Chapter 12:

Nationalism and Constitutional Development in Nigeria.

Nationalism. Nationalism is the recognition by people in a common geographical setting that they
together belong to a nation with some common history, interests and goals, laid the need to free
themselves from any socioeconomic or political domination by other nations. Nationalism embraces
both this awareness laid the activities towards obtaining or maintaining independence.

Growth of Nationalism in Nigeria:

Nationalism in Nigeria started as a reaction of traditional rulers to the delimiting of their authority
by the British Colonial administration. Such traditional rulers include King JAJA of OPOBO, Oba
OVONRAMWEN NOGBDISI of Benin and laid King MASABA of NUPE land.

Nationalism later focused on the eradication of colonialism in Nigeria. It took the form of attacks on
British colonial policies through newspapers, petitions, riots and strikes. In addition, constitutional
conferences were organized to fashion out acceptable constitutions for the people.

FACTORS THAT LED TO THE GROWTH OF NATIONALISM IN NIGERIA

1. The formation of political parties formed by strong and purposeful leaders enhanced nationalist
activities in Nigeria. These early political parties were NNDP formed in 1923 and led by Herbert
Macaulay, NYM (1934) led by Ernest IKOLI, NCNC (1944) led by Dr. NNAMDI AZIKIWE, AG (1951)
led by OBAFEMI AWOLOWO, NPC (1951) led by AHMADU BELLO, NEPU (1951) led by AMINU
KANO etc.

2. Further aiding the growth of nationalism was the emergence of irrepressible nationalist
newspapers such as Lagos daily news of Herbert Macaulay, the West African Pilot and the
comment of Dr. NNAMDI AZIKIWE and the daily service of OBAFEMI AWOLOWO and S.L.
AKINTOLA. The criticisms of these newspapers played fill important part in the development of
nationalism.

3. The economic exploitation and monopoly of trade and commerce by the Europeans treated the
middle class against colonial rule.

1. Some trade unions were formed which actively supported nationalism and encouraged their
members to participate in lie with nationalist causes.

4. The development of progressive ethnic and regional associations such as Bornu Youth
Movement (BYM), Ibibio union and Igbo State union further enhanced the nationalist cause.

5. Incidents of riots and strikes further increased nationalist awareness and united nationalist
forces. For instance, Aba Women riot of 1929, Abeokuta tax revolt of 1900 and the general strike
of 1945.
6. There was discrimination and nonappointment of educated Nigerians to appropriate senior
positions in the civil service. This was worsened by the establishment of YABA higher college
instead of a university, to produce only clerks and other middle-level manpower.

7. The introduction of wage labour and exploitative taxes further fuelled the fire of nationalism.

8. Nigerians who studied overseas got to recognize that British were only exploiting Nigerians, and
that such rule was being resisted and terminated, ill some other countries. These Nigerians back
home, actively worked for nationalist causes.

9. In Accra, there was the formation of the National Congress of British West Africa (NCBWA(, in
which some Nigerians took active part and returned home to start pressuring the colonial masters
for speedy reforms towards independence.

10. The activities of some Nigerian pressure groups in Britain and the US such as the West African
Students Union(WASU) contributed immensely to the growth of nationalism.

11. Many Nigerians were conscripted into the British army and fought in both the first and second
world wars. They fought alongside people from other race and in many countries, and they
realized that white mail was no special being. Thus, they came back home with nationalist ideas
to depose the British.

Effects of Nationalism in Nigeria:

A. Nationalism encouraged the spread of western education in Nigeria, I.E the establishment of
more schools and founding of the first tertiary institution, YABA higher college was first
founded but nationalist protest about its inadequacy, was one of the reasons for the
establishment of the university college, Ibadan in 1948
B. It led to the development of political parties in Nigeria, such as National Council of Nigerian
and the Cameroons (NCNC), Nigerian Youth Movement (NYM), Nigerian National Democratic
Party(NNDP), the Action Group (AG) and the Northern People’s Congress(NPC).
C. Nationalism led to the rise of newspapers such as the Lagos Daily News, Daily service and
West African Pilot.
D. It made Nigerian workers fight against discrimination in the civil service and obtained better
placements and conditions of service.
E. It mobilized the people against the economic exploitation by the British and created room for
Nigerians to control more of the nation’s trade and economic resources
F. Nationalism destroyed the myth of the superiority of the white mail that had for long been
created by the British rulers.
G. There was an outstanding in political consciousness, nationalist interests and the general
awareness among Nigerians.
H. It created a greater understanding and sense of unity among citizens of British West African
colonies.
I. Nationalism led to constitutional development and eventually independence for Nigeria.

Demands of Nationalist Movements in 1920S.

1. The creation of a legislative council for all British West Africa made up of representatives from
each colony.
2. The introduction of an elective principle.
3. Granting of complete control, over revenue and expenditure to the legislative council.
4. The election of at least 50% of the members of each legislative council.
5. The establishment of a west African university.
6. Rapid economic development of the region.
7. An African majority in the municipal council
8. The control by Africans of the appointment and deposition of traditional rulers.
9. The appointment of Africans to responsible posts in the civil service.

Contribution of Nigerian Nationalists to Independence.

*1. The Nigerian nationalists formed political parties and associations. The earlist political parties
were formed by nationalists. Examples were the NNDP formed by Herbert Macaulay, NCNC
formed by NNAMDI AZIKIWE, NYM led by Ernest IKOLI, AG led by OBAFEMI AWOLOWO and NPC
led by AHMADU Bello.

*2. They organized strikes and boycotts as powerful instruments to back up their demands.

*3. They organized labor unions and meetings that put pressure on the colonial employers and
government.

*4. The nationalists set up newspapers such as the Lagos Daily News and the West African Pilot
that were in vanguard for demand of independence.

*5. The wrote petitions to the secretary of state for the colonies in London. An example is the one
sent to him in March 1920 by the delegates to the National Congress of British West Africa.

*6. They took active part in constitutional conferences.

*7. In parliament, they tabled and voted in favor of motions/policie favourable to the attainment
of self-rule.

*8. They sent delegates to the British government in London and to the colonial government in
Nigeria, to press forward theitr demands.
*9. They organized rallies, symposia and lectures to educate the people

*10. They used other propaganda machinery such as the activities of the West African Student
Union (WASU) in London to present their position for the need of independence in Nigeria.

CONSTITUTIONAL DEVELOPMENT IN NIGERIA.

PRE-INDEPENDENCE CONSTITUTIONS.

Historical Background. Before 1900, Nigeria was ruled by the Royal Niger Company and the
British colonial office. The Royal Niger Company controlled much of Southern Nigeria, while the
colonial office ruled the colony of Lagos and other parts including the protectorate of Northern
Nigeria. On 1 May 1906, the British governmentmerged the colony of Lagos with the Southern
protectorate, which then became knownas the colony laid protectorate of Southern Nigeria with
the headquarters in Lagos. On 1 January 1914, the colony and protectorate of Southern Nigeria
was amalgamated with the protectorate of Northern Nigeria under a single name “Nigeria” with
Frederick Lord LUGARD as the first governor-general

THE NIGERIAN COUNCIL.

After the amalgamation in 1914, Frederick Lord LUGARD constituted the Nigerian council to join
the small legislative council of the Lagos colony already in existence. The establishment of the
Nigerian council laid the foundation for constitutional development in Nigeria.

The council consisted of a governor, two lieutenant governors, an administrator of the colony
and all executive councils. It also included thirty six members consisting of twenty three European
officials and thirteen nonofficial members, seven of whom were Europeans, and six Nigerians. The
six Europeans nonofficial represented business interest like commerce, banking, shipping and
mining. The six Nigerians nonofficial members were largely illiterates, chosen from different parts
of Nigeria to represent chieftaincy laid traditional interests. The council’s meetings were irregular,
attendance were unimpressive, and its decisions had no legal power. It only served as an advisory
body; and while its constitution and function were not impressive, it was still the first organ,
constituted to discuss issues affecting the various parts of Nigeria.

THE NATIONAL CONGRESS OF BRITISH WEST AFRICA.

The National Congress of British West Africa(NCBWA) came into existence in 1917. It was formed
by a group of intellectual, from British west African countries of the Gold Coast (now Ghana),
Nigeria, Gambia and Sierra Leone. The congress which was dominated by members from the Gold
Coast was led by CASELEY HAYFORD, a lawyer from Accra, the headquarters of the organization.
The main objective of the congress which had branches in the four British west African countries,
was to unite nationalists from these countries in their demand for independence.

In 1920, there was a meeting of the Congress in Accra, Ghana, attended by 40 Ghanaians, 6
Nigerians, 3 Sierra LEONEANS and 1 Gambian. It resolved to send a powerful delegation to the
secretary of state for the colonies in London to present the following demands:

A. The creation of a legislative council in each British west African territory with half of the
council’s members being Africans.
B. That the West African chiefs be subject to their people in terms of appointment and removal.
C. That the judiciary be independent of the colonial administration.
D. That the university be established in West Africa.

The delegation was snubbed the colonial secretary, Lord Milner. The governors of Nigeria and
the Gold Coast then accused the delegates of being self seekers, who could not understand
situations and were only inordinately ambitious.

However, in spite of the criticisms, the governor of Nigeria, Sir Huge Clifford, in 1922, abolished
the Nigerian council and introduced a constitution that embraced the election of Nigerians into
the council as well as some other democratic principles.

CLIFFORD CONSTITUTION:

The 1922 constitution was named after the then Governor of Nigeria, Sir Huge Clifford. It
seemed to be a response to the 1920 NCBWA demand for elective principles in West Africa.

FEATURES OF CLIFFORD CONSTITUTION:

1. There was an executive council for the whole country.

2. There was a legislative council composed of 46 members, with 27 of them (including the
Governor) being british and regarded as official members, 19 others nonofficial, out of whom
were 10 Nigerians including 3 elected to represent Lagos and 1 to represent CALABAR. 15 of
these nonofficial were Nigerians and non-nigerians nominated by the Governor to represent
various commercial and mining interests.
3. Only male adults who earned up to 100 (P) per annum and had resided in the area for at least
a year could vote during elections.
4. Except on finance, the jurisdiction of the new legislative council was limited to the Southern
provinces, including the colony of Lagos. It was no text ended to the Northern province. The
Governor, could at his own discretion apply to the Northern province any of the legislative
council’s decision or ordinances.
 MERITS OF CLIFFORD CONSTITUTION:

A. The constitution abolished the Nigerian council which was nonelective and ineffective.
B. It established a new executive council for the whole country.
C. It gave Nigerians the opportunity for the first time to vote for their representatives and have
a say in national government.
D. It was the first constitution in Nigeria, forming a basis for future constitutions.
E. It allowed more representations of Nigerians, than there in the Nigerian council.
F. It encouraged the political activities in the Southern protectorate and Lagos colony, resulting
in the formation of parties.
G. It encouraged the establishment of newspapers such as the Lagos daily news and the West
African Pilot.
H. It is to date, the longest lasting constitution in Nigeria.

DEMERITS OF CLIFFORD CONSTITUTION:

A. The constitution vested too much power in the governor, including the power to single-
handedly legislate for the North.
B. It allowed the legislative council to be dominated by Europeans.
C. The constitution isolated Northern Nigeria, and thus, formalized the North-south dichotomy
which is still present today.
D. It disenfranchised majority of Nigerians by limiting voting right only to male adults, earning at
least 100 (P) per annum.
E. It limited Nigerians to being only nonofficial, as result of which they could not in the executive
council.
F. Majority of members were british, and so the council was not truly the representative of the
governed.

RICHARDS CONSTITUTION:

The Richards constitution of 1946 came into existence as a result of the defects in the Clifford
constitution of 1922, which was greatly criticized by the nationalists. Bernard BOURDILLON, the
governor of Nigeria between 1935 and 1943, prepared room for the constitution.

He appealed to the Northern leaders to join the Southern leaders in the legislative council in
Lagos.
 This however, could not materialize till he left Nigeria I n 1943; and it was his successor, Arthur
Richards who continued the work and presented a new constitution in 1946 which took effect
from January, 1947.

OBJECTIVES OF RICHARDS CONSTITUTION:

1. To promote the unity of Nigeria.

2. To evolve a constitution to cover all parts of Nigeria.
3. To divide Nigeria into three-North, West and East and created a regional council for each.
4. To allow Nigerians to participate more in their own governance.
5. To create a legislative council embracing all sections of the country.

FEATURES OF RICHARDS CONSTITUTION:

1. The constitution became operational on 1 January 1947.

2. It created a central legislative council for the whole of Nigeria.
3. The governor could now make and apply laws to the whole country in consultation with the
legislative council.
4. The constitution provided for regional assemblies in the North, East and West, which would
not make laws, but discuss legislations and act a sectoral college for the election of the
legislative council’s members.
5. The enlarged legislative council now had 44 members, consisting of 28 majority nonofficial
and 16 minority officials. The 28 non-officials consisted of 9, 6 and 5 nominees representing
the North, West and East respectively. 4 nominees representing business interest and 4
elected members from Lagos and CALABAR. Of the 16 officials, 13 were ex-officio while 3 were
nominated.
6. The constitution provided for a bicameral legislature of two chambers of a house of chiefs and
a house of assembly in the Northern region, while the Eastern and Western regions had a
unicameral legislature, house of assembly each.
7. Majority of the representatives of the regional assemblies were selected by the native
authorities namely: 18 officials and 24 nonofficials for the North, 13 officials and 19
nonofficials for the West, and 13 officials and 18 nonofficials for the East.
8. In the West and in the East, the chief commissioner was the president of the house of
assembly, while in the North, the chief commissioner presided over the house of chiefs,
leaving the senior resident to head the house of assembly.
9. The regional legislatures could not make laws, but had to advise the legislative council in
Lagos whenever the latter sent laws pertaining applicable to them for consideration. The
governor could reject such advice.
10. The governor had power to act contrary to decisions or advice of the legislative council, but
had to obtain the approval of the secretary of state for the colonies.
 11. Two Nigerians, instead of only one appointed in 1943, became members of the executive
council.
12. Apart from the addition of one more Nigeria, that were executive council had the same the
composition as that of 1922, dominated by the British officials.

Functions of the regional council.

*1. It integrated the North and the South administratively for the first time since the 1914
amalgamation, thereby encouraging national unity.

*2. It prepared the way for a federal constitution in the Nigerian political system.

*3. The constitution provided for a bicameral legislature in the North, thereby institutionalizing,
BICAMERALIZING and recognizing traditional RULERSHIP in Nigeria.

*4. The constitution increased the representation of Nigerians in the legislative council.

*5. It expanded the Nigerian legislative council, final for the first time made Nigerian unofficial
members the majority in the legislative council.

*6. The constitution divided Nigeria into three regions-North, West and East, each with its own
house of assembly.

Demerits of Richards constitution.

1. Europeans still dominated the legislative council-especially the executive council, which was
the powerful organ.
2. The constitution was made with no consultation with or involvement of Nigerians during the
drafting.
3. The constitution of the legislative council was not democratic. Nominees dominated the
council, there were even more nominated than elected Nigerians.
4. The constitution granted excessive powers to the governor to nominate members, preside
over both the legislative and executive councils and to override their decisions when he chose.
5. Voting right was still dependent upon level of income
6. Only residents, if Lagos and CALABAR could vote during elections. Thus, the large majority of
Nigerians were disenfranchised.
7. The constitution divided Nigeria into three regions based largely on ethnic consideration. This
regionalism and ethnicity resulted in disunity of and distrust in Nigerian politics of today.
8. Regional councils were largely with no functions, since they had no powers to make laws.
 Macpherson Constitution.

John Macpherson succeeded Arthur Richards in 1948 as governor of Nigeria and soon saw the
need for constitutional reforms in the country. He established a select committee of the legislative
council to review the situation and then advised appropriately. The chairman of this committee
was the chief secretary, High M. Foot which included the financial secretary, attorney-general,
three chief commissions and all nonofficial members of the legislative council.

Consultations were made at various levels and the draft of the new constitution was approved
by the regional assembly and the central legislative council before final submission to the
governor who then got the approval of the secretary of state for the colonies, in London. The new
constitution came into effect in 1951.

Features of Macpherson Constitution.

1. The central legislative council was renamed the house of representatives. It consisted of 148
members. The governor was the president with 6 ex-officio or official members, 6 special
nominees by the governor to represent some interests or communities, and 136
representatives, the North having 68 members, while the West and East each had 34
members.
2. The central executive council, later called the council of ministers was presided over by the
governor and consisted of 6 ex-officio or official members and 12 ministers with 4 from each
region. The ministers who had no executive responsibilities were appointed by the governor,
as advised by the regional legislature
3. There was a bicameral legislature in the Northern and the Western regions-the house of chiefs
and the house of assembly, while there was a unicameral legislature in the Eastern region,
having only the house of assembly. The regional legislatures were empowered to make laws
on certain subjects, subject to the approval of the central council in Lagos.
4. There were regional executive councils, consisting of of the lieutenant governor, 5 official
members and 9 ministers.
5. There were 90 elected and 14 unelected members in the Northern house of assembly, the
West had 80 elected and 7 unelected while the East had 80 and 8 respectively.
6. There were both direct and indirect elections.
7. In the North, only male tax payers voted, while in the West and East, both sexes voted.
8. In Lagos as in the regions, the executive councils dominated by Nigerians were the principal
policy making body.
9. In all executive councils, decisions were by majority vote. The presiding governor in Lagos or
the lieutenant governor in each of the regions cast votes only when there was a tie.
10. The governor could sometimes make decisions or act without, or against the advice of the
council of ministers, if he thought that was best in the public interest.
 Merits of Macpherson Constitution.

1. Nigerians at all levels, up to the villages and districts, were consulted in the making of the
constitution. And so, it was largely a people’s constitution.
2. The constitution granted more powers to the regional houses of assembly who were allowed
to make laws and advised on most matters concerning their people.
3. The legislative houses consisted of mainly elected Nigerians and were no longer dominated by
nominees and ex-officio members.
4. It promoted and spread democracy by giving Nigerians all over the country the opportunity to
elect their members to the legislative houses.
5. For the time, Nigerians were appointed ministers at both the central and regional
governments.
6. The constitution allowed the bicameral legislatures in both the Northern and Western regions,
thereby promoting not only the people’s participation in lawmaking but also the institution of
traditional RULERSHIP.
7. The constitution started a system of revenue sharing between the central and regional
governments in Nigeria.
8. It furthered the process of federalism by dividing powers between the central and the regional
governments and allowing regions much autonomy.

Demerits of Macpherson Constitution.

1. The constitution still concentrated too much powers in the central legislature with the
regional houses, decisions largely subject to the approval of the central legislature or the
governor.
2. The central governor also had too much power for he could act without or against the advice
of the executive council.
3. Ministers supervised only one or more issues and acted in the legislature as the spokesmen of
their ministries but had no overall responsibility for their ministries.
4. The constitution allowed ministers to be elected by the regional legislatures which against the
principle of universal suffrage.
5. The regional divisions worsened the problems of ethnicity and mutual distrust in Nigerian
politics.
6. Mass participation was hindered in the North because only male tax payers were allowed to
vote.
7. With the British still controlling executive power, the constitution failed to transfer power to
Nigerians or allowed them to participate adequately in their governance.

The Macpherson constitution finally collapsed due to the threat of Northern secession by the
NPC, the crisis in the Eastern region House of Assembly, the Kano riot and the 1953 motion by
Anthony ENAHORO for Nigerian independence by 1956.
 LYTTLETON CONSTITUTION

The Lyttleton Constitution emerged from the decisions taken at the 1953 London and 1954
Lagos constitutional conferences. These decisions made up most of the new constitution which
came into effect in October 1954.

FEATURES OF LYTTLETON CONSTITUTION

1. There was a central legislature with 184 representatives. The Northern Region had 92 of these
while East and West each had 42 members, with Southern Cameroons having six and Lagos,
two. A speaker was elected from the members.
2. The council of ministers comprised the Governor-general who was the president, three official
members, three ministers from each region and one minister from the Southern Cameroons.
All the ministers who were members of the House of Representatives were appointed by the
Governor-general as suggested by regional executives.
3. The constitution retained bicameral legislatures (Houses of chiefs and assembly) for the
Northern and Western regions and only the House of Assembly for the Eastern region. From
1955, members of the Western and Eastern Houses of Assembly were directly elected by
universal suffrage, while both direct and indirect elections were used in the North.
4. Revenue allocation focused on derivation rather than need and national interest.
5. Lagos formally became federal capital (separated from Western region) with the right to elect
two representatives to the House of Representatives.
6. Members of the House of Representatives were chosen through direct elections instead of
through electoral colleges of the regional legislatures.
7. The regions had greater autonomy to formulate policies and execute programs while the
center focused on an exclusive list, including defense, external affairs, customs, banking and
currency.
8. The leader of the political party holding a majority in the regional assembly became premier
of the region. Consequently, Sir AHMADU Bello became the premier of Northern region,
OBAFEMI AWOLOWO, premier of Western region and NNAMDI AZIKIWE, premier of Eastern
region. These premiers advised the regional governor on the appointment of regional
ministers.
9. The speaker of the House of Assembly was appointed by the governor from members or non-
members of the House.
10. The Governor became known as governor-general while lieutenant governors were
designated governors.
11. The judiciary was regionalized.
12. The public service was also regionalized, with different federal and regional public service
commissions.
 MERITS OF LYTTLETON CONSTITUTION

1. The Constitution formally established federalism.

2. It introduced direct elections into the federal and regional legislatures in Nigeria.
3. There were premiers in the three regions who were Nigerians.
4. It established the offices of speaker and deputy speaker, occupied by Nigerians, in the
legislature.
5. The constitution made the legislative houses at both the federal and regional levels functional
and effective by granting them powers to make laws.
6. The constitution made ministers heads of departments, having full responsibilities of their
ministries.

DEMERITS OF LYTTLETON CONSTITUTION

1. The constitution still vested some autocratic powers on the Governor-general and regional
governors.
2. The constitution made the British governor-general continue to be the chairman of the federal
executive council, by failing to provide for the position of a prime minister who should be a
Nigerian.
3. It did not institute a common electoral system for the whole country.
4. It instituted a revenue formula which worked on derivation instead of need and national
interest.
5. It failed to allay the fears of the minorities as the regional structure favored the major ethnic
groups, thus, there was clamor for more regions.
6. The regional structure encouraged regionalism, ethnicity and national disunity.

INDEPENDENCE AND POST-INDEPENDENCE CONSTITUTIONS

The following will be examined: Independence constitution of 1960, the 1963 Republican
constitution, the 1979 Republican constitution, the 1989 Republican constitution and the 1999
Republican constitution.

The Independence Constitution of 1960

From 23 May to 26 June 1957, the was a constitutional conference in London arranged mainly to
correct the deficiencies of the LYTTLETON constitution of 1954, and which took the following
decisions:
A. Establishment of full regional self-government for the East and West in 1957 and for the North
in 1959.
B. That the office of the prime minister of Nigeria should be established.
C. The federal legislature would comprise two Houses, the Senate and House of representatives.
D. Southern Cameroons would become a region, with its own premier.
E. That a House of chiefs should also be established in the Eastern region, in addition to the
house of assembly, in uniform with the other two regions with bicameral legislatures.
F. That the house of representatives should have 320 members distributed according to the
population of each area in the country.
G. That the police should remain under federal control.
H. That a commission of enquiry should be set up to consider the complaints of minorities in
each region.
I. That while adult mate suffrage would be used in the North, universal adult suffrage should be
used in the East, West, Lagos and Southern Cameroons to elect members of the federal and
regional legislatures.
J. That the leader of the party who commanded a majority in the regional legislature be
appointed premier.

IMPLEMENTATION OF THE DECISIONS OF THE CONSTITUTIONAL CONFERENCE OF 1957

A. Southern Cameroons became a separate region with its own premier.

B. Except the governor-general, all the ex-officio British officials stopped being members of the
executive council.
C. Western and Eastern regions began self-government on 8 August 1957.
D. On 2 September 1957, ALHAJI ABUBAKAR TAFAWA BALEWA was appointed Nigeria’s first
prime minister, by the governor-general because his was the majority party in the house of
representatives.

In 1958, there was another constitutional conference held no longer in London, but in Lagos. The
conference discussed the report of the two special commissions set up in 1957, that is, the Fiscal
Allocation Committee and that on the fears of the minorities. This conference set 1 October 1960,
as the date for Nigeria’s independence.

A nationwide general election was held to the federal house of representatives in December
1959. No party won an overall majority, and so, the NPC and NCNC agreed to form a coalition
government, while the AG became the opposition party.

FEATURES OF THE INDEPENDENCE CONSTITUTION

1. The constitution introduced a parliamentary system of government.
2. It established two legislative houses at both the federal and regional levels.
3. It retained the federal structure with the regions having residual powers.
4. The governor-general was made the ceremonial head of state.
5. The federal prime minister and regional premiers had exclusive powers conferred on them.
6. Qualifications for Nigerian citizenship were defined.
7. Provisions were included in the constitution for the creation of more regions or states and
boundary adjustments of existing ones.
8. Federal legislatures were empowered to make laws to address times of war or other
emergencies.
9. It included fundamental human rights in fine with decisions at the 1958 constitutional
conference.
10. A governor could remove the premier if the latter lost the confidence of the house.
11. There was to be a judicial service commission to advise on the appointment of the Supreme
court and High court judges.
12. Decisions on finance and general monetary affairs were in the provenance of the senate.
13. Amendments to some important clauses of the constitution required a two-thirds majority
vote in both houses of of the federal legislature, and of at least two regions.

MERITS OF THE INDEPENDENCE CONSTITUTION

1. Nigeria became politically independent through the application of the constitution, and
Nigerians effectively took control of the executive and legislative arms of government.
2. As an independent nation, Nigeria joined such international organizations as the
Commonwealth and the United Nations Organization (UNO).
3. Nigeria also became independent from British economic exploitation and started expanding
her trade by establishing trade relations with other nations.
4. Political stability was ensured by retaining and safeguarding existing regions and their
boundaries.

Provisions for boundary adjustments and creation of new regions or states were very strict.

5. Many employment opportunities were created for Nigerians, in the civil service, to replace
British nationals.

DEMERITS OF THE INDEPENDENCE CONSTITUTION

1. Many issues remained unresolved, especially the criteria for the division of revenue between
the centre and the regions.
2. The legislative powers of the Nigerian state were in an Act of the British parliament and not
that of the Nigerian parliament till Nigeria became a republic in 1963.
3. The queen of England remained the constitutional ceremonial head of state of Nigeria.
4. Nigeria’s highest court of appeal was the Judicial Committee of the Privy Council, above
Nigeria’s Supreme court.
5. Senators were not elected but appointed by regional governments.
6. The issue of the creation of more regions was made cumbersome, which brought some
problems before the creation of the mid-Western region.

THE REPUBLICAN CONSTITUTION OF 1963

On 19 September 1963, the Republican constitution was passed into law by the federal
parliament and became operational on 1 October 1963. It was a following-up to the constitutional
conference held in Lagos on 25 and 26 July 1963, designed to resolve the following issues:

A. The situation whereby the legislative powers of Nigerian parliaments were still defined only in
an Act of the British parliament, making the Queen of England remain the Nigerian head of
state represented by the governor-general.
B. The need to change from a state under a a monarch to a republic. This became the most
important feature of the 1963 Republican constitution.
C. The need for constitutional clarification on the creation of regions and adjustment of
boundaries to facilitate this.
D. The need to make the prime minister really effective by giving him more powers over many
organs of government.
E. The necessity of replacing the Judicial Committee of the British Privy council as final court of
appeal for Nigeria.
F. The need for an increase in the number of seats in the federal legislature with the creation of
the mid-western region.

FEATURES OF THE REPUBLICAN CONSTITUTION OF 1963

1. The Act establishing the constitution was passed by the Nigerian parliament, instead of the
British parliament.
2. There would be a Nigerian president as the constitutional head of state and commander-in-
chief of the armed forces to replace the queen of England.
3. The president would be elected by secret ballot by a joint session of the two houses of the
federal legislature. He could be removed by impeachment of the House of representatives.
4. In the absence of the president of the Republic, the senate president could act for him.
5. The supreme court of Nigeria assumed position as the final court of appeal, rather than the
Judicial Committee of the British Privy Council in Britain.
6. The Judicial advisory committee was abolished, with the powers for the appointment, transfer
and promotion of judges vested in the president, on the advice of the prime minister.
7. The constitution further favored the principles of fundamental human rights.
8. The number of seats in the senate was increased from 44 to 56 and that of the house of
representatives from 305 to 312.

MERITS OF THE REPUBLICAN CONSTITUTION OF 1963

1. The Act establishing it was enacted by the Nigerian federal parliament, instead of the British
parliament.
2. It removed Nigeria from under the headship of the English monarch.
3. It gave the Supreme court its due position as the highest court for all cases in Nigeria.

DEMERITS OF THE REPUBLICAN CONSTITUTION OF 1963

1. The constitution did not solve the problem of the creation of new states, thus, leaving the
Northern region larger in size than the three Southern regions put together.
2. The election of the president was by the House of representatives and not through the
general elections.

THE 1979 REPUBLICAN CONSTITUTION

After the military took over governance in 1966 and the 1963 Republican constitution was set
aside, there were many steps taken towards the drafting of a new constitution for Nigeria. The
AGUIYI IRONSI regime set up a constitutional review committee headed by F.R.A. Williams, but
the committee could not do much before the regime was terminated. YAKUBU GOWON who
followed AGUIYI IRONSI, set up a constitutional conference and took part in the drafting of a
constitutional program in ABURI, Ghana which was never implemented.

It was the MURTALA-OBASANJO regime which came in 1975 that established a forty-nine-
member Constitution Drafting Committee that same year, chaired by F.R.A Williams. The
constitution was completed by 1976, and reviewed by a 230 member Constituent Assembly
headed by Justice UDO UDOMA which worked from 1977 to 1978. The Supreme Military Council
carried out the final amendment and promulgated the new constitution of the Federal Republic of
Nigeria into a decree to come into effect from 1 October, 1979.

FEATURES OF THE 1979 REPUBLICAN CONSTITUTION

1. The constitution introduced the position of an executive president, who would be the head of
state and commander-in-chief of the armed forces.
2. The president would be directly elected in a general election.
3. To get elected as a president, a candidate must score not only a majority of votes cast at an
election, but also at least one-quarter of the votes cast in each of at least two-thirds of the
states in Nigeria.
4. Conditions for the election of state governors were similar to those of the president except
that local government areas would be considered in place of states in terms of number of
votes cast.
5. The president and the governors should have running mates (vice-president and deputy-
governors respectively) with whom they would run elections on the same ticket.
6. The tenure of the president, governors and legislators was fixed at four years. The executives
could be elected for two terms at most.
7. There would be a governor as chief executive, with his deputy and commissioners constituting
the executive arm in each state.
8. The president and the governor with their running mates could be removed from office by
impeachment.
9. The national assembly was bicameral—consisting of the senate with ninety-five members, and
a house of representatives with 450 members, while each state had only a house of assembly.
10. Each legislature would meet for at least 181 days annually, and any member who without just
cause could not be present for at least 100 days would have his membership terminated.
11. The federal legislature was empowered to approve presidential nominations for very
important political offices, while the state legislatures did this for their governors.
12. The chief justice of the federation was to be appointed by the president, with the senate’s
approval. All other justices of the Supreme court, the federal court of appeal, and the federal
High courts were appointed by the Federal Judicial Service Commission, with the approval of
the Senate.
13. The constitution created a council of states to advise the president on important national
issues. It consisted of the president, vice-president, senate president,the speaker of the house
of representatives, all the state governors, the attorney-general, all former heads of state and
former chief justices, and one paramount chief from each state.
14. The judiciary was to interpret the constitution and carry out judicial review.
15. There was separation of powers among the three organs of government.
16. There was to be a national economic council headed by the vice-president, with all state
governors and the governor of the Central bank as members.
17. The constitution made provisions for fundamental human rights.
18. It made provisions for a code of conduct for public officers, a code of conduct bureau and
tribunal and the public complaints commission.
19. It discussed the formation of political parties, their functions and administration.
20. The constitution was the supreme law of the land, with which all other laws must align.

MERITS OF THE 1979 REPUBLICAN CONSTITUTION

1. Unlike the Independence and the 1963 Republican constitutions, there was a combination of
real and formal authorities in the office of an executive president or governor. There were no
longer ceremonial heads.
2. The president and the governor were elected for a fixed term.
3. Both of them were directly elected by the electorate to whom they had to be responsible. This
also promoted democracy.
4. The working relationship between the executive and legislative arms made provisions for
checks and balances, especially on the executive.
5. There was a clear definition of functions and interrelationships of the three arms of
government.

DEMERITS OF THE 1979 REPUBLICAN CONSTITUTION

A. The constitution was not specific enough on the expections concerning character and ability
for aspirants to leadership positions.
B. The impeachment clause was misused by the legislature in situations where different parties
controlled the legislature and the executive. The executive was not allowed a conducive
atmosphere to function effectively.
C. The system was too complicated for many of those involved in implementing it.
D. In spite of the checks and balances, the chief executive still had enough room for dictatorial
actions.
E. The constitution encouraged a winner-take-all situation where there was little room for
consensus and thus, bitter rivalries and instability ensued.

THE 1989 REPUBLICAN CONSTITUTION

After General MUHAMMADU BUHARI took over government on 31 December, some sections of
the 1979 Republican Constitution under which, operated were suspended.

Political activities were banned and the General IBRAHIM BABANGIDA who himself seized power
in a military coup that the 1989 Constitution was formulated in a process involving a Political
Bureau, Constitution Review Committee (CRC) and the Constituent Assembly.

The Political Bureau was established on 13 January 1989 with seventeen members. It collated
the views of Nigerians on the nation’s political future and wrote a report on this for the CRC. The
CRC was inaugurated on 7 September, 1987 with forty-six members to use the recommendations
of the Political Bureau in reviewing the 1963 and 1979 Republican constitutions.

The CRC produced a constitution which was deliberated upon by a 452-member Constituent
Assembly (CA) established on 11 May 1988. This CA submitted its report to the Armed Forces
Ruling Council (AFRC), the highest governing body under BABANGIDA administration, which after
amending some portions promulgated the 1989 constitution of Nigeria into a decree.

FEATURES OF THE 1989 CONSTITUTION

1. The constitution retained a presidential system of government as in the 1979 Constitution.

2. A two-party system was entrenched in the constitution.
3. The minimum qualification to occupy state and national positions such as president, governor
and legislators was the secondary school certificate. Minimum ages for each were also
specified.
4. Legislators were to be regarded as part-time workers who were all to receive only sitting
allowances.
5. The people could withdraw any legislator who no longer enjoyed the confidence of the
electorate.
6. The federal capital territory, Abuja would not be regarded as a state.
7. The constitution accorded greater prominence to the autonomy and democratization of the
local government. For example, there was an increase in the number of local governments,
direct election of chairmen and councilors and direct allocation of revenue to local
governments.
8. It defined the three forms of Nigerian citizenship, viz: citizenship by birth, citizenship by
registration and citizenship by naturalization.
9. There were provisions for an independent judiciary and a range of fundamental human rights
for Nigerian citizens.
10. To avert the “two-thirds” controversy of the 1979 presidential election, the constitution made
provision for fractions arising from the computation of votes to be rounded up to the next
whole number.

MERITS OF THE 1989 CONSTITUTION

A. The two-party system made the choice of the electorate more focused with reduced confusion
as in the multi-party system.
B. Minimum qualifications of age and education for candidates eliminated immature and
ignorant people from participating in governance.
C. The greater prominence of local governments made room for rapid more development at the
local and rural areas.

DEMERITS OF THE 1989 CONSTITUTION

 1. Part-time status and allowances given to legislators made them concentrate more on their
private business than on law making.
2. The two party system limited the choice of both politicians and and the electorate, thus,
restricting democracy.
3.

THE 1999 FOURTH REPUBLICAN CONSTITUTION OF NIGERIA

The federal Republic of Nigeria is a sovereign country located in West Africa. The 1999 Constitution of
Nigeria is the supreme law of the federal Republic of Nigeria since May 29th,1999.

ABDULSALAM ABUBAKAR-the head of state of Nigeria, a General in the Nigerian army was in
office between June 1998 and 29th May,1999. It was during his leadership that Nigeria adopted
this new constitution.

However, the 1999 Constitution is largely the recreation of the second Republican Constitution
of 1979 with the features of the American presidential system of government.

MAIN FEATURES OF THE 1999 CONSTITUTION

(1). The executive president. The presidential system of government was adopted. The executive
president was both the head of State and head of government.

A. Term of office. He stays in office for four years and can only stay for two terms of 8 years.

B. The office of the president. To occupy this office, it requires the following conditions:

*1. The individual must be at list 35 years of age.

*2. Birth. He must be a citizen of Nigeria by birth.

2. Vice-president. The office of the vice-president as second in command was created.

3. Sovereign immunity. Section 308 of the Nigerian constitution provides immunity from court
proceedings i.e. Mr. President and his Vice.

4. Nigerian armed forces. This is the armed force of the federal Republic of Nigeria. The executive
President of Nigeria is the Command-in-chief of the armed forces.

5. National Assembly (NASS). A bicameral legislature was established, the house of Senate and
house of Representatives.

Composition.-Senate-109 senators and house of Representatives-360 honorable members.

6. Executive governors. Each states has its own elected executive governors, he stays in office
for four years and could be re-elected for another term of four years. In all, he stays for only 8
years (2 terms) in office. There is a deputy governor to assist him.
7. 7. Impeachment. Elected political leaders e.g. Mr. President, governors, Senate president and
House of representatives’ Speaker can be impeached or removed from their respective offices,
if found to have violated the provision of the Nigerian Constitution.
8. 8. The Supreme Court. This is the highest court in Nigeria and is located in Chapter 7 of the
1999 Constitution.
9. 9. Council of States. It is the organ of the Nigerian government.
10. 10. The freedom of religion. The constitution allows freedom of religions-Islam and
Christianity are the two major religions in Nigeria.
11. 11. Appointment of ministers. The appointment of ministers (cabinet members) are made by
the President with approval of the National Assembly.
12. 12. Fundamental human rights. These rights are entrenched in the Constitution e.g. right to
life, right to personal liberty and right to vote and to be voted for.
13. 13. Separation of powers. The constitution makes provision for strict separation of powers
among the three organs of governments-the executive, legislature and the judiciary.
14. 14. Federal character. Appointment of political officials in government should not be
restricted or segmented, but to spread across the whole country. For example, the
appointment of chairmen into federal agencies or establishments has to be done to reflect the
federal character, so also the appointment of ministers.
15. 15. Legislative powers. Powers were shared between the federal and other tiers of
governments-states and local governments.
16. 16. Renunciation of citizenship. The right to renounce the Nigerian citizenship is established.
17. 17. Democratization. This constitution restores democratic rules in Nigeria.
18.

MERITS OF 1999 CONSTITUTION

1. Popularly elected. The executive president, governors of states are popularly elected by the
people.
2. 2. Fundamental human rights. These rights are respected and guaranteed in the constitution.
3. 3. Separation of powers. The separation of powers was also recognized by this constitution,
thereby making room for noninterference in the activities of each organ.
4. 4. Supreme court. Supreme court still retains the power of judicial review i.e. the power to
check the excesses or the unconstitutional activities of other arms of governments.
5. 5. Fixed term of office. This will help to remove the tendency of any ruling party in
government perpetuating itself in power.
6. 6. Supremacy of the constitution. Everybody is often equal before the constitution
irrespective of the person’s background, race, religion or political influences.
 7. 7. Federal character. These appointments respect the right of both the majority and the
minority groups in the country. It brings in representatives from almost different groups in the
country.
8.

DEMERITS OF 1999 CONSTITUTION

(1). Costly to run. This constitution provides for the presidential/federal system of government which
allows creation of numerous/unnecessary political offices, thereby leading to a waste of the Country’s
resources.

2. Impeachment. The impeachment as stipulated in the constitution could be abused by the law
makers. They can use it to victimize the political opponent.

3. Execution of programs. The execution of government policies may be delayed due to long
processing of implementation.

4. Refusal of the executive to honor the judgement of the Supreme court.

5. Conflict of powers. Government activities may be standstill due to the problems that ensue
between the executive and the legislature.

19. MAJOR CONTRIBUTIONS OF THE MILITARY TO CONSTITUTIONAL AND DEMOCRATIC

DEVELOPMENTS IN NIGERIA

These contributions are contained in this same chapter under “1979 Republican constitution” and
“1989 Republican constitution”.

MULTIPLE CHOICE QUESTIONS

1. Which of the following was not a major demand of NCBWA.

A. Establishment of a university
B. Rapid economic development
C. Appointment of Nigerians into the civil service
D. Attainment of self-government
E. The creation of a legislative council.
2. The first president of Nigeria was ---?
A. ALHAJI SHEHU SHAGARI
B. Dr. NNAMDI AZIKIWE
C. ALHAJI TAFAWA BALEWA
D. SIR AHMADU BELLO
E. Chief OBAFEMI AWOLOWO.
3. The major shortcoming of the LYTTLETON Constitution was that?
A. It failed to allay the fears of the minorities,
B. It did not provide for a second chamber at the federal level,
C. The Governor-general continued to chair the federal executive,
D. No provision was made for the office of the prime minister,
E. Gave the Supreme court the position of the highest appeal court.
4. One of the effects of the 1963 Republican constitution was that, it
A. Separated Lagos from the Western region,
B. Created three regions,
C. Increased the number of seats in the senate to sixty,
D. Created the Judicial Review Commission,
E. Gave the Supreme court the position of the highest appeal court.
5. The 1979 constitution most made provision for ---?
A. A prime minister,
B. A governor,
C. A presidential system of government,
D. A federal system of government,
E. The senate and house of representatives.

ESSAY QUESTIONS

1. Discuss five major factors that led to the collapse of the Macpherson constitution of 1951.
2. What were the main demands of the National Congress of British West Africa?
3. Evaluate the military’s contributions to constitutional development in Nigeria.
4. Compare the 1963 and 1979 Republican constitutions.
5. Explain the main changes introduced by the 1979 constitution.

MODEL ANSWER TO QUESTION 4

*1. The 1963 Republican constitution followed the British parliamentary system of government,
while the 1979 constitution was based on American presidential system of government.

*2. The president in the 1963 constitution was a ceremonial head of state, while the 1979
constitution provided for an executive president who was the head of state, government and
commander-in-chief of the armed forces.

*3. The 1963 constitution provided for no special election for the prime minister who was the
head of government, while the president, according to the 1979 constitution, would emerge from
results of a general election.
*4. The 1963 constitution had the executive and the legislature largely combined, while according
to the 1979 Constitution, both organs were separated from each other.

*5. The 1963 constitution made much room for the opposition party, while, according to the 1979
constitution, only majority and minority leaders were recognized.

*6. While the 1963 constitution stipulated that ministers should be chosen from among members
of parliament, the 1979 allowed the president to choose his ministers outside the legislature.

*7. A vote of no confidence was the instrument provided in the 1963 constitution for the removal
of the prime minister, while according to the 1979 constitution, the president could be removed
by impeachment only.

*8. The 1963 constitution allowed the prime minister to remain in office for as long as his party
still controlled majority seats in the legislature. However, the 1979 constitution stipulated four
years tenure for the president; with a minimum of two terms.

*9. By the 1963 constitution, a member of parliament appointed minister could combine both
positions, while by the 1979 constitution, a legislator appointed minister ceased to be a member
of the house of assembly.

GUIDE TO AWARD OF MARKS. 2 marks for any 8 points fully discussed up to a maximum of 16
marks. 1 mark for mere mentioning or listing of points.