CONSTITUTIONAL DEVELOPMENT IN NIGERIA -JAMB & WAEC GUIDE - KEY POINTS

CONSTITUTIONAL DEVELOPMENT IN NIGERIA

Nigeria fell under British rule in 1861. Lagos was made a crown colony and was directly administered from London. Nigeria passed through different phases of constitutional development. In 1914 Lord Luggard, the governor general amalgamated the northern and southern protectorate. Lord Luggard established the Nigerian Council that laid the foundation for constitutional development in Nigeria

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20.1 CLIFFORD CONSTITUTION OF 1922

Sir Hugh Clifford was appointed governor of Nigeria after Lord Frederick Luggard in 1922. He made some findings on the northern and southern provinces and recommendation was sent to the British government and was approved. This became the new constitution and was named after Sir Hugh Clifford. The constitution created two councils (The executive and legislative council) elective principle (This means election and voting for candidates to represent Nigeria in the legislative was introduced).

FEATURES OF CLIFFORD CONSTITUTION

It abolished the Nigerian council.
It established a new legislative council – the first ever for the colony and protectorate of Nigeria (excluding the northern protectorate)
It establishes a new executive council for the whole Nigeria.
It established elective principle for the first time.
It gave special impetus to the activities in Lagos and Calabar with the formation of political parties.
Newspapers were established to further make popular the increased political activities.

MERITS OF CLIFFORD CONSTITUTION

Introduction of elective principle: This allowed the electorates in Lagos and Calabar to exercise their franchise.
It led to the development of political parties in Nigeria e.g. NNDP which led to increased political awareness among the people of Nigeria.
It gave birth to the establishment of newspapers in Nigeria. Lagos daily news
It was the first written constitution in Nigeria
More seats were given to Africans in the legislative council than that of 1914

DEMERITS OF CLIFFORD CONSTITUTION

Nigerians were not well represented in the legislative council.
The elective principle introduced was only for the legislative council and were unofficial. The franchise was not extended to the executive council.
The legislative council was dominated by the uneducated Nigerians who could not make much positive contributions.
The veto power of the governor could be exercised on issues affecting both legislative and executive councils.
Executive council was also dominated and controlled by the Europeans.
Clifford constitution was accused of sectionalism by its definition. It was a constitution for the south only, the north was excluded

20.2 ARTHUR RICHARD CONSTITUTION OF 1946

The Richard constitution of 1946 came into existence as a result of the defect in the Clifford constitution of 1922 which was greatly criticized by the Nationalist. Bernard Bouillon, the governor of Nigeria between 1935 and 1943 proposed a new befitting constitution.

AIMS AND OBJECTIVES OF RICHARD CONSTITUTION

To promote the unity of Nigeria
To create a legislative council in which all section of the country will be represented.
To evolve greater participation of Nigerians in their own affairs

MAIN FEATURES

The legislative council comprises of 44 members, 16 officials and28non-officials. The 28 nonofficial members are composed of the
The constitution divided the country into three regions.
Only male adults who had resided the area for 12 months constituted the electorate

ACHIEVEMENT OF THE RICHARD CONSTITUTION

It laid the foundation for federalism and federal constitution in Nigeria political culture
The constitution integrated the north with the south thus bringing about National unity
It widened the scope of Nigeria representation in the legislative council
By providing for a bi-camera legislature in the North, the constitution introduced bicameralism in Nigeria.

WEAKNESSES OF RICHARD CONSTITUTION

It introduced regionalism into Nigeria boarding politics which up till today is oneof the bales of Nigeria
The Nigerian Nationalist Liga seriously criticized and subsequently rejectedtheconstitution because they were not consulted during drafting.
The constitution failed to grant Nigerians greater participation intheadministration of their country
The creation of three regions along the three major ethnic groups fined the em-bass of tribalism and sectionalism in Nigeria.

20.3 JOHN MACPHERSON CONSTITUTION OF 1951.

The criticisms and demerits of Richard’s constitution lead to the introduction of John Macpherson Constitution of 1951, Macpherson constitution was assumed to be home made and came into effect in 1951.

FEATURES OF JOHN MACPHERSON CONSTITUTION OF 1951.

It established a central legislative Council(house of representative) with 149 members
Establishment of regional legislature
Each region had a legislature and an executive Council
Public Service Commission was established
Both members of regional legislative council w also central legislative council.
There was no provision for the offices of the prime minister and premier.

MERITS OF JOHN MACPHERSON CONSTITUTION OF 1951

Nigerians were involved in decision making (Homemade constitution).
The constitution introduced a new central law-making body called the house of representative.
The office of the speaker was for the first time created
Powers were shared between the central and regional government.
The regions were granted more power and made autonomous.

DEMERITS OF JOHN MACPHERSON CONSTITUTION OF 1951.

It vested too much power on the governor.
Nigerians ministers had no executive control over their departments
It failed to provide responsible governor at the center.
The constitution encouraged regional ethnic politics
It encouraged indirect election of legislators at national and regional levels.

20.4 LYTTLETON CONSTITUTION OF 1954

This constitution is remembered as one of the constitutions that was not named after a Governor General of Nigeria. Oliver Lyttleton was the Secretary of state for the colonies; he encouraged the drafting of a new constitution. The role he played earned him the reward of naming the constitution after his name.

20.5 THE LONDON CONFERENCE OF 1953

The London conference of 1953 was the idea of Oliver Lyttleton who in an address to the British house of common in 1953 suggested a new constitution to tackle among many issues, the relationship between the regional and central government, independence of the country and deficiencies inherent in the Macpherson constitution.

RECOMMENDATION OF 1953 CONFERENCE

Nigeria became a federation
The public service to be regionalized
Internal self-government to be given to the regions that want it
Lagos to cease being part of western territory and become federal capital territory
Governor of Nigeria to become governor general while lieutenant governors become Governor General
Legislative powers should be shared between federal, regional and federating units
That a conference should be held in Lagos in 1954 and ratify a separate regional administration in the Cameroons if the people of the territory support the proposal through a referendum
That her majesty’s government would grant self-government to those regions who so desire it in 1956

20.6 LAGOS CONSTITUTIONAL CONFERENCE OF 1954

The conference was held to resolve outstanding issues from 1953 London constitutional conference
Resources to be allocated to the regions based on derivation
Partial autonomy to be granted to the southern Cameroon
Southern Cameroon to remain part of the federation but with a legislature of its own

FEATURES OF LYTTLETON CONSTITUTION

It gave a lot of authority to the regional legislature
It set out a list of exclusive and concurrent responsibilities.
It replaced the office of the Lieutenant Government in the region with that of the Governor. the Governor of Nigeria become the Governor General
The federal house of representative was to be constituted through direct election
It accorded for the first-time executive control of government department to the federal and regional ministers
It decentralized both civil service and the judicial system both were put in regional hands
Supreme court was established for the country
A federal Capital Territory (Lagos) was created
Nigerians elected regional premiers
The principle of derivation was adopted as a basis for revenue allocation

MERITS OF LYTTLETON CONSTITUTION

Full federation was established
Port folio’s were given to ministers
The constitution formed basis for eventual constitutional negotiation.
It created the office of speaker and deputy speaker of the house of representative
More powers were granted to the regions
More powers were granted to the regions
Educated Nigerians were given opportunity to participate in the country’s affairs.
Nigerians were elected as regional premiers.

DEMERITS OF LYTTLETON CONSTITUTION

It exposed the fears of minorities who began to demands their own region
It still left the governor general too powerful. They retained control of the executive council and other vital sectors of government. he employed power to veto
Lyttleton constitution promoted regional sentiments among Nigerians like the Richard constitution
No provision of the office of the prime minister
Ministers were appointed instead of elected
No uniform electoral system (Adult Male Suffrage in the North),( Universal Suffrage in the East and West).
No plans for independence were made
No second chamber in the federal an Eastern level.

20.7 THE INDEPENDENCE CONSTITUTION OF 1960

The independence constitution of 1960 refers to the constitutional document that was established when Nigeria gained independence from British colonial rule on October 1, 1960.

FEATURES OF THE INDEPENDENCE CONSTITUTION OF 1960

Federal System: The constitution established a federal system of government in Nigeria, dividing powers between the central government and the regional governments.
Executive Branch: The constitution created the position of a ceremonial head of state, known as the President, who represented Nigeria internationally.
Parliamentary System: Nigeria adopted a parliamentary system of government, where the Prime Minister and the Council of Ministers were accountable to the parliament, known as the House of Representatives.
Bicameral Legislature: The constitution established a bicameral legislature consisting of the House of Representatives and the Senate. The House of Representatives represented the regions, while the Senate represented the federal government.
Protection of Fundamental Rights: The constitution included provisions to protect fundamental rights and freedoms, such as freedom of speech, assembly, and religion.

ACHIEVEMENTS OF THE INDEPENCE CONSTITUTION OF 1960

It ushered in independence for the country
The regional and central governments had bi-cameral legislatures
It made provisions for the fundamental human rights of citizens
Nigeria became the 99th member of UNO, after her independence
It defined citizenship and how it could be acquired

WEAKNESSES OF INDEPENDENCE CONSTITUTION

Partial independence was achieved because it did not bring total sovereignty to the country. The queen was still the head of state
Final court of appeal was the privy council in London, even though there was a supreme court in the country, it had no power over appellate cases
There was the possibility of Britain still interfering in the internal affairs of the country as long as the Queen remained Head of Sate

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