2. Constitutional Development in Nigeria: Pre-independent constitutions and their main features, significance, limitations and criticisms

SPECIFIC OBJECTIVES

At the end of the lesson students should be able to

1. List the various per-independence constitutions
2. Mention the features of (a) Clifford’s constitution (b) Nigerian council (c) Richard’s Constitution (d) Macpherson’s Constitution (e) Lyttletton’s Constitution.
3. Mention main criticism of all the pre-independence constitutions

CONSTITUTIONAL DEVELOPMENTS IN NIGERIA

Events In Chronological Order:

1. 1851 – the attack and conquest of Lagos
2. 1861 -  the annexation of Lagos
3. 1900 – division of the territory into the colony and protectorate of Lagos, the protectorate of the Northern Nig. And the protectorate of the southern Nigerian
4. 1906 – The amalgamation of the colony of Lagos and protectorate of Southern Nig.
5. Jan. 1914 – the amalgamation of the colony and protectorate of southern Nigeria and the protectorate of the Northern Nigeria.
6. 1914 Sir Lord Lugard became the governor of the colony and protectorate of Nigeria
7. 1914 - The Nigeria Council was created by L. Lugard.

The Various Constitutions (Pre and Post-Independence)

1. 1922 – the Hugh Clifford Constitution
2. 1946 – Sir Arthur Richards Constitution
3. 1951 – Sir John Macphersons Constitution
4. 1954 – Sir Oliver Lyttleton Constitution
5. 1960 – The Independence Constitution
6. 1963 – The Republican Constitution
7. 1979 – The 2^nd Republican Constitution
8. 1989 – The 3^rd Republican Constitution
9. 1999 – Nigerian Constitution

THE NIGERIAN COUNCIL

The creation of the council by L. Lugard laid the foundation for constitutional Developments in Nig. It comprises of 36 members ie 6 Nigerians, 30 British.

It was purely advisory body established. to assist and advise the Gov. it has neither legislative power nor that of finance rather it was a medium for public opinion.

SIGNIFICANCE OF THE NIGERIAN COUNCIL

1. It was the 1^st body set to discuss the Nigeria affairs.
2. It created avenue for some Nigerias to air their views on administrative issues

LIMITATIONS OF NIG. COUNCIL

1. The council was dominated by the British personal and its appointed officials
2. The council was purely advisory body
3. The council was not democratic in nature
4. Nigeria educated elites were not included in the council

HUGH CLIFFORD’S CONSTITUTION

The petition sent by N.C.B.W.A to Sec. of State for the Colonies in London in 1980 led to 1922 Clifford’s constitution

Feature

1. The Nigeria  Council of 1914 was abolished
2. The introduction of elective principle for the 1^st time in Nigeria
3. The introduction of the legislative council 46 members 27 British members (official) 19 non official members appointed by the government
4. 3seats were allocated to Lagos and one to Calabar
5. The division of the country into the colony and southern provinces and the Northern provinces
6. Establishment of executive council that perform advisory role
7. It cleared found for the formation of political parties and political activities in Nigeria eg the Nigeria National Democratic Party (NNDP) of 1923 by H. Macaulay.
8. It was the 1^st written constitution in Nigeria

Merits of the Constitution

1. It introduced elective principle in Nigeria
2. It encouraged the formation of political parties
3. It gave more representation to Nigerians than the Nigerian Council
4. It offered wider opportunity for Nigerians to participate in politics
5. It led to the formation of Newspaper houses such as Lagos Daily 1925

Demerits of The Constitution

1. The constitution isolated the Northern province of Nigeria
2. The legislative council was dominated by Europeans.
3. The Nigerians were official members of the legislative council nominated by Govs.
4. The constitution vested too much power on the governor.
5. The constitution did not extend elective principles to the executive council
6. The polarization of Nig into North and South was very clear

SIR ARTHUR RICHARDS CONSTITUTION 1946

Features

1. The division of the country unit 3 regions – North, East and West
2. Creation of legislative and Executive councils for the whole Nig Legislative council 44 members ie (a) 28 majority non-official (b) 16 minority official. Executive council dominated by British’s official
3. It provided for regional assemblies. The constitution provided for bicameralism in the North House of Chief and House of Assembly. In the East we had only Houses of Assembly with only one chamber.
4. The regional legislative never made law
5. The government still had veto powers over bills
6. It retained the restricted elective principle

Merits

1. It divided the country into 3 and laid the foundation for federalism in Nig
2. It recognized the importance of Chiefs when it provided for the council of Chiefs in the Northern and Western regions
3. All parts of Nig became represented in the central legislature and sections of Nigerian came under the same Laws.
4. It promoted nationalist activities
5. Encourage the membership of Nigeria into the executive council for the first time
6. The constitution integrated the North with the South.

Demerits

1. The elective principle was still restricted and limited to only rich Nigerians
2. The regional assemblies created were only consultation bodies and not proper legislative houses because. They made no laws for the country.
3. It provided for 3 unequal regions and so laid the foundation for tribal and ethnic politics in Nig. which later eventually led to civil war of 1967-1970.
4. The constitutions made no attempt to change the European dominated Executive council.
5. The constitution did not provide for Nigerians to take part in the Management of the affairs of Nigeria.

SIR JOHN MACPHERSON CONST OF 1951

Features

1. Central legislative Council: The council was renamed the House of Representative and is made up of 136 members ie 68 members from the North 34 members from the West 34 members from the east
2. Central Executive council: the council was known as Council of Ministers consisting of the Governor, 6 official members and 12 ministers from each of the 3 regions
3. Regional legislative council: As usual 2 chambers House of Chief and House of assembly, for Northern and Western Regional and only House of assembly for the Eastern Region.
4. Regional Executive council: It was made up of the lieutenant – Governor, 5official members and 9 ministers ie 3 ministers from each region. 

Merits of the Constitution

1. It provided for greater participation of Nigeria in their own affairs by introducing varying levels of policy formation councils.
2. It created bicameral legislature in the Northern and West region
3. It granted more powers to the region
4. It laid the framework for true federalism by regions and central govt.
5. It introduced a new central law making body called House of Representatives
6. Revenue was allocated to the regions and the regions had full control of their expenditure
7. Each of the 3 regions were provided with regional legislature and executive
8. Each regional legislature was given the powers to legislate on certain matters

Demerits

1. The veto power of the governor still remained
2. It failed to provide responsible govt. at the centre
3. The constitution encouraged regional politics
4. The Regional House of Assemblies and Regional Executive Councils had no power to pass bills or to formulate policy without the consent of the Government at the centre
5. The Kano Riot of 1953 dealt a blow on the constitution.
6. The self-government motion for 1956 by Chief Anthony Enahoro and its defeat in the House of Rep. increased tension between the North and South.
7. The Nigerians made minister had no specific portfolio.

1953 LONDON CONSTITUTION CONFERENCE

Due to inherent problem witnessed in almost all British Colonies in W/A, const conference was held in London which resolved as follows

1. The government of Nigeria was designated Gov. – general while the Regional Lieutenant governors would be called Governors
2. The British Government would by 1956 grant self government to any region which wanted it.
3. Lagos was detached from western Nigeria and neutralized as the federal capital of Nigeria
4. A federal system of govt. was established with residual powers vested in the regions.
5. Legislative powers were shared between the central govt. assemble and the Regional assembly
6. Regional legislative ceased to act as the electoral college for the central legislative.

SIR OLIVER LYTTLETON CONSTITUTION OF 1954

The constitution came into force as a result of London Constitution Conference of 1953

Features

1. The central and regional ministers were directly elected at different times
2. There was provision for the office of the Premier at Regional level
3. The governor and governor –general were eliminated from the legislature
4. There was no provision for the office of prime Minister
5. The judiciary was regionalized
6. There was unicameral legislature at the centre
7. The ministers now had executive powers.
8. Public service common was regionalized
9. The members of House of Representative were directly elected federal House of rep: 184 in no 92 from North 6 from Southern Cameroun 42 from East, 42 from West, 2 from Lagos (Fed. Territory)

Federal council of ministers: they are the policy making body for the whole federation which comprised of:

1. The Goverment General as the president
2. 3 official members
3. 3 ministers each from North, West and East
4. 1 minister from southern Cameroun. 

3. The Regional Executive Council
4. The Regional Legislature

Merits of Littleton constitution

1. Federalism came into actual existence and practice in Nig
2. The period of direct election by the Nigeria electorate was introduced into the Nigerian politics.
3. It specifies division of powers between the Central and Regional government
4. Creation of office of premier and ministers at each region with Nigerians as leaders
5. Elected Nigerian Ministers became H.O.Ds with port –folios
6. Regional autonomy was granted all regions
7. Lagos was made full-fledged capital territory
8. It establishes the office of Speaker and Deputy Speaker.
9. Real law making powers were granted to the regional assemblies.
10.  It ushered in the 1^st general election in Nigerian in 1954

Demerits of constitution

1.  No office of prime minster was provided at the centre to correspond with the establishment of that of premier in the region.
2. The constitution vested reserved and veto powers on the governor – general
3. It provided for a bicameral legislature in the regions without a compliment at the centre. Only House of Representative was created.
4. It retained the unequal sizes of the regions
5. It failed to create a uniform electoral system in the country. The political parties in powers at the regional manipulated the regional electoral system.
6. The constitution promoted politics of regionalism in the country.
7. It did not solve the issue of revenue allocation and the minority problem.

1957/1958 LONDON CONSTITUTION CONFERENCE

AIMS / OBJECTIVES

1. To grant more political Responsibilities and powers to Nigerians
2. To discuss the issue of self government to the regions
3.  To expand the membership of the House of Representatives.
4. To allay the fears of minority groups
5. To review the ever occurring fiscal problem
6. The issue of granting independence to Nigeria to be discussed.

DECISIONS OF THE CONFERENCE

1. Establishment of a central legislature with 320 members
2. The post of prime minister of the federation was created
3. A premier was appointed for Southern Cameroun
4. 1960 was fixed as the year for Nigerian independence
5. The fate of Northern and Southern Cameroun was to be decided by plebiscite ie vote on whether the people wanted to remain in Nigerian or join Cameroun
6. Comprehensive list of F.H.R. was entrenched in the constitution
7. Establishment of bicameral legislature at the centre.
8. The police should remain in an exclusive list
9. Setting up of commission of enquire headed by Sir Henry Willick to ascertain the fears of the minorities
10. Setting up of Revenues Allocation Commission.

EVALUATION

1. List with dates the various per-independence constitution of Nigeria
2. Which constitution introduced elective principle in Nigeria?
3. What are the criticism of Richard’s constitution?
4. Which constitution brought North –south dichotomy?