CONSTITUTIONAL DEVELOPMENT
Constitution
is defined as a body of principle rules and regulations by which a state is
governed. The rights and duties of citizens are enshrined in the constitution.
No country in the world can function
without constitution. A constitution can be written or unwritten, rigid or
flexible, unitary or federal.
In Nigeria, our constitutional
developments are in two phases. The first phase was the period of colonial rule
(British rule) and the second phase was when Nigerians gained independence
(post independence era).
COLONIAL NIGERIAL CONSTITUTION
Nigeria
falls under British rule in 1861 with the British occupation of Lagos. Lagos
was made a crown colony. It was regarded as British territory and was directly
controlled from Britain. The Nigerian Coast Protectorate was formed in 1893 and
this marked the formation of real government by the British.
The Royal Nigerian Company was given
a chatter to trade and administer this area. The chatter was withdrawn in 1900.
Lagos colony was added to the Niger Coast Protectorate. In 1914, the Northern
and Southern protectorate were joined together and the name Nigeria was given
and Lord Lugard became the first Governor General. Nigeria gained independence
from the British government on October 1st 1960 and became a
republic in 1963.
THE NIGERIAN COUNCIL
The council was made up of thirty six
(36) members, made up of twenty three official members who were European and
thirteen non-official members, seven of them were illiterate chiefs. The
Nigerian council was the first body established to discuss the affairs of
Nigerian and Nigerians could freely express their views on matters of interest
they could not achieve much because it was dominated by British people.
CLIFFORD CONSTITUTION OF 1922
This constitution which was named
after the governor of Nigeria at the time called Sir Hugh Clifford who
succeeded Lord Lugard, was adopted in 1922.
Features of Clifford constitution
1) There was an executive council for the
whole country.
2) There
was a legislative council composed of forty six members, with twenty seven of
them (including the governor) being British and regarded as official members2) There was a legislative council composed of
forty six members, with twenty seven of them (including the governor) being
British and regarded as official members nineteen others non-official, out of
whom were ten Nigerians including three elected to represent Lagos and one to
represent Calabar. Fifteen of these non-officials were Nigerians and
non-Nigerians nominated by the governor represent various commercial and mining
interest.
3) Only
male adults who earned up to £100 per annum and had resided in he area for at
least a year could vote during election.
It is to date, that Clifford
constitution is the longest lasting constitution in Nigeria.
RICHARD’S CONSTITUTION
The Richards constitution of 1946
cam into existence as a result of the defects in the Clifford constitution of
1922, which was greatly criticized by the nationalist. 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. He left Nigeria in 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.
Features
1) It created a central legislative council
for the while of Nigeria.
2) Nigeria
was divided into 3 regions namely the northern region, the eastern region, and
the western region.
3) The
constitution provided for a bicameral legislature of two chambers of house of
chief.
4) Two
Nigerians, instead of only one appointed in 1943, became members of the
executive council.
MCPHERSON CONSTITUTION OF 1951
John MacPherson succeeded Arthur
Richard in 1948 as governor of Nigeria. Consultations were made at various
level and the draft of the new constitution was approved by regional assemblies
and central legislative council before final submission to the governor. The
new constitution came into effect in 1951.
Features
1) There
was a central legislature made up of 148 members to be called the House of
Representatives.
2) Voting
rights were extended to the regions for election of members of the regional
assemblies.
3) The
constitution introduced the federal system of government in Nigeria
LYTTLETON
CONSTITUTION
The Lyttleton constitution emerged
from the decisions taken at the 1953 London and 1954 Lagos constitutional
conferences. Theses decisions made up most of the new constitution which came
into effect in October 1954.
Features
1) Nigeria
formally became a federation with the federal government and three regional
governments
2) Each
governmental whether federal or regional was granted specific powers.
3) The constitution created posts of
permanent secretaries’
4) The constitution also made provisions for the
office of the speaker and deputy speaker.
1957 & 1958 CONSTITUTIONAL CONFERENCES
A constitutional conference was scheduled
in 1956 to review the success of the lyttleton constitution. The conference took place in London between May
23 and June 26, 1957 and came out with the following resolutions.
-
The western and eastern regions were granted self government status in 1957,
while that of the northern regions was shifted to march 1959.
- The house of chiefs was also recommended for
the eastern region as it existed on the west and north.
- A second chamber called the senate was
recommended for the federal legislature.
INDEPENDENCE CONSTITUTION
Nigeria became independent and a sovereign
nation on October 1, 1960.
The independence constitution of 1960,
though still a colonial constitution put Nigerians in charge of their own
government
Feature of the independence constitution of
1960
1. The constitution introduced a
parliamentary system of government
2. It established two legislative houses
at 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. It
included fundamental human right in lime with decisions at the 1958
constitution conference.
6. The
1960 independence constitution made Nigeria an independent state
8. Her majesty,
the Queen of England remained the Head of state but was represented by Nigerian
Governor General while the prime minister was head of government.
The Republican Constitution of 1963
on 19 September 1963, the Republican constitution was passed into law by the
federal parliament and became operational on 1october 1st, 196, the
government in Nigeria was a constitution monarchy (government under a king or
queen according to constitution and not tradition). The Queen of England was the recognized Head
of state of Nigeria.
- The supreme
court of Nigeria assumed position as the final court of appeal rather than the Privy
Council in Britain
- The
issue of fundamental human rights was included in the constitution.
- The
office of governor a new office titled president was created. The president was the head of state and the
commander in chief of the armed forces
- The constitution wiped out all traces
of colonialism.
- The constitution provided for
universal suffrage.
- It
provided for police service commission 1979 presidential constitution of the
second Republic of Nigeria.
After the military took over
governance in 1966 and the 1963 Republic.
Constitution was set aside there were many steps taken towards the
drafting of a new constitution for Nigeria.
It was the Murtala- Obasango regime which came in 1975 that established
a 49 members constitution drafting committee chaired by F. R. A. Williams.
It was completed by 1976 and approved by Obasanjo regime. It was adopted
as the constitution of the second republic on the 1st of October
1979, the same day the military handed overpower to the civilians.
Features.
1) The introduction of an executive
president who would be the head of state and commander-in-chief of the armed
forces.
2) The president is to be directly elected
in general election.
3) The tenure of the president, governors
and legislators was four years.
4) It declared military coup
unconstitutional.
5) The
president and the governors with their running mates cold be removed from
office by impeachment.
1989 REPUBLICAN CONSTITUTION
After General Muhammed Buhari
Government was overthrown by Babangida in 1985 and in 1987, the 1979
constitution was reviewed and was approved by the Armed Forces Ruling Council
in 1989. The 1989 constitution adopted the 1979 constitution with some
amendment.
Main
features of 1989 presidential 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 federal capital territory, Abuja
will not be regarded as a state.
4) It
defined the three forms of Nigeria citizenship via citizenship by birth,
citizenship by registration and by naturalization.
5) The
people could withdraw any legislator who no longer enjoyed the confidence of
the electorate.
1999 PRESIDENTIAL CONSTITUTION
USHERED
IN THE 4TH REPUBLIC
Main features of 1999 constitution
1) The presidential system of government
was retained as in the 1979 constitution.
2) The constitution makes provisions for an
independent judiciary.
3) A Multi-party system was reintroduced in
the constitution.
4) The
right to vote (franchise) was limited to those who were up to the age 18yers
and above.
Features of post independence
constitution in Nigeria.
Independent Nigeria has so far
experimented with five constitution, the 1960, 1963, 1979, and 1999
constitutions. The 1999 constitution has given birth to the fourth republic the
first to of these constitutions were drawing up during civilian regimes while the
last three were made or promulgated during military regime.
- All the constitutions retained the
federal system of government
- All
post independence constitutions entrenched the presidential system of
government except the republican constitution of 1963 that allowed
parliamentary system.
- The
post independence constitution is indigenous. They were all written by
Nigerians, in Nigeria and for Nigeria people.
- All the constitutions are written
constitutions
- The fundamental human rights are
entrenched in all the constitution
Supremacy of the constitution
The constitution is said to be
supreme in other words it is above all individual and government it is the
source and final authority in a country.
In Nigeria, the constitution is the
highest authority that determines the constitution also means that the
provisions apply to all states and all individuals. The federal states and
local government abide by the provisions of the constitution and are subject to
it. No Citizen of Nigeria. Is above the constitution no matter his ethnic,
origin, religion, status, age or connections.
Everybody is equal and subject to
the constitution. No one is superior to others before the law of the land.
- No citizen is exempted from its
application.
Supremacy of the constitution
Why
the constitution is supreme
1) The
supremacy of the constitution assures citizens of a country of their
fundamental human rights
2) Constitution prevents oppression and
dictatorship.
3) It is a
symbol of unity. The supremacy of the constitution is binding force on all
persons in the country.
4) It will
also serve as a symbol of our nation hood. Our constitution is a mark of
identification as a sovereign nation.