Constitutional Development in Nigeria: History & Prospects

Nigeria’s constitutional journey has many twists and turns. Stick with me as we walk through Nigeria’s constitutional ups and downs over the years. You will learn about Nigeria’s constitutional development, its history, and future prospects. We will go through the Constitution’s evolution from colonial rule to independence to its many reincarnations. We’ll navigate the twists and turns of power struggles, coups, civil war, and democratic reforms.

You’ll learn how Nigeria built democratic foundations while also dealing with ethnic tensions and conflict over resources. The latest 1999 constitution aims to create unity, but Nigeria still struggles to find political stability. We’ll cover key events and players, gains and setbacks. Hopefully, you’ll gain insight into how the Constitution impacts politics and life in Africa’s most populous country.

What is Constitutional Development?

Constitutional development refers to the process of drafting, revising, and amending a country’s Constitution over time, and it involves several key aspects.

The Constitution sets out the fundamental laws and governing principles of a nation. It defines the powers and responsibilities of the government and the rights and freedoms of citizens. Constitutional development tracks how a constitution evolves to reflect changing values, priorities, and circumstances in a society. It can involve drafting an entirely new constitution or introducing amendments to update an existing one.

Key drivers of constitutional change may include:

• Gaining independence and transitioning from colonial rule
• Shift from authoritarian to democratic forms of government
• Expansion of civil rights and liberties
• Decentralization of political power
• Responding to crisis and instability

Nigeria has undergone significant constitutional evolution since independence in 1960.

Some major milestones include:

• Independence Constitution of 1960
• Republican Constitution of 1963
• 1979 Constitution
• 1989 Constitution
• 1999 Constitution

The 1999 Constitution remains in force today. However, there are ongoing debates about further amendments needed to strengthen democracy and stability. Areas of focus include devolution of powers, resource control, electoral reform, and enshrining socio-economic rights.

So, in summary, constitutional development refers to the continuing process of shaping, adapting, and reforming a nation’s foundational legal framework to keep pace with evolving national objectives, values, and needs. It’s an important barometer of political progress in Nigeria’s history.

Constitutional Development in Nigeria

The journey to an accepted constitution in Nigeria has been long and winding. When the British colonized the area in the 1900s, they set up a structure of governance without much input from native groups. In 1914, Britain merged the Southern and Northern protectorates into the Colony and Protectorate of Nigeria, with Frederick Lugard as its first Governor-General. No input from native groups.

During British rule, several constitutions were enacted that laid the framework for Nigeria’s constitutional development. These included the 1922 Clifford Constitution, the 1946 Richards Constitution, and the 1951 Macpherson Constitution. The constitutions established a structure of regional assemblies and a central legislature. However, they were limited in extending democracy since the governors retained control.

The Clifford Constitution of 1922

The Clifford Constitution of 1922 was an important milestone in Nigeria’s constitutional development under colonial rule. It was the first Nigerian Constitution and was named after Sir Hugh Clifford, then Governor General of Nigeria.

Key Features of the Clifford Constitution of 1922

• It introduced the first legislative Council in Nigeria, known as the Nigerian Legislative Council.
• The legislative councils gave limited representation to Nigerians.
• The Governor still maintained control and power to legislate.
• The Executive Council was an all European Council. No Nigerian was a member.
• The North was governed by a proclamation from the Governor.
• For the first time, elections were to be conducted in the Legislative Council.
• The councils served in an advisory capacity only.
• The Constitution introduced electoral reforms that set up a voting system based on regional and ethnic lines.
• Lagos and Calabar were allowed to elect their own representatives. There were political activities and the formation of political parties, especially in Lagos and Calabar, e.g., Herbert Macaulay NNDP.
• This was the first inclusion of native Africans in the political system.
• It divided Southern Nigeria into the Eastern and Western Provinces for administrative purposes.
• The Legislative Council Membership was 46; 27 were officials, and 19 were unofficial members. Only 10 out of the 19 were Nigerians. Out of the 10, 4 were elected, 3 from Lagos, 1 from Calabar. The remaining 6 were appointed by the Governor to represent other parts of the country. The Northern Protectorate was not part of this Council.
• This was one of the first steps toward regionalism in governance.

Overall, while still limited, the Clifford Constitution represented an important early step in allowing marginal native participation and introducing ideas of regional representation. The concepts first modeled under the Clifford Constitution set an important precedent for defining Nigeria’s constitutional evolution.

The Richards Constitution of 1946

The Richards Constitution of 1946 was named after the then Governor of Nigeria, Sir Arthur Richards. This Constitution laid the groundwork for Nigeria’s parliamentary system of government. Sir Bourdillon served as Governor of Nigeria during World War II (1939–44). When he retired in 1944, he had nearly completed the Constitution, which included a proposal for regionalism. His successor, Sir Arthur Richard, drafted his Constitution based on his recommendations. On March 6, 1946, he presented it to Nigeria’s legislative Council; it was adopted as a constitution on August 2, 1946, and went into effect on January 1, 1947. The new Constitution was designed to strengthen Nigeria’s unity and encourage greater participation of Nigerians in their own affairs.

Key Features of the Richards Constitution of 1946

• It established a new Legislative Council that included more Nigerian representatives. However, the Council still contained a majority of British officials who were unelected. The central executive Council had Richard as its president and was dominated by Europeans.
• The Constitution divided Nigeria into three regions: Northern, Western, and Eastern. Each region had its own House of Assembly with limited legislative powers.
• Though more Nigerians could now participate in the political process, Richards retained significant control and power over the British colonial government. The Governor had the authority to veto legislation passed by the new Legislative Council.
• Regional Houses of Assembly could legislate on certain matters like health, education, local government, and agriculture. However, they had no power over major areas like mining, police, or taxation. The Central Legislative Council reserved control of these.
• The government was the president and was based in Lagos.
• The qualification to vote was restricted to male adults who resided in the area for 12 months with a gross income of E50 per annum.
• Assembly members were to be elected by the native authorities, while the regional assembly members were to elect members of the Central Legislative Council through electoral colleges.
• The Constitution retained the elective principle with a limited franchise of 3 representatives from Lagos and 1 from Calabar.
• It brought the North and South together under one legislature.
• Members of the Central Legislative Council were also members of the Regional Council.

The Richards Constitution promoted the idea of regionalism in Nigeria. Over time, regional tensions and differences would increase. Critics argue the Constitution laid the seeds for future ethnic conflict by hardening regional identities.

So, in summary, the 1946 Richards Constitution took small steps to increase Nigerian participation while still retaining substantive control under the British colonial government. It also promoted regional divisions that would have lasting impacts. While an incremental reform, the Constitution failed to satisfy Nigerian demands for greater self-government.

The Macpherson Constitution of 1951

The Macpherson Constitution, introduced in 1951, marked an important step in Nigeria’s constitutional development. This Constitution, named after Sir John Macpherson, the then Governor-General, was intended to:

• Provide greater regional autonomy within Nigeria.
• Implement a more democratic system of government.
• Prepare Nigeria for independence.

The weakening of Richard’s Constitution and imperial powers as a result of anti-colonial movements, as well as the demystification of white superiority, led to the adoption of a new Constitution. In 1948, Sir John Macpherson became Nigeria’s Governor. He reviewed the 1946 Constitution in order to avoid the mistakes of Richard’s Constitution. Constitutional conferences held around the country resulted in the adoption of Macpherson’s Constitution in 1951.

Key Features of the Macpherson Constitution of 1951

Some key features of the Macpherson Constitution included:

• The three provinces were renamed Northern, Western, and Eastern regions. This further established the federal system of government.
• Each region had its own legislature and executive Council, which allowed them to manage many of their own affairs.
• The colony of Lagos was part of the Western region.
• The Northern and Western regions each had a bi-cameral House of Assembly and Chiefs. The Eastern region had only the power to make laws on certain issues like local matters, native courts, health, etc.
• The central legislative Council was renamed the House of Representatives.
• The three chief commissioners for each province were renamed Lieutenant governors.
• There was a bicameral federal legislature made up of the House of Representatives and the House of Chiefs. Only a part of the House of Representatives was elected through popular vote.
• The role of regional legislatures was expanded compared to the previous Constitution. They could now legislate on issues like agriculture, healthcare, and education.
• The Central Executive Council was known as the Council of Ministers. The Governor was the president, and there were 6 official members and 12 ministers, of which 4 represented each region.
• The Constitution also set up a Public Service Commission to help with recruiting public servants.

The 1951 Constitution marked a pivotal step for Nigeria because regional legislatures were granted more substantial powers. This helped to relieve tensions between ethnic groups. However, in many ways, the Constitution still fell short of what many Nigerians wanted. Large parts of the central government, as well as regional governments, remained unelected. The drive towards full democratic rule and independence continued over the next decade.

The Lyttleton Constitution of 1954

The resulting flaws in MacPherson’s Constitution prompted two constitutional conferences in 1953 and 1954, one in London and the other in Lagos. Far-reaching agreements were reached on the structure of the Nigerian Federation and the status of Lagos as a Natural Federal Unit.

The Lyttleton Constitution was introduced in 1954 by the then-British Secretary of State for the Colonies, Oliver Lyttleton. It marked a significant milestone in Nigeria’s constitutional development and firmly established the federal principle. This paved the way for Nigeria’s independence from Great Britain.

Key Features of the Lyttleton Constitution of 1954

• It was the first federal Constitution adopted by Nigeria.
• Revision of revenue sharing formula.
• The Constitution introduced a semi-federal system of government, with a central government and three regional governments – Eastern, Western, and Northern.
• Regionalization of the public service, marketing boards, and the judiciary.
• Establishment of the office of the regional premier.
• The lieutenant governors of the various regions became known as Governors.
• The Governor was known as the Governor-General of the Federation of Nigeria.
• Power was shared between the federal and regional governments. The regions had considerable autonomy to manage their own affairs in certain areas like education, local government, and agriculture.
• Establishment of the office of the speakers and Deputy Speaker of the regional legislatures except the North.
• For the first time, Nigerians were allowed to elect a substantial number of their representatives to the national legislature. This expanded political participation and representation.
• Regional legislatures were given law-making powers.
• Reduction in numbers of both officials and appointed members in both central and regional legislatures and the Executive Council.
• No provision was made for the office of the prime minister.
• Southern Cameroon granted both administrative and legislative provisions.

The Lyttleton Constitution marked the beginning of regionalism in Nigeria, with greater autonomy granted to the regions. While the political structure introduced complexities of regional interests, the Constitution did expand representative governance and political participation in Nigeria. It laid the foundation for independence that would come a few years later, in 1960.

1960 Independence Constitution

The 1960 independence constitution marked Nigeria’s transition from a British colony to an independent nation.

Key Features of the 1960 independence constitution

• The Constitution retained the federal structure initially adopted by Lyttleton’s Constitution of 1954.
• The Constitution established Nigeria as a federation with three regions: the Northern Region, the Western Region, and the Eastern Region.
• The regions had a high degree of autonomy and authority over internal affairs.
• Dual government powers existed in federal and regional governments.
• There was a bicameral legislature for the federal and regional House of Assemblies.
• There was a central federal government responsible for national matters like defense, foreign policy, and the economy.
• The Constitution introduced a parliamentary system of government with a prime minister and ceremonial governor-general representing the British monarch.
• Executive power was granted to the prime minister and premiers. Each region had its own premier and assembly.
• Citizens elected representatives to the federal House of Representatives and regional assemblies by universal adult suffrage.
• The Senate was given power over money and other bills.
• Fundamental human rights were enshrined in the Constitution, though regional governments could restrict rights to preserve “public order and good government.”
• The process for appointing Supreme Court and high court judges through the advice of the Judicial Service Commission.
• Provisions for Nigerian citizenship were copiously detailed in the Constitution.
• Federal legislatures had the power to make laws during a period of emergency.
• It adopted the right approach to constitutional amendments.
• The Constitution did not resolve key issues that contributed to regional tensions:
• Debate over creating more states to give minority groups greater self-governance
• Disagreements over revenue allocation between the regions
• Questions about citizenship and voting rights qualifications

The 1960 constitution laid the groundwork for an independent Nigeria. However, unresolved regional disagreements over power sharing and resources remained. Military coups and civil war followed within years, showing the fragility of the young nation at birth. Later, constitutions attempted to address these foundational cracks.

The First Republican Constitution of 1963

The 1963 Republican constitution marked an important milestone in Nigeria’s constitutional development. This new Constitution:

• Established Nigeria as a Federal Republic
• Provided for an elected Prime Minister at the national level
• Created a bicameral legislature consisting of the House of Representatives and the Senate
• Granted more autonomy to the Regions

Key Features of the 1963 Republican Constitution

Here are some key details about the 1963 Republican constitution:

• It was drafted after Nigeria became a republic in 1963, when it ceased to be a British colony.
• The Queen of England was no longer head of state.
• The Queen of England was replaced with the president, who became Head of State and Commander–in–Chief of the Armed Forces.
• The president to be was elected by secret ballot of the joint session of the two houses of the Federal Assembly.
• It abolished the Judicial Service Commission and made the prime minister the sole appointee of judges.
• Federal government assumed some emergency powers over the legislative arm.
• The Prime Minister’s office strengthened with the departure of the Governor General.
• The Prime Minister, Sir Abubakar Tafawa Balewa, occupied a more powerful role than the ceremonial President.
• There were four Regions at this time – Northern, Western, Mid-Western and Eastern.
• The office of the Governors at the regional level ceases, while the premiers assume total executive government powers.
• Regions controlled sectors like education, infrastructure, and agriculture.
• The Federal Government handled national matters like defense, foreign policy, customs, and trade.
• Membership of the House of Senate Senate and Representatives was increased from 44 to 56 and 305 to 312, respectively.
• The Supreme Court replaced the Privy Council as the highest court of appeal in Nigeria.
• It strengthened the Fundamental Human Rights.
• The director of public prosecution was brought under political control.
• The Supreme Court was given the power of judicial review.
• The process for the creation of states and boundary adjustment was embodied in the 1963 Republican Constitution.
• There was tension between calls for greater regional autonomy and the need for an effective central government.

This Constitution only lasted until 1966, when the military took over in a coup d’état. However, it played an important part in Nigeria’s complex constitutional evolution. It attempted to balance unity with regional autonomy, a challenge that continues to this day.

The 1963 constitution had its flaws, but it was an ambitious attempt to empower the Regions while maintaining national unity. Assessing Nigeria’s constitutional journey helps inform what is needed to consolidate democracy. Ongoing dialogues strive for equitable power sharing and governance that promotes peace and development.

The Second Republican Constitution Of 1979

The 1979 Second Republic constitution was pivotal in Nigeria’s constitutional development journey. General Murtala Mohammed came to power in 1975, promising to return the country to civil governance following years of military dictatorship beginning on January 15, 1966. However, General Mohammed died before he could fulfill his vow. His deputy, Lieutenant General Olusegun Obasanjo, made the promise a reality. This began in 1975 with the formation of the Constitution Drafting Committee, which comprised of 49 members.

Key Features of The Second Republican Constitution Of 1979

• After 13 years of military rule, the 1979 constitution ushered in Nigeria’s Second Republic and a return to civilian, democratic governance.
• It established a United States-style presidential system with three separate arms of government – executive, legislative, and judiciary.
• It created a Federal structure dividing powers between Federal and State governments.
• It mandated regular general elections beginning in 1979 for national and state legislatures and executives.
• It abolished the parliamentary system used in the First Republic and replaced it with a presidential system.
• The President replaced the Prime Minister as both Head of State and Head of Government.
• The president was also made the Commander in Chief of the Armed Forces.
• It introduced the office of the Vice President.
• It set up a bicameral National Assembly with a Senate and House of Representatives.
• The president and the vice can be removed from office by impeachment.
• The president and the governors were to hold office for four years of not more than two terms if re-laced.
• There was the principle of separation of powers among the three organs of government.
• The judiciary was empowered by the Constitution to interpret the law.

Some drawbacks:

• Critics argued too much power was concentrated in the central government
• Many saw it as nominally civilian but still catering to military interests
• It led to widespread corruption and mismanagement in the Second Republic

While short-lived, the 1979 constitution represented an important milestone in Nigeria’s journey towards more inclusive and participatory governance. Its successes and failures shaped debates leading up to future constitutions.

The 1989 Third Republic Constitution

The 1989 constitution marked an important milestone in Nigeria’s constitutional development. Here are some key details:

Background

• It was drafted under the leadership of General Ibrahim Babangida after the country had transitioned back to civilian rule.
• It established the Third Republic in Nigeria after many years of military rule.

Key Features of The Third Republican Constitution Of 1989

• The presidential system of government was retained as contained in the 1979 constitution.
• Provided for a bicameral legislature consisting of the Senate and House of Representatives.
• The judiciary was granted independence, and judicial appointments and procedures were set out under the ConstitutionConstitution.
• Provided for a multi-party system after many years of single-party or military rule.
• The democratization and autonomy of the local government system were given greater attention.
• A minimum of a school certificate is required for anyone aspiring to the offices of President, Senate, House of Representatives, Governor, and State Legislature.
• The minimum ages for the Presidency, Senate, Governorship, House of Representatives, and State Legislature are 35, 30, and 25, respectively.
• Abuja, the FCT would not be counted as a state.

Criticisms:

• It concentrated much power with the executive branch and presidency, which had the potential for abuse.
• The electoral commission was not as independent as some hoped. There were allegations of election manipulation in this period.
• It did not last long enough to fully take root. The 1993 elections were annulled, leading to instability and another round of military coups.

So, in summary, the 1989 constitution tried to put in place democratic structures and checks and balances but ultimately struggled because of ongoing power struggles. However, it was an important milestone in Nigeria’s journey towards stable democracy.

The Constitution of the Federal Republic of Nigeria 1999

The 1999 Constitution was drafted after 16 years of military rule in Nigeria. This Constitution reintroduced democracy and laid the framework for a multi-party system with key features:

Key Features of the 1999 Constitution

• Retained the executive type of president.
• Retained the principles of separation of powers.
• Outlined the establishment of Federal and State courts, including the Supreme Court.
• Described judicial powers and administration of the justice system.
• Defined a Federal system of government with the distribution of powers between the central government and 36 States.
• States are given control over local issues, while the Federal government handles national matters.
• Provided for 768 local government councils in Nigeria and six area councils for Abuja (FCT).
• Provided an expansive Bill of Rights to protect civil liberties and human rights of citizens.
• Prohibited discrimination based on gender, religion, ethnic affiliation, etc.
• Local government executive to be democratically elected.

The 1999 Constitution brought back civilian rule and was an important milestone in Nigeria’s journey towards democracy and good governance. However, some provisions have faced criticism over the years. Further constitutional developments may be needed to strengthen Nigeria’s democracy.

Challenges to Constitutionalism in Post-Independence Nigeria

Nigeria’s constitutional development has faced several key challenges since independence:

Military coups and authoritarian rule

There have been multiple military coups and long periods of undemocratic military dictatorships. This disrupted constitutionalism and the rule of law.

Political instability and conflicts

Political instability, unrest, and conflicts like the Biafran civil war have made it difficult to uphold constitutional practices and ideals. This hindered constitutional development.

Corruption

Widespread corruption, especially during the oil boom years, enabled leaders to undermine constitutional limits on power and enrich themselves instead of strengthening democratic institutions.

Interference with judiciary

At times, leaders have sought to control or undermine the independence of the judiciary, weakening its ability to enforce constitutional boundaries. This damages constitutionalism.

Weak institutions

Key institutions like the legislature and electoral bodies have sometimes lacked the capacity, resources, or independence needed to fulfill their constitutional duties effectively.

Over-centralization of power

There has been a trend toward over-centralization of power in the presidency, enabling constitutional overreach and abuse of powers meant to be checked by other branches of government. Decentralization could strengthen constitutionalism.

Poverty, inequality and human rights

Mass poverty, inequality, lack of development, and human rights abuses have hindered meaningful constitutional rule for many citizens. Upholding rights and improving peoples’ welfare is essential.

Addressing these interlinked challenges continues to be vital for furthering constitutionalism, democracy, and the rule of law in Nigeria’s future. Strong institutions, rights protections, accountability, and public participation are especially important.

Prospects for Further Constitutional Reform

Further reforms to the Nigerian Constitution have been an ongoing discussion. Here are some of the key areas where changes have been proposed:

Decentralization of Power

There have been calls to give more autonomy to states and local governments when it comes to certain policy areas. This could allow more tailored governance based on regional needs. It may also reduce tensions between groups and prevent centralized corruption.

Resource Control

Some argue that states should have more control over natural resources found within their territories. This continues to be a contentious topic, with negotiations needed to find an equitable distribution.

Electoral Reform

Changes to the electoral system and process could improve transparency, reduce fraud, and increase voters’ trust. Open primaries, electronic voting, and independent electoral commissions have all been suggested.

Creation of New States

Numerous groups have requested the formation of new states for better political representation and access to resources. There are complex balancing acts needed here.

Constitutional Role for Traditional Rulers

Whether to formally integrate traditional rulers into the governance system continues to foster debate. Their influence is still strong in many regions.

Gender equality

There are petitions to strengthen female political participation and protection of women’s rights. Quotas and policy changes may assist.

Further constitutional talks need to carefully weigh different perspectives. Compromises acceptable to all Nigerians are essential for reforms to be successful. With good faith negotiations, progress can pave the way for an even more robust democracy.

Frequently Asked Questions

Curious about constitutional development in Nigeria? You’re not alone! Here are some frequently asked questions about this important topic:

Who wrote the first Constitution in Nigeria?

Sir Frederick Lugard established the Nigerian Council that laid the foundation for constitutional development in Nigeria. The first Constitution in Nigeria was written by Sir Hugh Clifford. This Constitution, known as the Clifford Constitution, was introduced in 1922 and marked the beginning of formal constitutional development in Nigeria.

What year is the current Nigeria constitution?

The current Constitution of Nigeria was adopted in 1999. This Constitution, often referred to as the 1999 Constitution, replaced the previous military constitutions that had been in place since the country gained independence in 1960.

Who wrote the last Constitution in Nigeria?

The last Constitution in Nigeria, the 1999 Constitution, was drafted by a Constitutional Drafting Committee led by Justice Niki Tobi. The committee was made up of legal experts and scholars who worked to ensure that the Constitution reflected the aspirations and values of the Nigerian people.

What is the first federal Constitution of Nigeria?

The first federal Constitution of Nigeria was the Lyttleton Constitution of 1954. This Constitution established a federal system of government and introduced regional autonomy.

What was the constitutional development in Nigeria in 1954?

In 1954, Nigeria witnessed a significant milestone in its constitutional development with the introduction of The Lyttleton constitution; it replaced Macpherson. This Constitution granted more autonomy to the regions and allowed for greater participation of Nigerians in the political process. It marked a shift towards a more decentralized and inclusive governance structure.

Understanding the history and prospects of constitutional development in Nigeria is crucial for grasping the country’s political landscape. These frequently asked questions provide a starting point for exploring this complex and evolving subject. Keep in mind that constitutional development is an ongoing process, and new developments may shape Nigeria’s constitutional landscape in the future.

Conclusion

So there you have it, the long and winding road of Nigeria’s constitutional development. It’s been filled with twists and turns, both progressive and regressive. Sure, the current Constitution has its flaws and could use some reforms. But Nigeria has come a long way from colonial rule to self-governance. The prospects for further democratic consolidation look bright as long as leaders stay committed to strengthening institutions, empowering citizens, and upholding the rule of law.

As the giant of Africa with so much potential, the stakes are high to get this right. It won’t be easy, and change won’t happen overnight. Yet the Nigerian people have shown incredible resilience and resolve time and again in shaping their destiny. The Constitution lies at the very heart of the nation. Nigeria seeks to become one of freedom, justice, and opportunity for all its citizens. Its evolution continues to this very day, carried forward by the hopes and dreams of past, present, and future generations.