Malcolm Rivera
Nigeria has had several constitutions throughout its history, with the most recent one coming into force in 1999, and subsequently amended in 2011, 2017, and 2023. The country's first constitution was enacted during the colonial era when Nigeria was a Crown Colony, and it was followed by several others before the country gained independence from Great Britain in 1960. The current constitution outlines fundamental rights for individuals, including life, liberty, dignity, privacy, freedom of expression, and religious freedom, while also defining the powers of the government and the rights of citizens.
| Characteristics | Values |
|---|---|
| First constitution | An Order in Council enacted Nigeria's first constitution during the colonial era |
| First constitution as a sovereign state | A British Order-in-Council enacted it in 1960 |
| Constitution outlines | Individual's fundamental rights, including life, liberty, dignity, privacy, freedom of expression, religious freedom, and security from slavery, violence, discrimination, and forced service in the military |
| Constitution protects | Four laws: the Land Use Act, the National Securities Agencies Act, the National Youth Service legislation, and the Public Complaints Commission Act |
| Amendments | Three amendments were signed in 2011, and further amendments were made in 2017 and 2023 |
| Constitution of the Federal Republic of Nigeria | Last amended in 2023 |
| Chapters | Chapter III on Citizenship, Chapter IV on Fundamental Rights, Chapter VI on The Executive, Chapter VII on the Judicature |
| Powers | The Senate or the House of Representatives shall have the power to procure evidence, summon any person in Nigeria, and issue a warrant to compel attendance |
| Rights | Nigerians have the right to own land, assemble, and move freely throughout Nigeria |
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What You'll Learn
The Constitution of the Federal Republic of Nigeria, 1999
Nigeria has had several constitutions throughout its history, and its current constitution, the Constitution of the Federal Republic of Nigeria, came into use in 1999. This constitution outlines the fundamental rights of individuals, including life, liberty, dignity, privacy, freedom of expression, religious freedom, and security from slavery, violence, discrimination, and forced service in the military. It also defines a person's right to a timely and fair trial if arrested and the presumption of innocence. Nigerians have the right to own land, assemble, and move freely.
The Constitution outlines the duties and responsibilities of the government and all authorities, emphasising that sovereignty belongs to the people of Nigeria. It states that the security and welfare of the people shall be the primary purpose of the government and that the participation of the people in their government shall be ensured. The Constitution also provides for the recognition of citizenship, including the rights and responsibilities of citizens.
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The country's first constitutions
Nigeria has had a written constitution since 1999, but the country's first constitutions were enacted during the colonial era when the country was administered as a Crown Colony. These early constitutions include the Clifford Constitution of 1922, the Richards Constitution of 1946, the Macpherson Constitution of 1951, and the Lyttleton Constitution of 1954.
The Richards Constitution, named after Governor-General Sir Arthur Richards, was formulated in 1946 and approved by Westminster. While it left effective power in the hands of the Governor-General and his appointed Executive Council, it also established an expanded Legislative Council with the authority to deliberate on matters affecting the country. It created three regional Houses of Assembly to consider local issues and advise the lieutenant governors. This constitution recognised the country's diversity by introducing the federal principle with its regional authority. However, it intensified regionalism instead of encouraging political unification, leading to its suspension in 1950 amid calls for greater autonomy.
An inter-parliamentary conference in Ibadan in 1950 drafted a new constitution, which came into effect in 1951. Dubbed the Macpherson Constitution after the then-Governor-General John Stuart Macpherson, it provided for regional autonomy and a federal union. It created a central government with a Council of Ministers, encouraging political participation and party activity at the national level. However, the regional governments retained broad legislative powers that could not be overridden by the newly established 185-seat federal House of Representatives, boosting regionalism.
The Lyttleton Constitution, named after Oliver Lyttleton, was enacted in 1954 and firmly established the federal principle. This constitution paved the way for Nigeria's independence from Great Britain, which was achieved on 1 October 1960. Upon independence, Nigeria retained Queen Elizabeth II as the titular head of state, with Nnamdi Azikiwe serving as her representative and the country's Governor-General.
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The Richards Constitution
Nigeria has had many constitutions, with its current form enacted on May 29, 1999, kickstarting the Fourth Nigerian Republic. The country's first constitution was enacted during the colonial era when it was administered as a Crown Colony.
One of these many constitutions is the Richards Constitution of 1946, named after Governor-General Sir Arthur Richards, who was responsible for its formulation. It replaced the defective Clifford Constitution of 1922, which was deemed weak by Nigerian nationalists, prompting them to pressure Sir Bernard Bourdillon, the Governor of Nigeria from 1935 to 1943, for a new constitution.
While the Richards Constitution provided a realistic assessment of the situation in Nigeria, it intensified regionalism instead of fostering political unification. This outcome was unintended, and the constitution was suspended in 1950 due to calls for greater autonomy. The suspension of the Richards Constitution led to the drafting of the Macpherson Constitution, which took effect in 1951.
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The Macpherson Constitution
Nigeria has had several constitutions during the colonial era and after independence. One of these is the Macpherson Constitution, which was introduced in 1950 and came into force in 1951. It was named after the then Governor-General of Nigeria, Sir John Stuart Macpherson.
The House of Representatives was made up of the Governor as President, six ex-officio members, 136 members elected from the three regions, and six special members appointed by the Governor. The constitution also provided for executive councils in the regions, with ministers who had no executive control over their departments. The Northern and Western regions had a House of Chiefs and a House of Assembly, while the Eastern region had only a House of Assembly.
While the Macpherson Constitution encouraged the spirit of federalism and played a role in the realisation of self-government, it was criticised by Nigerian nationalists for not granting political independence to the country. They also criticised the continued appointment of special members in the House of Representatives and the adoption of two houses of legislature.
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The Lyttleton Constitution
Nigeria has had many constitutions, and its current form was enacted on May 29, 1999, kickstarting the Fourth Nigerian Republic. The country's first constitution was enacted during the colonial era when it was administered as a Crown Colony. This was followed by the Richards Constitution of 1946, the Macpherson Constitution of 1951, and the Lyttleton Constitution of 1954.
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Frequently asked questions
Yes, Nigeria has a written constitution. The current constitution is the Constitution of the Federal Republic of Nigeria 1999, which has been amended several times since it came into use.
The Nigerian Constitution outlines fundamental rights, including life, liberty, dignity, privacy, freedom of expression, religious freedom, and security from slavery, violence, discrimination, and forced service in the military. It also defines the right to a timely and fair trial, the presumption of innocence, the right to own land, the right of assembly, and freedom of movement.
Nigeria's first constitution was enacted during the colonial era when the country was administered as a Crown Colony. This first constitution included the Clifford Constitution of 1922, the Richards Constitution of 1946, the Macpherson Constitution of 1951, and the Lyttleton Constitution of 1954.
Yes, the Nigerian Constitution has been amended several times. The first modifications were made in 2011 by President Goodluck Jonathan, who signed three amendments. Further amendments were made in 2017 and 2023.
