Omar Bennett
The Richards Constitution of 1946 was enacted by the British government and came into operation on 1st January 1947. It was named after its author, Sir Arthur Richard, the Governor of Nigeria from 1939-1944. The constitution aimed to promote the unity of Nigeria, embrace the country's diversity, and secure greater participation by Nigerians in their own affairs. However, it had several defects, including a lack of consultation with the Nigerian people, the retention of veto powers by the Governor, and the exclusion of the educated elite in favour of traditional rulers.
| Characteristics | Values |
|---|---|
| Author | Sir Arthur Richards (later Lord Milverton) |
| Introduction | The constitution was introduced without consulting the Nigerian people |
| Date proposed | 6th December 1944 |
| Date enacted | 1946 |
| Date came into operation | 1st January 1947 |
| Objectives | To promote the unity of Nigeria; to provide adequately for the diverse elements which make up the country; to secure greater participation by Nigerians in their own affairs |
| Legislative council members | 44 members, consisting of 28 majority non-officials and 16 minority officials |
| Legislative assemblies | Unicameral in the South, bicameral in the North |
| Regional councils | Three regional councils: North, West and East |
| Regional assemblies | Regional assemblies in the North, East and West would discuss legislation and act as electoral colleges for the election of legislative council members |
| Governor's powers | Excessive powers to nominate members, preside over councils and override decisions |
| Voting rights | Voting dependent on income; only residents of Lagos and Calabar could vote |
| Regionalism | Intensified regionalism and caused political division |
| Democracy | Undemocratic |
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What You'll Learn
The constitution was arbitrarily imposed without consulting Nigerians
The Richards Constitution of 1946, also known as the Nigeria (Legislative Council) Order in Council of 1946, was enacted by the British government and came into operation on 1st January 1947. It replaced the 1922 Clifford Constitution, which was considered defective and criticised by nationalists. The new constitution was formulated by Governor-General Sir Arthur Richards, who was in office between 1939 and 1944.
Sir Arthur Richards has been criticised for introducing the constitution without adequately consulting the Nigerian people or seeking their input. While the draft constitutional proposals were approved by the African unofficial members of the legislative council, nationalists argued that these members were not truly representative of the people, and thus the proposals were passed without regard for popular opinion. Obafemi Awolowo wrote in 1966 that Sir Arthur Richards "came under heavy strictures" for failing to consult the Nigerian people before introducing his constitution.
The Richards Constitution aimed to secure greater participation of Nigerians in their own affairs and promote the unity of Nigeria. It was the first time Nigerians had a majority in both national and regional legislative assemblies, and the first time that the North was brought under the same administrative control as the South. The constitution divided the country into three regions: North, West, and East, each with its own house of assembly. However, the legislative councils created by the constitution remained deliberative bodies, and the governor retained veto powers.
The constitution also institutionalised bicameralism and recognised traditional rulership in Nigeria. While it provided for regional assemblies in the North, East, and West, these assemblies could not make laws but only discuss legislation and act as electoral colleges for the election of legislative council members. The constitution gave the governor excessive powers to nominate members, preside over both the legislative and executive councils, and override their decisions. The elective principle was not extended beyond Lagos and Calabar, and the large majority of Nigerians were disenfranchised as voting rights were still dependent on income.
In conclusion, the Richards Constitution was imposed without meaningful consultation with Nigerians, and it failed to address the issue of regionalism and political division in the country. While it made some advances in promoting Nigerian participation in governance, the constitution retained objectionable features of the past and granted the governor excessive powers.
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It retained objectionable features of the past
The Richards Constitution, also known as the 1946 Constitution, was enacted by the British government as the Nigeria (Legislative Council) Order in Council in 1946 and came into operation on 1st January 1947. It replaced the 1922 Clifford Constitution, which was considered defective and was criticised by Nigerian nationalists.
One of the defects of the Richards Constitution was that it retained objectionable features from the past. Despite aiming to secure greater participation of Nigerians in their own affairs, the new legislative councils created by the constitution remained mere deliberative bodies, as the governor retained veto powers. The constitution also failed to address the issue of the excessive powers granted to the governor, who could nominate members, preside over both the legislative and executive councils, and override their decisions.
Furthermore, the Richards Constitution did not resolve the issue of the lack of democratic representation in the legislative council. While it increased the representation of Nigerians and gave them a majority in the legislative council, the impression of an unofficial majority was false, as many of these members were chiefs or government nominees. Additionally, voting rights were still dependent on income, and only residents of Lagos and Calabar could vote, disenfranchising the majority of Nigerians.
The constitution also introduced regionalism, dividing the country into three regions: North, West, and East. While the intention was to promote unity and recognise the country's diversity, regionalism unintentionally caused political division and disunity in Nigerian politics. The regional councils had no power to make laws and were largely non-functional.
In conclusion, while the Richards Constitution made some advancements, it retained objectionable features of the past, including undemocratic practices, excessive powers granted to the governor, and a lack of true representation for Nigerians in the legislative council. These defects contributed to the constitution's suspension in 1950 and the call for greater autonomy in Nigeria.
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It gave the governor excessive powers
The Richards Constitution of 1946, also known as the Nigeria (Legislative Council) Order in Council of 1946, was enacted by the British government and came into operation on the 1st of January 1947. It was named after its author, Sir Arthur Richard (later Lord Milverton), who served as the Governor of Nigeria from 1939 to 1944.
One of the main criticisms of the Richards Constitution was that it gave the governor excessive powers. While the constitution aimed to secure greater participation of Nigerians in their own affairs, the new legislative councils created remained deliberative bodies, and the governor retained veto powers. The constitution granted the governor the power to nominate members, preside over both the legislative and executive councils, and override their decisions. The legislative council was also dominated by Europeans, especially in the executive council, which was the powerful organ. This concentration of power in the hands of the governor and the lack of democratic involvement in the drafting process were seen as defects in the Richards Constitution.
The governor's powers under the Richards Constitution included the ability to nominate members to the legislative and executive councils. The legislative council was unicameral and presided over by the governor, with 13 ex-officio members (heads of ministries). The constitution also provided for regional assemblies in the North, East, and West, which discussed legislation and acted as electoral colleges but did not have the power to make laws. These regional councils were largely seen as non-functional.
The Richards Constitution replaced the 1922 Clifford Constitution, which had been criticised by Nigerian nationalists as defective and in need of reform. The new constitution aimed to promote the unity of Nigeria, provide for the country's diverse elements, and increase Nigerian representation in the legislative council. However, the concentration of power in the governor's hands and the lack of law-making powers for the regional assemblies were seen as giving the governor excessive authority.
The impression of an unofficial majority in the council was false, as the majority were chiefs or government nominees. This, along with the exclusion of Nigerians during the drafting process and the limited franchise, contributed to the perception that the Richards Constitution was undemocratic. The regionalism introduced by the constitution also unintentionally caused political division in Nigeria, intensifying regionalism instead of encouraging unification.
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It intensified regionalism
The Richards Constitution of 1946 was enacted by the British government as the Nigeria (Legislative Council) Order in Council in 1946 and came into operation on 1st January 1947. It was named after its author, Sir Arthur Richard, the Governor of Nigeria from 1939 to 1944. The constitution aimed to promote the unity of Nigeria and to secure greater participation by Nigerians in their own affairs. However, despite these good intentions, the constitution has been criticised for intensifying regionalism and causing political division in the country.
One of the main criticisms of the Richards Constitution is that it introduced regionalism unintentionally, which led to disunity and distrust in Nigerian politics. The constitution divided the country into three regions: North, West, and East, each with its own house of assembly. This division was largely based on ethnic considerations, and the regional councils had no power to make laws, only to discuss legislation and act as electoral colleges. This lack of law-making power meant that the regional councils had little function and may have contributed to the sense of disunity in the country.
The constitution also recognised traditional rulership in Nigeria and institutionalised bicameralism in the North, further contributing to the sense of regionalism. While the constitution increased the representation of Nigerians in the legislative council, it has been argued that the impression of an unofficial majority in the council was false because the majority were chiefs or government nominees. Additionally, the elective principle was not extended beyond Lagos and Calabar, and only residents of these two cities could vote, disenfranchising the large majority of Nigerians.
The Richards Constitution has also been criticised for being arbitrarily imposed and undemocratic, as it was created with no consultation with or involvement of Nigerians during the drafting process. This lack of consultation meant that the constitution did not truly represent the people's opinions or address the objections of the nationalists, who contended that the African unofficial members of the legislative council were not their true representatives. As a result, the constitution retained many objectionable features of the past, including the veto powers of the Governor.
In conclusion, while the Richards Constitution had the noble goal of promoting unity and increasing Nigerian participation in governance, it ultimately intensified regionalism and political division in the country. The unintended consequences of the constitution's regional divisions, combined with its undemocratic imposition and retention of objectionable features, led to criticism and calls for greater autonomy, resulting in the suspension of the constitution in 1950.
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It failed to encourage political unification
The Richards Constitution of 1946 was enacted by the British government as the Nigeria (Legislative Council) Order in Council in 1946 and came into operation on 1st January 1947. It was named after its author, Sir Arthur Richard, the Governor of Nigeria from 1939 to 1944. The constitution aimed to promote the unity of Nigeria and to secure greater participation by Nigerians in their own affairs. However, it has been criticised for failing to encourage political unification and for retaining undemocratic features.
One of the main objectives of the Richards Constitution was to promote the unity of Nigeria and to provide for the diverse elements that make up the country. It was the first time that the North was brought under the same administrative control as the South, and Nigerians were given a majority in both national and regional legislative assemblies. The constitution also created three regional Houses of Assembly to consider local questions and advise the lieutenant governors.
However, despite these efforts, the Richards Constitution has been criticised for failing to encourage political unification. Instead, it intensified regionalism and ethnic divisions in Nigerian politics. The constitution divided the country into three regions: North, West, and East, each with its own house of assembly. This regionalism unintentionally caused political division and disunity in Nigeria. The regional councils were largely functionless, with no power to make laws, and the constitution continued to recognise traditional rulership, which further contributed to regionalism.
Furthermore, the constitution was imposed arbitrarily and undemocratically, without consultation with or involvement of Nigerians during the drafting process. The elective principle was not extended beyond Lagos and Calabar, and the majority of Nigerians were disenfranchised as voting rights were still dependent on income. The impression of an unofficial majority in the council was false, as most members were chiefs or government nominees.
The Richards Constitution also retained excessive powers for the governor, allowing him to nominate members, preside over both the legislative and executive councils, and override their decisions. This concentration of power in the hands of the governor-general and his appointed executive council went against the objective of promoting unity and encouraging political participation among Nigerians.
In conclusion, while the Richards Constitution of 1946 aimed to promote unity and increase Nigerian participation in governance, it ultimately failed to encourage political unification due to its undemocratic nature, regional divisions, and concentration of power in the hands of the governor. The constitution's shortcomings led to its suspension in 1950, and it was replaced by a new constitution drafted at the Ibadan inter-parliamentary conference.
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Frequently asked questions
The Richards Constitution of 1946 was enacted by the British government as the Nigeria (Legislative Council) Order in Council in 1946 and came into operation on 1st January 1947.
The main objectives of the Richards Constitution were to promote the unity of Nigeria, to provide for the diverse elements that make up the country, and to secure greater participation by Nigerians in the discussion of their own affairs.
The Richards Constitution was criticised for being arbitrarily imposed and undemocratic, with voting rights restricted to residents of Lagos and Calabar. It also retained objectionable features of the past, such as veto powers for the Governor, and institutionalised regionalism, which led to disunity and distrust in Nigerian politics.
The Richards Constitution was named after its author, Sir Arthur Richard (later Lord Milverton), who was the Governor of Nigeria from 1939 to 1944.
The Richards Constitution increased Nigerian representation in the legislative council, making Nigerians the majority for the first time. It also institutionalised bicameralism and recognised traditional rulership in Nigeria. However, it ultimately intensified regionalism and failed to encourage political unification, leading to its suspension in 1950.
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