Eleanor Finch
The 1960 Independence Constitution of Nigeria was a pivotal moment in the country's history, marking its transition from colonial rule to a sovereign state. This constitution was the culmination of constitutional conferences held to discuss self-governance and address issues affecting the nation. The 1960 Constitution had several key features, including a parliamentary system with a Prime Minister, a bicameral legislature consisting of the House of Representatives and the Senate, and the recognition of Fundamental Human Rights. The Governor-General, representing the Queen of England, served as the Head of State, while the elected Prime Minister became the Head of Government. This constitution also established the Supreme Court and a Judicial Service Commission, and it provided a formula for revenue allocation. These features and resolutions embodied Nigeria's aspirations for independence, international recognition, and improved living standards.
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What You'll Learn
Parliamentary system with Prime Minister
The 1960 Independence Constitution was a significant step towards self-government and sovereignty for Nigeria, marking the end of colonialism. This constitution established a parliamentary system of government, with the position of Prime Minister at its core.
The Prime Minister, as Head of Government, held executive power alongside a number of important ministers, collectively known as the federal executive. The Governor-General, representing the Queen of England, served as the Head of State, though this role was largely ceremonial. The Governor-General's key duty was to appoint the Prime Minister, who was expected to command the majority support of the House of Representatives.
The parliamentary system of government in the 1960 Constitution is characterised by the dual membership of executives in the legislature. All members of the federal executive, including the Prime Minister, were required to be members of the House of Representatives. This blend of executive and legislative powers is a defining feature of the parliamentary model.
The 1960 Constitution also established a bicameral legislature, consisting of the House of Representatives as the lower house and the Senate as the upper house. This bicameral structure was mirrored in the regional parliaments, which comprised the House of Assembly (lower) and the House of Chiefs (upper). The Senate was granted power over money and other bills, and all bills required assent from the Governor-General to become law.
The 1960 Independence Constitution was a pivotal moment in Nigeria's journey towards self-rule, and the parliamentary system it established, with the Prime Minister at its centre, played a crucial role in shaping the country's governance.
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Judicial Service Commission and Supreme Court
The 1960 Independence Constitution was a pivotal moment in Nigerian history, marking the end of colonialism and the birth of a sovereign state. This constitution was the culmination of several constitutional conferences held to discuss the timing of self-government and address other pressing issues facing the nation. The Judicial Service Commission and the Supreme Court were integral components of this new constitutional framework.
The Judicial Service Commission played a vital role in the administration of justice and the management of the judicial system. It was responsible for overseeing the judiciary, including the appointment, discipline, and removal of judges. The establishment of this commission ensured the independence and integrity of the judiciary, fostering public trust in the justice system.
The Supreme Court, established alongside the Judicial Service Commission, served as the highest judicial authority in the land. It was the final arbiter of legal disputes, with the power to interpret the constitution and make binding decisions. The Supreme Court's jurisdiction extended across the nation, hearing appeals from lower courts and providing a uniform interpretation of the law.
The 1960 Independence Constitution outlined a parliamentary system of government, with the Prime Minister as the head of the federal executive. The constitution also retained the Governor-General, representing the British Monarch as the Head of State. This constitution introduced a bicameral legislature, consisting of the House of Representatives as the lower house and the Senate as the upper house. It is important to note that the Governor-General's assent was required for any bill to become law.
The Judicial Service Commission and the Supreme Court, through their respective functions, contributed significantly to the stability and effectiveness of the judicial system in Nigeria. They played a pivotal role in upholding the rule of law and protecting the rights and freedoms enshrined in the constitution. The legacy of these institutions continues to shape the country's legal landscape even today.
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British Monarch as Head of State
The 1960 Independence Constitution was a significant step towards Nigeria's independence from British colonial rule, which officially ended in 1960, with the country becoming a republic in 1963. This constitution was designed by foreign, retreating British colonialists, and it retained the federal structure initially adopted by the Lyttleton Constitution of 1954, which had established the federal principle and paved the way for independence.
The 1960 Constitution retained the British Monarch as the Head of State, with the Governor-General as their representative in Nigeria, serving as the ceremonial head of state. The Governor-General's role was to appoint the Prime Minister, who was the head of the federal executive and the government. The Prime Minister was to be elected and chosen from among those who appeared to have majority support in the House of Representatives.
The 1960 Constitution established a parliamentary system of government in Nigeria, with a bicameral legislature consisting of the House of Representatives (the lower house) and the Senate (the upper house). This bicameral structure existed at both the federal and regional levels of government. The Senate was given power over money and other bills, and all bills passed by the federal legislature had to be assented to by the Governor-General to become law.
The British Monarch, as Head of State, was at the apex of this system, with the Governor-General, Prime Minister, and other ministers beneath them in the hierarchy. The retention of the British Monarch as Head of State was a feature of Nigeria's transition to independence, marking a step away from direct colonial rule while still acknowledging the historical ties and influence of Britain.
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Bicameral legislature
The 1960 Independence Constitution of Nigeria established a bicameral legislature, consisting of a lower house (the House of Representatives) and an upper house (the Senate or, in some sources, the House of Chiefs). The Governor-General, a representative of the British Monarch and Head of State, had to assent to every bill passed by the legislature for it to become law. The Senate was given power over money and other bills.
The bicameral legislature was established at both the federal and regional government levels. The federal legislature was empowered to make laws during periods of emergency.
The Prime Minister, who was the head of the federal executive, was responsible for appointing members to the House of Representatives, who would then become members of the federal executive. All members of the federal executive had to be members of the House of Representatives. This system, in which executives are also legislators, is known as the parliamentary system of government.
The House of Assembly, the lower house of the regional parliaments, was directly elected by the electorate. The upper house, the House of Chiefs, was made up of important traditional rulers.
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Fundamental Human Rights
The 1960 Independence Constitution of Nigeria was a pivotal moment in the country's history, marking its freedom from colonial rule and the establishment of fundamental human rights for its citizens. This constitution was the culmination of constitutional conferences held to discuss self-government and address issues affecting the nation.
One of the key features of the 1960 Independence Constitution was its embodiment of fundamental human rights. This was a significant inclusion, recommended by a commission set up in 1957 to address the fears of minorities. The constitution thus guaranteed the protection of the fundamental rights of all Nigerian citizens.
The specific rights enshrined in the constitution included the establishment of a bicameral legislature, consisting of the House of Representatives as the lower house and the Senate as the upper house. This legislature was responsible for making laws, and every bill passed required the assent of the Governor-General before becoming law.
The 1960 constitution also retained the federal structure initially adopted by the Lyttleton Constitution of 1954, which had established the federal principle and paved the way for independence. This federal structure included provisions for Nigerian citizenship, which were detailed extensively within the 1960 constitution.
In addition to the above, the 1960 Independence Constitution of Nigeria had a significant impact on the country's governance. It established the parliamentary system of government, with the Prime Minister as the head of the federal executive and the Governor-General, representing the Queen of England, as the Head of State. This constitution also introduced a rigid procedure for constitutional amendments, ensuring stability and providing a clear framework for any future changes to the nation's governing document.
Congress Funding: National Constitution Center
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