Malcolm Rivera
Nigeria has had many constitutions throughout its history, with its current form enacted on 29 May 1999, kickstarting the Fourth Nigerian Republic. The country's structure and composition are legacies of British colonial rule, and its diversity has contributed to regionalism and political division. The various constitutions of Nigeria can be classified into presidential and parliamentary types, unitary and federal types, and codified and uncodified types. The country's first constitutions were enacted during the colonial era, with the Richards Constitution of 1946 intensifying regionalism instead of encouraging political unification. The Macpherson Constitution of 1951 provided for regional autonomy and a federal union, while the Lyttleton Constitution of 1954 firmly established the federal principle, paving the way for Nigeria's independence. The 1963 constitution was based on the Westminster system, but it was overthrown in a military coup in 1966. The 1979 constitution established the Second Nigerian Republic and a US-style presidential system. The 1993 constitution aimed to restore democratic rule, but it was never fully implemented.
| Characteristics | Values |
|---|---|
| Type of Country | Federal Republic |
| Type of Constitution | Written, codified |
| Date Enacted | 29 May 1999 |
| Human Rights Support | Partial |
| Equality Statement | "All citizens are equal..." |
| Head of State | President |
| Head of State's Party Affiliation | None |
| Government Type | Presidential |
| Legislative Council | Yes |
| Regional Sentiments | Yes |
| Regional Autonomy | Yes |
| Central Government | Yes |
| Council of Ministers | Yes |
| Education | Free, compulsory, and universal primary education |
| Environment | Protected and improved by the State |
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What You'll Learn
- Nigeria's constitution through the ages: from the Clifford Constitution of 1922 to the present
- Presidential vs. Parliamentary constitutions: the role of the head of state
- Federalism: the relationship between central and state governments
- Written vs. unwritten constitutions: precision and custom
- Monarchy vs. Republic: the head of state conundrum
Nigeria's constitution through the ages: from the Clifford Constitution of 1922 to the present
Nigeria has had many constitutions, with its current form enacted on 29 May 1999, kickstarting the Fourth Nigerian Republic. The country's structure and composition are a legacy of British colonial rule, and its diversity contributes to Nigeria being "one of the world's most deeply divided countries". This has resulted in numerous attempts to form an effective constitution, including civilian and military rule, centrifugal and centralized federalism, presidential and parliamentary systems, and other political institutions.
The first constitution was the Clifford Constitution of 1922, named after the then governor of Nigeria, Sir Hugh Clifford. It introduced a new legislative council and executive council, replacing the old legislative council for the Lagos colony and the Nigerian council. The elective principle was also introduced, increasing political agitation and awakening nationalism in Nigeria. However, the Northern Province was not represented in the new legislature, and the Governor General retained legislative power. The council was dominated by whites, and Africans were excluded from the executive council. The Governor enjoyed unlimited powers.
The Richards Constitution of 1946, named after Governor-General Sir Arthur Richards, established an expanded Legislative Council and created three regional Houses of Assembly. While it left effective power in the hands of the Governor-General and his appointed Executive Council, it recognised the country's diversity by introducing the federal principle with regional authority. However, it intensified regionalism instead of encouraging political unification, and it was suspended in 1950.
The Macpherson Constitution of 1951, named after Governor-General John Stuart Macpherson, provided for regional autonomy and a federal union, creating a central government with a Council of Ministers. This encouraged political participation and party activity at the national level, but the regional governments had broad legislative powers that the new federal House of Representatives could not override.
The Lyttleton Constitution, enacted in 1954 and named after Oliver Lyttleton, firmly established the federal principle and paved the way for Nigeria's independence from Great Britain. It promoted regional sentiments among Nigerians, and the country retained Queen Elizabeth II as titular head of state until independence in 1960. The 1963 constitution, based on the Westminster system, established the First Nigerian Republic and was used until a military coup in 1966.
The 1979 constitution established the Second Nigerian Republic, abandoning the Westminster system for a United States-style presidential system with direct elections. It mandated political parties to register in at least two-thirds of the states and established a Cabinet of Nigeria, giving a "federal character" to the nation. The 1993 constitution was meant to establish the Third Nigerian Republic and return democratic rule, but it was never fully implemented due to military control until 1999.
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Presidential vs. Parliamentary constitutions: the role of the head of state
Nigeria has had many constitutions, with its current form enacted on 29 May 1999, kickstarting the Fourth Nigerian Republic. The country's structure and composition are a legacy of British colonial rule, and its diversity contributes to Nigeria being "one of the world's most deeply divided countries", with widespread political corruption. As a result, Nigeria has experimented with various political systems, including civilian and military rule, centrifugal and centralized federalism, and presidential and parliamentary systems.
A presidential system, also known as a strong-president or single-executive system, is a form of government where the head of state, typically called a president, heads an executive branch that derives its authority from a source separate from the legislative branch. The president is directly or indirectly elected by citizens and is not responsible to the legislature, which cannot dismiss them except in extraordinary cases. The presidential system was popularized by the Constitution of the United States, which came into force in 1789, making George Washington the first president under this system.
In a parliamentary system, the head of government, typically called a prime minister, derives their power from the confidence of an elected legislature, which can dismiss them with a simple majority. In some parliamentary systems, like South Africa, there is an executive president who serves as both head of state and head of government. In other parliamentary systems, like India, Germany, Austria, Italy, and Israel, the head of state, often called a president, holds mostly ceremonial powers, with a separate head of government.
The older the constitution in a parliamentary system, the more leeway there is for the head of state to exercise greater powers, with some older constitutions granting powers akin to presidential systems. In a semi-presidential system, like France, there is a head of state and a head of government who share leadership of the nation.
The presidential system is the most common form of government in the Americas and is also prevalent in Sub-Saharan Africa, while parliamentary systems are found in countries like the United Kingdom, Greece, Italy, and Norway. Nigeria, with its diverse and divided population, has experimented with both presidential and parliamentary systems, reflecting the ongoing search for effective governance.
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Federalism: the relationship between central and state governments
Nigeria has had many constitutions, with its current form enacted on May 29, 1999, marking the beginning of the Fourth Nigerian Republic. The country's structure and composition are a legacy of British colonial rule, and its diversity has contributed to regionalism and political division. Nigeria's constitutions have reflected various attempts to unify the country under different systems of governance.
One key aspect of Nigeria's constitutional history is the relationship between central and state governments, which can be understood through the concept of federalism. Federalism is a system of government in which power is divided between a central authority and regional or state governments. It allows for the creation of governments at the state level, with their own constitutions, while still being connected to and controlled by the central government.
The evolution of federalism in Nigeria can be traced through its various constitutions. The Richards Constitution of 1946, named after Governor-General Sir Arthur Richards, introduced the federal principle with its recognition of regional diversity. It established an expanded Legislative Council and three regional Houses of Assembly, empowering local representatives to deliberate on matters affecting their regions. However, it left effective power in the hands of the Governor-General and his appointed Executive Council.
The Macpherson Constitution of 1951, named after Governor-General John Stuart Macpherson, further boosted regionalism by providing for regional autonomy and a federal union. It created a central government with a Council of Ministers, encouraging national-level political participation. Nevertheless, the regional governments under this constitution had broad legislative powers that could not be overridden by the federal House of Representatives, maintaining a strong degree of regional autonomy.
The Lyttleton Constitution of 1954, named after Oliver Lyttleton, firmly established the federal principle and paved the way for Nigeria's independence from Great Britain. This constitution promoted regional sentiments and helped set the stage for Nigeria's transition to a fully independent sovereign state with its own constitution in 1960.
In summary, the evolution of federalism in Nigeria's constitutional history has been a dynamic process, reflecting the country's diverse and regional nature. The relationship between central and state governments has been a key aspect of this evolution, with various constitutions granting different levels of power and autonomy to regional authorities while still maintaining a unified nation under a central government.
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Written vs. unwritten constitutions: precision and custom
Nigeria has had many constitutions throughout its history, with its current written constitution enacted on 29 May 1999, establishing the Fourth Nigerian Republic. This form of written constitution is a deliberate effort of the people, serving as the supreme law of the Federal Republic of Nigeria. It is precise and systematic, providing a strict set of rules that are difficult to change.
In contrast, an unwritten constitution is a legal body where principles are based on customs, traditions, and historical developments, rather than being enacted as laws. It lacks precision and a specific creation date, evolving over time. The British Constitution is an example of an unwritten constitution, constantly changing since the 13th century.
Written constitutions offer advantages in terms of precision and clarity. They provide a clear and explicit framework of rules and principles that are systematically organised and easily accessible. This systematic nature makes it easier to understand the rights and responsibilities of citizens, the structure and functions of government institutions, and the limits of governmental power. For example, the US Constitution, a written constitution, mandates that the head of state and the head of the executive branch is a president, who is not a part of any political party.
On the other hand, unwritten constitutions are more flexible and adaptable. They are not confined to a rigid set of rules but are shaped by customs, principles, and historical practices. This flexibility allows for easier evolution and adaptation to changing circumstances. For instance, the British Constitution has no head of state power unless related to a monarch, allowing for a dynamic political landscape.
While written constitutions provide stability and certainty, unwritten constitutions offer the advantage of custom and adaptability. The written constitution of Nigeria, for instance, has undergone numerous revisions due to the country's diverse and divided nature, with various political systems being implemented. This suggests that a written constitution may not always be the most suitable for a country with diverse cultural and traditional practices.
In conclusion, both written and unwritten constitutions have their strengths and weaknesses. Written constitutions offer precision and clarity, while unwritten constitutions provide flexibility and the ability to incorporate customs and traditions. The choice between the two ultimately depends on the specific needs and characteristics of a country.
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Monarchy vs. Republic: the head of state conundrum
Nigeria has had many constitutions, with its current form enacted on 29 May 1999, marking the beginning of the Fourth Nigerian Republic. The country's structure and composition are a legacy of British colonial rule, and its diversity has contributed to political division and corruption.
The first Nigerian constitutions were enacted during the colonial era when the country was a Crown Colony. These included the Clifford Constitution (1922), the Richards Constitution (1946), the Macpherson Constitution (1951), and the Lyttleton Constitution (1954). The Richards Constitution, for example, left effective power in the hands of the Governor-General but also established an expanded Legislative Council and introduced the federal principle with regional authority. The Macpherson Constitution provided for regional autonomy and a federal union, creating a central government with a Council of Ministers, while the Lyttleton Constitution firmly established the federal principle and paved the way for Nigeria's independence.
Upon gaining independence in 1960, Nigeria retained Queen Elizabeth II as its titular head of state, with Nnamdi Azikiwe serving as her representative as Governor-General. However, the second constitution of independent Nigeria, enacted in 1963, abolished the monarchy and established the First Nigerian Republic, with Nnamdi Azikiwe becoming the first President.
Since then, Nigeria has experienced several constitutional changes, including the Second Nigerian Republic (1979), which adopted a US-style presidential system, and the Third Nigerian Republic (1993), which was intended to restore democratic rule but was never fully implemented due to military rule until 1999.
The Nigerian constitution can be classified as a written constitution, which is a deliberate effort of the people to create a precise and systematic legal document. It is also a presidential constitution, as power is vested in the President, who is the head of state and the head of the executive branch, and is not a part of any political party.
In contrast, a monarchy, such as the one that existed in Nigeria before 1963, is a system of government where the power is concentrated in a monarch, typically a king or queen, who is usually the head of state. The monarch may wield absolute power or have a more ceremonial role, depending on the specific type of monarchy.
A republic, on the other hand, is a form of government where the people, or citizens, are considered the ultimate source of power. Republics typically feature representative democracy, with elected officials making decisions on behalf of the citizens. The head of state in a republic can vary, but it is often a president or a prime minister.
In the context of Nigeria, the move from a monarchy to a republic represented a significant shift in how the country was governed and who held the ultimate power. The monarchy, with Queen Elizabeth II as the titular head of state, gave way to a republic with an elected president as the head of state, marking a transition from colonial rule to self-governance and a break from the British monarchical tradition.
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Frequently asked questions
Nigeria has had many constitutions, including:
- The Clifford Constitution (1922)
- The Richards Constitution (1946)
- The Macpherson Constitution (1951)
- The Lyttleton Constitution (1954)
- The 1963 Constitution, based on the Westminster system
- The 1979 Constitution, which established the Second Nigerian Republic
- The 1993 Constitution, which established the Third Nigerian Republic
- The 2025 Constitution, which does not fully support human rights
A written constitution is a document or documents created in the form of laws. Most countries have a written constitution, including Nigeria. Written constitutions are usually very precise and systematic, and are deliberately created by the people.
A presidential constitution places power in the hands of a president. The president is the head of state and the head of the executive branch, and they are not part of any political party.
