Isabella Carter
Nigeria has had many constitutions, with its current form enacted on May 29, 1999, kickstarting the Fourth Nigerian Republic. The country's structure and composition are a legacy of British colonial rule, with its many multilingual groups and diverse cultures and traditions. This diversity has contributed to Nigeria being considered one of the world's most deeply divided countries, with political corruption rampant. As a result, Nigeria has undergone many attempts to form an effective constitution, with various civilian and military rules, and political systems. The history of constitutional development in Nigeria is a complex and fascinating story.
| Characteristics | Values |
|---|---|
| First constitution | Clifford Constitution of 1922 |
| Richards Constitution of 1946 | |
| Macpherson Constitution of 1951 | |
| Lyttleton Constitution of 1954 | |
| Westminster-approved constitution of 1946 | |
| Macpherson Constitution of 1951 | |
| Lyttleton Constitution of 1960 | |
| 1963 Constitution | |
| 1979 Constitution | |
| 1989 Constitution | |
| 1993 Constitution | |
| 1999 Constitution | |
| Current constitution | Does not fully support human rights |
| Restricts equality to citizens only | |
| Does not support diversity |
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What You'll Learn
The Clifford Constitution of 1922
Firstly, it established a new legislative council with 46 members, replacing the previous governing bodies, including the old legislative council for the Lagos colony and the Nigerian council. Notably, the Northern Province was excluded from this new legislature, with the Governor-General retaining legislative power in that region.
Secondly, the Clifford Constitution introduced an elective principle, which had a profound impact on political participation and nationalism in Nigeria. This encouraged the formation and development of political parties, fostering a more inclusive and representative political environment.
Additionally, the constitution featured an executive council, which included the governor, chief secretary, lieutenant governors, an administrator for Lagos, attorney-general, and other key officials. However, this council notably excluded any Nigerian representation, which became a point of contention.
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The Richards Constitution of 1946
The Richards Constitution established an expanded Legislative Council with 16 official and 28 non-official members, of whom 2 were nominated by the governor and 4 were elected. The North had 11 members, the West had 8, and the East had 6. This council was empowered to deliberate on matters affecting the country. The constitution also created three regional Houses of Assembly to consider local questions and advise the lieutenant governors.
The Richards Constitution recognised the country's diversity by introducing the federal principle with regional authority. However, it unintentionally intensified regionalism instead of encouraging political unification. The elective principle was not extended beyond Lagos and Calabar, and the regional assemblies merely acted as advisory and consultative bodies. The impression of an unofficial majority in the council was false because the majority were chiefs or government nominees.
The Richards Constitution left effective power in the hands of the Governor-General and his appointed Executive Council, which did not include any Nigerians. It consisted of the governor, chief secretary, lieutenant governors, an administrator for Lagos, attorney-general, commandant of the Nigerian regiment, director of medical service, comptroller general, and secretary for native affairs. This constitution was arbitrarily imposed and thus considered undemocratic.
The Richards Constitution was suspended in 1950 against a call for greater autonomy, and the Macpherson Constitution took effect the following year, providing for regional autonomy and a federal union.
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The Macpherson Constitution of 1951
The Macpherson Constitution provided for greater regional autonomy and a federal union, establishing a central government with a Council of Ministers. This encouraged political participation and party activity at the national level. The constitution also introduced a new central law-making body, the House of Representatives, with 185 seats. The House of Representatives replaced the Central Legislative Council, which had been renamed from the Legislative Council under the Richards Constitution.
The Macpherson Constitution increased the number of elected majorities in both central and regional legislatures, fostering the spirit of federalism. The regions were granted more powers, including broad legislative powers that could not be overridden by the federal House of Representatives. This significantly boosted regionalism in Nigeria.
The constitution was formulated through a series of constitutional conferences held across the country, with Nigerians actively participating in the process. These conferences addressed key issues such as the need for a federal system of government, the sharing of legislative powers, and the status of Lagos as a neutral federal territory. The Macpherson Constitution also made provisions regarding the regionalisation of the judiciary and police force, as well as the autonomy of southern Cameroon within the Nigerian federation.
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The Lyttleton Constitution of 1954
One of the most significant features of the Lyttleton Constitution was the introduction of a federal system of government, which indicated that Nigeria was going to become a federal country. Under this system, power was shared between the regional units and the federal government. The constitution provided for a Council of Ministers, consisting of 12 ministers, three of whom were appointed by the Governor-General from each of the three regions. The Governor-General was the president of the Council of Ministers, which was responsible for formulating policies and initiating bills to be introduced in the House of Representatives.
The Lyttleton Constitution also made provision for a House of Representatives, with a Speaker of the House presiding over deliberations instead of the Governor, as in the previous constitution. The membership of the House of Representatives was increased to 184. Additionally, the constitution allowed electors to directly elect their representatives to the regional and federal legislatures for the first time.
The Lyttleton Constitution was regarded as a milestone in the constitutional history of Nigeria, laying the foundation for the country's independence, which was achieved six years later. It served as the basis for the establishment of the Federal Republic of Nigeria in October 1963.
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The 1999 Constitution
However, the 1999 Constitution has been criticised for its shortcomings, particularly in relation to the centralization of police powers at the federal level, ambiguous rules around indigeneity, and overlapping land tenure systems. These factors have been cited as contributing to instability and insecurity in Nigeria, making it more difficult to negotiate stable post-conflict settlements and address issues like the Boko Haram insurgency.
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Frequently asked questions
Nigeria's first constitution was the Clifford Constitution of 1922.
The most recent Nigerian constitution was enacted on 29 May 1999, kickstarting the Fourth Nigerian Republic.
Nigeria has had many constitutions, including the Clifford Constitution of 1922, the Richards Constitution of 1946, the Macpherson Constitution of 1951, the Lyttleton Constitution of 1954, the 1963 constitution, the 1979 constitution, the 1989 constitution, and the 1993 constitution.
Nigeria has undergone many attempts to form an effective constitution due to its diversity and the legacy of British colonial rule.
