Simone Lawson
Nigeria has had several constitutions since gaining independence from Britain in 1960. The country's first constitution was enacted in 1954 and established the federal principle, paving the way for independence. This was followed by the 1960 Independence Constitution, which provided a democratic parliamentary system and recognised Queen Elizabeth II as the titular head of state. Since then, Nigeria has had several constitutions, including the 1963 Republican Constitution, the 1979 Constitution, the 1993 Constitution, and the 1999 Constitution, which is the most recent and outlines the fundamental rights and responsibilities of Nigerian citizens.
| Characteristics | Values |
|---|---|
| Year written | 1960, 1963, 1979, 1999 |
| Number of constitutions | 9 |
| Years of democracy | 24 |
| Years of independence from Britain | 53 |
| Years of military rule | 29 |
| Head of State | Queen of England, represented by Dr. Nnamdi Azikiwe |
| Prime Minister | Tafawa Balewa |
| Basis | 1954 constitution |
| Features | Provision for citizenship acquisition, provision for constitution amendment, nomination for appointing judges, bicameral legislature |
| Replaced by | Republican Constitution of 1963 |
| Reason for replacement | Rigidity |
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What You'll Learn
The 1960 independence constitution
Nigeria gained independence from Britain in 1960, and its 1960 constitution was written under British supervision. This constitution was the closest Nigeria came to a true federal democracy, and it was the basis on which independence was secured.
The 1960 constitution was one of nine constitutions that Nigeria has had since its independence. The country has had 24 years of democracy and 29 years of military rule. During the years of military rule, various juntas ruled by diktat, dispensing with the national constitution.
The 1960 constitution was written to address the need for a true federal system of government in Nigeria. This system was seen as essential for securing independence from Great Britain. However, even with this constitution in place, Nigeria has faced many challenges and periods of political unrest.
In the years leading up to the Nigerian Civil War (1967-1970), for example, there were agitations for constitutional restructuring. The Easterners, who had suffered massacres in the North, wanted a redraft of the constitution to bring in a confederation, thus weakening the central government and strengthening the coordinate regions. When this did not occur, they attempted to secede and declared themselves independent Biafra.
Despite these challenges, the 1960 constitution holds significance as it represented a step towards independence and a more democratic form of governance for Nigeria. It served as a foundation for the country's continued efforts to establish an effective and representative system of government.
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The 1963 Republican constitution
The 1963 Nigerian Republican Constitution was the country's first autochthonous, or "home-made", constitution. It was also the first constitution to declare Nigeria a republic, with an elected president who no longer represented the Queen of England. The Supreme Court became the final court of appeal instead of the British Privy Council, and the rights of citizens were fully guaranteed and entrenched.
The 1963 Constitution came about following a conference of the heads of government in Nigeria, including the Prime Minister and the Regional Prime Minister, in May 1963 to discuss and settle constitutional issues. This led to an all-party constitutional conference in Lagos in July 1963, which agreed on the need for a republican form of government.
A republican form of government can be defined as a sovereign state headed by a president elected for a fixed term of office. Unlike a monarchy, succession in the office of the Head of State is non-hereditary but elective. It is a representative democracy in which government is by the consent of the people.
The 1963 Constitution provided for an elected president, with the same powers as the Governor-General had under the Independence Constitution. The President was to be elected by the National Assembly, which constituted the minority instead of the majority of the electorates. The Federal Parliament was the legislative branch of the government, consisting of the President, the Senate, and the directly elected House of Representatives.
The 1963 Constitution was short-lived, however, as it was in effect only from 1963 to 1966, when the First Republic was overthrown in a military coup d'état. The period between 1 October 1960, when the country gained its independence, and 15 January 1966, when the first military coup took place, is generally referred to as the First Republic.
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The 1979 constitution
Nigeria has had a long and often turbulent history of constitution-writing since gaining independence from Britain in 1960. The country has had nine constitutions in total, with the 1979 constitution being its fourth.
In 1979, six political parties competed in a series of elections, and Alhaji Shehu Shagari of the National Party of Nigeria (NPN) was elected president. The 1979 election was widely monitored, and Shagari became the first President and Commander-in-Chief of the Federal Republic of Nigeria. Obasanjo peacefully transferred power to Shagari, making him the first Nigerian head of state to willingly step down.
However, the 1979 constitution and the Second Nigerian Republic that it established were short-lived. The 1983 elections that returned Shagari to power were marred by violence and allegations of widespread vote-rigging, leading to legal battles and ultimately, the military coup of 1983. The Second Republic was overthrown, and a new military government took control, placing Shagari under house arrest and jailing or exiling his cabinet members.
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The 1999 constitution
The judicial powers of the Federation are vested in the courts, with the constitution providing for the establishment of courts for both the Federation and the states. The 1999 Constitution also allows the President, in consultation with the National Defence Council, to deploy members of the armed forces on limited combat duty outside Nigeria if national security is under threat. However, the President must seek the consent of the Senate within seven days of actual combat engagement.
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The constitution and citizenship
Nigeria gained independence from Britain in 1960 and has had nine constitutions in its 24 years of democracy. The latest constitution was imposed in 1999 by the military government in power at the time. The 1960 constitution, written under British rule, was the closest Nigeria came to a true federal democracy.
Nigeria has had many constitutions since 1960, and each has defined citizenship in various ways. Citizenship is generally defined as pertaining to a person who, under the Constitution and laws of a particular state, is a member of the political community, owing allegiance and being entitled to fundamental human rights. This idea of citizenship only applies to natural persons, i.e., human beings.
Since 1979, citizenship in Nigeria could be acquired in three ways: by birth, by naturalization, and by registration. Under the 1999 Constitution, citizenship by birth is acquired through descent from Nigerian(s). Citizenship by naturalization is available to foreigners who have lived in Nigeria for 15 years or more. Citizenship by registration is available to those born outside Nigeria with at least one Nigerian grandparent. Additionally, special immigrant status can be granted to non-Nigerian spouses of Nigerian citizens, giving them full residential rights.
The Constitution also provides for the renunciation of Nigerian citizenship. A citizen of full age (18 years or older) can renounce their citizenship by making a declaration in the prescribed manner. However, the President may withhold such registration if made during a war involving Nigeria or if it is contrary to public policy.
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Frequently asked questions
Nigeria's first constitution was written in 1960, while the country was still under British rule.
The 1960 constitution provided a democratic parliamentary system of government, with the office of the head of state separate from that of the head of government. It also recognised the fundamental human rights of citizens and defined who a citizen is and how to acquire citizenship.
Since 1960, Nigeria has had constitutions in 1963, 1979, and 1999.
The current constitution of Nigeria is the 1999 constitution, which was imposed by the military government in power at the time.
The 1999 constitution sets out the process for electing a president, creating a political party, and impeaching a president and their vice-president. It also protects fundamental rights, including the National Youth Service legislation, the Land Use Act, the Public Complaints Commission Act, and the National Securities Agencies Act.
