The First Constitution Of Nigeria: Who Drafted It?

who wrote d first constitution in nigeria

Nigeria has had many constitutions, reflecting the country's long and complex history. The first constitution of Nigeria as an independent sovereign country was the 1960 constitution, also known as the Independence Constitution. This constitution was enacted by a British Order-in-Council and came into force upon the country's independence from Great Britain on October 1, 1960. However, some sources cite the 1922 Clifford Constitution as the first constitution of Nigeria, as it introduced the country's first electoral system.

Characteristics Values
Date Enacted 1 October 1960
First President Nnamdi Azikiwe
Type of Government Parliamentary system of government
Head of State Queen Elizabeth II
Number of Regions 3
Legislative Framework at Federal Level Two-tier (the Senate and the House of Representatives)
Legislative Framework at Regional Level Two-tier (the House of Assembly and the House of Chiefs)
Author(s) A British Order-in-Council
Amendments 2011, 2017, 2023

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The 1954 Lyttleton Constitution

Nigeria has had many constitutions, with the country's structure and composition being a legacy of British colonial rule. The 1954 Lyttleton Constitution, named after Oliver Lyttleton, was a revision of the 1951 Macpherson Constitution and firmly established the federal principle. This constitution paved the way for Nigeria's independence from Great Britain and promoted regional sentiments among Nigerians.

The Lyttleton Constitution was a result of the 1953 London and 1954 Lagos constitutional conferences. It maintained the veto powers of the Governor-General and the Governors, allowing them to reject any ordinance passed by the Central Legislative Council and to use their reserved powers to force a law to be passed, even against the will of the majority of the Central Legislative Council. The Lyttleton Constitution also established a Central Executive Council, with membership drawn from the three major regional political parties in existence.

One of the disadvantages of the Lyttleton Constitution was that it did not provide for the office of a Prime Minister to deputise for the Governor-General in their absence. This resulted in fewer meetings of the Federal Executive Council as, in the absence of the Governor-General, there was nobody to lead the meetings. The Lyttleton Constitution also did not allow for a uniform electoral system for the entire country, with some areas using direct elections and others using indirect elections.

The Lyttleton Constitution was an important step towards Nigeria's independence and the establishment of a federal structure, but it had its limitations and disadvantages, which led to further constitutional revisions in the following years.

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The 1960 Independence Constitution

Nigeria has had many constitutions, owing to its diverse nature and the resulting challenges in forming an effective constitution. The country's structure and composition are a legacy of British colonial rule, with its current form of government being the Fourth Nigerian Republic.

The 1960 Constitution provided for a parliamentary system of government, recognising three regions: the Northern, Western, and Eastern regions. It established a two-tier legislative framework at both the federal and regional levels. At the federal level, this consisted of the Senate and the House of Representatives, while at the regional level, it included the House of Assembly and the House of Chiefs. The Prime Minister, elected by the Federal Parliament, was to be the Head of the Federal Executive Council.

Under the 1960 Constitution, Nigeria retained Queen Elizabeth II as its titular head of state, with Nnamdi Azikiwe serving as the representative Governor-General. This constitution was short-lived, as it was replaced on 1 October 1963, the third anniversary of Nigeria's independence, by a new constitution that abolished the monarchy and established the First Nigerian Republic. Nnamdi Azikiwe became the first President of Nigeria under this new constitution.

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The 1963 Republic Constitution

Nigeria has had many constitutions, owing to its diversity and the country being "one of the world's most deeply divided countries" with widespread political corruption. The 1963 Republic Constitution was the first constitution of the First Nigerian Republic, which lasted from 1963 to 1966. The First Nigerian Republic was a federal form of the Westminster system.

There has been a clamour to return to the 1963 Republic Constitution, with one of its features being the structure of regionalism. It also had true federalism, which is lacking in the current system.

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The 1979 Constitution

Nigeria has had many constitutions, owing to its long and tumultuous history of political corruption, military rule, and constitutional amendments. The 1979 Constitution, which established the Second Nigerian Republic, was drafted by a group of people known as the Constitutional Drafting Committee. It was written following the assassination of Nigerian military head of state, General Murtala Mohammed in 1976, and the subsequent transition process to terminate military rule initiated by his successor, General Olusegun Obasanjo.

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The 1999 Constitution

In addition to protecting individual rights, the 1999 Constitution defines the national capital, 36 states and their capitals, and 774 local government areas within Nigeria. It establishes a federal system of government with a legislative, executive, and judicial branch, and it vests legislative powers in a National Assembly consisting of a Senate and a House of Representatives. The constitution grants the National Assembly the authority to make laws for "peace, order, and good government of the Federation."

Since its enactment in 1999, the constitution has undergone several amendments. The first modifications were made in January 2011 by President Goodluck Jonathan, and further amendments were implemented in 2017 and 2023. These changes reflect the evolving nature of Nigeria's constitutional framework and the ongoing efforts to strengthen democratic governance in the country.

Frequently asked questions

The first constitution of Nigeria as an independent sovereign country was the 1960 constitution, also known as the Independence Constitution. It was enacted on October 1, 1960, the same date Nigeria gained independence from Great Britain. This constitution was promulgated by a British Order-in-Council.

The Clifford Constitution of 1922 was the first constitution of Nigeria before independence. It introduced the first electoral system in the country.

The 1963 constitution, also known as the First Nigerian Republic, was the first constitution of the independent republic of Nigeria. It abolished the monarchy and established the country as a republic.

The 1979 constitution, which established the Second Nigerian Republic, was written by a group of people known as the Constitutional Drafting Committee.

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