Assignment

Pre-independence Nigerian constitution

The pre-constitutions were those enacted for Nigeria by the colonial masters prior
to her independence. These include:
I. 1992 Clifford Constitution
II. 1964 Richards Constitution
III. 1951 McPherson Constitution
IV. 1954 Littleton Constitution
Post-independence Nigerian Constitution
Upon granting independence on October 1, 1960, Nigeria has enacted several
other constitutions as:
i. The 1960 Independence Constitution of the Federation of Nigeria
ii. The 1963 Republican Constitution of the Federal Republic of Nigeria
iii. The 1979 Constitution of the Federal Republic of Nigeria
iv. The 1989 Constitution of the Federal Republic of Nigeria
v. The 1995(Draft) Constitution of the Federal Republic of Nigeria
vi. The 1999 Constitution of the Federal Republic of Nigeria

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INTRODUCTION
The pre-independence Nigerian constitution represents a pivotal era in the
nation's history, marking the transition from colonial rule to the pursuit of self-
governance and sovereignty. Prior to gaining independence on October 1, 1960,
Nigeria was subject to a series of constitutional frameworks imposed by its
colonial masters, primarily the British. These pre-constitutions, including the
Clifford, Richards, McPherson, and Littleton Constitutions, laid the groundwork for
governance structures in Nigeria, shaping the political landscape and setting the
stage for the country's eventual independence. Despite their limitations in
providing full autonomy and representation to Nigerians, these early
constitutional documents played a crucial role in defining the relationship
between the colonial administration and the indigenous population, as well as in
shaping the trajectory of Nigeria's constitutional development. Understanding the
pre-independence Nigerian constitution is essential for grasping the complexities
of Nigeria's journey towards self-rule and its subsequent efforts to establish a
democratic system reflective of its diverse society.
PRE-INDEPENDENCE NIGERIAN CONSTITUTION
Background to Colonial Rule:
 Prior to colonization, the area now known as Nigeria was home to diverse
ethnic groups, each with its own systems of governance, customs, and
traditions.
 British colonialism in Nigeria began in the late 19th century, with the
consolidation of British control over various regions through treaties,
military conquests, and diplomatic maneuvers.
The pre-independence Nigerian constitutions were legislative frameworks
established by colonial powers before Nigeria gained independence. It
reflects the complex interplay between colonialism, nationalism, and the struggle
for self-determination in Nigeria's history. Some of these constitution includes:
I. 1992 Clifford Constitution
II. 1964 Richards Constitution
III. 1951 McPherson Constitution
IV. 1954 Littleton Constitution

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1. Clifford Constitution (1922):
 The Clifford Constitution was introduced in 1922 by British colonial
administrators in Nigeria.
 Named after Governor Sir Hugh Clifford, the Clifford Constitution was
Nigeria's first formal constitution.
 It established a legislative council for the colony of Nigeria, with limited
Nigerian representation.
 The constitution divided Nigeria into three regions: Northern, Western, and
Eastern, each with its own legislative council.
 However, power remained largely centralized in the hands of British colonial
administrators, with little autonomy granted to Nigerians.
2. Richards Constitution (1946):
 The Richards Constitution was enacted in 1946, under Governor Sir
Arthur Richards, the Richards Constitution expanded Nigerian
representation in government, albeit with a limited franchise.
 The constitution also introduced the principle of regionalism, creating three
regions with their own legislatures and executive councils.
 Despite these developments, real power still resided in the hands of the
British colonial administration, and Nigerian aspirations for self-governance
continued to grow.
3. Macpherson Constitution (1951):
 The Macpherson Constitution, introduced under Governor Sir John
Macpherson, further expanded Nigerian participation in government.
 It continued the trend of limited Nigerian participation in government,
with an expanded Legislative Council and a slightly broader franchise.
 It established a federal system with three regions: Northern, Western, and
Eastern Nigeria, each with significant autonomy.

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  However, ultimate authority remained with the British colonial
administration, leading to continued agitation for greater self-governance by
Nigerian nationalists.
4. Lyttleton Constitution (1954):
 The Lyttleton Constitution, named after Oliver Lyttleton, the British Colonial
Secretary, was enacted in 1954.
 It significantly expanded Nigerian representation in government, allowing
for the election of members to the federal legislature and regional
assemblies.
 The constitution also granted more autonomy to the regions, empowering
them with control over certain policy areas.
 Despite these concessions, the British retained control over key aspects of
governance, and demands for full independence continued to mount.
Impact and Legacy of the Pre-Independence Nigerian Constitution:
 The pre-independence Nigerian constitutions laid the groundwork for
Nigeria's political evolution and eventual independence in 1960.
 While they provided incremental advancements in Nigerian representation
and autonomy, they were ultimately products of colonial rule and fell short
of satisfying nationalist aspirations for full self-governance.
 These constitutions shaped Nigeria's post-independence governance
structures and continue to influence debates around federalism,
regionalism, and the balance of power in the country.

POST-INDEPENDENCE NIGERIAN CONSTITUTION

These post-independence Nigerian constitutions reflect the country's evolution
from colonial rule to independence and the challenges and aspirations of its
people in building a democratic and prosperous nation.
Below shows an overview of each of the post-independence Nigerian
constitutions:

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1. 1960 Independence Constitution of the Federation of Nigeria:
 The 1960 Independence Constitution was Nigeria's first constitution as an
independent nation.
 It was based on the Westminster model of parliamentary democracy
inherited from British colonial rule.
 The constitution established Nigeria as a federal state with a parliamentary
system of government, comprising a bicameral legislature, executive
council, and judiciary.
 It provided for a ceremonial president, a prime minister as head of
government, and regional premiers.
 The constitution granted significant autonomy to the regions, which had
their own constitutions and governments.
2. 1963 Republican Constitution of the Federal Republic of Nigeria:
 The 1963 Republican Constitution was enacted after Nigeria became a
republic on October 1, 1963.
 It replaced the previous parliamentary system with a presidential system of
government, with a president as both head of state and head of
government.
 The constitution maintained the federal structure, with a bicameral
legislature consisting of a Senate and a House of Representatives.
 It also abolished the monarchy and the position of Governor-General,
replacing it with an elected president.
 The regions were renamed as states, and the constitution allowed for the
creation of new states by the federal government.
3. 1979 Constitution of the Federal Republic of Nigeria:
 The 1979 Constitution was promulgated following the end of military rule
and the transition to civilian rule.
 It established Nigeria as a federal republic with a presidential system of
government, similar to the 1963 constitution.
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  The constitution provided for a separation of powers among the executive,
legislative, and judicial branches of government.
 It guaranteed fundamental human rights and freedoms and established the
framework for democratic governance.
 The 1979 Constitution introduced the concept of a four-year term for the
president and governors, with a maximum of two terms.
4. 1989 Constitution of the Federal Republic of Nigeria:
 The 1989 Constitution was a proposed amendment to the 1979
Constitution, but it was never formally adopted.
 It aimed to address various issues and shortcomings identified in the 1979
Constitution.
 However, due to political controversies and disagreements, the proposed
amendments were not implemented, and the 1979 Constitution remained
in force until it was suspended by military regimes.
5. 1995 (Draft) Constitution of the Federal Republic of Nigeria:
 The 1995 Draft Constitution was an attempt to revise the 1979 Constitution
and address emerging challenges facing the country.
 It proposed significant changes to the governance structure, including the
introduction of a modified parliamentary system and a new revenue
allocation formula.
 However, the draft constitution was never formally adopted due to political
disagreements and the subsequent military intervention.
6. 1999 Constitution of the Federal Republic of Nigeria:
 The 1999 Constitution is the current constitution of Nigeria, enacted on
May 29, 1999, following the transition from military to civilian rule.
 It establishes Nigeria as a federal republic with a presidential system of
government, similar to previous constitutions.

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  The constitution guarantees fundamental human rights, outlines the
powers and responsibilities of the federal and state governments, and
establishes the framework for democratic governance.
 It has undergone several amendments since its enactment, aimed at
addressing various issues and enhancing democratic processes in Nigeria.

CHARACTERISTICS OF THE POST-INDEPENDENCE NIGERIAN CONSTITUTION

Upon gaining independence on October 1, 1960, Nigeria adopted its first post-
independence constitution, which marked a significant departure from the pre-
colonial and colonial governance frameworks. Below show some detailed features
of the post-independence Nigerian constitution:
1. Federal Structure: The post-independence Nigerian constitution established a
federal system of government, dividing the country into regions and later
states. This federal structure aimed to balance power between the central
government and regional administrations, allowing for greater autonomy and
representation at the regional level.
2. Westminster Model: The constitution was largely based on the Westminster
parliamentary system inherited from British colonial rule. It established a
bicameral legislature consisting of a House of Representatives and a Senate,
along with a parliamentary executive led by a Prime Minister.
3. Executive Branch: The executive authority was vested in the Prime Minister
and his Cabinet, who were responsible for administering the affairs of the
government. The Prime Minister was appointed from the majority party in the
House of Representatives and served as the head of government.
4. Legislative Branch: The legislative branch comprised the bicameral National
Assembly, consisting of the House of Representatives and the Senate.
Members of the House of Representatives were elected through a first-past-
the-post system, while senators were appointed by regional legislatures.
5. Judicial Branch: The post-independence constitution established an
independent judiciary tasked with interpreting the law and adjudicating
disputes. The Supreme Court served as the highest court of appeal, while
lower courts were established at the federal and regional levels.
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6. Bill of Rights: The constitution guaranteed fundamental rights and freedoms
to Nigerian citizens, including the right to freedom of speech, assembly,
religion, and movement. It also provided for equality before the law and
protections against discrimination.
7. Amendment Process: The constitution included provisions for its own
amendment, outlining the procedures and requirements for making changes
to its provisions. Constitutional amendments typically required a two-thirds
majority in both houses of the National Assembly and the assent of the
President.
8. Emergence of Political Parties: With the adoption of the post-independence
constitution, Nigeria saw the emergence of political parties representing
diverse interests and ideologies. The major political parties included the
Northern People's Congress (NPC), the National Council of Nigeria and the
Cameroons (NCNC), and the Action Group (AG).
9. Challenges and Amendments: Despite its establishment, the post-
independence constitution faced challenges, including political instability,
ethnic tensions, and military interventions. Over the years, the constitution
underwent several amendments and revisions to address these challenges and
adapt to changing political realities.
The post-independence Nigerian constitution established the foundation for
democratic governance in the nation, shaping its political institutions and
processes in the years that followed. However, its effectiveness and legitimacy
have been questioned, particularly in light of Nigeria's complex socio-political
landscape and its history of governance challenges

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CONCLUSION
The pre-independence Nigerian constitution and the post-independence Nigerian
constitution have played pivotal roles in shaping the country's political landscape
and governance structures. The pre-independence constitution, characterized by
a series of colonial-era documents like the Clifford, Richards, Macpherson, and
Lyttleton Constitutions, laid the groundwork for governance in Nigeria,
recognizing its diversity and setting the stage for independence in 1960. On the
other hand, the post-independence constitution established the foundation for
democratic governance but has faced scrutiny due to challenges within Nigeria's
socio-political environment. Despite these challenges, both constitutions have
been instrumental in defining Nigeria's journey towards self-rule and democratic
governance. The evolution from pre-independence constitutional frameworks to
post-independence democratic structures reflects Nigeria's complex history and
ongoing efforts to establish a system that represents its diverse society while
addressing governance challenges

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REFERENCES
1. Nwabueze, Ben. "Nigerian Law of Constitutional Development." Spectrum
Books Limited, 1982.
2. Okonkwo, Remigius. "Essays on Nigerian Constitutional Law." Nigerian
Institute of Advanced Legal Studies, 2004.
3. Jegede, Ayodeji. "Nigeria's Fourth Republic and the Unfinished Agenda of
Democratic Consolidation." Routledge, 2019.
4. Anifowose, Remi. "The Politics of Nigeria's Second Republic." Nok Publishers
International, 1982.
5. Suberu, Rotimi, et al. "Federalism and Political Restructuring in Nigeria."
Routledge, 2017.
6. Oyovbaire, S. "Nigeria: The Politics of Adjustment & Democracy." Malthouse
Press Limited, 2000.

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