In
answering the above question, one may need to know briefly what is a
constitution and the entity called Nigeria. A constitution is a body of
rules, which regulate the conduct of people and government or
organization and its members. But for Nigeria, it is a political entity
that is a product of the British colonial rule in this part of West
Africa in 1861. The country is made up of people with different ethnic,
religions and cultural background before the interruption of their
individual social processes. They were autonomous and freed societies or
groups with their own peculiar and relative administrative system which
were not codified in writing but served the desired purpose of
administration.
Until
the amalgamation of Nigeria in 1914 by Lord Lugard, established the
Nigerian Council the country was administered separately as Northern and
Southern protectorate and the Lagos Colony. Under this new arrangement
the country was now brought under a central administrative system under
the leadership of Lord Lugard as the Governor-General, representing the
King of England with the necessary delegated powers to administrate.
The constitutions development of Nigeria was
an evolutionary process of different constitutions before and after the
independence. The pre-independence constitutions of Nigeria were body
of rules impose on the people by the British government. This, there
were agitations by Nigeria elites, opposing the different constitution
and style of administration.
NIGERIA PRE-INDEPENENCE CONSTITUTIONS
The Clifford Constitution of 1922: The
pre-independence constitution was faced with several review and
adjustment for the purpose of administrative convenience. The first
pre-independence constitution in Nigerian was the Clifford constitution
of 1922. This constitution introduce the elective principle by the town
council composed of forty-six members, twenty seven of whom including
the governor ere official members of the remaining nineteen in official
members fifteen were nominated by the Governor while only four were
elected. And three of the elected seats were allocated to Lagos and one
to Calabar. In total, there were ten Africans in council and four of
them were elected.
Apart
from the Legislative council, as advisory body was also established to
be known as the executive council with membership of twelve people under
Article 4 of the Royal Instruction of 19922. The council had no African
as a member until the appointment of two African in the council in
1943.
The
constitution supported the division of the Northern and Southern
provinces of the protectorate. The legislative council had competence to
legislate only on expenditure of money in the Northern provinces. While
it was the prerogative of the Governor to legislate for their territory
by proclamation.
The
Lieutenant Governors of the Northern and southern province were member
of the legislative council by virtue of being members of the executive
council
Under
this constitution, though the legislative was given the power to
legislate matters of peace, order and good governance for the colony and
southern province of Nigeria, the Executive council wielded by advising
the Governor on policies. The unofficial and elected Africans were
subject to re-nomination, the member of the Executive council.
The Richard constitution 1946:
Prior to the Richard constitution of 1946, there were series of
political and economic agitating by Nigerian, propelled by the
Nationalist activities propagated by the Nigerian youth Movement
particularly by elites who were alienated from participation in their
own affair and government by the colonial government. Therefore, there
were press propaganda, activities of trade union movements and general
strike in 1945.
By
I January 1947, the Imperial Order and Council referred to as the
Richard Constitution came into force. It was based on a proposal
contained in a white paper that was approved by the Nigerian council,
amended by the imperial parliaments before passed into law. The object
of the Richard constitution where to promote the unity of the country,
provide adequately for the desire of diverse elements which made up the
country and secure greater participation by Africans in the discussion
of their own affairs
This
constitution brought the North and South under a single legislative
authority for the first time. The good thing about this was that for the
first time over 33 years of the formative stage of Nigeria that the
North and South were denied a common legislative ground and experiences
fundamental for creating a common and united country.
The
1946 constitution provide for an unofficial African Majority in
Legislative Council of twenty-five appointed and four elected. Dividing
the country into three regions of North. East and west and each of the
regions had their legislative council as well as House of chiefs for the
northern and western regions.
For
the elective principle as introduced by the 1922 constitution the
structure was the same, still four elected Africans for Lagos and
Calabar and the only difference was that income requirements for
election was reduced to 50 pounds by the election regulation of 1946.
under Richard’s constitution the Governor, reserved the power of
legislation by certification, suffice to say that if the legislative
council refuse measure proposed by Governor and his officials, the
constitution create a new council but ways similar to that of the 192,
except that in1943 and1949 one Nigeria each was appointed into it as
members of the Executive council .Regulation House of Assembly was
assigned specific and distinct functions.
The
Richard constitution linked the Native Authorities with the Regional
Assemblies and through the Regional Assemblies to the Central
legislative. It Regional councils were the organs for nominating
representative to the legislative council. Regional House of Assembly
was assigned specific and distinct functions
Despite
some of the progresses that Richard constitution achieve a lot was yet
undone, hence the opposition by the Nigeria political elites, who felt,
that the constitution was another imposition, aspirations. Executive and
Legislative councils were still advisory bodies and the Regional
Assemblies had no power to legislate but a mere “deliberating and
discussing” assemblies. Ethnicity was further orchestrated in the
Nigeria polity due to regionalization of the political structure. And
Executive and legislative councils were subject to the control of the
imperial parliament.
Undoubtedly,
the grievances against the Richard Constitution of 1946 predicated upon
its demerit were justifiably supportive of change. The turnout of
events after the second. World war of 1945 led to rapid increase in
National Movement, and risen in number of educated Nigeria. By 1948 the
Richard constitution was truncated.
The McPherson constitution 1951: this was the constitution after Richard constitution; there was debate at a general
The
constitution gave legislative authority on specific matters to the
Regional houses contrary to that of the Richards constitution. This
authority was also limited, as regions had no exclusive competence over
matters specifically assigned to it by constitution. While the central
legislative had an unlimited power to veto propose legislations at the
region .the constitution established Executive councils at regions as
well as at the centre, which was later, otherwise called council of
Ministers.
The
constitution made the Region to greatly depend on the centre .The
control of Revenue was according to provision of the Revenue order in
council 1951, where payment to the Regions by the centre was stated.
Here the second chamber of legislature (House of chiefs) provided in the
west a boost to representational government. And for the first time the
Nigeria civil service was recognised through the civic service
commission.
In
the process of constitutional evolution in the pre-independence era,
every new constitution was always with the intention to make good the
fowl areas of the previous, yet they too were the answer. Thus the
McPherson constitution of 1951 was rejected for its numerous defects.
Amongst
them was the indirect election of members to the central legislative
council, the political crises of the East Regions House Assembly in 1953
raised by Chief Anthony Enahoro. Moreso the McPherson constitution
recognised politics instead of centralizing it with the three major
political parties i.e. Northern people congress *NPC(, Action Group(AG)
and the National council for Nigeria Citizens (NCNC) were only effective
in the North, west and east respectively. Simply put it failed to
create true federalism.
The Littleton constitution of 1964: this
was predicated on failures of the 1951 constitution as a result of the
London conference of 1953 and Lagos conference of 1954 .evidently for
the first time there was introduction of the principle of separation of
power in the Nigeria Government .Governor-General and Governors were no
longer part of legislative, and
thus federation was adopted where power was shared for the central and
regional government by the constitution and the exclusive list
and Residual list respectively also goes to emphasis it. Office of the
speaker and a deputy speaker were created .the council of Minister was
compose, Governor-General as president.
Revenue
Allocation to regions was on the basis of derivation, Lagos was
officially declared as the federal capital Territory. And Nigeria elites
were given better opportunities to participate in the Administrative of
the country.
NIGERIAN POST-INDEPENDENCE CONSTITUTION
The independence constitution 1960: This
was consequent upon the 1958 constitution conference held before
independence. It was convenience to consider other reports of the
Minorities commission and the Fiscal commission and to consider other
matters outstanding attended by various political parties.
Here
power was transferred from an appointed Governor-General of the
Federation and Governor of Regions to Federal Prime Minister and to
Regional Prime Minister. It was not radically different from the 1954
constitution. The Queen of England was still head of the Nigeria
government represented by Governor-General Dr. Nnamdi Azikiwe.
Nigeria
became a full-fledged federation with three regions, and there was now a
bi-cameral legislature for the three regions with fundamental human
rights entrenched in the constitution and emergency powers conferred on
the federal government, which it can evoke to declare a state of
emergency. The Governor –General appointed as the prime Minister. The
leader of the majority party in the House of Representative, Sir Tafawa
Balewa of the (NPC) was appointed the first prime minister in Nigeria.
The 1963 constitution:
Like other constitution. The 1960 constitution has its defect. After
the independence two years later, political crises began to rear its
ugly head in Western Region.
Therefore,
the Queen of England under the new Constitution who no longer the Head
of state and the constitution established the federal Republican
government of Nigeria, the supreme court of Nigeria became the highest
court of Appeal instead of the Privy Council in London. The formula for
revenue allocation was no longer based on deviation but in need,
national interest and even development. Thus a fourth region the
Mid-West region was created. And a National Assembly made up of the
president, the Senate and the House of Representative was established.
Unfortunately
this indigenous republican constitution suffered from the political
mechanization and interest of majority groups in the country, which was
centred on power control and economics benefit. Northern Nigeria had a
large population and territory and no thanks to the colonial
constitution. Consequently there was deep rivalry between the ethic and
regional groups. This
constitution ended with the first republic due to the Western Region
Action Group crisis of 1963, the census of 1962-64, wage labourer strike
of 1963, the 1964/65 federal elections and the western region election
1965. Leading to a military overthrow of civilian government in January
15, 1966. This was also due to the lack for constitutionality by
political class, there was on separation of power, no checks and balance
and the independence of the Judiciary was absent because the judicial
service commission no longer appoint judges.
The 1979 constitution: The
imperfection of the 1963 constitution made the people to desire a new
constitution, which gave rise to the 1979 constitution, 13 years after
military rule that there was a new civilian government in Nigeria. The
constitution was drafted by a 49 member committee headed by chief Rotimi
Williams in 1975 and was later ratified by the constituent Assembly IN
1978. Its outcome formed the framework for the 1979 constitution. And
for the first time in Nigeria this constitution in its preamble and
section (2) states that Nigeria shall be an indivisible, in dissolvable
sovereign Nation under God.
And
to achieve this, the constitution consolidated power at the centre a
usual centralizing and standardizing tendencies of a military
government; there was a federal constitution for Nigeria while the
constitution of the federating states was abolished. With this
development the other tires of government now have to organize their
governments with the co-ordination of the power at the federal or
central government.
Under
the 1979 constitution the composition of government or any of its
agencies were expected t be done in such a manner that would indicate
the federal character of Nigeria, to promote national loyalty and to
also prevent any one, group, state, ethnic or religious section from
equity and fairness in the country.
The
1979 constitution replace the former parliamentary system of government
with the American styled presidential system, providing direct election
for the president and state governors and deputies via president and
the principle of balance of power was adopted. The following bodies were
established by the constitution-the Council of State, National Economic
Council, Federal Electoral commission, Federal Civil Service
Commission, police Civil Commission, public Complaints Commission,
Nigeria Security Organization, National Security Council and National
Defense Council.
Amongst
a few of the defects f the 1979 constitution was that the presidential
system was too expensive to maintain. There were clash of conflict
between the executive and the National Assembly. Its impeachment clause
was too flexible and had the propensity to lead to instability like the
breach in procedure- constitutionally ultra vires action of removing
Alhaji Balarabe Musa from office as the then Kaduna State Governors,
corruption and abuse of offices were on the increase especially as
lobbying was legalized. As a result on December 1983, three months into
the second term of the ruling National Party Nigeria (NPN), the
government in power at the centre that major-Gen Buhari in a bloodless
coup deposed it, and all political activities and the 1979 constitution
was suspended.
The 1999 constitution:
until 15years later the Nigerian polity was dictated by the military
because there was no civilian government. And for the purpose of
political transition the present 1999 constitution was evolved. It was
an off shot of the supposed 1998 constitution and the 1979 constitution
which was nibbed in the bud as a result of the death of Gen. Sani
Abacha.
And
consequent upon the political agenda of self –succession plot by the
late Gen. Sani Abacha, the conference report and the drafted
constitution differed so greatly that it was disowned and rejected by
the conference delegates. It was after the death of Abacha on June 8
1998 that the new military leader Gen Abdusalam Abubakar quickly
re-organised the entire political class to pave away for a democratic
government in Nigeria. Hence the appointed a constitution Review
Committee headed by Justice Niki Tobi to review the 1998 draft and was
passed as law by the Military council on 1999.
Therefore,
from the manner in which this constitution was written, the 1999
constitution is yet to find a solution to current intra and
inter-governmental relationships, ethnic and other social imbalances in
Nigeria.
SUMMARY
There
is no doubt that the constitutional development process in Nigeria from
pre-independence to the post of era is very interesting; bring to mind
the different contributions to the political and administrative progress
in Nigeria. The pre-independence constitutions were largely to promote
the economic interest of Britain. But until the 1940s that there were
growing agitation from the people to participate in decision making
process and the self-government. All through this era power of
government right from 1922 was centralise even though their colonial
administrative representation in the southern protectorate and Lagos
colony. Which was due to the desire for power by man and administrative
convenience of the colonial government? The power of the centre was a
absolute, administrative duties and other function of government was
done by regulations.
The
principle of separation of power was absent in the pre-independence era
.thus the chief executive or Governor-General could seat at the
legislative with so much powers to even reject or frustrate laws made by
the legislative if not in his interest. The executive council member
had an indirect influence over the influence one of the legislative via
the Governor-Genera. Executive Council members were appointed into
office with the legislative later enjoyed the elective principle as
introduced by Richard constitution in 1946.
Effort
of the early political parties to have political power in the
pre-independence period, their role supported the regionalization of the
country along three lines, propagating political domination of the
minority by the majority at the regional level while where was still
more power in disguise concentrated at the centre, that the central
legislative had unlimited powers to veto the legislation from the
region. The regions therefore greatly depend on the centre, that he
control Revenue was according to the Review order of 1951, were the
provision for showing revenue was stated using the principle of
derivation.
Upon
the consequence of having much power concentrated at the centre, the
pre-independence constitution of 1954 did try to arrest the imbalance by
providing for the exclusive and resident list defining the areas to
which the central government, that of the central government to
overrides the regions. Each region was sub-divided into provinces and a
further divide into districts where administrative power and authority
of government would befell. But with the political and power
distribution arrangements in the later years of pre-independent Nigeria
government was near a quasi-unitary system even with the introduction of
democratic process in the late 1950’s.
There
was exercise of excess power at the centre. That government of the
federation was given the power to declare state of emergency in any part
of the regions if there was brake down of law and other, subject to
abuse.
In
comparison the post-independence constitutions of Nigeria had no much
difference with the pre-independence constitutions visa-avis as it
affects the centralization of power at the centre, Except that they were
among other reasons purely indigenous. Since it is government objective
to have a united and indivisibility entity of Nigeria, the
post-independence constitutions have to centralize power at the center.
The seceding Eastern Nigeria 1967-70 went that far because of the region
structure that aided mobilization at that level.
Like
the per-independence constitution of 1963, the 1999 post independence
constitution allows the federal government the power to declare a state
of emergency in any part of the country. States like the regions have
more domestic powers and therefore subjecting themselves to the total
submission of the federal or central government.
The
arrangement was condemned by the non- Igbos particularly the Hausa’s
fear of Igbo domination. And there was a northern counter coup, which
removed Gen-Ironsi and brought Gen- Yakubu Gowon. Ironically the power
centralization was still the same, but divided the country into twelve
state structure abolishing the regions. Suffice to say that this further
weakling the regions with the federal military government having more
powers.
The
1979 and 1999 constitutions with regards to Exclusive and Concurrent
list there further promote a stronger government at the national or
centre like the 1963, where the exclusively contain the list of matters
that the federal legislative can legislate on exclusively while the
concurrent list is for both the National Assembly and well as the
individual State Houses of Assembly. But where there are conflict of
interest that of the federal government overrides.
The
1979 and 1999 constitution support the land use Act of 1979. Which oust
the jurisdiction of any court to amend or review it. This has permitted
the financial strength of the federal government were all resources in
and beneath the ground belongs to it. This had resulted over the years
in the clamour for change in the revenue allocation formula for the
country where the federal government receives more than half of the
total Revenue received by Nigerian governments. But the federal
government justifies its position on the ground that it had more
responsibilities than the individual state put together. The internal
and external affairs ministries are directly under the control of the
federal government to the extent that states cannot directly embark on
international relations and businesses without going through federal
agencies.
Furthermore
the 1999 post independence constitution on security centralized the
Nigeria police that no state government have control or can give
directive to the police commissioner in their respective state without
the federal government involvement. This development has encourage the
clamour for state police to bring police commands under each state
government, like the pro-independence period of the 1950 when there were
regional police
Consequently
centralization of both economic and political power at the federal or
centre government in Nigeria, people now clamour for power shift and
from one political regions to another an alternative to balance the
infrastructure and economics imbalance of various disadvantaged states
or political zones. Hence the call on the federal government to convene a
sovereign national conference to correct the may defects in the
Nigerian social, political and economic distributions of the country
which federal government is adverse to the fear of balkanization of the
Nigeria state.
CONCLUSION
Power
in the pre- dependence and the post- independence constitution
adjustment or development had not indicated any sincerity on the party
of the centre or federal government to divulge power to other tier of
government as the federal executive and legislative arm of government
had much power o themselves. Suffice to say that no significant change
or improvement has been made to practically share power with other tiers
of government. Colonial administration and post-independence
governments centralize its control of power, supported by the various
constitutions
The
reasons are to ensure a one and indissoluble stat. but the efforts to
unite the people by government with a stronger federal government
through it federal character policy of representative is yet to be a
panacea for the federating units because development has been very
uneven among various states and zones and the poor economic situations
of the country. But this notwithstanding, if power must be share
adequately between the centre and the federating units, reducing over
centralization of power at the centre, the other tiers of government
must be ready to increased their responsibilities and
established that more power at the state and local government level
would not jeopardize the corporate existence of Nigeria.
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