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COAL CITY UNIVERSITY ENUGU FACULTY OF SOCIAL, ART AND MANAGEMENT SCIENCES DEPARTMENT OF POLITICAL SCIENCE LECTURE NOTE ON PSC 111 - CONSTITUTIONAL DEVELOPMENT. COURSE LECTURER: ANIKEZE NNAEMEKA HILLARY. General Objectives of the Course The course introduces students to pre colonial and colonial administrations in Nigeria, the meaning and nature of constitution and constitutionalism, pre independence constitutional development in a chronological and sequential order with emphasis on colonialism. The independence constitution, the Republican constitution and the 1979, 1989 and 1999 constitutions. COURSE CONTENTS/OUTLINES Meaning and Nature of Pre-Colonial Administration Colonialism and Colonial Administration in Nigeria The Indirect Rule System Constitution and Constitutionalism Constitutional Development in Nigeria Revision Questions Conclusion / Summary References / Recommended Texts and other Materials MEANING AND NATURE OF PRE COLONIAL ADMINISTRATION Before the coming of the white man, the various units had one form of political administration or the other. These various groups maintained social, economic, political and cultural differences and were autonomous Thus, pre colonial political system is the various forms of political administration already existing before the advent of colonial rule. To Egbo S. (2011) Pre colonial system of administration refers to the political institutions, structures and units of government which existed in Nigeria/ Africa prior to the advert of the colonialists. Characteristics of Pre-Colonial Administration (1) There was fusion of power as executive, legislative and judicial functions rested in the hands of paramount ruler and his chiefs while the body guard of the paramount ruler maintained peace and order in the kingdom. 1

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Page 1: PRE COLONIAL ADMINISTRATION  · Web viewcoal city university enugu. faculty of social, art and management sciences. department of political science. lecture note on psc 111 - constitutional

COAL CITY UNIVERSITY ENUGUFACULTY OF SOCIAL, ART AND MANAGEMENT SCIENCESDEPARTMENT OF POLITICAL SCIENCELECTURE NOTE ON PSC 111 - CONSTITUTIONAL DEVELOPMENT.COURSE LECTURER: ANIKEZE NNAEMEKA HILLARY.

General Objectives of the CourseThe course introduces students to pre colonial and colonial administrations in Nigeria, the meaning and nature of constitution and constitutionalism, pre independence constitutional development in a chronological and sequential order with emphasis on colonialism. The independence constitution, the Republican constitution and the 1979, 1989 and 1999 constitutions.

COURSE CONTENTS/OUTLINES Meaning and Nature of Pre-Colonial Administration Colonialism and Colonial Administration in Nigeria The Indirect Rule System Constitution and Constitutionalism Constitutional Development in Nigeria Revision Questions Conclusion / Summary References / Recommended Texts and other Materials

MEANING AND NATURE OF PRE COLONIAL ADMINISTRATION Before the coming of the white man, the various units had one form of political administration or the other. These various groups maintained social, economic, political and cultural differences and were autonomous

Thus, pre colonial political system is the various forms of political administration already existing before the advent of colonial rule.

To Egbo S. (2011) Pre colonial system of administration refers to the political institutions, structures and units of government which existed in Nigeria/ Africa prior to the advert of the colonialists.

Characteristics of Pre-Colonial Administration (1) There was fusion of power as executive, legislative and judicial functions rested in the hands of

paramount ruler and his chiefs while the body guard of the paramount ruler maintained peace and order in the kingdom.

(2) The pre-colonial administration had no written constitution but the rulers relied on their tradition beliefs, customs and convention.

(3) The traditional societies of the pre-colonial political systems were democratic. Decisions were usually taken by chiefs-in-council after due consultation with lineage/clan members.

(4) There were religious and secular sanctions which prevented traditional rulers from being pyramidal in the pre-colonial administrative set up.

(5) The Hausa – Fulani empire had a centralized system of government deeply rooted in the Islamic religion, the Yoruba had a loose federation of many kingdoms though their political system provided for checks and balances on the various organs of government while the Igbo freedom had a system of social fragmentation, the people were broken up into hundreds of small independent social units which made it impossible to practice either a centralized or semi-centralised system.

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Hausa/Fulani Pre-Colonial Administration The Hausa/Fulani occupied the northern part of Nigeria. The Hausa were the original Nigerian, while Fulani migrated from the western Sudan in the 19th century into the Hausa land. The name Hausa/Fulani emerged as a resulted of a holy war Jihad which was headed by Usman Dan Fodio, a Fulani, man from the present Sokoto state in 1904.

The Fulani conquered the Hausa land and thereafter introduced emirate system of government based purely on Islamic religion. Thus, the Fulani after conquering the Hausa land, replaced all Hausa king with Fulani emirs and converted all the Hausa people to Islam.

Political Administration Hausa/Fulani Pre-Colonial SocietyThe Fulani introduced centralized system of administration after conquering the Hausa land. The Hausa/Fulani traditional government was feudalistic, hierarchical and oligarchic in nature.

The Structure of the Hausa/Fulani Political System The Executive The Hausa/Fulani empire had a highly centralized political system. The empire was divided into emirates headed by the Emir, who is both the political and spiritual head of the emirate. Each emir is expected to pay annual tribute or send part of the tax collected to the sultan. Any recalcitrant or disobedient emir can be disposed by the sultan. Emirs had executive, legislative and judicial powers according to Moslem laws.

For efficient and effective administration of the emirate, the emirs imposed the following taxes on the people or subjects.

(a) Jangali (Cattle tax) (b) Haraji (General tax)(c) And Laud tax

Each Emir had administrative officers who assisted them in the administration of the emirates. These official appointed by the emirs acted as his advisers, but the emir was never bound by their advice. The administrative officials are made up of the following. Waziri – The head of all the officials Galadima – administrator in-charge of the capital city of the emirate Madawaki – Army commander Sarkin Fada – Head of palace workers/officials Sarkin pawa – Head of all Butchers Sarkin Ruwa – Head of fishing and water resources. Doggari – Chief head of police Maaji – Head of treasury Hakimi – Officer in-charge of district administration Yari - Chief superintendent of prisons Alkali – Chief Judge of sharia government. It administer sharia laws

For administrative convenience, the empire was divided into districts and villages. The Emir appointed the Hakimi to oversee the affairs of the District while the Hakimi appointed the Heads for the villages and families. The village head was answerable to the Hakimi and paid tributes to him for onward remission to the Emir. The Hakimi maintained law and order to their respective districts and collected taxes and tributes.

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The Yoruba Pre-Colonial AdministrationThe Yoruba kingdom and decedents of Odudua. Oduduwa originally settled at Ilo-Ife. He had seven sons who later founded the first seven kingdoms of Yoruba land and these kingdoms were united under a central leader known as the Alafin of Oyo. Oduduwa after settling at Ile-Ife was then regarded as the religious headquarters while Oyo was mad the political headquarters of the Yorubas.

The Alafin of Oyo was regarded as political head and paramount Chief of all the Yorubas. The enthronement of Oba was purely based on the royal family; that is those with the royal blood of Oduduwa, their ancestral father.

Organizational Structure of the Yoruba Pre-Colonial Society Political SystemExecutive Functions:The responsibility of administering the Yoruba kingdom rested in the Oba as the Chief Executive. The Oba administered his town with the support of his Chiefs while the Chiefs carried out Oba’s Court order and decisions. The Yoruba kingdom had a system of administration that centres on checks and balances with the Oba as a constitutional monarch. The Oba ruled his people directly through the council of Chiefs while towns and villages were ruled indirectly under the authority of the Baale whose appointment was usually approved by the Oba. The Baale pays allegiance to the Oba. The council of Chiefs acted as advisory body to the Oba, though their advice were usually taken by the Oba unlike the case of the Emirs. The hierarchy of the governmental organ in the Yoruba kingdom are as follows: Oba Oyemesi (Council of Chiefs) Ogboni Fratemity (Spirituals) Aare-ona ka kanfo (war-general)

Palace officials Village and Ward heads – the age grades

Judicial Functions: The Oba and his Council of Chiefs handled judicial matters as they constitute the highest court of the land. The decisions of the Oba court cannot be questioned since decisions were always based on majority. They pass capital punishment, fine and even death sentences to those who fail to obey the laws of the land. Minor disputes/cases were usually referred to the village/ward heads for settlement. Amadi G.C (2006)

The Igbo Pre-Colonial Society Political System The Igbo political system is regarded as being segmentary and fragmented in nature. The Igbo political system was devoid of a centralized political authority. This is because the different political authority was shared among many institutions existing such as council of elders, the ofo titled holders, the age grades, the ozo title holders, family heads and lineage heads. The system can be best described as a republic with no overall head, as leadership was in the hands of council of elders. In the Igbo political system, the largest political unit was the village while the smallest political unit was the family. The village was the centre for political, economic and social life of the principal institutions like the council of elders and the village assembly, of which every male adult must belong.

COLONIALISM AND COLONIAL ADMINISTRATION IN NIGERIA

Meaning and Nature of ColonialismColonialism is the policy by which the “mother country”, the colonial power, binds her colonies to herself by political ties with the primary object of promoting her own economic advantage to secure trading routes and safe ports. ). Colonialism in Nigeria is an outright political domination of Nigeria by Britain where Nigeria was under her rulership until 1960 when Nigeria gained political independence.

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Main Reasons for Colonialism Colonialism as an adventure into the African hinterland can be attributed to a number of reasons. (1) The effect of Industrial Revolution: This is the major factor that kick-started the need for

colonialism and the policies of expansionism of that era. The industrial Revolution created the need for the following:

(i) The need for raw materials: The progress in the industrial sector went faster than the progress in the agricultural sector. The agricultural sector could not supply to the industries the needed raw materials hence, the need to look for” it elsewhere.

ii) The increased need for food: Occasioned by increased urban population vis-à-vis the decline in Agricultural production. Here was the problem of how to produce enough or adequate food to feed the fast growing urban population. In other words, the rural areas in Britain for example, were finding it increasingly difficult to produce enough field to feed the increasing urban population.

iii) The need for market: the increased in technological production, new product were produced at a faster rate than the population could consume and there was a need to find where the surplus could be marketed. Africa with her large population conditioned a target for the surplus products. These surplus products were sold to Africans and in Turn raw material was purchased by the imperialist. This particular phenomenon integrated African virgin markets into the world capitalism of the haves and have not.

iv) The need for Expansion: The industrialist accumulated more profits than they could invest back into their country consequently; there was need for a virgin ground where these surplus profits could be invested.

Methods Adopted by the Colonial Masters for Effective Colonization of Africa: For effective domination of political and economic atmosphere of the African hinterland, the European masters adopted the following measures:i) The use of conquest: Africans were conquered by the European masters in all ramifications.

The various African states or territories were conquered politically, economically, culturally, socially and enslaved. The European masters entered the African hinterland without any forms of dialogue rather African territories were forcedly annexed for the European imperialist adventure. The use of forced Labour: The advent of the colonial economic type of production Africa economy were distorted and disarticulated in such a way that the African labour force were forced were to abandoned their own type or system of production and embraced an unfamiliar type of the European power. Africans were forced to work in the colonial plantations and industries.

ii) The use of Taxation: Payment of tax was another instrument used by the colonial masters to effectively dominate and control the African hinterland. Though tax was paid in African, for example in northern Nigeria, but for southern Nigeria taxation introduced by the colonial masters was alien. The system of taxation obtainable before the advent of colonialism was that which could be paid in cash or kind. But the colonial masters made it imperative that the tax must be paid and in colonial currency.

iii) Monetization of African Economy: Before the advent of colonial rule, African economy was basically on barter system. But to effectively dominate and impoverish the African economy, the European masters introduced the use of paper money, the type that was used in their home country.

iv) Payment of Low Wages: This was another strategy used by the colonial masters to effectively dominate and control the African hinterland. With introduction of tax and monetization of the African economy, Africans were forced to work in the colonial civil service industries and plantations. This was to enable them perform their civic obligation of payment tax and also to obtain money to purchase the colonial capital goods.

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THE INDIRECT RULE SYSTEM IN NIGERIAThe dominant colonial policy in British Nigeria was the indirect rule system. The term “Indirect Rule” was an aspect of the British administrative system or policy aimed at ruling and administering her colonies in West Africa through the Native Rulers called chiefs; while the British officials were to advise, guide and where necessary enforce colonial policies.

Features of Indirect Rule:(i) Traditional rulers were used.(ii) British officials supervised/controlled the activities of the traditional rulers.(iii) There was no place for the African educated elites in the administration (i.e. the educated elites

were not adequately used in the administration)(iv) Limited franchise.(v) Lack of adequate consultation of the people before the adoption of the constitution.(vi) The governor had reserved power.(vii) No elected members on the executive council.(viii) The executive council was not responsible to the legislature(ix) The traditional rulers were poorly remunerated(x) The warrant chiefs were appointed among the Igbo to perform the same functions as the

paramount chiefs in the North and West(xi) Amalgamation of Southern and Northern protectorates into a single administrative territory.(xii) Indirect Rule was authoritarian and undemocratic(xiii) For administrative purpose, the country was divided into crown colonies, protectorates and

provinces.(xiv) There was customary courts based on the English and traditional legal system units called

Nigeria and headed by the Governor-General.(xv) The British officials had power to appoint and depose chiefs.

Structure of Colonial Administration in Nigeria (1) The office of the Governor: The administration of the British crown colonies was headed by a Governor. The Governor is the chief executive who was in charge of implementing British colonial policies. The Governor was appointed from London through the secretary of state for the colonies who resided in London.

(2) The Executive Council The members of the executive council consisted mainly of whites persons. The council consisted of official members who were departmental heads, the secretary to the colonial government and director of medical services. The function of the council was mainly to advise the governor. The council was responsible to the governor and advised him on government policies The Executive Council carried out the functions of the executive arm of government

(3) The Legislative Council As the name implies, the legislative council made laws for the colonies. It had official members, majority of who were British citizens. Oyeneye et al (Ibid) noted that the unofficial members were some African Chiefs, European Merchants and Mining representatives who were nominated into the council.

(4) The Office of the Secretary of State for the ColoniesThis office was headed by a colonial secretary. He was a cabinet minister who was accorded recognition in the British cabinet and parliament as a representative of the colonies. He was a go-between between the colonial government and British government.

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Reasons Advantages of Indirect Rule System:

In the overall context, the merits of the Indirect Rule system are:(i) For the British, the system was very cheap to run. They were able to control vast territories at

minimum cost(ii) It protected the British administrators themselves from the native social revolt which might had

erupted if they had imposed a direct rule.(iii) For the country, as a whole, the system helped to preserve the existing native forms of

government and ways of life, while at the same time purging the society of such evil practices as slavery, human sacrifice and the killing of twins

(iv) It trained Nigerians in the art of modern government(v) It regularized the payments of taxes.

Demerits of Indirect Rule System:(i) The greatest defect of the system was that it had that it had little or no place for the educated

elements who were not chiefs(ii) The experiment of appointing artificial rulers where none traditionally existed, failed because it

ran counter to the peoples custom. It also resulted in terrible abuses of power by such artificial chiefs

(iii) The native rulers were deprived of effective power to defend the interests of their people against the British overlord.

(iv) Above all, the system failed to prepare the people for modern representative government or to develop in them a new sense of natural identity as Nigerians or Ghanaians.

CONSTITUTION AND CONSTITUTIONALISMMeaning and Nature of ConstitutionLiterarily, a constitution is the system of laws and basic principles that a state, a country or an organization is governed. A constitution in general terms, is the body of rules which directly or indirectly affect the distribution of power or the exercise of the sovereign power in any nation-state. Classically, it is the collection of principles according to which the powers of the government, the rights of the governed and the relations between the two are adjusted (Bello Imam; 2007). The word constitution has been defined in different ways by scholars. According to Austin Ranney (in Ojo, 1973),“a constitution is a whole body of fundamental rules, written or unwritten, legal and extra legal according to which a particular government operates”.

Sources of Constitution 1) Convention: This is referred to as an established pattern or order of doing things that have

been in use over the years. Some government proceeding are recommended as appropriate such proceedings or patterns may be adopted while drawing a constitution.

2) National/Constitutional Conference: This is one of the pre-requisite for constitution formulation. The members of a particular state usually delegates from various part of the state come together to take decision on the best way to govern the state. Their contributions and recommendations are usually adopted after amendment and approval by the legislative. The National conference of Nigeria during the government of Goodluck Ebele Jonathan which lasted for six month: the recommendation which were compiled in three volumes (Volume I, II, & III) was proposed to serve as part of amendment to 1999 constitution.

3) Acts of Parliament: Parliament also known the legislature is the organ of government that makes the law. Act of parliament are laws made by the legislature and some of these laws, passed as bills are adopted during constitution drafting.

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4) Judicial Precedents: These are decisions take by the judges in the court. It is also called “case law” or “judge-made-law” (Onovo, 2008). A precedent may be a “declaratory precedent” in which a judge applies an existing rule of law by following a previous decision without any innovative precedent” where a judge is not bound to follow a previous decision but may consider it in taking his own decision, and or an “authoritative precedent” in which a court is bound to follow a previous decision whether he approves of it or not. Some of these precedents are adopted during constitution drafting.

5) Customs and Norms of the People: The customs and traditional practices, are generally accepted by members of the given community as binding among them. This is the way of life of the people and it is indigenous and ethnic oriented. Some of these are considered during constitution drafting.

6) Islamic Law: This is a religious law based on the Islamic faith and believes, and it is applicable to member of the faith. It is also known as Sharia law and it content is drawn from Holy book of Islam-Koran.

7) Historical Records: Some historical document such as Bill of Rights 1689. Reform Bills of 1932 etc. are source of British constitution. Information from such records like treaties could be used while making the constitution.

8) Writings of Eminent Jurist and Scholars: The text-books written by experts in law and some intellectuals and erudite scholars are one of the basic sources of constitution.

9) The People’s Referendum: The referendum and plebiscite are usually conducted before a constitution is made. By this way, the opinion and contributions of the people serve as part of constitution.

Types of Constitution 1) Written and unwritten constitution 2) Rigid and flexible constitution 3) Unitary constitution 4) Federal constitution 5) Confederal constitution

Written Constitution: The constitution may be a written, where the fundamental laws are contained in a document written at a particular time and place by a constituent assembly selected for the purpose and adopted by the electorate as a document upon which the government should operate (Onovo, 2008).

According to Okeke (2001), written constitution is one which has its specific clauses and entire provision contained in one document which could be referred to as the state’s constitution.

Merits of Written Constitution 1) It is simple and can be laid hand on any time (i.e. reference can be easily made).2) It is usually precise and consistent 3) It cannot be abused by frequent amendment.

Demerit of Written Constitution1) It is always rigid 2) It is difficult to understand by ordinary citizens are educated.3) It encourages disputes and litigations 4) It does not fit unitary system of Government 5) Unless written constitution is frequently amended 6) It cannot meet both the present and future need of the people.

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Unwritten Constitution This is the type of constitution in which the fundamental principles at the organization and power of a government are not written in one document but where many of them are followed as a matter of usage (Anikeze, 2011). The provisions of unwritten constitution were not embodied in any single document.

Merit of Unwritten Constitution 1) It is flexible or easy to change 2) It is easily understood by ordinary citizen.3) It does not encourage dispute and litigation.

Demerit of Unwritten Constitution 1) It lacks simplicity 2) Unwritten constitution is consistence 3) There is absence of precision in an unwritten constitution

Note that unwritten constitution does not only consist of the statutes and acts of the parliament but also can be influenced by common laws, judicial decisions conventions and writing of eminent layers and intellectual scholars.

Rigid Constitution Constitution is said to be rigid based on the process of amendment. A rigid constitution is one which requires a special process for its amendment are the than the ordinary law making process. The procedure for its amendment is laid down and it must be strictly adhered to. For instance in Nigeria which operate rigid constitution, require two-third majority of senate, two-third majority of the house of Representative and further the two-third majority of the state House of Assembly before the constitution can be amended

Merit of Rigid Constitution 1) It is most convenient in the operation of a federal system2) It does not allow for unnecessary change since frequent amendment is absent.3) Individuals liberty and rights are better safeguarded 4) It promote stability of government 5) Undue manipulation by over-zealous politicians who wield a lot of influence is totally absent.

Demerit of Rigid Constitution 1) It is very difficult to amend even there is need for its amendment2) There is undue delay in the amendment process.3) It does not give room for flexibility in the system.4) It is costly to operate.5) It attracts a lot of litigation between the citizens and the government.6) Minority group may not be favoured in multi-ethnic state since their quest for amendment will

not be welcomed.7) The judiciary may have too much power to decide on constitutionality of laws.

Flexible Constitution This is a type of constitution in which the process of its amendment can be easily carried out by ordinary legislative procedure. Flexible constitution is easy to amend by a simple majority. Some countries that operate flexible constitution include Britain, New Zealand, and Italy etc.

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Merit of Flexible Constitution 1) In term of urgency, it is easy to amend. 2) It operate best in unitary state3) It does not promote constant conflict and litigations between citizens and government4) It is constantly enriched with new laws so it cannot be said to be too old or out of date.

Demerit of Flexible1) It can be easily manipulated by over-zealous politicians for selfish interest 2) Due to its constant alteration, there is possibility of lacking efficiency in practice.3) It encourages dictatorship and tyrannies. 4) Flexible constitution lack consistency and precision thereby encouraging instability.5) It is always in perpetual form.

Unitary Constitution This type of constitution operates in a unitary system of government. The power of the central government is supreme and is concentrated on one central authority. Other sub-ordinate government otherwise known as local government or local authorities have no authorities can be withdrawn by the central government. Examples of countries that operate unitary constitution are Belgium, Italy, Togo, Ethiopia, Cameroons, Gambia, New Zealand, Sweden etc.

Features of Unitary Constitution 1) Powers and authority of government are concentrated in a single central government.2) The state and local government are subordinate to the central government as specified by the

unitary constitution3) It is a flexible constitution.4) The citizens owe allegiance only to the central government in unitary constitution unlike federal

constitution.5) Other authorities do not derive their power from the constitution but only from the central

government

Merit of Unitary Constitution 1) The central government is made stronger since its powers and authority were not divided among

the subordinate unit.2) Unitary constitution is flexible and easy to amend.3) The flexibility allows for quick decision and action to be taken in time of emergency.4) It fosters national unity.5) It eliminates waste of both human and material resources as a result of non duplication of

government.6) It encourages internal stability and instills the spirit of nationalism and patriotism in the citizens.7) Unitary constitution is cheap to operate, and encourage rapid economic growth of a state.

Demerit of Unitary Constitution 1) It can lead to dictatorship and tyranny2) It does not guarantee the fundamental right of the citizen because the constitution is not supreme.3) The central government can be ineffective as a result of concentration of power.4) Government is not closer to the people in unitary constitution.5) Since the constitution is flexible, it can be amended in a haste without proper consultation and in

a thoughtless manner.6) Unitary constitution is not suitable for multi ethnic nation.7) It does not encourage wider representation

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Federal Constitution This is the type of constitution in which powers and authority of the government are shared between the central government and its component units.

Features of Federal Constitution 1) Governmental powers and authority is shared between the federal government and component

units.2) Federal constitution is always written and rigid3) Allows for bicameral legislatures 4) The central government is supreme over other units.5) The constitution is supreme and other regional or state government derives its powers and

authority from the constitution.6) Organs of government are duplicated in all level of government (Federal, state and local

government).

Argument for Adopting Federal Constitution 1) It operate well in multi ethnic nation2) To promote unity among different group of a state.3) To take care of region differences 4) To take care of social and cultural differences of the people. 5) To protect the interest of the minority ethnic group.6) To maintain independence and autonomy of the component states.7) Fear of external aggression makes different ethnic group to come together 8) Vast geographical area necessitate the adoption federal constitution 9) To form central government that will promote stronger security.10) To take care of different languages.

Merit of Federal Constitution 1) Federal constitution promotes the unity of different ethnic group.2) It brings government nearer to the people 3) It encourages wider representation of the people.4) It discourages domination by the majority ethnic group and promotes equal representation by

both the majority and minority government.5) It maintains the independence and autonomy of the component regions6) The supremacy of a federal constitution and for the fact that provision and clear written

guarantee and protect the fundamental human right.7) The division of power among organs of government lead top check and balance 8) It protects the interest of the minority.

Demerit of Federal Constitution 1) It creates a weak central government since its powers are shared among component unit.2) It creates problem during the sharing of wealth among different component regions.3) The political rivalry among different governments leads to political instability.4) Duplication of powers and government leads to increase in government expenditure5) It promotes ethnic group consciousness which does not encourage peace and unity of the

country.

Argument for Adopting Unitary Constitution 1) Absence of ethnic group in a country2) Country that have common language and common culture

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3) Absence of differences in ancestry and descent.4) Absence of minority group 5) Lack of fear of majority domination of the country.6) Country that has small geographical area and small population.7) Country that the citizen shows strong loyalty to the central government.

Functions of Constitution 1) It provides a rationalized and conclusive settlement of disputes as against private vengeance and

informal social processes by which men and groups deal with dispute.2) It defines structures and powers of the government 3) Stipulates the relationship between the citizens and government4) It stipulates the rights, duties and obligations of the citizens.5) It protects the life and property of the citizens.6) It encourages stability of the state 7) It enforces morality base on social values8) The modus operandi for selecting leaders of a state are well stipulated. 9) The functions and the limitations of the power of government are stated.10) The fundamental rights of the citizen are safeguarded.11) In time of disputes or misunderstandings, the constitution serve as the final arbiter.12) It stipulates the relationship between the organs of Government.13) The constitution is the symbol of authority and statehood.

CONSTITUTIONAL DEVELOPMENT IN NIGERIA

Having understood the meaning of constitution, we can now look at constitutional development in Nigeria. However discussing constitutional development in Nigeria, the phenomenon of colonialism must not be forgotten

Factors that Aided Constitutional Development in NigeriaConstitutional development in Nigeria and any other state in Africa cannot be said to be without influencing factors. Especially is the case in Nigeria where from colonial era till date one constitution always gives way for another, usually an improvement on the former.

(1) The activities of the educated elite in Nigeria who embraced early western education formed a formidable force against the obnoxious rule by the colonial masters. Apparently, the colonial masters in Nigeria did not make use or recognized the educated elite. Consequently, the educated elite took a critical stand until independence was achieved.

(2) The Nigerian Press: The press plays a vital role in stimulating constitutional development in Nigeria. Between 1890 and 1940, the number of newspaper circulating in the country increased from one to eighteen. Remarkably, there were four Nigeria newspapers that helped to foster the nationalist cause during the period stretching from the end of the First World War in 1918 to the beginning of the Second World War in 1939. These newspapers helped to speedup constitutional development, particularly in the 1950s, by attacking the government on many issues and publishing proposals for constitutional reforms.

3. Activities of Political. Parties: The elective principle provided in the sir Hugh Clifford of 1922 opened politicking and political activities in Nigeria. This led to the formation of political parties. The emergence of activities of indigenous political parties helped immensely to foster constitutional development in Nigeria.

4. Influence of Trace Unions: The activities of trade unions were paramount in the era of constitutional development in Nigeria. Such trade unions were Federated Trade Unions of Nigeria

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(FTUN) and Nigerian Trade Union congress (NTUC). Trades Unions after the war advocated economic and social as well as political and constitutional reforms

PRE-INDEPENDENCE/COLONIAL CONSTITUTIONAL DEVELOPMENT IN NIGERIA

Sir Hugh Clifford Constitution of 1922In 1919, Lord Lugard was succeeded by Sir Hugh Clifford as Governor of Nigeria from 1919 to1925.When Clifford assumed position, he decided to review the Nigerian council established by Lord Lugard. In his opinion, the council fell short of expectations.

Main Feature of the Clifford Constitution of 19221. The most striking feature of this constitution was the introduction for the first time the elective

principle.2. It introduced new legislative council composed of Forty- six members3. It introduced divide and rule syndrome in Nigeria4. It also established an executive council.5. It introduced limited franchise. The elector for the elected members from Lagos and Calabar

were made up of male adults who were British subjects or British protected citizens having been ordinarily resident in the particular area for twelve months and having a gross income of 100 per annum

6. It increased the member of Africans in the legislative Council7. No African was appointed into the Executive Council8. The Northern Province was ruled by proclamation

Merits of the Clifford Constitution of 19221 Introduction of elective principle which created the enabling environment for political activities

thereby mobilizing the people.2. Sequel to the above, the constitution encouraged formation of indigenous political parties.3. Nigerians were elected into the legislative council

It also increased the number of Nigerians in the legislative council.

Demerits of the Clifford Constitution of 19221 One glaring defect of this constitution was its introduction of divide and rule that isolated the

Northern Province by virtually excluding the territory from the legislative council.2. In the Executive council, Africans were not represented either officially or unofficially.3. The legislative council was subordinate to the Executive Council which had no African as a

member.4. The limited franchise introduced by the constitution disenfranchised many Nigerians.5. The Constitution was imposed on the people; hence, no Nigerian was consulted before the

constitution.6. It did not provide for greater participation of Nigerians in the discussion of their own affairs.

Richards Constitution of 1946As a result of the criticisms leveled against the Clifford Constitution of 1922, in January 1947, the imperial order-in-council which is generally referred to as the Richards constitution came into force. The Richards constitution was based on the proposal which were embodied in a white paper that sir Arthur Richards submitted to the Nigerian council in 1946. The constitution as a proposal was approved by the Nigerian council and their amended by the imperial parliament. It was stipulated that the constitution will last for nine (9) years subject to minor review after every three years.

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1. The Northern province was brought within the legislative authority of a new Nigerian legislative Council established by the Richards Constitution

2. The principle of regionalism was introduced. This led to the creation of Eastern region, western and northern regions

3. Sequel to this is the establishment of regional councils for each region4. It allowed for unofficial majority in the legislative council. Also the constitution stipulated the

method of nominating the unofficial members. In 1922 the governor nominated the unofficial members but 1946 it was the exclusive duty of the Assemblies established in the three regions.

5. The governor reserved the power to legislate by certification6. The elective principle was as it was in 1922, limited only to Lagos and Calabar7. It created Houses of Assembly for the regions and House of Chiefs for only the North.8. A new executive council was created to advise the Governor. But the composition remained the

same as in 1922, though 1943 and 1949 Nigerians were appointed.9. It introduced indirect election selection of membership of each of the Regional Houses was from

the existing native authorities, which in turn selected five of its members as representatives to the central legislative council.

The merits of the Richards Constitution of 19461 It united Nigeria under one legislative council. The constitution abolished legislating for the

North by proclamation.2. The native authorities became electoral units.3. It made provision for unofficial majority in the legislative council.4. It created regional legislative which had legislative powers5. It increased the number of Nigerians in both Executive and legislative council.6. The constitution enables more Nigerians to participate in political process by reducing the

income requirement from 100 to 50

The Demerits of the Richards Constitution of 1946:1 The majority of the members of the central legislature wee not elected. Only four (4) were

elected on a limited franchise that does not encourage political participation.2. The power of the Governor to legislate by certification rendered useless the legislative power of

the legislative council.3. The elective principle remained as in 19224. The regional Assemblies lacked real legislative powers.5. Nigeria was not consulted before the constitution was made. It was imposed on the Nigerian

people.6. The legislative council was a mere advisory body thereby lacking real legislative powers7. It encouraged unity in diversity8. There was no effective link between the Executive and legislative Council9. The Executive council still remained unchanged. As in 1922, Richards Constitution maintained

unofficial members.

The Macpherson Constitution of 1951The Richards Constitution, which was stipulated to be in force for nine (9) years was severely criticized by the Nationalists for alleged imposition of the constitution on Nigerians.

The Nationalist of the National Council for Nigeria and the Cameroons (NCNC) under Herbert Macaulay and Dr. Nnamdi Azikiwe toured important towns in Nigeria educating then on the political issues and also collecting denotion to send a protest delegation to London. Consequently, in 1951, Macpherson introduced a federal constitution in Nigerian and became the first Governor General of the

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federation of Nigeria . It was through the recommendation of a Constitution Drafting Committee headed by Hugh Foot to consider and to make recommendations for a new constitution for the country.

The Main Features of Macpherson Constitution of 19511 The constitution introduced a quasi- federalism in Nigeria2. The constitution substituted the legislative council with a central legislative council called House

of Representative and a central Executive council called Council of Ministers. The central legislature was composed of 136 members where the North had 68 members and the East and West had 34 each. The council of minister was composed of the Governor, six ex- officio members and 12 ministers, four from each region. These ministers were appointed, based on the recommendation of the regional legislatures.

3. It assigned legislative authority to the Regional Houses of Assembly with limited authority over matters assigned to them.

4. It also established a Regional Executive council.5. The regional legislatures of the North and West consist of two chambers, the house of chiefs and

the House of Assembly.6. The Eastern region had a single chamber which is the House of Assembly. There was no House

of Chiefs.7. It introduced elected majorities not only in the central legislature but also in the Regional House.8. For the first time in Nigeria, a Revenue allocation formula was introduced. Revenue was clearly

shared between the centre and the Regions.9. The central legislature had unlimited legislative powers. This can vote on regional legislations10 The constitution also established a public service commission for the appointment, dismissal and

disciplinary control of public officers.

The Merits1. Macpherson constitution of 1951 introduced the following in Nigeria:(a) Ministerial positions(b) Revenue sharing formula(c) Federalism even though it was or quasi-federalism2. The constitution was drawn with full participation of Nigerian3. For the first time in the constitutional history, the legislative houses were assigned real

legislative powers.4. It introduced elected majority in both the central and the Regional Houses of Assembly.5. The constitution enlarged the central legislative thereby encouraged more political participation

of Nigeria.

Why the Macpherson Constitution of 1951 Collapsed1 The constitution allowed for a unitary and a federal attributes. Even though powers were shared,

the central legislature had unlimited powers are mater in the domain of Regions.2. The constitution made no provision for the post of the prime minister at the centre and premier at

the regions. This did not provide true political leadership either but the or at the regions.3. The constitution enacted the principle of collective responsibility in a manner that gave room for

the equally important doctrine of ministerial responsibility. Ministerial responsibility: Ministers were responsible for matters handled by the departments.

4. Another defect was the trend of partly policies which was on tribal lines. The three regions were dominated by one political party which invariably controlled the government of the region. The federal minister handed to show more loyalty to their regional government than the central government.

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5. The constitution was not home-grown. It was like other constitutions which were enacted without the participation of NigeriansThe central legislatures were selected from Regional Houses of Assembly thereby giving the dominant parties in the region an advantage over other parties

1953 London Constitutional ConferenceThe conference was attended by a team of nineteen delegates made up of six representatives from each Region and one representative from the Cameroons

The decisions of the constitutional conference sat between 30 July and 22 August 1953 included: 1 Federation in which residual power would be vested in the Regional government should be

established.2. Legislative powers should be shared between the federal government and the federating Units.3. That Regional lieutenant. Governors should be known as “Governors” while the governor of Nigeria

would be designated “Governor General.4. That subject to ratification by a conference to be held in Lagos in the following years, a separate

regional Administration would be established in the cameronia if the inhabitants of the territory expressed such a desire in a referendum.

5. That Lagos should be detached from the Western Region and be neutralized.6. That her majesty’s Government would in 1956 grant self government to those regions which desire

it.

The Lagos Conference of 1954The conference was to consider the advice of the fiscal Commissioner appointed by the secretary- General in the London conference of 1953 and to consider any other matter left unsettled by that conference. The conference that started on19 January, 1954 has the following as decision reached;1 That the public service and the judiciary should be regionalized That autonomy should be granted to the Southern Cameroons2. Apart from these decisions, the conference accepted the proposal of Sir Louis Chick on allocation of

financial resources to the region and central government

The Lyttleton Constitution of 1954Following the decision of the 1953-1954 constitutional Conferences and the dynamics of politics during this period, it was decided that the constitution of 1951 be revised to remedy the lapses in the system. In October 1954, the Lyttleton constitution came into force. This constitution marked the inauguration of a truly Nigerian federalism consisting of three regions each with its own executive powers and enjoying of large measure of autonomy.

Features of the Constitution(1) The governor became known as the Governor-General of the federation of Nigeria and the

Lieutenant General become Governors of their respective regions(2) Legislative powers were shared between the centre and the Regions.(3) The offices of the speaker and Deputy speaker were created to preside over regional legislature

with the exception of the North.(4) It created regional premiers(5) Public service and the judiciary were regionalized.(6) Lagos was separated from the Western Region and made Federal territory.(7) There was no provision for the office of a prime minister at the centre.(8) The central legislature was Unicameral(9) Revenue allocation was based on the principle of derivation.

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(10) Federal laws were to prevail over regional laws(11) The constitution provided for direct election of member of the legislature(12) Each region had three ministers in the council of ministers in the council of ministers at the

federal level.

Merits of the Constitution1 There was a clear division in and sharing of powers between the central and the regions.2. It introduced direct election in system into the election to both the federal and regional

legislature.3. It created ministers with portfolios.4. It introduced a true federal system for Nigeria

Demerits1. Absence of prime Minister created a weak central administration.2. There was no provision for bicameral legislature at the centre.3. The ministers were appointed on regional basis thereby making then loyal to the regions instead

of the central government.4. The constitution basically was drafted to protect the interest of colonial masters5. There were still non- Nigeria Governors in the Executive council.6. The granting of self- government to the regions encouraged ethnic rivalry in the country.7. The principle of derivation introduce denied other parts of the country revenue.

The London Constitutional Conference of 1957 The decisions taken in the London Constitutional Conference of 1957 are:1. Eastern Region should be given additional House of Chief Similar to that in Western region. This

means a bicameral legislature for the Eastern Region.2. Southern Cameroon to be raised to a regional status with the provision of the officer of Premier.3. The conference also decided that a bicameral legislature be established at the centre. The second

chamber will be known as the senate.4. Self-government to be granted to the Eastern and Western Region on August 1957 while that of

the North will be in 1959.As a result of these decisions, the three regions had their self-government accordingly.

5. The Conference also decided that universal adult suffrage be used in electing representative of the legislature in other areas other than the North which was to use male suffrage.

6. The conference also created the office of the prime minister at the centre. Although it was created in 1957, it was first used in 1960.

7. It was agreed in the Conference that Nigeria be granted independence in 1960.8. That the new House of Representatives would be enlarged so that it will consist of 320 members

elected on the basis one members for approximately 120,000 of the population9. That police should continue to be a federal matter.10 It was agreed that a commission of inquiry should be set up to probe the fears of the minorities.11. It was also decided that the Governor-General should be empowered to set up an ad-hoc

commission that will make recommendations on how constituencies should be delimitated.

London Constitutional Conference 1958Constitutional conference held in Nigeria before independence. The Conference was in session from 29 September to 27 October 1958. The Conference had in attendance various political parties. The conference had as its agenda the reports of the minorities commission, Fiscal commission and other matter important. At the end of the conference, the following decisions were reached:1. That Northern region should have self-government in 1959.

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2. That the provisions to regulate the procedure for amending the constitution and for altering the regional boundaries should be stated in the constitution.

3. That Northern and southern Cameroons should decide through a plebiscite whether to stay with Nigeria after attaining her independence or not.

INDEPENDENCE CONSTITUTION OF NIGERIA Independence Constitution of 1960 This is the constitution that ushered in the independence of Nigeria in 1960. The constitution took effect from October 1, 1960. Thought it was a home-grown constitution, scholars have argued that it was nothing but a colonial appendage. Its provisions did not show much departure from the colonial constitutions, except that the transfer of political leadership to Nigerians conferred on them power of decision-making which cumulated in the evolvement of first indigenous constitution reminiscent of the colonial type.

Features of 1960 Independence Constitution 1) It introduced a parliamentary system of government for the people of Nigeria. There was a

position of the prime minister and a Governor-General.2) It introduced a bicameral legislature for Nigeria. This was at both federal and regional levels.3) It retained the federal structure with the regions having residual powers.4) The Governor-General was a ceremonial head of state and a representative of the queen of

England.5) The federal laws. Where stronger that the regional laws. Where both conflict. The federal law

prevails.6) The Privy Council in London was the highest court of appeal in Nigeria.7) The procedure for the constitution amendment was provided in the constitution.8) The constitution provided for the power to declare state of emergency.9) It provided for fundamental human rights in line with the decision at the 1958 constitutional

conference.10) It provided for the qualification for Nigerian citizenship.11) There were provisions in the constitution for the creation of more regions or states and boundary

adjustments of existing ones.12) Federal law-makers were empowered to make laws to address times of war or other emergencies.13) It provided for the establishment of a judicial service commission to advice on the appointment

of judges.14) The constitution empowers the governor to remove the premier if the need arises.

Merits of the 1960 Independence Constitution 1) The constitution empowered Nigerians to make and enforce laws in Nigeria or any part

thereof.2) For the first time Nigerians became the prime minister and the Governor-General.3) It introduced bicameral legislature for the federal and the regional houses. This increased the

participation of Nigerians in discussing their own affairs.4) Fundamental human rights were provided in the constitution.5) Procedure for amendment of the constitution was also provided in the constitution. This was

also done by Nigerians instead of the British government.

Demerits of the1960 Independence Constitution 1) The queen of England was still the Head of state in Nigeria as was provided in the constitution.2) The highest court of Appeal Nigeria was the privy council in London

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3) The constitution did not provide for the criteria for the division of revenue between the centre and regions.

4) The members of the senate were not elected but appointed by the regional governments.5) The provision for the creation of more regions or states created political tension in the state.

There were several agitations even before and after the creation of mid-western region.

POST-INDEPENDENCE CONSTITUTIONAL DEVELOPMENT OF NIGERIAThe Republican Constitution of 1963After the constitutional conference held in Lagos in 25 and 26 July 1963, on 19 September 1963, the Republican constitution was passed into law by the federal parliament. The Republican constitution took effect in Nigeria on 1 October 1963. Therefore, it will be right to say that the first Republic started on October 14, 1963. The Lagos constitutional conference ended with resolutions which were important features of the 1963 Republican constitution.

Features of the Republican Constitution 1) The Queen of England leased to be the Head of state in Nigeria.2) The Nigerian Supreme Court replaced the Privy Council as the highest court in Nigeria.3) The name of Governor-General was changed to president.4) The Republican constitution provided for a revenue allocation formula for Nigeria. This was

based on the principle of need, national interest and balanced development.5) Fundamental Human Rights were guaranteed by the Republican constitution.6) The constitution retained the emergency powers conferred on the Federal Government.7) The president was giving the power to appoint judges of the Supreme Court and the High Court

of Lagos instead of the judicial service commission.8) The constitution was indigenous in the sense that it came into force as a result of a law enacted

or p[assed by the Nigerian federal legislature.9) The constitution provided for the position of president who shall be elected be secrete ballot by a

joint session of the two houses of the federal legislature. He could be also removed by impeachment of the House of Representatives.

10) The constitution increased the numbers of both houses of the federal legislature.11) The prime minister and his entire cabinet were collectively responsible to the parliament, being

elected members of the same parliament.

Merits of 1963 Republic Constitution 1) The 1963 Republic constitution was enacted by the federal legislature of Nigeria not the British

parliament.2) The Privy Council ceased to be the highest court of appeal in Nigeria rather the Supreme Court.3) The Queen of England ceased to be represented by the Governor-General of Nigeria. In the 1963

Republican Constitution, the Queen was no longer a member of the Nigerian parliament.4) It provided for an acceptable revenue formula for the country which was based on needs,

national interest and balance development.5) Nigeria was accorded full political independence since the Queen was no longer the head of

state.

Demerit of the Republic Constitution of 19631) There was fusion of powers instead of separation of powers among the organs of government.2) The independent of judiciary was not guaranteed by the constitution.3) The president was not elected by the people through a general election rather by the House of

Representatives.

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4) The constitution did not solve the problem of creating more regions or states leaving the Northern region larger in size than the three southern regions put together.

The 1979 Presidential Constitution (The Second Republic)Features of 1979 Republican Constitution:1) The constitution introduced into Nigeria the American-type of presidential system of

government as against the parliamentary of the British type.2) The president was to be elected in a general election as against the previous constitutions.3) The president was both the head of government and head of state as opposed to what is

obtainable in the parliamentary system.4) There was a complete separation of powers among the organs of government as opposed to

the fusion of powers in the previous constitutions.5) It provided for the tenure of the president, senators and Governors.6) It provided for the modality for formation of political parties, their functions and

administration.7) It provided for the modality for electing the president and state Governors.8) The president and state governors should have running mates on whom they will run

elections on the same tickets.9) The political parties must be recognized by the Federal Electoral Commission (FEDECO)

before they can function.10) The constitution provided that before a political party must be recognized by the FEDECO, it

must have established offices in at least 2/3 of the 19 states.11) The president/Governors and their running mates could be removed from officer through the

process of impeachment.12) The National Assembly was given the powers to (oversight approve presidential nominees of

the various key positions in Nigeria.13) The judiciary was given the power of Judicial Review, and to interpret the laws of the land

(the constitution). 14) It created the National Council of state to advice the president on key issues. It consist of the

president, Vice-president, senate president, senate president, the speaker of House of Representatives, the state governors, the attorney Generals, all former heads of state, former Chief Justices and one paramount chief from each state.

15) The constitution created the national economic council headed by the Vice President, with all state governors and governor of the Central Bank as members.

16) It made provisions for a code of conduct for public officers, a code of conduct bureau and tribunal, and the public complaints commission.

17) Each legislature would meet for at least 181 days annually, and any member who without just cause could not be present for at least 100 days would have his membership terminated.

18) The constitution provided for a multiparty system.19) The federal government was to exercise only the powers in the Exclusive list while powers in

the concurrent list will be exercised by the federal and state Government. The state was to exercise the powers in the Residual list.

Merits of the 1979 Republican Constitution1) It laid down the procedure for revenue allocation in Nigeria.2) It introduced a presidential system of government for Nigeria.3) There was a clear definition of functions and interrelationship of the three arms of

government.4) The president and the governors and other political office holders were elected in a general

election for a fixed term.

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5) There were provisions for checks and balances among the arms of government.6) It created an enabling environment for political participation. Political parties were registered

and funded by government to avoid external interference.7) The constitution recognized the local government council.

Demerits of the 1979 Republic Constitution 1) It was drawn to reflect the feeling of the military regime which led to its failure.2) The impeachment power was misused especially in the event of many parties forming the

legislature.3) It over empowered the executive, hence, the president exercised too much powers.4) The constitution encouraged a winner-take-all situation where there was little room for

consensus and thus bitter rivalries and instability ensued.

1989 Constitution The military coup that took over the government of Buhari on 27 August, 1985, brought General Ibrahim Babangida to power. It was under the transition programme of Babangida that the 1989 constitution was formulated.

Features of 1989 Constitution 1) It retained the presidential system of government 2) It specified the minimum qualification and age for contesting elected offices.3) It introduced two party system4) The federal capital territory was treated as a state.5) It increased greater autonomy to the local government. All principal office holders of the local

government were to be elected. The local government also received direct revenue allocation.6) It provided for the independent of the judiciary.7) It defined the three forms of Nigerian citizenship viz: by birth, by registration and by

naturalization.8) To avert the “thirds" controversy of the 1979 presidential election, the constitution provided for

fractions arising from the computation of votes to be rounded up to the next whole number.9) Legislators were to be regarded as part-time workers who were to receive only sitting

allowances.10) The people could withdraw any legislator who no longer enjoyed the confidence of the

electorates.

The Merits of 1989 Constitution 1) The greater prominence of local governments made room for more rapid development at the

local and rural areas.2) The two-party system introduced by the constitution made the choice of the electorates more

focused with reduced confusion as in the multi-party system.3) It made the legislators to be more accountable as they can be withdrawn if the need arises.4) These were minimum qualification of age and education for elective positions.

Demerits of 1989 Constitution 1) The two-party system limited the choices of the electorates.2) The part-time status of the legislators made then to concentrate on private business instead of

law-making.

The 1999 Republican Constitution (The Fourth Republican Constitution) Features of the 1999 Republican Constitution

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1) The constitution introduced a bicameral legislature at the centre and a unicameral for each state. The federal legislature consists of the House of Representatives and the senate.

2) The minimum education qualification for elective positions both in National and state was secondary school certificate.

3) The constitution provides for 774 local government councils.4) The local government councils are to be administered by democratically elected chairman and

councilors.5) It provides for revenue allocation formulation.6) It retains the federal system of government.7) It provides for the Fundamental Human Rights.8) It provides for dual citizenship.9) Citizenship was to be acquired in three ways viz-by birth, by registration and by naturalization.10) It retains the 36 states structure and a capita Territory, Abuja.11) It retains the presidential system, with the president the head of government and head of state.12) It adopted multi-party system.13) The constitution provides for the independent of the judiciary.14) It provides for the fundamental objectives and directive principle of state policy.15) The constitution provides for the federal character commission, code of conduct Bureau,

Independent national Electoral Commission, Federal Judicial service communal Electoral Commission, Federal Judicial National Defence Council, National population commission, National Economic Council, National Judicial Council, National Police Council, revenue Mobilization, Allocation and Fiscal Commission, police service commission and the council of states.

Merits of the 1999 Constitution1) It provides for multi-party system 2) It ushers in the fourth Republic 3) It made Africa the centre piece of Nigeria’s foreign policy.4) It addresses the problem of minority interest through the federal character principle.5) It provided for the minimum education and age qualifications for elective positions.

Demerits of the 1999 Constitution 1) The constitution was too rigid and difficult to amend.2) It was a reminiscent of the military 3) It provides for fundamental objectives and directive principle of state policy which is not

justifiable.4) The federal structure was in a form that the federal government is too powerful – the federating

units depend on the federal government on many issues especially funding.5) Other levels of government do not enjoy meaningful autonomy. The most victimized is the local

government.6) It did not solve the problem of revenue sharing formula that will stop the agitations especially

from the Niger-Delta.7) It has not addressed the problem of state creation in Nigeria. There are still agitations especially

from the South-East.

Revision Questions1a. What is constitution?b. Explain the sources of constitution.c. Write short notes on the types of constitution.2. Explain the pre-colonial political structures in Hausa Fulani, Yoruba and Ibo.

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3. What is indirect rule? What are the reasons for the adoption of indirect system in colonial Nigeria?

4. Discuss the Clifford constitution of 1922 clearly indicating five each of its features, achievement and defects.

5. Discuss the major resolutions of the general conference of 1950 in Ibadan.6. Expatiate any five features of 1951 Macpherson constitution.7. Identify the weaknesses of the Lyttleton constitution.8. Identify the main provisions and features of independence constitution (1960)9. Explain any five (5) features, advantages and disadvantages of the First Republic constitution

(1963) 10. Explain any four (4) features, and provisions of the Second Republic constitution of 1979.11. Critically highlight the provisions of 1999 constitution of the Federal Republic of Nigeria.

Conclusion/ Summary

The lecture note covered the aspects of pre-colonial administration and colonial administration, examined the concept of constitution and constitutionalism. It looked at constitutional development from the pre-independence to post-independence constitutions.

References / Recommended Texts and other Materials

Ademoyega, Adewale (1981) Why We Struck: The Story of the First Nigerian Coup, Ibadan, Evans Brothers (Nigeria Publishers) Limited.

Adigwe, F. (1974): Essentials of Government for West Africa, Ibadan: University Press LimitedChikendu, P.N. (2004): Imperialism and Nationalism, Enugu, Academic Publishing Company.Chukwuemeka E. (2006) Administration and Politics in Nigeria: Past, Present and Issues, Lagos, Vioez

Communications.Dibie, C.C. (2015). Essential Government. Ibafo: Tonad Publisher Limited.Egbo, S. (2003). Managing our Government: The Elements and Principles. Enugu: NGIB Publishers Limited.Egbo, S. (2011). Issues in Nigerian Constitutional Development. 2nd Edition. Enugu: John Jacob’s Classic Publishers Limited.Emezi, C. E. and Ndoh, C.A. (ed.) (1998) African Politics, Owerri, Achugo Publications.Eneasato, O.B. (2012). Road Map to Constitutional Development in Nigeria. Enugu: John Jacob’s Classic Publishers.Ndoh, C.A. (1997). Guide to Constitutional Development in Nigeria. Owerri: Achugu Publications. Ndoh, Cyril A.; (1997), Guide to Constitutional Development in Nigeria, Owerri, CRC Publications Ltd.Nnoli; O. (2003) Introduction to Politics, Enugu Snaap Press LTDNwankwo B.C. (2002) Authority in Government, Makurdi: Almond PublishersNwanze, B.C. (2002) Process of Government, Enugu: Immaculate Publication Ltd Okibe, N.B. (2000). Political Evolution and Constitutional Development in Nigeria (1861-1999). Enugu: Marydan Printing Press.

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