Government

• Constitution


  The whole body of fundamental laws, customs, conventions, principles, rules and regulations according to which a particular country is governed, OR A legal document which guides the manner in managing the affairs of a country
• Main sources of a nation's constitution


  • Charters
  • Judicial precedents
  • History of the people
  • Statues/Acts of Parliaments
  • Constitutional conferences
  • Legislations/Legislative decisions
  • Constitutional conventions
  • Customs and traditions
  • Past constitutions
  • Historical documents
• Charters


  Formal documents confirming certain privileges and rights of the citizens in the state
• Judicial precedents


  Pronouncements or decisions of judges which have the force of law in the past
• Constitutional conferences


  Meetings convened for deliberation of difficult constitutional matters in order to obtain resolutions for drafting a new constitution
• Constitutional conventions


  Accepted political precepts and practices which often form a part of the instruments of a country's constitution
• Constitution of a state


  • It is the supreme and fundamental laws of the land
  • It has a preamble which states the ideological stand of the citizens
  • It establishes the structure of the political system
  • It contains Fundamental Human Rights
  • It defines the type of party system to operate
  • It indicates the procedure for its amendment
  • It shows the nature of the judiciary
  • It defines the powers of the three organs of government
• Nigerian Council of 1914


  • Composed of 36 members, 23 were European officials, 7 were officials, and 6 were unofficial representatives of Africans (mainly chiefs)
  • Lacked legislative and executive powers, was merely an advisory body
• The Nigerian Council operated until 1922 when it was dissolved
• Clifford Constitution of 1922


  • Established both the Legislative Council and Executive Council
  • Legislative Council had 46 members, 27 were British officials, 15 non-officials nominated by the Governor, 4 elected (3 from Lagos, 1 from Calabar)
  • Executive Council had 10 official members nominated by the Governor, no African representation, advisory body to the Governor
  • Governor had veto and reserved powers, could nominate members of both councils
• General Conference of 1950 in Ibadan


  • Chaired by Gerald Howe, the Attorney-General
  • Outcome embodied into the 1951 Macpherson Constitution
• Macpherson


  Governor of Nigeria in April 1948
• Constitution


  Drafted by Macpherson, came into existence in June 1951
• Main decisions of the General Conference of 1950 Ibadan


  • Responsibility for ministers: Council of ministers with responsibilities involving Nigerians
  • Wider regional legislature: Regional legislature should be created and made wider to accommodate more representatives
  • Increased legislative powers: With increased autonomy of the regions, there should be a corresponding increase in their legislative powers
  • Enlarged House of Representatives: The House of representatives is to be enlarged, making room for more representatives
  • Revenue allocation commission: An independent commission should be constituted to be in charge of revenue allocation
  • Powers of the tiers of government: The powers of the tiers of government were defined and in case of conflict, the powers of the central government supersede
  • Increased legislative seats in Northern Nigeria: Northern Nigeria was to provide 50% or more of the seats in the House of Representatives
• The Richards Constitution was planned to last for 9 years subject to review every 3 years. Within its first four years, the constitution broke down due to the criticism against its defects by the nationalists
• Macpherson Constitution


  Drafted by Macpherson, came into existence in June 1951
• Main features/provisions of the 1951 Macpherson Constitution of Nigeria

  • Establishment of a central legislative council known as House of Representatives
  • The council of ministers: Central executive council composed of the Governor, 6 ex-officio members and 12 ministers
  • Establishment of a public service commission
  • Establishment of a unicameral legislature in the Eastern Region
  • Extension of franchise from Lagos and Calabar to other parts of Nigeria
  • Establishment of bicameral legislatures in the Northern and Western Regions
  • Establishment of the Regional Executive Council
  • Establishment of the Revenue Allocation Commission
  • The central legislatures had unlimited powers
• Merits/Achievements of Macpherson Constitution of 1951

  • Ministerial appointment of Nigerians
  • Extension of bicameral legislature to the West
  • Granting of autonomy to the regions
  • Involvement of Nigerians in the making of the Constitution
  • Increased responsibilities of the regional legislature
• Demerits/Weaknesses/Defects of Macpherson Constitution of 1951

  • No provision was made for Prime Minister or Premier
  • Regionalism of political parties
  • Non-recognition of full ministerial responsibility
  • Limited legislative powers of the regional assemblies
  • Too much veto and reserved powers vested on the governor
• Reasons for the breakdown or collapse of the Macpherson Constitution of 1951


  • Encouragement of regional division and ethnic nationalism
  • The NCNC and AG sponsored motion for independence in 1953 weakened the parliament
  • Absence of Prime Minister's office to co-ordinate the affairs of the country
  • The Kano riot of 1953 which led to bitterness between the North and South
  • Creation of ministerial positions without full control over their respective ministries
  • The nationalists disliked the veto power being used by the Governor
  • Absence of a uniform electoral system in the regions
  • Absence of the three political party leaders in the central parliament
  • Emergence of regionally based political parties
• Lyttleton Constitution


  The fourth and last constitution developed before the independence constitution
• Objectives of the London Constitutional Conference of 1953


  • To identify the defects in the 1951 Constitution
  • To suggest changes required to remedy these defects
  • To suggest steps to be taken to put the changes into effect
  • To suggest ways of resolving the self-government issue
• Decisions of the London Constitutional Conference of 1953


  • Lagos should be carved out of the Western Region and made a neutral federal capital territory
  • Her Majesty's Government would in 1956 grant self government to any Region which desired it
  • The designations of Regional Lieutenant-Governors be changed to Governors while the Governor of Nigeria be called Governor-General
  • A federal system of government in which powers would be shared between central and regional government be established
• Main features/provisions of Lyttleton Constitution of 1954


  • Consolidation of federalism
  • The status of Governor was changed to Governor-General
  • The status of Lieutenant-Governor was upgraded to Governor
  • Creation of the office of premier in the regions as the leader of government
  • Decentralization of governmental powers
  • Granting of residual powers to the Regional Houses of Assembly to assent to bills
  • Granting of concurrent legislative powers
  • Non-recognition of the office of prime minister as the leader of government
  • Creation of Federal Capital Territory
  • Establishment of a federal supreme court
  • Regionalization of the civil service and judiciary
  • Introduction of direct elections
  • Increased membership of the central legislature
• Merits/Achievements of Lyttleton Constitution or Political changes introduced into the Nigerian political system by the 1954 constitution


  • Introduction of true federalism
  • Empowering ministers with full executive control
  • Establishment of a federal supreme court
  • Regionalization of the civil service and the judiciary
  • Establishment of the offices of Speaker and Deputy Speaker
  • Provision for appointment of regional premiers
  • Direct elections into the House of Representatives and Regional House of Assemblies
  • Upgrading the status of the Governor and Lieutenant Governors
  • Creation of a federal capital territory
  • Extension of democratic principles
• Demerits/Weaknesses of 1954 Lyttleton Constitution


  • Retention of veto and reserved powers of Governor
  • No provision for the office of a prime minister was made
  • No provision for uniform electoral system
• ion


  Marked the beginning of direct elections to both the federal and regional legislative houses
• Constitution f


  House of Asse
• House of Asse


  Chamber at the
• Upgrading the status of the Governor and Lieutenant Governors

  • The 1954 constitution raised the status of the Governor to Governor General and Lieutenant Governors to Governors
• Creation of a federal capital territory

  Lagos was removed from the Western region and made a Federal Capital Territory
• Extension of democratic principles

  • The 1954 constitution extended democratic principles through expanded franchise and membership of the House
• Demerits/Weaknesses of 1954 Lyttleton Constitution


  • Retention of veto and reserved powers of Governor
  • No provision for the office of a prime minister
  • No provision for uniform electoral systems
  • No power to entertain appellate cases for the Supreme Court
  • Minority issues were not catered for
  • Failure to solve the problem of revenue allocation
• The Supreme Court was not fully empowered: The Nigerian Supreme Court had no power to entertain appellate cases. It was not the highest/ final court of appeal
• Lyttleton Constitution did not give attention to the issue of minority problems
• The issues of revenue allocation in Nigeria were not resolved by the Lyttleton constitution
• Reasons for the breakdown or collapse of the Lyttleton Constitution


  • Failure to provide for the office of a Prime Minister at the federal level
  • The Federal Ministers were more loyal and committed to their regions than to the federation
  • Retention of the non-elected official members in the Federal Executive Council
  • Failure to provide a uniform electoral system for the country
  • Failure to tackle the minority issues
  • Hostile inter-regional/ethnic friction
  • Inability of any political party to meet the required majority to control the federal parliament
• The Lyttleton Constitution failed to grant political independence to Nigeria at the expected period, contrary to the expectations of the nationalists and the political party which moved the motion for independence in 1953
• The Lyttleton Constitution ceased to be useful when Nigeria gained independence in 1960
• The formation of political parties based on regional boundaries contributed to the collapse of the Lyttleton Constitution