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POS 105
Course Code: POS 105
Course title: Nigeria constitutional Development
Course Lecturer: Mr. Victor Obadiah

INTRODUCTION
The course POS 105 critically examines issues that pertains to the historical evolution of
Nigeria constitution In this course, we will also engage in an analysis of issues and problem
in Nigeria constitutional Development from amalgamation in 1914 through colonial rule, the
military era to the present in addition we will also have an assessment of the impact of
socio-cultural and economic force as well as others dynamics that informs constitutional
amendment or change over the tribal phases of constitution in Nigeria.

There would be emphasis on issues and contentious provisions of the different constitution
that eventually Necessitated change .

1. Overview of what the constitution is.

2. features of a constitution
3. imperative/importance of a constitution
4. amending the constitution
5. B) Constitutional development In Nigeria
6. the 1914 order In council
7. The Clifford constitution of 1922
8. The Richard constitution of 1946
9. (i) Criticism against the Richard constitution
10. The macpherson Constitution of 1951
11. The Lyttleton Constitution 1954
12. Provisions the 1954 Constitution
13. the 1954 Modification
14. 1963 Republican Constitution

C) Suspension of constitutional government

- Constitutional achievement of the military
- The 1979 constitution
- Reasons for framing the 1979 Constitution.
- Features of the 1979 constitution
 - Major provisions of the presidential constitutional
Nigeria as a political Entity is essentially colonial creation.
British colonial agent that made Nigeria to be one to the British imperialist adventure, their
existence as an independent empire, Kingdoms and Chiefdoms, Clans and Others
decentralized republic it entities, with some interaction between them. The Hausa-fulani
people of the North live under highly decentralized political systems called “the emerate,”
with the emiwen being more or less absolute rulers.
In Yoruba areas in the West, there were various kingdom headed by the Obas who were
Constitutional monarch and ruled through variety of council of Elders and secret societies,
the Igbo and the Ibibio areas of the Eastern part were organized under highly decentralized
republican system with the highest level of political organization political organization rarely
extending beyond villages and clans.
The British influence in Nigeria began with the appointment of John Beecroft.

CONSTITUTION
The concepts of a constitution generally speaking, a constitution is a statement that outlines
the agreed basic principles of formal organization, ranging from national government to
private Clubs it is the basic set of laws by which the people are governed thus, constitution
of the state is body of rules and regulations which determined how a state is governed.
A constitution defines and establishes the principles of the organs of government, it defines
the structure and functions of each organ of government and sets limits within which such
functions are to be exercised, it spells out the interrelationship among the organs. The
constitution declares the principles, which regulate the operation of these organs and define
the bonds between the citizens and the state; thus, the condition for the exercise of
legitimate power, how it should be exercised and the limit of these powers are enshrined in a
constitution. It is therefore, inconsiderable for a state to exist without a constitution (written or
unwritten) defining the relationship between the governor and the governed. The constitution
of a state embodies the fundamentals of the political system. Basically the constitution
ought to be the supreme law of the political blueprints of the political systems made by the
people for the proper regulations and the control of society, as well as the correct and orderly
behavior of the people in such system but the success of any constitution depends on the
foundation on which such a constitution rest.
This is so because a constitution does not command immediate respect, complies and
obedience. For instance, people are likely to be withhold their support and respect for a
constitution if they feel that their aspirations and interest are not well protected by the
constitution since a constitution is a political documents it is therefore expected to cover and
respectively reflect the dominant political disposition in the political systems fair cure of
which may generate Fair distrust, frustration and alienation and may cultivate in aggression.
Thus whose goal and aspirations are blocked and frustrated by the system are usually
aggressive in nature and would eventually employ other Constitutional means to register
their preference and this could result in general constitutional inability.

FEATURES OF A CONSTITUTION
1. Fundamental Laws: Constitution are laws abundant the political procedures to be
followed in the making laws they are supreme laws, taken precedence over others
and defining how other law should be made
2. Entrenched status: Constitution has a special legal status unlike other laws. The
constitution usually states the condition under which the constitution by itself be
changed.
3. Codified documents: Constitutions are written down often in written (single)
documents that present the constitution in a systematic manner.
4. Allocation of power: Constitution outlines the proper relation between institution and
office of the state .

PRINCIPLES OF A CONSTITUTION
1. Rules of Law: According to Albert V. Dicey (1835-1922) The rule of law underlines
the idea of the constitution.
2. Transfer of power: Democracies are marked by a peaceful transfer of power from one
set of leaders or parties to another. Democratic constitutions typically state the
conditions for this – how and when government is to be elected, by whom and for
how long. The peaceful transfer of power is so important that some political scientists
define a ‘democracy’ in these terms – e.g. there have been three successive free and
peaceful elections.
3. Separation of powers and checks and balances: According to classical political
theory,democracy is best protected by creating separate branches of government
with different functions and powers, each checking and balancing the power of the
others in a system of checks and balances.
4. Relations between government and citizens: At the heart of any democracy is the
relationship between citizens and their government, so constitutions often include (or
refer to) a Bill of Rights that enumerates the rights and responsibilities of citizens,
and the limits of government power over them. Those who are suspicious of
government in any shape or form see constitutions as setting clear limits on the
power of government in order to guarantee the rights of the citizens.
 5. Locus of sovereignty: Since there must be a governing body or office capable of
making authoritative decisions, constitutions usually specify who or what is to be the
ultimate authority to make and enforce law.
6. Government accountability: Democratic governments are accountable to their
citizens, and constitutions normally try to pin down the mechanisms of this
accountability – who is answerable to whom, and under what circumstances
7. Final arbiter: Constitutions are sometimes disputed because none is fully clear,
consistent, unambiguous, or comprehensive. The last job of a constitution is to say
who is to be the final arbiter of its meaning and how it may be changed. It is easy to
obtain the constitution of every nation in the world from websites, so no examples are
provided here. In spite of their huge variety, most constitutions fall into four main
parts

Preamble • The preamble tends to be a declaration about nationhood and history, with
references to important national events, symbols and aspirations. The preamble tends to be
inspirational rather than legal or rational.

Fundamental rights (Bill of Rights) • A list of civil and political rights and statements about
the limits of government powers. Some constitutions refer also to economic, social and
cultural rights. Many of the newer constitutions simply adopt the 1948 UN Universal
Declaration of Human Rights.
Institutions and offices of government • The main structures or institutions of government
are described, together with their powers and duties. Usually this means the executive,
legislative and judicial branches of national government, and sometimes lower levels of
government as well.
Amendment • The procedures to be followed in amending the constitution.
SOURCES OF CONSTITUTION
1. Acts of parliament
2. Customs and conventions
3. International documents
4. Judicial precedents
5. Constitutional conferences

IMPERATIVE/IMPORTANCE OF A CONSTITUTION
1. A constitution spelt out the organs of government and the duties allocated to them
2. A constitution provides the framework for the adequate understanding of the dynamics,
form and character of a particular system of government in operation
3. A constitution serves as the foundation on which the building of a government rest its foot.
4. A constitution enables the citizens to be conscious of their rights and duties because they
are clearly spelt out in the constitution
5. A constitution helps to sanitize the political environment for matured conduct of political
activities.
6. It provides rules and regulations for human conduct in a society.

ORDER IN COUNCIL/COUNCIL IN NIGERIA

it is not a subject of the day that the geographical entity council in Nigeria today is a British
imperial nation
Lord Lugard, who was the Governor General of Nigeria council in 1914 in order to provide
opportunity for the expressions of public be noted that the Nigeria council was not a
legislative council, the governor reported the matter of interest during the last year and
explained any questions of policy legislations. After the amalgamation of 1914 a machinery
to enhance the smooth administration of the wide/political entity known as the Nigerian
council was established the council made of 24 officials and 12 unofficials members. They
were European representing commerce, shipping, banking, mining, Chambers of commerce
of African concessing of importance chief of Northern and Southern Nigeria and educated
African from Lagos and Calabar from some officials including the members of the executive
council, first class, president, political secretaries from the northern and the southern
premises. It's must be said that this council did not in any way meet the hope and aspiration
of Nigeria especially as it was not a legislative council put more
the Chiefs who forms the majority of the Nigerian nominated in officials of the council, would
best represent view of the mass but this the fail to do because the Rarely offend the council
meeting so it was not a surprise that the Nigerian council was quickly replaced by the 1922
constitution established by Sir Clifford who took over in 1919

SIR HUGH CLIFFORD CONSTITUTION (1922) BACKGROUND:

The constitutional development in Nigeria through Clifford’s constitution. The
Clifford constitution adopted in 1922 Derivedhis name from then governor of
Nigeria, Sir Hugh Clifford who took over from former governor Lord Lugard. The
constitution introduces a new legislative council an executive council who to
replace the embellish hold legislative council for Lagos colony andthe Nigeria
council. The first party system was introduced in Nigeria was and(NNDP)
The Nigerian National Democratic party founded by Nigerian engineer Albert Macauley in
1923 became the first political party in Nigeria.
The Clifford Constitution adopted in 1922 derived its name from the then governor of Nigeria,
Sir Hugh Clifford, who took over from the former governor, Lord Lugard. The constitution
introduced a new legislative council and executive council which replaced the abolished
legislative council for Lagos colony and
the Nigerian council.
The constitution introduced elective principles which increased political agitation and
awakened the spirit of nationalism in Nigeria.
Northern Nigeria was not represented in the new legislature.
The Governor General retained the legislative power for the North.

FEATURES OF THE CLIFFORD CONSTITUTION OF 1922

1. Secretary of state for colonies: This was a cabinet minister in Britain and the secretary of
state for colonies. All the colonial governors report to him.

2. Head of State:This was Governor Hugh Clifford, representing the Queen of England.

3. The Executive council:It was an all-European council. No Nigerian was a

member, meaning that Nigerians were not part of the decision-making body.

4. The Legislative council: Membership was 46. Twenty-seven members out

of the 46 were officials while 19 were unofficial members. Ten out of the 19,
were Nigerians. Out of the 10 Nigerians, 4 were elected, 3 were elected from Lagos and 1
from Calabar. The remaining six were appointed by the governor to represent other parts of
the country. However, the Northern protectorate was not part of this council.

5. Proclamation: The North was to be governed by proclamation, emanating

from the governor.

6. Elective principle:Clifford's constitution established for the first time,

elective principle, i.e. elections were to be conducted into the Legislative council.

7. Political activities:There was political activities and formation of political

parties, especially in Lagos and Calabar e.g. the NNDP of Herbert Macaulay.

8. Establishment of newspapers: The West African Pilot, Lagos Daily

News, for example, was established to increase political activities.
9. New legislative council:A new legislative council for the Colony and Protectorate of
Southern Nigeria was established (Northern protectorate was excluded).

10. It encouraged the development of political parties.

11. Members in the legislative council were increased (46 members).

12. Elective principle was restricted to Lagos and Calabar.
13. Northern Province was not represented.
14. Governor made laws for the country.

MERITS OF THE CLIFFORD CONSTITUTION OF 1922

1. It provided room for the formation of political parties like NNDP.
2. It offered wider scope for African participation in politics.
3. It also created room for the bringing up of newspapers such as Lagos Daily News and
Daily Times Nigeria Plc in 1925.
4. It introduced elective principles in Nigeria.
5. The introduction of the elective principle led to an upsurge in political consciousness.

DEMERITS OF THE CLIFFORD CONSTITUTION OF 1922

1. Africans were excluded from the executive council.
2. Whites dominated the legislative council.
3. Legislative council was only advisory.
4. Governor enjoyed unlimited powers
This constitution produced the elective principle as a major merit but it had a lot
of demerits on the Nigerian government.

a). Sectionalism-The Clifford Constitution of 1922 brought sectionalism into Nigeria as the
constitution was meant for the Southern protectorate alone. The
Legislative council was also created for the south excluding the North.

b). The Legislative council was dominated by Europeans

c). Partial representation–The elective principle introduced by the Clifford

The Constitution of 1922 works only for the legislative council. The executive council
is not elective.

d). Imposition–The people claimed that the constitution was imposed on them
e). The Governor-General had veto powers on issues discussed in the legislative and
executive council

f) Partial Elective principle–Only Nigerians with resident qualification and have

a gross income of £100 per annum which as at then was a very huge sum.

AIMS OF THE CLIFFORD CONSTITUTION:

1. Gradual transition: To gradually introduce self-governance and representative
government.
2. Modernization: To modernize Nigeria's administration and bring it in line
with British colonial practices.
3. Regional autonomy: To provide some autonomy to regional authorities.
However, the Clifford Constitution faced criticism and opposition:
1. Limited representation: Many Nigerians felt the elective principle did not go far enough.
2. Regional disparities: The regional structure exacerbated existing disparities
and tensions.
3. British control: The Governor-General's powers remained significant, limiting
true self-governance.
• Sir Hugh Clifford became Governor in 1922 and in response to political
agitations in Nigeria and some West African Countries had to carry out some political
reforms which gave room for more participation in the governance of the state in the
legislative council.
•However, although there was the attempt to ensure more representation at the
legislative level, there was not such a thing at the executive level. The
the situation that obtains is that all executive members remain British.
•As a colonial governor he reported to the Secretary of State to the colony
who happens to be a cabinet member of the British parliament. This goes to
reinforce the claim earlier made in this course that colonialism ensured that
governance was not responsible to the people of the colony but to the
colonial masters.
•A major plus of the Clifford’s constitution is the introduction of the election
principle to Nigeria. This led to the election of four person with three
representing Lagos and one representing Calabar. This is in response to certain
agitation at the local level for representation. This agitation is borne out of the
exposure of certain Nigerians to western education. It is also as a result of pressure
from other African countries who were already agitating for against colonialism and
more inclusion However, while the Clifford constitution may be praised for introducing
 the elective principle into the Nigerians constitution for the first time, the nature of the
franchise is that of limited franchise. This constitution restricted the eligibility of voters
to the ability to earn 100 pounds. The implication was the
disenfranchising of many Nigerians. Thus, in line with the philosophy underpinning
colonialism, many people had no say in the governance of the country. You may add
to this the fact that other areas of the country do not even have this opportunity that
was extended to Lagos and to Calabar. There was an expansion of the legislative
council from 36 members, which was what obtained during the time of Lord Lugard to
46 members. The 46 members comprises of twenty-seven official members; nine
African unofficial members, three elected representatives from Lagos; one elected
representative for Calabar.However, the legislative council was responsible for the
making of laws for the southThe Northern part continued to be ruled by proclamation
from the governor. This buttresses the divide and rule policies of the colonial
administration with separate laws for the south and a different set of approaches to
the north. The legacy of such a style of governance is still obvious today. The north
continues to have a life of its own in the country, and lags behind in development,
education and lifestyle The governor exercises veto power over the laws made by the
legislative arm. And a lot of time, the British Government, whom the governor is
responsible to, could give directives to the governor as to what to do in relation to a
law made by the governor. This shows the extent to which the people had freedom
over their own political destiny. The truth of the matter is that the people had little or
no say in their governance; The Clifford Constitution provides for a situation in which
there were unofficial members. These unofficial members were to hold their seat for
five years and This was renewable for another five years. This kind of representation,
in which there were unofficial members indicate that the loyalty of these people will
be to the governor and not to the people of Nigeria for he who pays the piper dictates
the tune.

SIR ALBERT RICHARD CONSTITUTION OF 1946

The outbreak of world war to assetated the face of political and constitutional development
beyond what was experienced in the pre-work years they witnesses of the Clifford
constitution following the emergency of Nigerian and their nationalism in Nigeria 1944 known
as national council of Nigeria and the Cameroon (NCNC) later rename the national council of
Nigeria citizens which play is significant role in The Nation History.
The richest constitution, although conceived by governor Bernard Bourdillon, got the name
from Arthur Richard who was the governor when it was into force on January 1st 1947
according to Sir Richard the constitution aims at.
 1. To promote unity of the country
2. to provide adequately within the unity for the diverse element that makes up the
country
3. to secure for the African greater participation in the decision of their own affairs
There was a legislative council for the whole country composed of the governors as
president 16 officials members, of whom six officials and three nominated 8 on officials
members four of whom were elected and 12 nominated or indirectly elected.
The constitution makes provision for a regional house of assembly in each of the three
regions. It was hoped that the central legislative council in Lagos would be the forum at
which all Nigerians could vote. It must be noted that for the first time in the history of Nigeria,
the party expressed disappointment over the unilateral way of this governor to drive state
constitutions without consulting Nigerians; their main argument was that the constitution
should be withdrawn since Nigeria was not consulted. Hence a national campaign was
organized throughout the country to expose the the hills of the constitution and to raise
money in order to send a powerful delegation to London to protest to the secretary of the
state for the colonies (Creech Jones). although crotch Jones rejected their request to a
during the constitution the speech of which a a new governor was appointed to replace Sir
Richard is subjective that the British government was mindful of criticizing against the
constitutions the name of the new governor general was Sir Jones my facing again the
nationalist expected the elected principle should be extended beyond Lagos and Calabar
this was not so as the elected Nigerian into the legislative council still remain 44 governor
steel enjoys Vita power. hence it's gone not b a surprise that awolowo said they constitution
retain some of the objectionable features of old. contain unservely characteristics of its own
and fail short of expectation

FEATURES OF RICHARD CONSTITUTION

1. Federal System: Introduced a federal system of government, dividing Nigeria into three
regions: North, West, and East.
2. Regional Assemblies: Established regional assemblies, giving more autonomy to regional
governments.
3. Central Legislature: Created a central legislature, the House of Representatives, with 70
members.
4. Nigerianization: Aimed to increase Nigerian participation in government and reduce British
colonial influence.
5. Economic Development: Encouraged economic development through regional initiatives.

the Impact of the Richard constitution in Nigeria

1. Decentralization: Marked a significant shift towards decentralization, giving regions more
control over local affairs.
2. Nigerian Political Awareness: Raised political awareness among Nigerians, fostering a
sense of national identity.
3. Prelude to Independence: Paved the way for Nigeria's eventual independence in 1960.
Limitations of the Richard constitution

1. Regional Imbalance: Created regional disparities, as the North had more representatives
than the other regions.
2. Limited Nigerian Representation: Nigerians still had limited representation in the central
government.

SIR MACPHERSON CONSTITUTION OF 1951

Sir Macpherson came to Nigeria in 1948 as the newly appointed Governor. Sir Macpherson
was intelligent enough to probe into the complex political climate in the country and was
ready to provide solutions to the political problems that had been created by Sir Richard’s
constitution. However to avoid the mistakes of the past, Sir Macpherson went into wide scale
consultation with Nigerians to allow them to participate adequately. So Sir John Macpherson
set-up the constitution of 1951 with the full participation of the Stakeholders.
The Nigeria (constitution) order-in-council number 1172 of 1951 established a central
legislature made up of a single chamber, called the House of Representatives in which the
Regional Houses will be represented by one hundred and thirty six members. The Regional
members selected will be through the Regional legislature into the central legislature.
Although the Macpherson Constitution of 1951 made a considerable advance from the
previous constitutions, it was at the end of the day unsuitable to the prevalent conditions in
the country. Being basically a unitary constitution with extensive authority of the central
government and its powers of control over the regions, it could not function well in a big
country like Nigeria with diverse communities of different cultural backgrounds and more so
in a setting of inter-regional friction as there were burning desires for regional autonomy with
each of the regions being
dominated by an overbearing ethnic group and political party. There was evidence of tension
in the country, such as the Eastern Regional crisis of 1953.
Another serious national incident occurred when the date for Nigeria’s independence was
discussed in the House of Representatives. This sparked off a crisis in the parliament as
there was a sharp disagreement as to the timing of Nigeria’s independence between
representatives from Southern and those from Northern parts of the country. This led to the
breakdown of the Macpherson Constitution and its replacement with the Lyttleton
constitution in1954.

LYTTLETON 1954
The Lyttleton Constitution of 1954 The Lyttleton Constitution of 1954 was the first
constitution in Nigeria that was not named after a colonial Governor of Nigeria, but someone
outside of Nigeria.
It was named after Mr. Lyttelton, who chaired the 1953 London and 1954 Lagos
Constitutional Conferences, which produced the constitution and also because of his
immense contributions in terms of ideas and given his position as the overseer of the affairs
of all colonial
territories.
The constitution introduced “true federalism” in Nigeria. Each of the regions was granted
greater autonomy and independence from central control. Directives were no longer to flow
from the central legislature to the regional legislatures. The federal government was given
exclusive powers, the regions were given residual powers, the concurrent legislative list
contained items upon which both the central and regional government can deliberate on; but
in case of conflict on concurrent power, the federal laws prevailed over the regional laws.
The
failure to break the Northern part of the country and create more regions did not sit well the
minority aspiration because this was inconsistent with a federal government to have one
component unit of the federation (the North) larger in size and representation than the other
components combined.
The absence of a second legislative chamber at the center crippled the
efficacy of the constitution. In line with the principles of federalism, the second chamber was
imperative to balance the minority interest; moreover, the northern part of the country with
the highest population claimed more seats in the single legislature at the expense of the
minority.
This imbalance tended to result in ethnicity, wrangling and parochialism (Udokang, 2006). As
can be seen from the discourse, constitutional development in Nigeria during the colonial
period witnessed at early stages the Governor’s Constitution which were imposed by the
British government on the Nigerian people, and then the gradual and progressive relaxation
of imperial control in Nigeria through later constitutions which attempted to get Nigerians
involved in the administration of their country.
The fact, however, remains that Nigerians had very little experience in the art of
self-government as they were not really brought into the mainstream of political
administration until much later. The British government therefore created and left
behind a political class whose horizon did not extend beyond acquiring political power and
fighting tooth and nail to preserve it without any meaningful coherent policy for its exercise
(Ayua, 1985).

1957 MODIFICATIONS
A constitutional conference was held in 1957 to make some amendments to the 1954
Lyttleton constitution.
The central legislature became bicameral in 1959 with the house of representatives
consisting of 320 members and the senate 52 members
A premier was appointed for southern Cameroon.
The year 1960 was fixed for independence

INDEPENDENCE CONSTITUTION 1960

The House of Representatives, which was elected in December 1959 at its first meeting held
in
January 1960, passed a resolution requesting Her Majesty’s Government to introduce
necessary legislation to enable Nigeria become an independent sovereign state with effect
from 1st of October 1960. This resolution was endorsed by the Senate.
The Independence Act was accordingly passed by both Houses of British Parliament in July
1960 and received the Royal Assent on the 29th of July of the same year. Nigeria therefore
attained independence and became a member of the Commonwealth on the 1st of October
1960. The relationship between Nigeria and the British government was thus redefined by
the 1960 Constitution. The powers of the British Parliament to legislate for Nigeria were
terminated and the responsibility of the British government for the administration of Nigeria
also ceased (Ayua, 1985). Ayua (1985) notes further that the 1960 constitution emanated
from Britain with the stamp of Westminster even though its framework was decided upon by
the Nigerians themselves. Apart from this, the independence constitution did not bring about
radical and complete severance or
break from Britain. Thus, the Queen of England was still Queen of Nigeria and internally, the
government was still “Her Majesty’s Government”. The constitution provided various ways in
which the sovereignty of independent Nigeria, which was formally vested in the Queen,
should be exercised. Nigeria’s sovereignty was divided between three Regional
governments and the Federal government. Because the Queen was an absent sovereign,
she was represented in Nigeria
by a Governor-General at the center and by Governors at the Regions. The Queen was
responsible for law making in Nigeria with the various legislative houses acting in
conjunction.Her role was to assent to bills passed by the legislative houses. Her assent
therefore had the effect of transforming a bill into binding laws. The constitution provided for
bi-cameral legislature at the center, the Senate and House of Representatives. Each region
was to have a House of Assembly and a House of Chiefs. Legislative powers were divided
between the federal and regional governments. The federal government had exclusive
powers to legislate on certain
matters (44 items in all), such as external affairs, defense, deportation, extradition, police,
exchange control, passports and visas, railways, currency, coinage and legal tender, etc.
The other list contained concurrent issues that could be legislated upon by both the federal
and
regional governments. It also provided for the first time, a list of fundamental human rights
and
the recognition of the worth of human beings. This was in accordance with the models laid
down in the 1948 Universal Declaration of Human Rights and the 1950 European
Convention on Human Rights. These rights included freedom of expression, freedom of
conscience, freedom of movement etc. It also made provision for and defined citizenship of
Nigeria (Udokang, 2006). The independence constitution gave the Supreme Court the power
of judicial review, i.e., it empowered the Supreme Court to declare any act of the executive,
the federal and regional governments that contradicted the constitution as null and void and
of no effect. However, the Judicial Committee of the Privy Council in London was still the
highest court of appeal. The
constitution provided for a state of emergency; it granted the federal (legislature) government
power over emergency situations to be exercised by 2/3 majority of the members of the
parliament. Meanwhile, the constitution was rigid and fashioned after the British
parliamentary system (Udokang, 2006). As observed, the constitution affected Nigeria’s
sovereignty with colonial dictatorship because the Queen of England remained the head of
the Nigerian government and as such wielded enormous power, sufficient to dictate the pace
of political development in the country. The role of the Queen made it impossible for
Nigerians to pursue, without interference, its economic, political and constitutional matters.
The dissatisfaction engendered by this incompatible and eroding situation influenced the
process which led to the constitutional reforms in 1963 (Akpan, 2008).

1963 REPUBLICAN CONSTITUTION

The National parliament enacted the Republican Constitution, which became effective from
the 1st of October 1963. The Queen of England was no longer the Head of State nor did she
form part of the legislative houses of the federation. The monarchical (Westminster) system
was
replaced with a republican system of government, where the people had supreme power to
elect their own head (President) and the government was free from external control in the
act of its
governance and administration. However, the Republican Constitution readopted most of the
provisions of the independence constitution and also introduced some new ones, both in
terminologies and substance. Dr. Nnamdi Azikiwe became the indigenous ceremonial
Governor-General of Nigeria. The 1963 Constitution was the only constitution ever written by
and enacted
by the Nigerian people through their representatives in the parliament. By its provision, the
judicial committee of the Privy Council ceased to be Nigeria’s highest court of appeal. Such
role was ascribed to the Supreme Court. Other strong features of the constitution included
the powers of the constituent units to substantially control their resources and pay prescribed
taxes to the
central government. Section 5 of the 1963 Constitution made provision for the existence of
regional constitutions, state police, separate coat of arms and motto, separate
semi-independent Mission in the United Kingdom, headed by “Agents-General” and revenue
was based on derivation principle. There was an exclusive list with 44 items. These were
predominantly items which were perhaps centralized in the common interest of the
federation. They included defense, deportation, passport and visa, currency, coinage and
legal tender, customs, nuclear energy etc.
(Odje,2002; Udokang, 2006). Because Nigeria operated “true federalism” at that time, the
constitution described each region as “a self-governing Region of the Federal Republic” and
created a federal “state” with limited powers.

1964 GENERAL ELECTION CRISES

Introduction
The 1964 general election crisis in Nigeria was a significant event in the nation's political
history, marked by intense political rivalries, regional tensions, and allegations of electoral
malpractices.
Nigeria gained independence from Britain in 1960, and the 1964 general elections
were the first nationwide elections held post-independence.

Three Major Regions

The political landscape was characterized by regionalism and ethnic divisions, with the three
major regions—Northern, Western, and Eastern—dominated by different political parties.
Northern Region: The Northern Region was the largest and most populous region in
Nigeria, predominantly inhabited by the Hausa-Fulani ethnic group. The region was
politically dominated by the Northern People's Congress (NPC), led by Sir Ahmadu Bello, the
Sardauna of Sokoto.
The NPC was a conservative party with a strong base among the traditional rulers and the
Muslim population of the North.

Western Region: Dominated by the Action Group (AG), led by Chief Obafemi Awolowo. The
Western Region was one of Nigeria’s three main regions, alongside the Northern and
Eastern
regions. It was predominantly Yoruba and politically active.

Eastern Region: Dominated by the National Council of Nigeria and the Cameroons
(NCNC), led by Dr. Nnamdi Azikiwe. The Eastern Region was predominantly inhabited by
the Igbo
ethnic group and was politically dominated by the National Council of Nigeria and the
Cameroons (NCNC), led by Dr. Nnamdi Azikiwe. The NCNC had a stronghold in the Eastern
Region and was a key player in the broader coalition politics of Nigeria.

The Crisis

1. Political Alliances and Tensions:

- Prior to the elections, political alliances were formed to gain a majority. The NPC
allied with a faction of the NCNC to form the Nigerian National Alliance (NNA), while
the AG joined forces with the United Middle Belt Congress (UMBC) and other
opposition groups to form the United Progressive Grand Alliance (UPGA).
- These alliances were primarily aimed at consolidating power and countering rival
ethnic and regional influences, exacerbating existing tensions.

2. Electoral Malpractices:
- The elections were marred by widespread allegations of electoral fraud, including
voter intimidation, ballot box stuffing, and manipulation of voter rolls.
- In several regions, particularly the Northern and Western regions, there were reports
of government officials using their influence to ensure victory for the NNA, leading to
accusations of rigging and undemocratic practices by the ruling NPC.

3. Boycotts and Violence:

 - In protest against the perceived unfairness and manipulation, the UPGA boycotted
the elections in many areas, calling for a cancellation and re-run of the polls under
fair conditions.
- The boycott led to low voter turnout in certain regions, undermining the legitimacy of
the election results.
- Violence erupted in various parts of the country, with clashes between supporters of
different political factions, resulting in casualties and widespread unrest.

Consequences
- The disputed election results led to a crisis of legitimacy for the newly formed
government. Many Nigerians and international observers questioned the fairness and
validity of the election process.

- The crisis strained the relationship between the federal government and the regions,
particularly the Western region, where political tensions were already high.
- The political instability and lack of trust in the electoral process contributed to the
eventual military coup in January 1966. The coup, led by Major General Johnson
Aguiyi-Ironsi, marked the beginning of military rule in Nigeria, which lasted for several
years.
- The political turbulence also set the stage for further regional and ethnic conflicts,
culminating in the Nigerian Civil War (1967-1970).
-
Impact on Democratic Development:

- The 1964 election crisis highlighted the challenges of building a democratic system in
a country with deep-seated ethnic and regional divisions.
- It underscored the need for electoral reforms and mechanisms to ensure free, fair,
and transparent elections in Nigeria.

Conclusion
The 1964 general election crisis was a pivotal moment in Nigerian history, demonstrating the
fragility of the country's nascent democracy and the profound impact of regional and ethnic
politics on national stability.
The 1964 general election crisis in the Northern Region was a critical event that revealed the
vulnerabilities of Nigeria's political system and set the stage for future conflicts and military
interventions. general election crisis in the Western Region was a significant event that
highlighted the deep political, ethnic, and regional divisions in Nigeria, setting the stage for
future conflicts and military interventions. THE crisis in the Eastern Region was event that
highlighted the deep political, ethnic, and regional divisions in Nigeria, setting the stage for
future conflicts and military interventions.

SUSPENSION OF THE CONSTITUTION

Political crises marked the federal election crises of 1964 and the Western election crisis of
1965
which was accompanied by the termination of civilian rule and the establishment of military
rule.
The army accused the politicians of corruption, irresponsibility, tribalism and failure to uphold
law and order. The constitution was suspended and a supreme military council headed by an
army officer became the central authority. The military government itself was not devoid of
crises, disagreement among the soldiers led to an attempt by the Eastern region to secede
from Nigeria. The following were the constitutional achievements of the military:
- The creation of 12 states in Nigeria in May 1967, which laid foundation for the
creation of more state by subsequent regimes
- The creation of a federal capital territory (Abuja) in 1975
- Establishment of many new federal universities in the country
- Establishment of public commissions of enquiry and direct removal of civil servants
involved in corrupt practices.

The 1979 Constitution

The arrangement to hand over power to a civilian government started with the then military
head of state, Gen. Murtala Muhammed. However after his assassination, the plan was
materialized by his successor, Gen. Olusegun Obasanjo who successfully handed over
power to the civilian government of Shehu Shagari after the elections. Military rulers reacted
negatively to the earlier dualistic federalism and its weak federal government after the
Nigerian Civil War of the 1960s which they felt had encouraged secessionist bids from
sub-national governments. Under the inspiration of successive military governments, the
objective of subsequent constitutions had
been to strengthen the central government. The 1979 Constitution was a product of a
Constitution Drafting Committee consisting of 49 “wise men”, whose draft was debated and
subsequently ratified with amendments by a member Constituent Assembly made of 230
members. In the process, the outgoing military regime considered certain sections to be in
the interest of the nation and entrenched them. For example, the Land Use Decree vesting
ownership of land in government on behalf of the people was entrenched in the constitution
in spite of opposition to it (Elaigwu, 2004). The constitution introduced a presidential system
of
government for the first time in the country. The president was to be elected by the
electorate for tenure of four years but not exceeding two terms. There was provision for a
bicameral legislature at the center consisting of the Senate and the House of
Representatives to make laws for the
entire nation. The state Houses of Assembly were unicameral and made laws for the states.
For instance, the provision for a federal character, citizenship, code of conduct, presidential
powers, fundamental human rights and supremacy of the constitution left much to be desired
than mere mention in the constitution. E.g. the federal character provision, at least in respect
to the way it was implemented tended to substitute mediocrity for merit in admissions,
appointment and allocation of resources of the federal government.
Another major change brought by the 1979 constitution was the establishment of the
principles of separation of powers of the three arms of government. Separation of power
means nobody could function in more than one arm of government at a time. Other
provisions of the constitution were It established the position of an elected head of state
called the president who performed both ceremonial and executive functions. It abolished
the post of a prime minister.
The constitution made local government a third tier of government in the country and created
301 local government areas.
The president is expected to reflect federal character in the appointments of his executives.

@Just Obey