UNIT 4

CONSTITUTIONAL DEVELOPMENT OF NIGERIA TO DATE

The constitutional development of Nigeria has been marked by significant milestones, reflecting the country's complex history and political evolution. The journey from colonial rule to the establishment of an independent, federal republic has involved a series of constitutions, each addressing the unique challenges and aspirations of the Nigerian people.

COLONIAL ERA CONSTITUTIONS

1. The Clifford constitution (1922): The Clifford Constitution marked the beginning of constitutional development in Nigeria. It introduced a legislative council, including elected African representatives, albeit limited to Lagos and Calabar. This was the first time Nigerians participated in the legislative process.
2. The Richards constitution (1946): The Richards Constitution aimed to promote unity while allowing for regional diversity. It established regional councils for the Northern, Western, and Eastern regions, increasing African representation and involvement in governance.
3. The MacPherson constitution (1951): The Macpherson Constitution was the result of extensive consultations with Nigerians. It introduced a central legislature and regional legislatures, enhancing regional autonomy. However, it faced criticism for not granting full self-government.
4. The Lyttleton constitution (1954): The Lyttleton Constitution further advanced regional autonomy by establishing a federal structure with a central government and regional governments. This laid the foundation for Nigeria's federalism.

INDEPENDENCE AND REPUBLICAN CONSTITUTIONS

1. The independence constitution (1960): The 1960 Independence Constitution marked Nigeria's transition from a British colony to an independent nation. It retained the British monarch as the head of state, represented by a Governor-General, and established a parliamentary system of government. The independence constitution has the following key features:
   
   1. Federal Structure: this makes Nigeria a federation with a central government and three regions (later four).
   2. Parliamentary System: this is where the Prime Minister was the head of government, while the Governor-General represented the Queen.
   3. Fundamental Rights: this is where the constitution included a chapter on fundamental rights, protecting citizens' freedoms and liberties.
2. The republican constitution (1963): In 1963, Nigeria adopted a Republican Constitution, severing ties with the British monarchy. Nigeria became a republic with an elected President as head of state. The republican constitution has the following key features:
   
   1. President: this is where the President replaced the Governor-General as the head of state.
   2. Federal Structure: The federal structure was maintained, with regions enjoying significant autonomy.
   3. Fundamental Rights: The protection of fundamental rights continued.

MILITARY RULE AND CONSTITUTIONAL SUSPENSIONS

Military intervention (1966-1979): Nigeria experienced a series of military coups, leading to the suspension of the 1963 Constitution. The military regimes ruled by decrees, significantly altering the constitutional landscape. The military intervention has the following key decrees:

1. Decree No. 1 of 1966: this decree suspended parts of the 1963 Constitution.
2. Decree No. 34 of 1966: this decree introduced a unitary system, centralizing power.

THE 1979 CONSTITUTION

The return to civilian rule in 1979 was marked by the adoption of a new constitution, influenced by the American presidential system. The 1979 constitution has the following key features:

1. Presidential System: the constitution introduced an executive President as head of state and government.
2. Federal Structure: the constitution maintained the federal system with states replacing regions.
3. Fundamental Rights: the constitution continued protection of fundamental rights.

SECOND MILITARY ERA (1983-1999)

The military again took control in 1983, leading to another period of military rule characterized by constitutional suspensions and governance by decrees and it caused the following key developments:

1. 1989 Constitution (Unimplemented): the 1989 constitution was drafted in 1989 but was never implemented due to the annulment of the 1993 elections.
2. Decree No. 107 of 1993: this decree established the Interim National Government.

THE 1999 CONSTITUTION

The return to democratic rule in 1999 saw the adoption of the current constitution, which has been amended several times to address emerging issues. The 1999 constitution has the following key features:

1. Presidential System: the constitution reaffirmed the presidential system with an executive President.
2. Federal Structure: the constitution reinforced the federal structure with 36 states and the Federal Capital Territory (FCT).
3. Fundamental Rights: Chapter IV of the constitution guarantees fundamental rights and freedoms. See section 33-46 of the 1999 Constitution which guarantees fundamental rights and freedoms and the case of Fawehinmi v. Babangida (2003) 3 NWLR (Pt. 808) 604 where the court dealt with the enforcement of fundamental rights under the constitution.
4. Independent Judiciary: the constitution ensured the independence of the judiciary. See section 6 of the 1999 Constitution which establishes the powers of the judiciary and the case of Attorney-General of the Federation v. Abubakar (2007) 8 NWLR (Pt. 1035) 117 where the court addressed the interpretation of constitutional provisions on the separation of powers.

AMENDMENTS AND REFORMS

Since 1999, the constitution has undergone several amendments to address various political, economic, and social challenges. The following are the key amendments to the 1999 constitution:

1. First Amendment (2010): this is where the constitution addressed issues such as electoral reforms and the role of the Independent National Electoral Commission (INEC).
2. Second Amendment (2011): this is where the constitution further addressed the electoral reforms and tenure of the President and Governors.
3. Third Amendment (2018): this is where the constitution enhanced legislative autonomy and financial independence of local governments.

CONCLUSION

Nigeria's constitutional development has been a dynamic process, reflecting the country's diverse history and aspirations. From colonial constitutions to the current 1999 Constitution, each stage has contributed to shaping Nigeria's political and legal landscape. The ongoing amendments and reforms underscore the commitment to adapting the constitution to meet contemporary challenges and ensure the protection of citizens' rights and the stability of the federal republic.