The constitutions of Nigeria.

Definition of constitution 

A constitution is a body of rules, which may or may not be written down, which create the various organs of government and allocates to those organs their various power and functions.

If we apply this definition
to the state we can say that a constitution is the body of rule which create the organs of government and set down the powers and function of each of the organs of government, it is the constitution which create parliament, prime minister, council of ministers, house of lords, the senate, house of representative, the congress and all other institution of government.  The definition give above is not the only definition of constitution, anybody can define constitution as he likes.

One of the primary purposes of the adopting of the constitutional government in general is to transform a country into a nation of uniform law. The Nigerian constitution was supposed to glue together all the competing interests - ethnic group, cultural groups, religious sects, and people at divergent political spectrum under one umbrella. It is supposed to offer a prescription on how things ought to be done, and who should do what.

 BUT WHAT DO WE SEE TODAY? THE FAULTY FOUNDATION THAT WE DEVELOPED ON HAS AFFECTED THIS NATION GREATLY, ELECTING OF REPRESENTATIVES INTO GOVERNMENT POSITIONS HAS NOW BEEN TURNED INTO A TRIBAL AND REGIONAL WAR. TERRORIST NOW ROAM OUR ENVIRONMENT FREELY DICTATING WHO MUST BE IN POSITION OF POWER. ALL THIS CAN MAKE ONE WONDER IF THE SAID REGIONALISM REALLY HAS WORKED IN OUR FAVOR THROUGH OUT THIS LONG YEARS

QUICK TRIP DOWN MEMORY LANE.
 

(NEVERTHELESS OUR AREA
OF CONCENTRATION IS THE 1951 CONSTITUTION GENERALLY KNOWN AS THE MCPHERSON CONSTITUTION).

Nigeria is a creation of the Constitution. Nigeria grew into an internationally recognized independent nation, in 1960, after a period of colonialism under the British government which spanned about a century beginning with the formal annexation of Lagos in 1861.

 Nigeria’s constitutional development history can be TRACED TO the colonial or per-independence ERA which covers 6 constitutional instruments (1914, 1922, 1946, 1951, 1954 and 1960) and the post-independence constitutional ERA (encompassing 3 instruments - 1963, 1979 and 1999). While each successive per-independence constitutional instrument was enacted through an order-in-council of the British monarch, their post-independence counterparts were enacted in two ways: an Act of parliament (1963 Constitution) and military decree (1979 and 1999).

The one ‘Nigeria’ story began in 1914 with the Frederick Lugard Constitution. The 1914 Constitution amalgamated the Colony and Protectorate of Southern Nigeria with the Protectorate of Northern Nigeria under the colonial authority of the British Monarch. The emergent entity was administered under the authority of the British monarch through her appointed agent: a Governor GENERAL. Lord Frederick Lugard was the 1st Governor-General of amalgamated Nigeria.  

Eight years later, the 1914 Constitution was replaced by the 1922 Sir Clifford Constitution. 1946 saw the adoption of the Arthur Richard Constitution which defined Nigeria, for the first time, in terms of regions - thus dividing the still colonized country into three main regions: the Northern, Western and Eastern regions.

The chain of events culminated in the formation of the, Five years later 1951 Sir John Macpherson Constitution, 1946 Richards Constitution was again ditched in favour of the 1951 Sir John Macpherson Constitution.

 Oliver Lyttleton stepped in by inviting the leaders of various political parties in Nigeria to attend a conference in London, in 1953. The outcome of that conference and another cycle of conference and consultations which followed was the 1954 Lyttleton Constitution.

In 1960, Nigeria was granted political independence as a sovereign state under the 1960 Constitution which provided for a parliamentary system of government, 3 regions (Northern, Eastern and Western Regions), a bicameral legislative framework at the federal (Senate and House of Representatives) and regional levels (House of Assembly and House of Chiefs) with the legislative powers of government delineated into three categories or lists - exclusive, concurrent and residual. Those fundamental derogations from Nigeria’s sovereignty and other observed challenges in implementing the Independence Constitution led to the enactment of the 1963 Constitution.

In 1966, that Constitution was, however, set aside by a violent military coup d’etat which supplanted the 1st Republic with military dictatorship which was to last for about 13 years IT WAS THEN FOLLOWED BY The 1979 Constitution set up Nigeria under a presidential system of government with a federal government, 19 state governments, a federal capital territory, 3 arms and 3 levels of government. Like the 1963 Constitution, the life-span of the 1979 constitution was abruptly terminated on 31st December, 1983 when the civilian administration of President Shehu Shagari and Vice President Alex Ekwueme was toppled and replaced by the military dictatorship of Generals Muhammed Buhari and Tunde Idiagbon.

That regime seeded 3 other extra-constitutional regimes – the General Ibrahim Babangida military dictatorship (1985-1993), Mr. Ernest Shonekan interim civilian-led regime, General Sani Abacha military dictatorship (1993-1998) and General Abdulsalami Abubakar military administration which successfully ushered in the 3rd Republic on the 27th of May, 1999 with the introduction of the 1999 Constitution.

Five years later, the 1946 Richards Constitution was again ditched in favour of the 1951 Sir John Macpherson Constitution. Although the Richards Constitution was expected to last for nine years, opposition to it, especially from the political leaders, was so strong ACCORDING TO THEM IT WAS IMPOSED ON NIGERIA WITHOUT ADEQUATE CONSULTATION, AND THE COMPOSITION OF THE UNOFFICIAL MAJOURITY WAS MISLEADING AND THIS LED TO THE COMING OF a new constitution, the Macpherson Constitution, promulgated in 1951.

John Macpherson arrived in 1948 and expressed the determination to address the political problems created by his predecessor’s constitution. He set out to collect peoples view and opinion by organizing meeting and conferences both at provincial and regional levels.

Following this, a constitution drafting committee made up of 3 regional representatives, one representative if the colony conference and one representative of the Lagos conference alongside the chief secretary the attorney-general and the financial secretary was established. This committee studied the view of the various constitution meeting and conferences and prepared a draft constitution which was tabled before the all-Nigeria general conference held at Ibadan on January 9-20-1950, under the chairmanship of general home, the then attorney-general. Unlike its predecessors, there was significant participation of Nigerians in its making from the village level up to the Ibadan General Conference of 1950; the major provisions of the Constitution were as follows:

1. The establishment of a 145-member House of Representatives, 136 of them elected, to replace the Legislative Council;

2. A bicameral legislature for both the North and West, one being the House of Chiefs while the East retained the unicameral House of Assembly;

3. The establishment of a Public Service Commission to advise the Governor on the appointment and control of public officers;

4. The competence of the Regional Legislatures to legislate on a range of prescribed subjects while the central legislature was empowered to legislate on all matters including those on the Regional Legislative lists.

RECOMMENDATIONS OF THE GENERAL CONFERENCE:

1.       INCREASED REGIONAL AUTONOMY WITHIN  A UNITED NIGERIA.

2.       MINISTERIAL RESPONSIBILITY FOR MEMBERS OF THE CENTRAL COUNCIL OF MINISTERS AND THE REGIONAL EXECUTIVE COUNCIL.

3.       THE CREATION OF EFFECTIVE REGIONAL LEGISLATURE WITH MORE ELECTED MEMBERS AND REAL POWER.

Regional Recommendations:

1. Northern Region.

• A federal system

• A central Legislature

• Regional Legislature to legislate on specific subjects and others as may be vested by the Central legislature.

2. Western Region

• A federal system whose component units would be formed on ethnic and linguistic basis

• A federal parliament

• Regional parliaments competent to legislate on all residual matters not specifically included in the legislative powers of the central parliament.

3. Eastern Region.

• A federal system

• A central legislature

• Regional legislature that can legislate only on matters as the central legislature may delegate to them.

4. The Lagos Colony.

According to Awolowo (1966:7), the recommendations of the Lagos Colony conference were substantially in the same terms as those of the Western Regional Conferences.3 In response to the public opinion, Sir John Macpherson s constitution substantially reflected some of the views expressed at the conferences and contained in the recommendations submitted by each region.

The constitution was an improvement from Richards constitution in the sense that it was established after due consultation of Nigeria. The constitution introduced a ministerial post in Nigeria for the first time. A quasi-federalism was introduced in Nigeria. The constitution introduced for the time a revenue allocation formulae in Nigeria based on the principle of derivation needs and national interest. Substantially, therefore, the 1951 Constitution was more or less a half-way house between regionalization and federation. 

The 1951 Macpherson Constitution came into being after an unprecedented process of consultation with the peoples of Nigeria. According to Dikemgba “no other constitution so widely reached out to the people than the Macpherson constitution of 1951”. Instructively, meetings and consultations leading down to its making were held at 5 levels – Village, District, Divisional, Provincial and Regional levels – before the national conference. The regional conferences were held at Ibadan, Enugu and Kaduna, respectively and produced a general consensus in favour of a federal system of government with a few differences as to its format.

 The emergent Constitution represented a major advancement on the old constitutional order by introducing African elected majorities in the Central Legislature and in the Regional Houses of Assembly; endowing the legislative houses with independent legislative power in many area of state activity; and establishing a federal system for Nigeria for the first time.

  ALL THIS FEATURES ABOVE SHOWS THAT MACPHERSON CONSTITUTION HAD A LOT OF EFFORT PUT INTO ITS CREATION.

THE CONSTITUTION PUT TO TEST.

The Macpherson Constitution established a central legislative council and a central executive council for the country. The central legislative council known as the House of Representatives consisted of:

A President,

Six ex-official members;

One hundred and thirty-six (136) representative members elected from the Regional House, and Six special members appointed by the Governor to represent interests not adequately represented in the House.

In the centre there was also an executive council otherwise known as the council of ministers. It consisted of the Governor as President, six ex-official members and twelve ministers.

Each region was represented by four ministers appointed by the Governor on the recommendation of regional legislatures. But the ministers were not made in-charge of departments.

The Constitution divided the country into three uneven regions - Northern Region, Western Region and Eastern Region, and in each region there existed a Regional Legislature and an Executive Council. In the Northern and Western Regions there were houses of Chiefs and Houses of Assembly, but in the Eastern Region, there was only one House - House of Assembly.

THE REGIONAL LEGISLATURES:  

The Northern House of Chiefs - It consisted of the Lieutenant Governor who presided, all first class chiefs, 37 other chief, 3 official members and an adviser on Moslem Laws.

The Northern House of Assembly - It consisted of the President, 90 indirectly elected members, 4 official members and not more than 10 members nominated by the Governor to represent interests not adequately represented.

The Eastern House of Assembly - It consisted of the Lieutenant Governor as President, 80 elected members, 5 official members and 3 members nominated to represent interests and communities not adequately represented. WHILE

The Western House of Assembly - It comprised a President, 80 elected members, 4 official members and 3 members to represent interests and communities not adequately represented. The Western House of Chiefs was made up of the Lieutenant Governor as President, 50 chiefs, 3 official members and not more than 3 special members appointed by the Lieutenant-Governor. The regional legislatures legislated only with respect to certain specified subjects and the list included Agriculture, Education, Local Government and Public Health, while the central legislature legislated on all subjects including those on which the regional legislatures legislated.

Composition of the Regional Assemblies.

The Northern Region

i) House of Assembly

• President appointed by the Lieutenant-Governor

• Official members 4

• Special members 10

• Elected members 90

ii) House of Chiefs

• Governor as President

• All first class Emirs

• Other Chiefs 37

• Official member 3

• Adviser on Moslem Law 1

The Western Region

i) House of Assembly

• Governor as the President

• Official members 4

• Special members 3

• Elected members 80

ii) House of Chiefs: Lieutenant-Governor as President, All first and second class Oba 50, Official members 3, Special members 3

The Eastern Region

i) House of Assembly: Lieutenant-Governor as President, Official members 5, Special members 3, Elected members 80.

The features of Macpherson constitution of 1951

1.  The constitution established a central legislative and executive council

2.     The Centre legislative body is known as “house of representative” it was a single chamber legislative

3.     The Centre executive body is known as the council of ministers. This central executive is made up of the president, 6 ex-officials members and 12 ministers.

4.     The constitution also established regional legislative and executive council for north, west and east.

5.     The region legislative council in the north and west was made up of two chambers, the house of chief and the house of assemblies

6.      The eastern region had only a single chamber legislative council- the house of assembly, there was no house of chief.

7.     The regional executive council is head by lieutenant governor and member of the regional legislature appointed by lieutenant governor

8.     The regional legislature was only allowed to legislate on certain prescribed issue like agriculture, education, local government etc.

9.     The Centre legislature was given the power to legislate on ALL issues as well as volte on regional legislations.

10. The constitution established a public service commission, whose function was for appointment, dismissal and other disciplinary control of public officers.

 11. The adoption of a federal system of government

1

DEFECTS OF THE CONSTITUTION:

1.       REGIONALISM:

The Constitution divided the country into three uneven regions - Northern Region, Western Region and Eastern Region, and in each region there existed a Regional Legislature and an Executive Council. In the Northern and Western Regions there were houses of Chiefs and Houses of Assembly, but in the Eastern Region, there was only one House - House of Assembly.

The introduction of regionalism had the effect of artificially dividing the country, a division which was beneficial to the colonial masters because the regions were given greater autonomy.         

 In addition, the ministers in the central executive council were not in control of government departments but were in charge of specific government business. This made the government in the centre not responsible. Since the ministers were regionally selected, they were regional conscious instead of being national conscious. under the Constitution there was no country-wide political party commanding a majority of all the three regions. Three different political parties were in power in each region in Nigeria.

Secondly, the three most important political leaders in the country were not in the central legislative council. Dr. Nnamdi Azikiwe, leader of the National Council of Nigeria and Cameroons, Chief Obafemi Awolowo, leader of the Action Group, and Alhaji Ibrahim Ahmadu Bello, the Sarduana of Sokoto, the leader of the Northern People Congress were not in the central Representative Council.

The absence of the political leaders of the country in the central legislative council coupled with the absence of a country-wide political party with majority certainly weakened the central legislative council. As a result of no country-wide political parties, the work of the council ministers was made very difficult. The ministers coming from different regions felt that their responsibility was to their respective regions. This was as a result of the method of selecting them. ALSO, there was inter-regional friction, Issues at the centre were viewed upon from regional view point. The Eastern regional crisis of 1953 contributed also in the collapse of the Constitution.

2.        DOMINATION BY THE BRITISH: 

The constitution failed to give Nigeria a full responsible government rather it gave Nigeria a full responsible government rather it gave Nigeria a semi or quasi- responsible government.

The principle of indirect election and the inclusion of special interests in the legislature was bitterly criticised by the nationalist leaders. The nationalist leaders wanted the abolition of special interests. The N.C.N.C. leaders wanted direct elections as to give the electorate the opportunity to participate in the selection of their representatives.

 In addition, the ministers in the central executive council were not in control of government departments but were in charge of specific government business. This made the government in the centre not responsible. Since the ministers were regionally selected, they were regional conscious instead of being national conscious. Besides, none of the political leaders of the three major political

parties was in either the House of Representatives or in the central executive council. The constitution was condemned by the nationalists because it was only the government proposals that were eventually considered at the final stage.

In the same vein, the composition of the Constitution review committee was designed to suit the imperialist interests, giving more preference to the native Chiefs who had been serving the colonial interests. The ministers were not in charge of given departments or a ministry that is, they were ministers without portfolios.

THE GOVERNOR GENERAL HAD VETO POWER.

3.       THE CONSTITUTION:

Firstly, under the Constitution there was no country-wide political party commanding a majority of all the three regions. Unlike the Gold Coast, now Ghana, where the Convention Peoples Party won a country-wide victory, three different political parties were in power in each region in Nigeria.

 The Constitution made no provision for the appointment of a Prime Minister in the centre and on account of this the cabinet did not perform as a team. Each of the ministers received instructions from their respective regions. The Constitution was undemocratic in the sense that it was the Governor that provided questions (VETO POWER) to whose answers formed the Constitution. The Constitution made no provision for the establishment of a Second Chamber in the centre and it did not provide for the House of Chiefs in the Eastern Region. The retention of official members in the centre and in the Regions was a defect.

Also the Constitution did not provide for a uniform electoral system, for in the Northern Region there was an indirect election while in both the Eastern and Western Regions there was direct election. The Constitution also retained both reserved, veto powers and the Governor might even legislate for the whole country in the interest of good government. Under the Constitution there was no country-wide political party commanding a majority of all the three regions. Three different political parties were in power in each region in Nigeria.

Thirdly, there was no provision under the Constitution either at the centre or in the regions for the appointment of a Prime Minister of Premier. In addition, the Constitution established a Public Service Commission for Nigeria which advised the Governor on any question relating to appointment or dismissal or other disciplinary control of public officers, or any other matter affecting public service.

 LASTLY, The constitution did not provide for a true political leadership either at the Center or in the region, for example, there was no provision for the post of the prime minister or premier. Consequently, the government of the federal had not effective leadership. The constitution did not provide for cohesion or team spirit in the council for Nigeria and Cameron (NCNC) in the eastern region was responsible for the collapse of  the Macpherson constitution of 1951. The body of rules which set down the organs through which the trade union will function, and which also set down what power and functions would be given to each organ is called the constitution.

4.       REVENUE ALLOCATION UNDER THE 1951 CONSTITUTION:

Revenue allocation was based on the principles of Needs, Derivation and of National Interests WHICH LED TO THE EXPLOITATION OF THE REGIONS.

Principle of Derivation:

The Constitution provided that the central government would return to the regional governments all the taxes that their citizens had paid. To achieve this, it was agreed that half of the revenue from taxes on tobacco and cigarettes should be given to the regions with respect to their respective consumption. This in effect, means that the tobacco consumed in cities like Kano, Lagos and Port Harcourt which formed one half of the taxes on the, be given to the Northern, Western and Eastern Regions.

Principle of Needs:

This meant that grants be related to the needs of the people in each region without regards to the output or consumption of the region. To achieve this, the central government should make a substantial grant to regions in respect of every adult male tax payer in each region AND THIS LEFT OUT THE MEANS OF DEVELOPING THE REGIONS (SINCE THE GRANT COULD ONLY BE SPENT FOR PURPOSES OF NATIONAL IMPORTANCE).

Principle of National Interest:

This meant that revenue should be spent be spent for the purposes of national importance. To give effect to this, it was agreed that education should be given hundred per cent grant because it was considered of national importance. Because of differences in the rate of education among the three regions, the Northern Region had a lion share of the grants on education. WHICH LED TO THE EXPLOITATION OF OTHER REGIONS.

5.       DOCTRINE OF COLLECTIVE RESPONSIBILITY:

The doctrine of collective responsibility was also partially responsible for bringing about the collapse of the Macpherson Constitution, because the central ministers coming as they did from each region and under different political parties could not regard one of them as the Prime Minister.                       There was, therefore, the inherent danger that the ministers support for government policies was likely to be less emphatic.

Besides, the self-government motion introduced by Chief Anthony Enahoro, sparked off the already laid mines, hence, the Constitution's total collapse. When the self government motion was introduced, the central ministers wanted to put into force the doctrine of collective responsibility and in order to participate in the debate, all the Action Group ministers in the council of ministers resigned and all efforts to bring them back failed.

The Northern delegates that opposed the independence motion were back at by the Lagos crowd and they threatened to secede from Nigeria. The Kano riot of May 1953 was as a result of the treatment given to the Northern delegates. The riot started when Chief S.L. Akintola toured Northern Nigeria for campaigns.

6.       POLITICALLY:

THE CONSTITUTION FAILED TO PROVIDE FOR THE EMERGENCE OF TRULY NATIONAL POLITICAL PARTIES, The introduction of enlarged membership at the Central and Regional levels by the 1951 constitution provided the opportunities for the formation of political parties that contested elections into the Regional Assemblies. While the Chief Obafemi Awolowo-led Action Group (AG) controlled the West, the Sir Ahmadu Bello-led Northern Peoples Congress (NPC) controlled the North, the Dr. Nnamdi Azikiwe-led National Council and Nigerian Citizens (NCNC) controlled the East. The subsequent political intrigues led to the breakdown of the Constitution and gave way to another one in 1954. (NPP,NCNC AND AG) WHERE REGIONALLY AND TRIBAL BASED AND THAT LED TO VIOLENCE AND TRIBAL WARS BETWEEN THE THREE REGIONS AND THE LEADERS OF THE MAIN POLITICAL PARTIES WERE CONTENT AT STAYING HOME AT THEIR REGIONS.

 IN OUR PRESENT WORLD OF TODAY ESPECIALLY IN NIGERIA, POLITICS HAS BEEN TURNED INTO A TRIBAL, REGIONAL OR RELIGIOUS STRUGGLE FOR POWER, BECAUSE OF ITS FOUNDATION.

THE ABSURD FORM OF REPRESENTATION IN WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES WERE AT THE SAME TIME MEMBERS OF THE REGIONAL ASSEMBLIES ENCOURAGED DIVIDED LOYALITY.

CONCLUSION:

Infact, Macpherson has been said to be the most accommodating British governor in terms of constitution making in Nigeria because he took the initiative of seeking public opinion by launching constitution debates and conferences, thus avoiding the mistakes his predecessors made by not consulting the people.

Though this constitution was adjudged the best by many Nigerian analysts, the inherent problem with it and its operations come to light in 1955, in the year, there was crisis over the issue of self-government. The council of minister became divided against itself and four representatives of the action group resigned their appointment and it became obvious that the political problems of amalgamated Nigeria were far from settle.

A weak constitutional and institutional basis for development politics; an unbalanced federation; regionalism which engendered mutual jealously and fear; and regionally-based political constituencies EMERGED FROM THE MAKING OF THE MACPHERSONS CONSTITUTION. Nonetheless, within three years of its operation, it soon became clear that the expansion of the political space and regional identities fostered by the 1951 Constitution were not backed up by the requisite institutional framework or insightful national leadership for the management of inherent and other tensions or conflict, at the national and regional levels, which followed its enactment. In the wake of reports of violent eruptions in the northern city of Kano which pitched northerners against southerners leading to massive loss of lives and property, the then British Secretary of State for the Colonies.

 ALL THE FACT LISTED ABOVE SUPPORT THE FACT THAT MAPHERSONS CONSTITUTION WAS LADDEN IN CRISIS DESPITE EFFORTS INVESTED INTO ITS CREATION.

REFERENCES.

1.       www.emrislot.com.

2.       THE Vanguard Comment of March 14, 2012 titled “Challenges of Regionalisation”

3.       ONLINE NIGERIA.

4.       NIGERIAN CONSTITUTIONAL  HUB.

5.       WWW.LAWNIGERIA.COM.

6.       WWW.NIGERIAN-LAW.ORG.

7.       NGEX! NIGERIAN EXCHANGE.

8.       WWW.ACEDEMIA.EDU

9.       Awolowo, Obafemi (1966). Thought on Nigerian Constitution. Ibadan:

10.   Oxford University Press.

11.   Olusanya, G. O (1973). The Second World War and Politics in Nigeria,1939-1953. London: Evans Brothers.

12.   J.A AINBADE, GOVERNMENT EXPLAINED.