1pos 112 Nigerian Constitutional Development-1-1

UNIVERSITY OF MAIDUGURI
CENTRE FOR DISTANCE LEARNING
PAD 103: Nigerian Constitutional Development

(2 Units)
Course Facilitator:
i
PAD 103: NIGERIAN CONSTITUTIONAL DEVELOPMENT: 2 UNIT
STUDY GUIDE
Course Code/ Title:
Credit Units:
Timing:
Total hours of Study per each course material should be twenty Six
hours (26hrs) at two hours per week within a given semester.
You should plan your time table for study on the basis of two hours per
course throughout the week. This will apply to all course materials you
have. This implies that each course material will be studied for two
hours in a week.
Similarly, each study session should be timed at one hour including all
the activities under it. Do not rush on your time, utilize them adequately.
All activities should be timed from five minutes (5minutes) to ten
minutes (10minutes). Observe the time you spent for each activity,
whether you may need to add or subtract more minutes for the activity.
You should also take note of your speed of completing an activity for the
purpose of adjustment.
Meanwhile, you should observe the one hour allocated to a study
session. Find out whether this time is adequate or not. You may need to
add or subtract some minutes depending on your speed.
You may also need to allocate separate time for your self-assessment
questions out of the remaining minutes from the one hour or the one
hour which was not used out of the two hours that can be utilized for
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your SAQ. You must be careful in utilizing your time. Your success
depends on good utilization of the time given; because time is money, do
not waste it.
Reading:
When you start reading the study session, you must not read it like a
novel. You should start by having a pen and paper for writing the main
points in the study session. You must also have dictionary for checking
terms and concepts that are not properly explained in the glossary.
Before writing the main points you must use pencil to underline those
main points in the text. Make the underlining neat and clear so that the
book is not spoiled for further usage.
Similarly, you should underline any term that you do not understand its
meaning and check for their meaning in the glossary. If those meanings
in the glossary are not enough for you, you can use your dictionary for
further explanations.
When you reach the box for activity, read the question(s) twice so that
you are sure of what the question ask you to do then you go back to the
in-text to locate the answers to the question. You must be brief in
answering those activities except when the question requires you to be
detailed.
In the same way you read the in-text question and in-text answer
carefully, making sure you understand them and locate them in the main
text. Furthermore before you attempt answering the (SAQ) be sure of
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what the question wants you to do, then locate the answers in your in-
text carefully before you provide the answer.
Generally, the reading required you to be very careful, paying attention
to what you are reading, noting the major points and terms and concepts.
But when you are tired, worried and weak do not go into reading, wait
until you are relaxed and strong enough before you engage in reading
activities.
Bold Terms:
These are terms that are very important towards
comprehending/understanding the in-text read by you. The terms are
bolded or made darker in the sentence for you to identify them. When
you come across such terms check for the meaning at the back of your
book; under the heading glossary. If the meaning is not clear to you, you
can use your dictionary to get more clarifications about the
term/concept. Do not neglect any of the bold term in your reading
because they are essential tools for your understanding of the in-text.
Practice Exercises
a. Activity: Activity is provided in all the study sessions. Each
activity is to remind you of the immediate facts, points and major
informations you read in the in-text. In every study session there is
one or more activities provided for you to answer them. You must
be very careful in answering these activities because they provide
you with major facts of the text. You can have a separate note book
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for the activities which can serve as summary of the texts. Do not
forget to timed yourself for each activity you answered.
b. In-text Questions and Answers: In-text questions and answers
are provided for you to remind you of major points or facts. To
every question, there is answer. So please note all the questions
and their answers, they will help you towards remembering the
major points in your reading.
c. Self Assessment Question: This part is one of the most essential
components of your study. It is meant to test your understanding of
what you studied so you must give adequate attention in answering
them. The remaining time from the two hours allocated for this
study session can be used in answering the self- assessment
question.
Before you start writing answers to any questions under SAQ, you
are expected to write down the major points related to the
particular question to be answered. Check those points you have
written in the in-text to ascertain that they are correct, after that
you can start explaining each point as your answer to the question.
When you have completed the explanation of each question, you
can now check at the back of your book, compare your answer to
the solutions provided by your course writer. Then try to grade
your effort sincerely and honestly to see your level of performance.
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This procedure should be applied to all SAQ activities. Make sure

you are not in a hurry to finish but careful to do the right thing.
e-Tutors: The eTutors are dedicated online teachers that provide
services to students in all their programme of studies. They are expected
to be twenty- four hours online to receive and attend to students
Academic and Administrative questions which are vital to student’s
processes of their studies. For each programme, there will be two or
more e-tutors for effective attention to student’s enquiries.
Therefore, you are expected as a student to always contact your e-tutors
through their email addresses or phone numbers which are there in your
student hand book. Do not hesitate or waste time in contacting your e-
tutors when in doubt about your learning.
You must learn how to operate email, because e-mailing will give you
opportunity for getting better explanation at no cost.
In addition to your e-tutors, you can also contact your course facilitators
through their phone numbers and e-mails which are also in your
handbook for use. Your course facilitators can also resolve your
academic problems. Please utilize them effectively for your studies.
Continuous assessment
The continuous assessment exercise is limited to 30% of the total marks.
The medium of conducting continuous assessment may be through
online testing, Tutor Marked test or assignment. You may be required to
submit your test or assignment through your email. The continuous
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assessment may be conducted more than once. You must make sure you
participate in all C.A processes for without doing your C.A you may not
pass your examination, so take note and be up to date.
Examination
All examinations shall be conducted at the University of Maiduguri
Centre for Distance Learning. Therefore all students must come to the
Centre for a period of one week for their examinations. Your preparation
for examination may require you to look for course mates so that you
form a group studies. The grouping or Networking studies will facilitate
your better understanding of what you studied.
Group studies can be formed in villages and township as long as you
have partners offering the same programme. Grouping and Social
Networking are better approaches to effective studies. Please find your
group.
You must prepare very well before the examination week. You must
engage in comprehensive studies. Revising your previous studies,
making brief summaries of all materials you read or from your first
summary on activities, in-text questions and answers, as well as on self
assessment questions that you provided solutions at first stage of studies.
When the examination week commences you can also go through your
brief summarizes each day for various the courses to remind you of main
points. When coming to examination hall, there are certain materials that
are prohibited for you to carry (i.e Bags, Cell phone, and any paper etc).
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You will be checked before you are allowed to enter the hall. You must
also be well behaved throughout your examination period.
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TABLE OF CONTENTS
Study Session 1: Meaning of Constitution .................................................................................. 1

Study Session 2: Types of Constitution....................................................................................... 9
Study Session 3: Unitary and Federal Constitution ....................................................................... 16
Study Session 4: Nigerian Constitutional Development .......................................................... 23
Study Session 5: Lyttleton Constitution of 1954 ..................................................................... 34
Study Session 6: Independence and Post Independence Constitutions in Nigeria ............... 37
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Study Session 1: Meaning of Constitution
Introduction
The constitution is a term you hear almost every day. Most social clubs, associations and
countries across the globe run their affairs with the help of a constitution because the constitution
directs the affairs of people in a state. This study session is therefore aimed at introducing you to
the meaning and relevance of constitution in a state or country.
Learning Outcomes
At the end of this session, you should be able to do the following:
1.1 Define a constitution.
1.2 Trace the origin of constitution.
1.3 List the relevance of the constitution.
1.4 List the sources of constitution.
1.1 Definition of Constitution

The constitution is a body of fundamental rules, principles, laws and conventions that guide
the conduct of affairs in a state or country. It is a body of doctrines and practices that form
the fundamental organizing principle of a political state. Every modern state has a
constitution. The constitution directs a country politically, economically and socially. The
constitution in fact spells the basic political institutions in a country and its principles are
used in running the affairs of the country.
The constitution is prescribed by the people and collectively they prescribe how power
would be distributed among the various segments of the people that make up the country. The
constitution also prescribes the functions of the organs of government i.e., the Executive, the
Legislature. It also defines their standards and duties. The 1979 and 1999 constitutions of the
Federal Republic of Nigeria are very good examples of constitution of a state.
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ITQ What is a constitution?
ITQ
The constitution is a body of fundamental rules, principles, laws and conventions that guide
the conduct of affairs in a state or country. It is a body of doctrines and practices that form
the fundamental organizing principle of a political state.
1.2 Origin of Constitution

The genesis or origin of constitution in societies is always traced to the works of Thomas
Hobbes and John Locke (the social contract). Hobbes’ main contribution to
constitutionalism lies in his radical rationalism. Individuals, according to Hobbes, come
together out of the state of nature which is a state of disorder and war because the reasoning
of man at this particular time tells him that he can best ensure his self-preservation by
giving all power to a sovereign. The sovereign may consist of a single person, an assembly
or the whole body of citizens. Hobbes held that any division of these powers destroyed the
sovereign and thereby returned the members of the society to a state of nature in which the
condition of man is solitary, poor, nasty, brutish and short. The constitution was therefore
made to bring order in the society.
ITQ What is the state of nature Thomas Hobbes described in his social contract theory?
ITQ Answer
The state of nature is that state in which the condition of man is solitary, poor, nasty, brutish and
short. It is this condition that led to the introduction of constitution in societies.
1.3 Relevance of Constitutions

The importance of having a constitution in a state cannot be over emphasized. The
following could be put forward as the importance of the constitution:
1. The constitution stipulates the rights, duties and obligations of citizens. A right refers to
the right of prerogative that a citizen can legally enjoy by virtue of his citizenship. The
constitution therefore spells the following rights individuals can enjoy in a state:
i. Rights to life and privacy
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ii. Freedom from fear and ignorance
iii. Right to some measure of economic well being and good standard of living
iv. Right to peaceful association and assembly
v. Right to vote and be voted for
vi. Freedom from discrimination
vii. Freedom of movement
viii. Freedom of conscience and thought
ix. Rights to property and justice
Duties of the citizens: The constitution also spells the duties of citizens. He is expected
to:
i. pay tax,
ii. obey laws of authority,
iii. be patriotic and loyal to the state,
iv. help prevent criminal act,
v. protect public property and
vi. protect the sovereign integrity of the country.
2. A constitution states the organs of government and their functions.
3. It also states the relationship that should exist between the arms of government i.e.,
intergovernmental relationship, finance, security issues, education, power sharing etc.
4. A constitution specifies the type of government to operate. It could be either unitary,

federal, presidential or parliamentary system of government.
5. A constitution limits the power of the organs of government.
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6. A constitution stipulates the party system to adopt and the ideological direction of the
country.
7. A constitution helps in effecting a peaceful change in government as it provides no room

for violent change. The time or duration the executives and legislatures should spend in
office, say 4 years, 3 years or 2 years, as the case may be, must be stated in the
constitution.
8. A constitution is a symbol of unity, sovereignty and nationhood.
ITQ
1. The following are the importance of a constitution except.

(a) It states the organs of government and their functions.
(b) It limits the powers of the organs of government.
(c) It describes the type and race of the people.
(d) It stipulates the rights duties and obligations of the citizens.
ITA
It describes the type and race of the people.
1.4 Sources of Constitution
Sources of constitutions are those areas or aspects that a state or country look up to when
making and applying a constitution. Basically, their norms, beliefs, customs, traditions etc.
are always considered when drafting a new constitution. The following are the sources of
constitution:
1. Acts of parliaments: This refers to the bill passed into law by the legislative organ of
government and it serves as a source of constitution. The 1689 Bill of Right in Britain
led to the foundation of the bases of the supremacy of the constitution over and above
individuals within the country.
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BOLD TERMS
BILL: A bill is a draft of a proposed law presented to the parliament, congress or the national
assembly for discussion.
RIGHT: Rights refers to the right of prerogative that a citizen can legally enjoy by virtue of his
citizenship.
2. Decrees: These are laws made by the military government. Such decrees are raw
materials for making a constitution. For instance in Nigeria, successive military regimes
have come up with decrees and these decrees have found their ways into the constitution
of Nigeria. E.g., Decree 419 enacted to check the activities of drug and drug traffickers
in the country found its way into the 1999 constitution of Nigeria.
3 Customs and norms: These refer to the acceptable principles and ways of living of a
people and they can serve as a source of constitution or when drafting a constitution.
For instance, the federal character principle enshrined in the 1979 constitution.
4 Judicial precedents: Previous verdicts on cases and crucial decisions of courts are
essential sources of the constitution. Decisions emanating from law courts on
constitutional matters e.g. fundamental human rights, land acquisition and compensation
etc. become another source through which constitution can be derived from. Such
judicial interpretations become acceptable over a period and are seen as the embodiment
of the peoples’ behaviour and that of the government.
5 Historical document: Historical reports about the evolution of a country including

agreements, treaties or pacts signed with other countries can be source of constitution.
Example the Magna Carta Act (1215) in Britain became the basis through which some
constitutional provisions become supreme in Britain. It was from this act that Habeas
Corpus Act of 1679 in the United States of America was also derived.
BOLD TERM
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MAGNA CARTER: Is a document against oppression. It protects the liberty of citizens

in Britain. The Magna Carter act states, “no free man shall be imprisoned or
dispossessed except by the lawful judgment of his peers or by the law of the land”.
6 Constitutional conferences: Constitutional conferences are where political issues are

discussed. Resolutions from such conferences can serve as source of constitution. In
Nigeria, a number of constitutional conferences were held. For example, a constitutional
conference was held in 1995. In addition, before the 1979 constitution came into effect,
the Constitution Drafting Committee also organized conferences across the geo-political
zones in the country to get inputs for the new constitution. The 2015 constitutional
conference held at Abuja recently was organized to correct the anomalies in the 1999
constitution of the Federal Republic of Nigeria.
7 International law: Countries that are members of international organizations adhere

strictly to international laws which can also be a source of domestic laws. For instance,
some constitutional provisions are derived from international documents e.g. the 1948
United Nations Declaration on Human Rights (Bill of Rights), the Organization of
African Unity (OAU) now known as African Union (AU) adoption of the African
Human Rights Charter and the Atlantic Charter which adopts the sovereign equality of
all nations have incorporated some of these international laws into their domestic laws.
ITQ
1. The following are sources of constitutions except:

(a) Acts of Parliament
(b) Decrees
(c) Constitutional conferences
(d) Historical Documents
(e) Rights
ITA Rights
Summary
In Study Session 1, you have learned that:
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1. The constitution is a body of fundamental rules, principles, laws and conventions that
guide the conduct of affairs in a state or country.
2. The genesis or origin of constitution in societies is always traced to the works of

Thomas Hobbes and John Locke (the social contract).
3. The constitution stipulates the rights, duties and obligations of citizens. A right refers
to the right of prerogative that a citizen can legally enjoy by virtue of his citizenship.
4. Sources of the constitution include: Decree, Historical documents, conferences, and

judicial precedents etc
Self Assessment Questions

Now that you have completed this study session, you can assess how well you have achieved its
learning outcomes by answering the following questions. Write your answers in your study diary
and discuss them with your tutor at the next study support meeting. You can check your answers
with the Notes on the Self-Assessment Questions at the end of this Module.
SAQ 1.1 (Testing Learning Outcomes 1.1)
What is a constitution?
SAQ 1.2 (Testing Learning Outcomes 1.4)
List seven major sources of constitution.
Reference
Appadoria, A. (1974) The Substance of Politics. New Delhi: Oxford University Press.
SAQ Answer 1.1
A constitution is a body of fundamental rules, principles, laws and conventions that guide the
conduct of affairs of a state or country. It is a body of doctrines and practices that form the
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fundamental organizing principle of a political state. Every modern state has a constitution. The
constitution directs a country politically, economically and socially.
SAQ Answer 1.4
The seven sources of constitution are:
i. Acts of the parliament
ii. Decrees
iii. Customs and norms
iv. Judicial precedents
v. Historical documents
vi. Constitutional conferences
vii. International law
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Study Session 2: Types of Constitution

Introduction
In this session, you will be introduced to the various types of constitution. The major types of
constitution are the written, unwritten, rigid, flexible, federal and unitary constitution. Every
state has its own form of constitution depending on the type of government it is operating. We
shall therefore examine the various forms of constitution in this session by looking at their
features, merits and demerits.
Learning Outcomes
By the end of this session, you should be able to:
2.1 define written constitution,
2.2 list the advantages of a written a constitution,
2.3 list the disadvantages of a written constitution,
2.4 define an unwritten constitution,
2.5 list the advantages of an unwritten constitution,
2.6 list the disadvantages of an unwritten constitution,
2.7 define a rigid constitution,
2.8 give the merits of a rigid constitution,
2.9 list the demerits of a rigid constitution,
2.10 define a Flexible constitution,
2.11 give the merits of a flexible constitution and
2.12 list the demerits of a flexible constitution.
2.1 Written Constitution

A constitution is said to be written when it is contained, codified and published in a single
document. A written constitution always highlights the essence of the constitution, that is,
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why the constitution is in existence. A written constitution always states the procedure for
its amendments or alteration. It is simple and can be easily consulted. A written
constitution is also called a rigid constitution. Examples of countries that operate written
constitutions include United States of America, Germany, Argentina, India, South Africa
and Nigeria among others.
ITQ
A constitution that is contained and published in a single document is called -----------------

-
ITA
Written constitution.
2.2 . Advantages of a Written Constitution
1. A written constitution can be easily be obtained and consulted.
2. It reduces political conflict between the organs of government because their relationship is
clearly spelt out by the constitution.
3. A written constitution ensures stability since the laid down rules and regulation can hardly
be manipulated.
4. It helps the citizens to know when their rights are violated in order to seek redress in law
court.
5. The written laws cannot be easily manipulated to meet the interest of few influential
citizens.
6. It facilitates point of reference making in the event of court action.
2.3 .Disadvantages of a Written Constitution
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1. It is always difficult to amend. This makes it unsuitable to accommodate social, political

and economic dynamics of the environment.
2. A written constitution may create constant frictions among the organs of government
especially if it has some loopholes.
3. Interpretation of a written constitution is always laced with ambiguity.
4. A written constitution may not cover exhaustively all the items crucial to different tiers or
organ of government.
5. The constitution cannot be used in a unitary state
6. There are many litigations arising from the violation of one right or the other.
ITQ
1. A constitution is said to be rigid when it is ---------------------
ITA
Difficult to amend
ITQ
2. Mention any three countries that operate the written constitution:
ITA
a. United States of America
b. Germany
c. Nigeria
2.4. An Unwritten Constitution
This type of constitution is not contained in a single document but its provisions are found in
several agreements, bonds, charters, court verdicts, parliamentary resolutions, conventions and
the like. Britain and New Zealand are good examples of countries that operate unwritten
constitutions.
Bold Term
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Conventions: Conventions are rules and precepts accepted and enforced in the administration of
a state, although they are not legally enforceable. A breach of a convention may be a breach of
law. Conventions are usually associated with the British political system.
2.5 Advantages of Unwritten Constitution

1. An unwritten constitution is flexible thereby making it suitable for the dynamics of the
society.
2. It is easy for decisions to be made.
3. The procedure for amendment is not cumbersome.
4. Interpretation of the constitution can easily be made since it is not rigid.
5. Since the constitution is not codified into a single document, many areas of
misunderstanding can easily be expunged.
6. An unwritten constitution can adequately carter for emergencies.
2.6 Disadvantages of Unwritten Constitution

1. An unwritten constitution is susceptible to abuse since the constitution is not codified or
written down in a single document. It can give rise to despotic, tyrannical rulers.
2. It does not adequately carter for the need of the citizens especially in the aspect of
fundamental human rights.
3. It can be easily manipulated by the government in power for selfish need.
4. Easy reference cannot be made in dealing with cases because the constitution is not
contained in a single document.
5. When a constitution is unwritten, unconstitutional acts of government cannot be promptly

ascertained and dealt with.
ITQ
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2. The constitution whose provisions are found in several agreements, bonds, charters, court
verdicts etc. is called ------------------
ITQ Answer
An unwritten constitution.
2.7 Rigid Constitution
A rigid constitution cannot be easily amended. Most rigid constitutions are not easily amended
because of the procedures of amendment is very cumbersome. The rigid constitution is one
whose amendment procedure is complex and very different from that of an ordinary law, for
example, to change any of the entrenched clauses. Most countries with written constitution have
a rigid constitution. United States of America and Nigeria are examples of countries with rigid
constitutions.
2.8 Merit of Rigid Constitution

1. A rigid constitution is difficult to amend thereby preventing quick or hasty decisions.
2. The constitution cannot be easily amended to meet the interest of few individuals.
3. A rigid constitution guarantees political stability because the constitution cannot undergo
frequent changes.
4. It guarantees the protection of the rights of the minority in a plural state.
2.9 Demerits of a Rigid Constitution

1. A rigid constitution is always confronted with complaints and litigations.
2. It cannot be used in emergencies.
3. It is difficult to amend because the amendment procedure is cumbersome.
2.10 Flexible Constitution

A flexible constitution is said to be flexible when all the laws and principles by which a state is
governed can be amended without going through a difficult process. As the name implies, it is
flexible because it is susceptible to change. A flexible constitution is in fact the one where the
amendment procedure for a constitutional law or provision is not special or different from the
procedure for making and changing ordinary law by parliament. For instance, New Zealand and
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Britain are examples of countries with flexible constitutions. A normal two-thirds majority of the
legislature is enough to change any part of the constitution.
2.11. Merits of a Flexible Constitution

1. A flexible constitution can be easily amended.
2. It can easily meet the emergency of a given situation due to its flexibility.
3. It is less expensive to operate.
4. Conflicts and bitterness that characterize the rigid constitution is reduced in flexible
constitution.
2.12. Demerits of a Flexible Constitution

1. A flexible constitution encourages the domination of minority by the majority.
2. It is not suitable in a heterogeneous society like Nigeria.
3. It can easily give rise to a dictator since the constitution can easily be changed.
4. The flexible constitution has many ambiguities as it is subject to different interpretations,

– thus giving rise to confusion and instability.
ITQ
Features of written constitutions include the following except:

(a) It is confined in a single document.
(b) It states the procedure for its amendment.
(c) It can be easily be consulted.
(d) Its laid down rules and regulations can be easily manipulated.
ITQ Answer
Its laid down rules and regulations can be easily manipulated.
Summary
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1. A written constitution is a constitution that is written down in a single document.

2. An unwritten constitution is a type of constitution that is not written in a single
document.
3. This is the type of constitution which is not contained in a single document but its
provisions are found in several agreements, bonds, charters court verdicts and
parliamentary resolutions.
4. A rigid constitution is the type that cannot be easily amended because the procedures
for its amendment is difficult.
5. Flexible constitution is the type of constitution that can be easily amended because its
amendment procedures are not cumbersome.
Now that you have completed this study session, you can assess how well you have achieved
its learning outcomes by answering the following questions. Write your answers in your study
diary and discuss them with your tutor at the next study support meeting. You can check your
answers with the Notes on the Self-Assessment Questions at the end of this Module.
SAQ 2.1 (Testing learning outcomes 2.7)
What is a rigid constitution?
List four demerits of a flexible constitution.
Reference
Appadoria, A (1974) The Substance of Politics. New Delhi: Oxford University Press.
SAQ Answer 2.1
A rigid constitution is the type of constitution that cannot be easily amended. Most rigid
constitutions are not easily amended because the procedures of amendment are very
cumbersome. Most countries with written constitutions have rigid constitutions. United States of
America and Nigeria are examples of countries with rigid constitutions.
SAQ Answer 2.2
1. A flexible constitution can be easily amended.
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2. It can easily meet the emergency of a given situation due to its flexibility.
3. It is less expensive to operate.
4. Conflicts and bitterness that characterized the rigid constitution is reduced in flexible
constitution.
Study Session 3: Unitary and Federal Constitution

Introduction
In Study Session 2, you learnt about the written and unwritten constitution as well as rigid and
flexible constitution. This session will also introduce you to other types of constitution such as
the unitary and federal constitution. The most important aspect I would like you to understand in
this module are the factors to be considered when adopting a unitary or federal constitution
because these factors determine the success or failure of the type of constitution a state would
wish to adopt.
Study Outcome
By the end of this session, you will be able to:
3.1 define a unitary constitution,
3.2 list the features of a unitary constitution,
3.3 list the advantages of a unitary constitution,
3.4 list the factors to be considered when adopting a unitary constitution,
3.5 define a federal constitution,
3.6 list the features of a federal constitution,
3.7 list the advantages federal constitution,
3.8 list the disadvantages of a federal constitution and
3.9 list the factors to be considered before adopting a federal constitution.
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3.1 Unitary Constitution

This refers to the type of constitution in which all powers for the exercise of governmental
functions are concentrated in the central government. The choice of a unitary constitution
depends on some basic factors which include the size of the country, population, culture,
language, ethnic group etc. Nigeria under the military rule of late General Aguiyi Ironsi operated
the unitary constitution but the constitution did not last because of the size of the country. Ghana
and Britain are good examples of unitary states.
3.2 Features of a Unitary Constitution
1. Citizens owe allegiance to the central government.

2. Power and authority are concentrated at the centre.
3. A unitary constitution is flexible.
4. There is supremacy of the parliament (legislature) in a unitary constitution.
5. Subordinate bodies such as provinces, countries, regions etc. derive their powers from the
central government and not from the constitution.
3.3 Advantages of a Unitary Constitution
1. It has a flexible constitution, which means that it can be easily amended.

2. It is cheaper to operate.
3. It promotes national unity.
4. It encourages political stability.
5. It can be useful for emergencies.
3.4 Disadvantages of a Unitary Constitution
1. It can give rise to dictatorship as power is concentrated at the centre.

2. It is against the principles of separation of powers.
3. Majority ethnic groups can dominate minority ethnic groups (as in cases like the Libyan
crisis, situations in Iraq and Rwanda etc.)
4. Centralization of authority leads to ineffectiveness and delay in decision-making.
5. Government is not closer to the people.
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6. The parliament is more powerful that the constitution.

7. Rights of individuals in such countries are not completely guaranteed.
ITQ
A written constitution is a type of constitution that is written down in a single document and
codified for easy reference. True or False
ITQ Answer.
True
3.5 Factors to be Considered before Adopting a Unitary Constitution
1. Small size of the country
2. Absence of sharp ethnic or tribal differences
3. Absence of fear of domination of minority by the majority
4. Identical culture and language
5. Lack of marked economic inequalities in the country
6. Small population
7. Absence of marked differences in historical origin
8. The need for national unity and cohesion
9. Limited natural and human resources
3.6 Federal Constitution
A federal constitution refers to the type that shares government powers between the central
government and the component units that make up the country. The component units could be
states, local governments or regions. Each unit is independent within its spheres. In Nigeria, it
is difficult to say some of the component units are independent based on the kind of relationship
existing among them. There is much interference on the part of state governments into the
affairs of the local government. A federal constitution is one in which government powers are
divided among the federating units. Nigeria, USA, India and Germany are examples of countries
with a federal constitution.
3.7 Features of a Federal Constitution

1. The constitution is superior to the parliament or national assembly in Nigeria or the congress
in the United States of America.
18
2. There is a clear division of power between the central government and the component states.
3. A federal constitution is always written and rigid.
4. There is double allegiance to the state and the federal government.
3.8 Merits of a Federal Constitution

1. A federal constitution fosters unity in diversity. This is because it unites people of
different political, social, economic and cultural groups.
2. It helps the component states or federating units retain or maintain their identity.
3. It helps to check the emergence of dictatorship. This is because of the separation of
powers amongst the component units and organs of government.
4. It brings government closer to the people due to the decentralization of political authority.
5. It encourages mass participation and wider representation of the people in government.
6. It protects the interest of the minority group from being dominated by the majority group.
3.9. Demerits of a Federal Constitution
1. It is expensive to operate because of duplication of government powers. In Nigeria, almost
all the federal ministries and parastatals operate in states and local governments.
2. It can lead to political instability because of the friction that exists between the central and
the component units. For instance, in Nigeria the problem of offshore and onshore
dichotomy between the federal and state governments in the oil producing states is a
very good example.
- issues of resource control
- revenue sharing formula
- powers sharing etc. are some of the challenges confronting Nigeria as a federal state.
3. It may create statism and sectionalism which can threaten peace and stability in
government. For instance, the rise of geo-national militias like the Oodua People
Congress (OPC), Movement for the Actualization of the Sovereign State of Biafra
(MASSOP), Arewa Consultative Forum (ACF), Movement for the Emancipation of
the Niger Delta (MEND), the Middle Belt Forum etc. are threatening the unity of
Nigeria.
4. There is the problem of distribution of resources among the federating unit.
19
5. A federal constitution can lead to secession. For example, the Northern Region
attempted to secede in 1956 after the West/East moved the notion for self-
independence and the Eastern part of the country in 1967 under the leadership of late
Odumegwu Ojukwu also attempted to secede.
ITQ
A federal system of government operates a unicameral legislature. True or False
ITA False
3.10 Factors to be Considered when Adopting a Federal Constitution
1. The Desire for a Union: When there is the strong desire for coming together, existing
neighbouring states would want to come together to form a federation. This factor is the
most important precondition for a federal government. This was what happened in the
United States of America, where the 13 ex-British colonies came together after the
American war of independence to form the Federation of the U.S.A.
2. Different Ethnic Groups and Desire for Independence: Federations are formed when
different ethnic groups exist in a state, having developed important cultural, religious and
linguistic divergences and wishing to maintain some degree of local independence and
autonomy as in the case of Nigeria.
3. Geographical Proximity: In order to bring about a successful federation, states which

want to federate must be near each other. If other states separate the federating units,
there is the tendency that some of the units may secede. For example, East Pakistan was
able to break away from West Pakistan to form a separate state – Bangladesh – because
the two “Pakistans” were separated by India.
4. Size of a Country: The size/vastness of a country may compel a unitary state to

decentralize to become a federation. This happens when a country is too large to be
governed and developed from one main centre. The creation of the Federation of Nigeria
may have been partly influenced by this reason.
20
Summary
1. A unitary constitution is a constitution in which power is concentrated in the central

government.
2. A unitary constitution is cheaper to operate.
3. Unitary constitution is always adopted in countries that are homogeneous in language and
customs.
4. Federal constitution is the constitution in which powers and authority are shared amongst
the component units.
5. A federal constitution is adopted by countries that are heterogeneous in language and
customs.
6. Size and geographical proximity are some of the factors to be considered when adopting a
federal constitution.
Now that you have completed this study session, you can assess how well you have achieved its
Learning outcomes by answering the following questions. Write your answers in your study
diary and discuss them with your tutor at the next study support meeting. You can check your
answers with the Notes on the Self-Assessment Questions at the end of this Module.
What are the factors to be considered in adopting a unitary constitution?
List four merits of a federal constitution.
References
Silas, O. J. (2011). Introduction to Government, Kaduna: Mike-B Press and Publication co.
SAQ Answer 3.1
21
Factors to be considered before adopting a unitary constitution:

1. Small size of the country
2. Absence of sharp ethnic or tribal differences
3. Absence of fear of domination of minority by the majority
4. Identical culture and language
5. Lack of marked economic inequalities in the country
6. Small population
7. Absence of marked differences in historical origin
8. The need for national unity and cohesion
9. Limited natural and human resources
SAQ Answer 2.2

Merits of a Federal Constitution
1. A federal constitution fosters unity in diversity. This is because it unites people from
different political, social, economic and cultural groups.
2. It helps the component states or federating units retain or maintain their identity.
3. It helps to check the emergence of dictatorship. This is because of the separation of
powers amongst the component units and organs of government.
4. It brings government close to the people due to the decentralization of political
authority.
22
Study Session 4: Nigerian Constitutional Development

Introduction
The conquest of Nigeria by the British was in stages. From 1861–1900, through its military
might, British was able to crush all forms of resistance from all the tribes and ethnic groups that
resisted colonial rule or domination. In 1914, Lord Lugard amalgamated the Southern and
Northern protectorates with the colony of Lagos to form Nigeria. This study session will
therefore introduce you to how constitution developed in Nigeria from the colonial era through
the postcolonial period particularly during and after the amalgamation.
Study Outcomes
4.1 outline the main features of Lord Lugard’s constitutional proposals,
4.2 highlight the main features of the Clifford Constitution of 1922,
4.3 list the demerits of the Clifford Constitution,
4.4 give the features of Sir Arthur Richard Constitution of 1946,
4.5 list the merits of the Richard Constitution,
4.6 list demerits of the Richard Constitution,
4.7 outline the features of the Macpherson Constitution of 1951,
4.8 enumerate the merit of the Macpherson Constitution,
4.9 enumerate demerits of Macpherson Constitution and
4.10 state the reasons why the Macpherson Constitution failed.
4.1 Lord Lugard’s Constitutional Proposal
23
After the amalgamation of the Northern and Southern protectorates to form the country
called Nigeria in 1914, Lord Lugard made the following constitutional proposals to
guide his administration. Some of the proposals some were implemented:
1. The Nigerian Council: Lord Lugard proposed the creation of the Nigerian Council
after the amalgamation in 1914 and this marked the genesis of constitutional
development in Nigeria. The Council was an advisory body and it has no power to
make laws. In composition, the Council was made up of 36 members – 23 of whom
were Europeans and 13 were unofficial members. Seven Europeans and six
Nigerians were appointed to represent various groups and interest.
2. The political economy of Nigeria should be placed under the Governor-General who
in turn will be responsible to the secretary of states for colonies in London for the
administration of Nigeria.
3. For administrative convenience, Lugard proposed that the country be divided into
three: Northern Protectorate, Southern Protectorate and Colony of Lagos.
4. There was to be a separate office in charge of the civil service for the North and
South and separate departments would be common in the whole country particularly
railways, mining, customs etc.
5. A proposal to reorganize the Native Authority system in the South to make it
workable like that of the North
6. The Governor General was assisted by the Nigerian Council consisting of seven
members who were Europeans. The Governor General was empowered to enact and
give assent to laws for the whole country.
7. There was to be a legislative council for Lagos that makes law governing the affairs
of Lagos State.
The above constitutional provisions submitted by Lord Lugard met with a lot of reactions in
Nigeria as well as the colonial office in London. Despite such reactions, the Lugardian proposals
were accepted with little modification by the secretary of state for colonies. This in fact set in
motion the general constitutional development of Nigeria and the lingering political crises
between the northern and Southern regions of Nigeria.
24
4.2. Sir Hugh Clifford’s Constitution of 1922

1. In 1919, Lord Lugard’s tenure as the Governor General of Nigeria ended and he was
succeeded by Sir Hugh Clifford. Clifford did not like the Lugardian arrangement
because of the inherent problems associated with his administrative and political
reforms. He therefore made some changes or modifications to the Lugardian
proposal. His aim was to have separate development plans for the three divisions that
made up the country then i.e. Northern Protectorate, Southern Protectorate and
Colony of Lagos.
2.
4.2.1 Features of Clifford Constitution
1. There was a legislative council called the Legislative Council of the Colony of Lagos and
Protectorate of Nigeria. It consisted of 26 official members, 15 unofficial members, and 4
elected representatives of the people, that is, 3 members for Lagos Colony and 1 for
Calabar area.
2. The creation of the Legislative Council in Lagos led to the introduction of the elective
principle that allowed Nigerians to elect their representatives into the legislative council.
3. It led the foundation for the formation of political parties in Nigeria.
4. More Africans were allowed into the legislative council.
5. It was the first time a constitution was written down in the country.
6. It created a constitutional government for the country as against government by
proclamations, orders or statutory instrument used by Lord Lugard.
7. Through the establishment of political parties, political awareness increased as many
Nigerians started participating in politics, thus increasing their political education and
awareness.
8. It laid the foundation for Nigeria’s self-governance through the formation of political
parties.
ITQ
1. Sir Hugh Clifford introduced the first formal constitution for Nigeria in:
(a) 1920
(b) 1921
25
(c) 1922
(d) 1923
ITQ Answer
1922
2. The following were the features of t he Clifford constitution except:
(a) The constitution introduced the elective principle.
(b) It led to the formation of political parties.
(c) It was a constitution of proclamation.
(d) It was the first written constitution for Nigeria.
ITQ Answer
It was a constitution of proclamation
3. Clifford Constitution limited franchise only to residents who had:

(a) One hundred pounds only
(b) Two hundred pounds only
(c) Three hundred pounds only
(d) Four hundred pounds only
ITQ Answer
One hundred pounds only
Demerits of Clifford Constitution
1. The colonialists were in control of the legislative council as they had more official
members.
2. Majority of the members that made up the legislative council were nominated; thus, they
had limited say in the house.
3. The executive council was only made up of Europeans.
4. The elective principle was only restricted to Lagos and Calabar. The North was excluded.
5. The constitution was only operated in the Southern Province.
6. The governor was vested with veto and reserved powers.
7. The franchise was tied to a wealth of one hundred pounds to residents of Lagos and
Calabar only.
26
4.1 Sir Arthur Richard’s Constitution of 1946

The Richard Constitution replaced Clifford Constitution in 1946. After Sir Clifford, Sir Bernard
Bourdillion became the governor of Nigeria from 1935–1943. Bourdillion believed so much in
decentralization that he believed the only solution to Nigeria’s political and administrative
structure was to divide the country into units to make it a practically self-governing country that
would enable each unit govern its affairs, but forming an integral part of a federation with many
common interests.
Richard integrated some of the proposals of Sir Bourdillion into a draft constitution and this
became operational in 1947. The aim of Richard’s constitution was to promote the unity of
within the diverse ethnic groups Nigeria and to promote political participation.
4.4.1 Features of the Richard Constitution

1. Richard’s constitution provided for a central legislative council of 44 members. Out of
these, 28 were unofficial members from the North and the South.
2. The legislative council was presided over by the governor.
3. It maintained the single legislative council for the whole Nigeria.
4. Richard constitution entrenched the principle of federalism into the constitution.
5. It introduced a two-chamber legislature in the North i.e. the House of Assembly and House
of Chiefs at the regional level while a one-chamber legislature was created in the West and
East respectively whose members were nominated by the N.A. and the colonial regional
governments.
6. Franchise was limited to male adults resident in an area for 12 months and who earned a
gross income of fifty pound per annum.
4.5 Merits of Richard Constitution

1. The constitution laid the foundation for a federal system of government in Nigeria. It
gave powers to the regions to make laws governing their social, political and
economic livelihood.
2. It promoted the unity of Nigeria by recognizing the existence of the various ethnic
groups that make up the country.
27
3. Richard’s constitution brought the North and South together under a legislative
council.
4. The constitution introduced a two-chamber legislature (i.e. bicameralism) in Nigeria,
e.g., the House of Assembly and the House of Chiefs in the north.
5. The constitution gave more representation to Nigerians in the legislative council.
6. It recognized the existence of the three regions and gave the regional assemblies more
powers.
4.6 Demerits of Richard Constitution

1. Regionalism promoted ethnic and tribal politics in Nigeria as Nigerians tend to
patronize their regions more than the centre.
2. Since franchise was still limited to the Lagos and Calabar many Nigerians were
disenfranchise.
3. The constitution was imposed on Nigerians as Nigerians were not involved in the
making of the constitution.
4. The government still retained the reserved and veto powers that made Nigerians
present at the legislative council as mere observers. The government also presided
over the legislative and executive councils.
5. The executive council was dominated by the Europeans.
6. The regional councils were only advisory bodies that had no power to decide crucial
issues like revenue appropriation.
4.7. Macpherson Constitution of 1951
Following the strong opposition from Nigerians against the Richard Constitution due to
the problems highlighted above, Sir John Macpherson, on becoming the Governor
General of Nigeria in 1948, decided to organize conferences and consulted the
nationalists on the best way to run the country. From the series of consultations that
led to the Ibadan Conference of 1950, several decisions at the conference formed the
main part of the constitution (i.e. the Macpherson Constitution of 1951).
4.7.1 Features of the Macpherson Constitution

1. The Central Legislative Council in Lagos was re-organized and was changed to the
House of Representatives.
28
2. African representation in the central legislature (House of Rep) was increased from
28 unofficial members to 136 with the north represented with 68 members while the
West and East had 34 each.
3. The regions were granted more regional powers as the executive powers covered all
the items or matters within the specific legislative subject assigned to the regions.
4. The central executive council was also re-organized. The executive council was
called the council of ministers with 6 ex-officio members and 12 ministers who were
appointed from each region. It is important to note that these ministers have no
portfolios as they were not heading any departments (ministries).
5. The bicameral legislatures in the Northern Region were also created in the Western
Region while the Eastern Region had only the House of Assembly. The Northern
and Western regions had the House of Assembly and House of Chiefs.
6. Regional executive councils consist of the lieutenant-governors and members of the
regional legislature appointed by the Lt. Governors.
7. A public service commission for the appointment, dismissal and other disciplinary
control of public officers was established for Nigeria.
4.8 Merits of the Macpherson Constitution
1. Macpherson consulted Africans, particularly the nationalist, before the features of the
Macpherson Constitution were drafted.
2. It increased the representation at the central legislative council and also gave more
autonomy to the regions – thus consolidating the principle of federalism.
3. The constitution consolidated the elective principle by giving more representations to
the regions and Africans in general particularly at the legislative and executive
council.
4. The bicameral and unicameral legislatures created in the regional assemblies were
indeed fertile grounds for nationalists and Nigerians to learn the art of governance.
5. The Macpherson Constitution laid the foundation for Nigeria’s independence as it
gave more representation and participation to Nigerians in matters that affect them.
6. The Macpherson Constitution created ministerial positions at the executive level in
Nigeria.
29
7. It also devised a new revenue sharing formula in the country based on derivation and
needs.
4.9 Demerits of the Constitution
1. The ministerial positions created in the executive council had no portfolios and
departments to manage.
2. The regional prime ministers were also weak as their responsibilities were not clearly
defined.
3. The regions had no full autonomy as laws made by the regions were left to the dictate
of the lieutenant governors in the regions or the central legislative council as the case
may be.
4. The constitution could not clearly define the type of constitution the country was
operating, that is, whether federal or unitary constitution as the creation of bicameral
and unicameral legislatures in the 3 regions added more to the confusion.
4.10 Why the Macpherson Constitution Failed
1. The motion for self-governance by Chief Anthony Enahoro in 1953 was the first
problem that confronted the constitution as the nationalist were more pre-occupied
with the idea of self-rule.
2. Political instability: The Kano riot of 1953 between the northerners and southerners
was a big blow to the constitution.
3. Ethno-religious conflicts and the competitions for space between the regions was also
another major problem that led to the collapse of the constitution.
4. The entrenchment of regionalism and the emergence of political parties on regional
bases contributed greatly to the fall of the constitution; AG = West, NPC = North,
NCNC = East.
ITQ
1. Richard Constitution of 1947 has the following features except:
(a) Brought the North and South together
(b) Promoted the unity of Nigeria
(c) Introduced the elective principle
(d) It established a single legislative council for the whole country.
30
ITQ Answer
Introduced the elective principle
ITQ
2. Macpherson Constitution increased the number of Africans in the Central Legislative
Council from:
(a) 26 – 134 members
(b) 28 – 136 members
(c) 27 – 138 members
(d) 24 – 135 members
ITQ Answer
28 – 136 members
Summary
1. Lord Lugard made some constitutional proposals for Nigeria that laid the foundation for
Nigeria’s constitutional development;
2. Clifford Constitution of 1922 introduced the elective principle in Nigeria with limited
franchise;
3. The Richard Constitution of 1946 gave more powers to the regions;
4. The Macpherson Constitution of 1951 failed because of the motion of self-governance
moved by Chief Anthony Enahoro and the political riots in Kano between the Action
Group and the Northern People’s Congress.
Now that you have completed this study session, you can assess how well you have achieved
its learning outcomes by answering the following questions. Write your answers in your
study diary and discuss them with your tutor at the next study support meeting. You can
check your answers with the Notes on the Self-Assessment Questions at the end of this
Module.
SAQ 4.1 (Testing Learning outcomes 4.2 and 4.4)

In a tabular form, highlight the main features of the Clifford Constitution of 1922 and the
31
Richard Constitution of 1946

References
Silas, O. J. (2011). Introduction to Government. Kaduna Mike-B Press and Publication co.
32
SAQ Answer 4.1

Table 4.1. Features of Clifford and Richard Constitution
Clifford Constitution of 1922 Richard Constitution of 1946

1. It introduced the elective principle. The legislative council was presided by the
2. It paved way for the formation of political Governor General.
parties. It established a single legislative council for
3. More Africans were allowed into the the whole Nigeria.
legislative council. The principle of regionalism was entrenched
4 It was the first written constitution in into Nigerian constitution.
Nigeria. It introduced two legislative chambers in the
5. It established a constitutional government as north (House of Assembly and House of
opposed to government by proclamation. Chiefs) while one chamber each was
introduced for the East and West.
33
Study Session 5: Lyttleton Constitution of 1954

Introduction
In Study Session 4, you learnt about Lord Lugard’s Constitutional Proposals for Nigeria after the
amalgamation. You also learnt about the main features of the Clifford, Richard and Macpherson
Constitutions and the reasons that led to the collapse of the Macpherson Constitution. The failure
of the Constitution to meet the needs and aspirations of the Nigerian nationalists and the political
violence that engulfed the country led to the appointment of Sir Oliver Lyttleton as the Governor
General of Nigeria in 1954.
Learning Outcomes
At the end of this session, you will be able to:
1.1 highlight the main features of the Lyttleton Constitution,
1.2 state the merits of the Lyttleton Constitution and
1.3 give the demerits of the Lyttleton Constitution.
5.1 Features of the Lyttleton Constitution of 1954

After the Macpherson Constitution failed, there was the need for a new constitution and in 1954,
the Littleton Constitution emerged. Sir Oliver Littleton convened a constitutional conference in
1953 in London. The conference attempted to resolve the crises of ethnicity and intense struggle
for central power that were tearing the country apart. Another conference was held in 1954 in
Lagos. It was the resolutions from these two conferences that gave birth to the Lyttleton
constitution of 1954:
1. The constitution introduced a federal system of government.

2. Lieutenant governors in the regions were to be addressed as governors.
3. The governor of the country was to be known as Governor-General.
4. Each regional House of Assembly was given residual powers to pass bills into law
without the approval of the central government.
5. The constitution provided for the position of a premier as the leader of the
government in the region.
34
6. The Governor-General was no longer a member of the regional and central

legislatives.
7. There was the regionalization of the civil service. Each region has its civil service.
8. The constitution established a Federal Supreme Court for the country.
9. The judiciary was regionalized.
10. Regional status was granted to Southern Cameroons.
ITQ
The Lyttleton Constitution of 1954 introduced a federal system of government in Nigeria.

Yes or No
ITQ Answer
Yes.
5.2 Merits of Lyttleton Constitution

1. The constitution fully divided powers between the central government and the regional
government thereby introducing true federalism or federal system of government in
Nigeria.
2. Ministers who were appointed were given portfolios, i.e., full executive powers to
administer the affairs of their departments.
3. The constitution introduced strong and firm leadership at the central and regional revels
through the creation of the office of governor-general and governors of the respective
levels.
4. Through the adoption of federalism, the constitution took into consideration the diverse
elements that made up the entity called Nigeria.
5.3 Demerits of the Lyttleton Constitution
1. The Governor-General still had the power to accept or reject bills.
2. The constitution failed to achieve independence for Nigeria.
3. The central government was weakened as politicians became more loyal to their
regions.
Summary
35
1 Lyttleton Constitution emerged as a result of the failure of the Macpherson Constitution;

2 the Lyttleton Constitution introduced a federal system of government in Nigeria;
3 ministers were given portfolios in their respective ministries and
4 the Governor-General still had the veto powers in the country.
Now that you have completed this study session, you can assess how well you have
achieved its learning outcomes by answering the following questions. Write your answers
in your study diary and discuss them with your tutor at the next study support meeting.
You can check your answers with the Notes on the Self-Assessment Questions at the end
of this Module.
SAQ 5.1 (Testing Learning outcomes 5.2)
What are the achievements of the 1954 Lyttleton Constitution?
References
Silas, O. J (2011). Introduction to Government. Kaduna: Mike-B Press and Publication co.
SAQ Answer 5.1
1. The constitution fully divided powers between the central government and the
regional government thereby introducing true federalism or federal system of
government in Nigeria.
2. Ministers who were appointed were given portfolios, i.e. full executive powers to
administer the affairs of their departments.
3. The constitution introduced strong and firm leadership at the central and regional
levels through the creation of the office of governor-general and governors of the
respective levels.
36
Study Session 6: Independence and Post Independence Constitutions in Nigeria
Introduction
The Independence Constitution of 1960 came as a result the resolutions reached between Britain
and Nigerian nationalists in the London Constitutional Conference of 1957 and 1958. In these
two conferences, the Report of the Willink Commission of Inquiry was considered and adopted.
The Report recommended that Nigeria should be granted independence in 1960. This session
will therefore introduce you to the 1960 Republican Constitution in Nigeria and other post
independence constitutions in Nigeria.
Study Outcomes
6.1. highlight the main features of the 1960 Independence Constitution,
6.2. list the merits of the Independence Constitution,
6.3. list demerits of the 1960 Independence Constitution,
6.4. state the main features of the 1963 Republican Constitution,
6.5. list the demerits of the 1963 Republican Constitution,
6.6. highlight the main features of the 1979 Constitution,
6.7. list the demerits of the 1979 Constitution,
6.8. enumerate the provisions of the 1999 Nigerian Constitution and
6.9. List the demerits of the 1999 Nigerian Constitution.
6.1 Features of the 1960 Independence Constitution
1. The constitution made Nigeria a sovereign state with effect from 1st October, 1960.
2. It provided for the appointment of a governor-general who was also the representative of
the Queen of England.
3. The office of the Prime Minister was designated to perform executive functions.
37
4. The Constitution embraced the British parliamentary system of government.
5. Fundamental human rights were entrenched in the constitution.
6. Public Service Commission was established.
7. It provided for a bicameral legislature.
6.2 Merits of the Independence Constitution of 1960
1. The Constitution granted full-independence status to Nigeria.
2. Nigerians were made to occupy the highest political offices of the Governor-General and
the Prime Minister.
3. It introduced the fundamental human rights principle for the first time into the constitution.
4. Bicameral legislature was introduced for Nigerians.
5. The Concurrent, Executive and Residual legislative lists were introduced by the
constitution, thus making governance easy.
6.3. Demerits of the 1960 Independence Constitution
1. The Queen of England was still the Head of State of Nigeria.
2. The Independence Constitution was not completely designed by Nigerians as there were
inputs of the British which were meant to protect their interest to the detriment of Nigerians.
3. Members of the Upper House, that is the Senate, were appointed but not elected.
6.4 .The Republican Constitution of 1963
The Republican Constitution came into effect on October 1, 1963. The Constitution had the
following features:
1. The Queen of England ceased to be the Head of State of Nigeria.
2. The Supreme Court was made the highest court as against the previous Privy Council in
London.
38
3. Emergency powers were conferred on the Federal Government.
4. The Governor-General was to be known as President.
5. The constitution also contained the process of creating new regions for the country and
altering existing ones.
6. It devised a revenue allocation formula based on certain principles like need, derivation
and national interest.
6.5. Demerits of the Republican Constitution of 1963
1. There was fusion of powers which made it difficult for the rights and liberty of the citizens
to be fully guaranteed.
2. The president was not elected by the electorates but rather by members of the National
Assembly who constituted a minority of the Nigerian population.
3. The parliament was more supreme than the constitution.
4. The prime minister owe allegiance to the parliament instead of the electorates
5. The constitution created the office the president and the prime minister leading to political
conflicts and struggles for power between the duo.
6.6. The 1979 Republican Constitution
A Constitution Drafting Committee (CDC) was formed in 1975 to see to how power could get
back to civilians. The Committee made up of 50 members headed by Chief Rotimi Williams was
charged with the responsibility of drafting the new constitution. After they had submitted their
report, a constituent assembly led by justice Udo Udoma was established to ratify all aspects of
the constitution. The constitution was finally ratified and it came into effect on October 1 1979
with the following features:
39
1. One of the remarkable features of the 1979 constitution is that it abandoned the parliamentary
system to embrace the presidential system of government.
2. The president came into power through direct voting by the electorates.
3. The president was the head of state and commander of the armed forces.
4. The principle of separation of powers was enshrined in the constitution.
5. The president and state governors could hold office for four terms of not more than two terms
if re-elected.
6. The president and vice president could be removed from office via impeachment.
7. The National Assembly was bicameral which consisted of the House of Representatives
and the Senate.
8. The Constitution created room for multi-party system in Nigeria.
6.7. Demerits of the 1979 Constitution
1. There were too much powers in the hands of the president.
2. Through the introduction of the principle of separation of powers the presidential system
became too expensive to operate.
3. There was always friction between the legislative arm of government and the executive arm
of government.
4. The presidential system consolidated ethnic politics in Nigeria as elections into public
offices was done on tribal and ethnic allegiance.
ITQ
One of the remarkable features of the 1979 constitution is that it abandoned the parliamentary
democratic system and embraced presidential democratic system of government. True or
False
ITA
40
True
ITQ
The National Assembly is made of two chambers which are:
ITQ Answer
Senate and House of Representatives
6.8 The 1999 Nigerian Constitution
The Constitution was put together under the administration of General Abdulsalam
Abubakar who became Head of State after the death of General Sani Abatcha in June 1998.
It was a replica of the 1979 constitution and it came into effect on 29 th May 1999 with
following features:
1. The constitution retained the presidential system of government.
2. The president was still the head of state and commander of the armed forces.
3. The National Assembly was bicameral, that is, having the lower house (House of
Representative) and the upper house (the |Senate).
4. The Constitution advocated for the principle of separation of powers just like the 1979
Constitution.
6.9 Demerits of the 1999 Constitution
1. It was very expensive to operate.
2. There is always friction between the National Assembly and the Executive.
3. The constitution consolidated ethnic and tribal politics in Nigeria.
4. It gave the president too many powers.
Summary
1. The 1960 Constitution made Nigeria a sovereign state with effect from 1 st October,
1960.
41
2. The 1960 Constitution embraced the British parliamentary system of government.
3. In the 1963 Republican Constitution, the Queen of England ceased to be the Head of
State thereby making Nigeria to be a full independent state.
4. The 1979 Nigerian Republican Constitution abandoned the parliamentary system of
government for the presidential system of government.
5. The 1979 Republican Constitution entrenched the principle of separation of powers
into the Nigerian governmental system.
6. The 1999 Nigerian Constitution entrenched the fundamental human rights principle
into the constitution.
7. The constitution maintained some of the provisions of the 1979 constitution.
Self Assessment Question
Now that you have completed this study session, you can assess how well you have
achieved its learning outcomes by answering the following questions. Write your
answers in your study diary and discuss them with your tutor at the next study support
meeting. You can check your answers with the Notes on the Self-Assessment Questions
at the end of this Module.
SAQ 6.1 (Testing Learning Outcomes 6.4 and 6.6)
In a tabular form, highlight the main features of the 1963 Republican Constitution and
the 1979 Nigerian Constitution.
SAQ Answer
Main Features of the 1963 and 1979 Constitution
42
1963 Republican Constitution 1979 Constitution

It embraces the British parliamentary system It embraces the American presidential system
of government. of government.
The prime minister is elected from the The president is directly elected by the
parliament. electorates.
There is fusion of power between the There is the principle of separation of powers.
executive and the legislature.
The prime minister comes from the party that The president could be removed through
won the majority seats in parliament. impeachment.
In the constitution, a parliamentarian can serve The constitution provides for a bicameral
as minister without resigning his seat in the legislature.
parliament.
The president was the head of state and
The prime minister can be impeached if a vote commander in chief of the armed forces.
of no confidence is passed on him.
The constitution is superior to the parliament.
The prime minister stays in office as long as
his party controls the majority seats in the The president has a fixed tenure of four years
parliament. and not more than two terms.
Parliament is more supreme than the

constitution.
Further Readings
Appadoria, A. (1974) The Substance of Politics. New Delhi: Oxford University
Press.
Constitution Drafting Committee (1977). Lagos: the Presidency.
Constitution of the Federal Republic of Nigeria 1979
Constitution of the Federal republic of Nigeria 1999
Gigeons, A. A. (2011). The Political Economy of Development in Africa. Makurdi:

Destiny Ventures.
Johari, J.C. (2006). New Comparative Government. New Delhi: Lotus Press.
43
Mahmood, M. (2009) Citizen and State: Contemporary Africa and the Legacy of
Late Colonialism. Kampala: Fountain publications.
Mettle, N. E. A. (2009) Government Made Easy. Accra: Fonky Publications.

Silas, O. J. (2011). Introduction to Government. Kaduna: Mike-B Press and Publication
Co.
44

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UNIVERSITY OF MAIDUGURI

CENTRE FOR DISTANCE LEARNING

PAD 103: Nigerian Constitutional Development

This procedure should be applied to all SAQ activities. Make sure

Study Session 1: Meaning of Constitution .................................................................................. 1

1.1 Define a constitution.

1.2 Trace the origin of constitution.

1.3 List the relevance of the constitution.

1.4 List the sources of constitution.

1.1 Definition of Constitution

ITQ What is a constitution?

1.2 Origin of Constitution

1.3 Relevance of Constitutions

ii. Freedom from fear and ignorance

iv. Right to peaceful association and assembly

v. Right to vote and be voted for

vi. Freedom from discrimination

vii. Freedom of movement

viii. Freedom of conscience and thought

ix. Rights to property and justice

ii. obey laws of authority,

iii. be patriotic and loyal to the state,

iv. help prevent criminal act,

v. protect public property and

vi. protect the sovereign integrity of the country.

2. A constitution states the organs of government and their functions.

4. A constitution specifies the type of government to operate. It could be either unitary,

5. A constitution limits the power of the organs of government.

7. A constitution helps in effecting a peaceful change in government as it provides no room

8. A constitution is a symbol of unity, sovereignty and nationhood.

1. The following are the importance of a constitution except.

5 Historical document: Historical reports about the evolution of a country including

MAGNA CARTER: Is a document against oppression. It protects the liberty of citizens

6 Constitutional conferences: Constitutional conferences are where political issues are

7 International law: Countries that are members of international organizations adhere

1. The following are sources of constitutions except:

2. The genesis or origin of constitution in societies is always traced to the works of

4. Sources of the constitution include: Decree, Historical documents, conferences, and

Self Assessment Questions

SAQ 1.1 (Testing Learning Outcomes 1.1)

SAQ 1.2 (Testing Learning Outcomes 1.4)

List seven major sources of constitution.

SAQ Answer 1.1

SAQ Answer 1.4

The seven sources of constitution are:

i. Acts of the parliament

iii. Customs and norms

iv. Judicial precedents

vi. Constitutional conferences

vii. International law

Study Session 2: Types of Constitution

2.1 define written constitution,

2.2 list the advantages of a written a constitution,

2.3 list the disadvantages of a written constitution,

2.4 define an unwritten constitution,

2.5 list the advantages of an unwritten constitution,

2.6 list the disadvantages of an unwritten constitution,

2.7 define a rigid constitution,