Professional Documents
Culture Documents
Pol 112
Pol 112
Introduction
In every political system, power and responsibilities are shared and performed by different political
institutions. The continued existence of a political system depends on the successful performance
of the functions allocated to different political institutions. ‘In pre-colonial Nigeria, the Yoruba,
the Hausa, the Kanuri, the Edo, the Jukun and the peoples and societies influenced and/or
conquered by them had the centralised forms of state’ (Atanda, 1973). Ehiedu (1982), assert that
the ‘distinguishing feature of this system is the existence of one ruler as the focus of power and
source of authority’. In the Nigerian States, these rulers were variously referred to as Sarki, Oba,
Obi, Aku, etc. Such rulers were often hereditary. The historical background to their assumption of
power is often lost in myths and legends. This amnesia over the origins of the kings is often actively
fostered by the rulers themselves in order to confer on themselves antiquity and the social
legitimacy deriving therefrom. Because of the seeming agelessness of the monarchies, they have
come to be referred to as "natural" or "traditional" rulers as if they always were part of the natural
environment of their societies. Hence, claims of state leadership often go with claims of having
founded the particular political community. In reality, these leaders acquired their state power
either through the manipulation of peoples' religious and spiritual beliefs or because they had
economic power. In structural terms, monarchical systems are generally complex, elaborate and
hierarchical. The kings often governed in alliance with titles and position either from their families,
wards or they had it conferred on them by the king. The kings and their councils constituted the
apex of the centralised state systems.
In Nigeria pre-colonial system, the political institutions also performed these roles in one way or
the other although there were no written records of these pre-colonial political systems. These
system of government in pre-colonial times was no doubt rudimentary with no visible and
discernible structures of government such as modern legislatures, executive and judiciary but all
those functions were performed by various institutions but sometimes the powers and
responsibilities assigned to each institution are fusion in one institution. In spite of all this, the
1
affairs of the people were organized and managed in one form or another. This study session
presents knowledge about pre-colonial institutions and processes.
The Yoruba kingdom developed an efficient governmental system which existed for centuries
before the coming of Europeans into Africa. The system was based on checks and balances in
which the various organs of government checked the activities of one another to avoid dictatorship.
The institutions of government were as follows:
i. The Oba: The Oba was the political, cultural and sometimes spiritual/religious head of
the kingdom. In most cases, the Oba must be the eldest son of the deceased king and in any
case, should belong to one of the royal families. The Oba was not an absolute ruler but had
chiefs with whom he held consultations and both of whom served as checks and balances
on each other. It was the Oba who appointed these chiefs following tradition. The Oba with
his chiefs exercised judicial powers especially over serious crimes such as murder,
allocated land to people, settled land and other inter-ward disputes and saw to the general
welfare of the people. However, the king was an executive Head of State. Therefore, the
power to appoint, promote, demote and dismiss the senior chiefs was vested in the Oba.
The political powers of the Oba were entrenched by religious and magical powers. He was
the head of the various cults and secret societies in the kingdom.
ii. The Council of Chiefs/Elders: The council of chiefs called ‘Oyomesi’ were also the
kingmakers. In Oyo, members were prominent chiefs drawn from seven notable wards that
made up the capital of the empire. The leader of the council of chiefs in the old Oyo empire
was the ‘Bashorun’ who also acted as the prime minister of the kingdom. The seven
kingmakers acted as organ of checks and balances to the powers and excesses of the Oba.
They were not only empowered to elect a new king at the demise of one, but also to remove
or impeach an Oba who violated the traditions of the community. The chiefs served as an
adviser to the king that’s why sometimes they are called an Advisory council. The chiefs
4
as the Oba’s advisers, met to discuss issues and took decisions which they presented to Oba
who usually accepted such decisions or advice, but was not bound to accept. Such decision
was publicised as the ‘voice of Oba’ and then became law.
iii. Secret Societies: In Oyo empire, there was a powerful secret society called ‘Ogboni
Fraternity’. The Ogboni fraternity was one of the political institutions of the Yoruba
kingdom. The secret society which comprised of prominent elders and headed by the
‘Oluwo’. The fraternity checked the excesses of the kingmakers in the area of
dethronement of an Oba. They mediated between the king and the kingmakers whenever
there was a disagreement, and performed rituals on behalf of the kingdom.
iv. The Army: This institution was headed by ‘Are-Onakakanfo’. The Aare-Onakakanfo was
a chief appointed by the Oba as a war-general, to defend the territorial integrity of the
kingdom from internal insurrections and external aggressors. The constitution provided
that an Aare-Onakakanfo must commit suicide should kingdom suffer defeat in the
battlefield. As a result, some war generals returned to the kingdom after battle defeat, but
established new settler instead of committing suicide. He collected booty for the king in
the war front such as slaves and properties.
v. The Village Head: In Yorubaland, the village head is called ‘Baale’. He’s appointed by
the king to administered the villages in the kingdom. The village head annually brought
tributes (Isakole) and dues from their people to the king. Generally, there was no formal
system of taxation (Owo-Ori) among the Yoruba. He settled disputes among his people
and maintained laws and orders in their community. Moreover, the judicial system was
also hierarchical in nature. Minor cases were tried at the Baale court but serious cases such
as murder were referred to the Oba’ court, which served as the highest court of the land.
vi. The Family Head: In Yoruba kingdom, the head of the family is called ‘Mogaji’ He’s
the most senior member of the family. The family heads collected tributes from either their
farming or trading to the village head for onward transferred to the king. He settled disputes
in the family while the one he couldn’t resolve will be transferred to the village head. They
are important institution in Yorubaland.
vii. Age Grade Organisation: In part of Yoruba kingdom, age grade organisations existed.
They were called ‘Eleegbe’. These were groups of young men born around the same period.
They were organised and give a name with defined leadership. The age grade organisations
5
assisted in the execution of public works and enforcement of decisions reached at the town
meetings such as clearing of path ways, environmental sanitation, joint planting,
harvesting, mass hunting and construction of market place. They also performed police,
and security functions too.
As a result of the existence of many political institutions in Igboland, there was no centralisation
of power in Igboland. Instead, political institutions were performing similar or different functions.
There were no traditional rulers in the form of kings as we have it among the Yoruba and
Hausa/Fulani and so no hereditary claims to traditional tools. In this setting, there was never an
Igbo kingdom or empire. The largest political unit was the village. However, Igboland was a
stateless society and operated an ‘acephalous system’, this means political power and authority
were not concentrated in the hands of traditional rulers. It was essentially republican and
democratic in governance. Power was distributed among several institutions more of which was
superior to another. The various institutions that exercised governmental power included the
following:
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male alone. A family could be small or large enough to form a village or a clan. The
head of the family settled minor disputes within the family; he performed rituals,
customary rites and sacrifices; he equally represented the family at the village meetings.
The family head held the ‘Ofo’ title.
iii. Age Grade Organisation: One of the traditional political institutions in Igboland was
the age grade societies. The age grade consisted of young men divided into various group
according to their ages. Each age grade had a leader who coordinated the activities of
the group. They performed functions such as maintenance of law and order, arrest of
offenders and implementation of judgements pronounced by the council of elders and
the entire village assembly. In addition, they mobilised young men for the defence of
their territories, maintained security checkpoints, cleared, bush paths and performed
environmental sanitation.
iv. Titled Holders: There were many secret societies and cults among the Igbo but there
were stringent conditions for their membership. In the case of the “ozo” title,
membership was restricted to people of wealth and influence in the society. Although
they were not traditional rulers, Ozo titleholders played important roles in the
administration of the village. They offered advice to the elders, settled family disputes
and assisted in settling inter-village conflicts. The enormous powers conferred on ozo
titleholders whose only claim to the pre-eminent position was wealth indicated the
importance attached to material success in the Igbo society.
v. The Priest and Priestesses: They are equally known as the diviner. The diviner of “Nde
Dibea” was also important in village administration. As the intermediary between the
village deity and the people, the utterances of the diviner were more or less laws in the
society. The priest interpreted spiritual events, pronounced sanctioned on those who
committed abomination against gods and performed rituals. The village priest therefore
wielded a great deal of power in the administration of the village.
7
was discussed in detailed while the structure of the Yoruba pre-colonial political institutions was
fully enumerated. Both the Hausa/Fulani and Yoruba political institution were the same, both was
centralized and operated state society but despite this they still have their differences because in
the Hausa/Fulani pre-colonial system there was an absolute monarch where the power of an emir
cannot be checked while in Yoruba pre-colonial system they operated constitutional monarchical
system whereby the power of an Oba can be checked. Lastly, the Igbo pre-colonial political system
and the structure of the Igbo pre-colonial political institution were fully discussed.
8
SAQ 1.3 (Tests Learning Outcome 1.2)
3. In Hausa/Fulani pre-colonial political system ____________ was the Prime minister and
head of the official.
a) Madawaki
b) Galadima
c) Waziri
d) Maaji
9
SAQ 1.7 (Tests Learning Outcome 1.2)
7. In Hausa/Fulani pre-colonial political system ____________ was the chief of police for the
entire emirate.
a) Galadima
b) Madawakin
c) Maaji
d) Dogari
e) Maaji
10
SAQ 1.11 (Tests Learning Outcome 1.3)
11. _________________ was the political capital of Yoruba kingdom.
a) Iwo
b) Oyo
c) Ibadan
d) Ile-Ife
11
SAQ 1.15 (Tests Learning Outcome 1.4)
15. The powerful institution that checkmate the power of the king and mediated between the
king and the kingmakers whenever there was a disagreement in Yoruba pre-colonial system
was known as _____________________
a) Oyomesi
b) Ogboni fraternity
c) Baale
d) Mogaji
a) Yoruba
b) Igbo
c) Hausa/Fulani
d) Benin
a) Umunna
b) Okpara
12
c) Ofo
d) Ozo
a) Amadioha
b) Ofo
c) Nde Dibea
d) Okpara
a) Ozo
b) Ofo
c) Umunna
d) Okpara
13
Luke Uka Uche (1989). Mass media, people, and politics in Nigeria. Concept Publishing
Company.
Riker, Williams (1964). Federalism, Origin, Operation, Significance, Boston: Little Brown and
Co.
Wheare, C. Kenneth (1943). The Limit of Federalism, in Patrick Ransome (ed) Studies in Federal
Planning, London: Macmillan.
Wheare, C. Kenneth (1963). Federal Government, New York: Oxford University Press.
Ehiedu E.G. Iweriebor (1982). State Systems in Pre-Colonial and Post-Colonial Nigeria: An
Overview, Istituto Italiano per l'Africa e l'Oriente Anno 37, No. 4, pp. 507-513
Atanda, J.A (1973). Government of Yoruba-land in the Pre-Colonial period", Tarikb, Vol. 4, No.
2, pp. 1-12, This content downloaded from 197.210.65.213 on Wed, 08 Jul 2020
15:30:44.
14
Study Session 2: Colonial Rule and the Formation of the Nigerian Colonial State
Introduction
The acquisition of the territory now known as Nigeria by the British government was done in
‘piece-meal, hesitant and plan-less’. In other words, it was not a sudden and once-and-for-all
acquisition. Beginning with the annexation of Lagos in 1861, the British government in successive
stages, gradually established her authority in the inter-land. This started first in the Western and
Mid-Western parts and later extended to the Eastern and Northern areas, through the combination
of diplomacy and coercion and threat of using it (Awofeso, 2014). From January 1, 1900 date
Nigeria was administered either directly or indirectly by the British Government in three separate
units: first, the colony and protectorate of Lagos which consisted of areas of authority of the present
Western States and Lagos State government. Second, the protectorate of Southern Nigeria which
comprised the areas of authority of the present three Eastern States and of the Mid-Western State.
Third, the protectorate of Northern Nigeria which comprises the present three geo-political zones.
In 1906 the Colony and Protectorate of Lagos and Protectorate of Southern Nigeria were merged
into one administrative unit known as the Colony and Protectorate of Southern Nigeria. In 1914,
the Colony and Protectorate of Southern Nigeria was amalgamated with the Protectorate of
Northern Nigeria, and thus emerged the Nigerian state. In this study session, you will learn about
how British colonial administration govern Nigeria in the period when the country was under her
rule.
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2.6 Discuss the impact of colonialism in Africa
The British colonies were often subdivided into provinces headed by provincial commissioners or
residents, and then into districts headed by district officers or district commissioners. The North
was administered as a separate political unit. Each section was divided into provinces for
administrative convenience. Provinces in the North were Sokoto, Kano, Katsina, Bornu, Bauchi,
Zaria, Yolo, Muri, Nupe, Kontagora, llorin, Nasarawa, and Munshi. Southern provinces
comprised: Abeokuta, Benin, Ondo, Oyo, and Warri for the West and Calabar, Owerri, Onitsha
and Ogoja for the East. Each of these provinces was under the control of a British Resident.
Responsible to the British Resident were other administrative officers who in turn controlled the
subdivisions of the provinces, the districts. In each of the districts, traditional rulers and head chiefs
remained in charge of their area of authorities but were responsible to the district officers who in
turn were responsible to the chief executive of Lagos Colony, the governor, through the Resident.
16
to increase in production. The progress in the industry went faster than the progress in agriculture.
It was becoming increasingly hard or difficult for the agriculture to satisfy the demand for raw
materials required in the industries. There was therefore, the need for the European powers, for
example, the British to go outside the country to look for additional raw materials.
2. Increasing population and fast-growing urbanization necessitated the need for market, not only
for the production of raw materials but for food to sustain the increasing population. As a result of
rapid increase in technology, new products were produced at a faster rate than the populations
could dispose of. Africa with her large population was seen as a ready market for such products.
3. Another reason for the colonization of Africa as is that the colonialists required additional food
supply and spices for the fast-increasing urban population as a result of the industrial revolution.
The industrial revolution initially came with decline in agricultural production in Europe and as a
result it was hard for the rural areas to produce enough food for the increasing urban population.
There was therefore the need for market not only for the population of raw materials but for the
food to sustain the increasing population
4. There was under-utilization of capital in Europe at this time, and a need to find where these
capitals will be transported and invested for the creation of new products. It was during this process
of investment of the surplus capital that imperialism emerged.
5. There was need for the colonialist to take direct control of the African economy and political
administration in order to reorganize the economy and the markets to make it possible for
integration into the world market and international economy.
A. The Governor
The governor was a representative of the crown. He was answerable to the crown through the
secretary of the state for the colony. And was saddled with the responsibility of:
17
i. The appointment, discipline and dismissal of public of officials including judges
ii. Directing the legislative and executive policy
iii. He had power to make grants of land
iv. Exercising the prerogative of mercy
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d. A legislative council called the “Nigerian Council” was set up to make laws for the whole
country.
e. The council met once in a year to discuss the governor’s speech and any decision taken
could be vetoed by him.
f. The indirect rule policy was introduced throughout the country.
g. The British colonial rule consolidated various smaller chiefdoms and districts into larger
jurisdictions and chose one of the traditional chiefs to govern the now larger area.
2.5 Strategies of colonialist to maintain political and economic domination of the colonies
The colonialists used a number of methods and strategies to compel Africans to submit to
colonialism and colonial administration. Below are some of them:
1. The first method or strategy used by the colonialist to colonize and maintain effective
occupation and administration of African territories was by conquest. The various African states
or territories were conquered politically, economically, culturally, socially and enslaved. Conquest
made it possible for the European powers who were the colonizers to take direct control and
effective occupation of African territories.
2. Another effective instrument or strategy which enabled the colonialists to maintain direct
control and effective occupation of the African territories was the use of forced labour. Africans
were forced to work in the colonial plantations and industries. Since Africans were not used to
colonial economy and system of production, there was need to compel them by force to work for
the colonialists.
3. Another method used by the colonialists to compel labour from Africans was the use legal
coercion. Through forced labour the colonialists were able to maintain direct control and effective
occupation of the African territories. Their control and effective occupation of the African
economy and political administration were unchallenged.
4. Another effective strategy which the colonialist used to maintain direct control and domination
of African territories was taxation. Taxation in the form introduced by the European colonizers
was alien to most African people. Some African communities such as in Northern Nigeria paid tax
to their rulers but this could be in cash or kind. The colonial authority insisted that Africans should
19
pay their tax in colonial currency. The implication of this was that Africans would be compelled
to work either in the colonial civil service or in the industries and plantations in order to earn the
colonial currency to pay their tax.
5. Monetization of African economy was another effective instrument or strategy used by the
colonialists to take direct control and political administration of the African territories. Prior to
colonization, African economy was essentially based on barter system. Furthermore, even where
a sort of currency was introduced these currencies lacked general acceptability, were too heavy or
bulky and hardly divisible into smaller units of exchange. It was necessary for the colonialists to
monetize African economy in order to integrate it into the world market and international trade.
6. The last strategy used by the colonialists to maintain direct control and administration of African
territories was the payment of low wages to Africans employed in the colonial service. The
payment of low wages to Africans was seen by the colonialists as a method or strategy to compel
more Africans to make their labour services available to the colonial plantations and industries
(Ocheni and Nwakwo, 2012).
20
§ The colonialists distorted and disarticulated the development of a comprehensive transport
system in Africa. The transport network developed was not to link different towns and rural
areas for purpose of effective communication and development. Transport routes were built
by the colonialists to enable them to evacuate easily the raw materials from their sources
or base to the destination point where they could be effectively exported abroad.
§ Colonialism also brought about disarticulation in the provision of social amenities and the
urbanization pattern in Africa. Most of the little social amenities provided during the
colonial period were concentrated at a place. This made most people to migrate from the
rural areas where these amenities were virtually non-extent to colonial urban centres where
they could be found.
§ Colonialism shaped both the economic and political structure of African colonies to be in
line with the need of the metropolis. It ensured that African economic and political
structures both in form and content serve the interest of their home government (European
powers) (Ocheni and Nwakwo, 2012).
22
c) administrator
d) lieutenant
23
b) war
c) forced labour
d) toiling
24
Odegowi, T. (2011) From Conquest to Independence: The Nigerian Colonial Experience. HAOL,
Num. 25 pp 19-29.
25
Study Session 3: The Nature of Colonial Administration in Nigeria (Indirect Rule)
Introduction
There were many methods adopted by the British colonial powers to govern their respective
occupation zones. One of these was through indirect rule. Lugard introduced a system of indirect
rule in northern Nigeria to allow the colonial rulers to govern the inhabitants of the regions through
their traditional rulers (Emirs, Obas etc.). Indirect policies as a whole can be considered to involve,
the following main strands: Support for pre-existing elites within society, the placing of elites that
favour the colonising power or suit the colonizers policy in positions of power, maintaining laws
and norms and values deemed acceptable or beneficial by the occupying power, focusing on giving
indigenous populations control of local affairs, and to some degree listening to advice from local
rulers and elites on how to shape subsequent policy. this study session is all about indirect rule in
Nigeria. So, you are going to learn about indirect rule, its structures and processes in Nigeria.
26
What is indirect rule? Indirect rule system is a system of administration used by the British colonial
government to govern the people through the use of traditional rulers and political institutions in
colonial territories. Lord Lugard defined Indirect Rule as ‘rule through the native chiefs who are
regarded as an integral part of the machinery of Government, with well-defined powers and
functions recognized by the Government and by law, and not dependent on the caprice of an
Executive Officer’ (Okafor, 1981). The indirect rule system was introduced into Nigeria by Lord
Frederick Lugard, who was known to be a father of Indirect rule. Lord Lugard in his book The
Dual Mandate in Tropical Africa identified the two most important administrative principles to
employ in ruling alien people. The first was the principle of decentralization, in which he stressed
importance of recognizing and ruling people through their indigenous authorities. He argued that
the role of the British officers, except in critical areas such as taxation, military forces and the
alienation of land, was to advise, not demand. The second principle, was the principle of
continuity. Lugard argued that the British should utilize indigenous institutions and authorities,
thereby preserving “continuity” with the past, while laying foundations for what he saw as the
progressive improvement of indigenous society.
The British played an active role in enhancing the traditional powers of the chiefs and, in doing
so, modified certain local government institutions. Indirect rule altered the institutional structures
and the functions of existing tribal chiefs by (1) Paying the chiefs a salary, (2) consolidating
smaller chiefdoms into larger areas and (3) removing the opportunity of citizens to ‘‘de-stool’’ bad
chiefs—i.e., to coordinate his punishment. They eliminated coordinated punishment that was in
existence before the colonial rule for example the British no longer allowed the citizens to depose
their chiefs and elect new ones.
The British officials in Nigeria formulated and enforced policies and laws through the traditional
rulers who only served as intermediaries between the people and the British government. However,
the cultures and traditions of the people were respected and retained by the British authorities in
order to make them more acceptable and welcomed by the people. This system worked out well
due to the cooperation of the traditional chiefs who claimed that since their cultures and traditions
were not tampered with, they have no problem dealing with the British officials, but this was to
some extent as the indirect rule system measure of success differs from one area to the other.
27
3.2 Reasons for the adoption of Indirect Rule System of Administration
The British adopted the system of indirect rule in Nigeria because of certain reasons. These
include:
a) Finance: The British government knew the implication of huge cost of running a
government with European staff at all levels of administration. This will involve salaries,
accommodation and medical services for the staff and families. This would create financial
burden on the British government. British government from the beginning was not ready
to carry the administrative cost of the governed colonies, but to generate revenue through
taxes levied on the local people. Indirect rule became a suitable form of administration for
the purpose of reducing the cost of administration. Therefore, indirect rule was
implemented because it was cheap and practical.
b) Area and Population Size of Nigeria: The large size of Nigeria’s territory coupled with
the limited British personnel informed the British on the preference of indirect rule system.
c) Weather and Language Barrier: The Whiteman found the Nigeria’s hot weather
intolerable coupled with the prevalence of malaria disease caused by mosquitoes in tropical
Africa.
d) The Willingness of the British Government to preserve Indigenous Political
Structure: From the very beginning the British introduced the indirect rule system, there
was no conscious attempt at replacing the indigenous political structure among the natives
with the British personnel. The British government was comfortable with the indigenous
structure and the prospect of indirect rule and therefore adopted it for the administration of
the colonies.
e) Cultural Diversity and Inadequate Knowledge of the Country by the Colonial
Masters: The diversity and complexity of the culture of various peoples of Nigeria was
initially beyond the understanding of the British colonial masters who for this reason
preferred to retain the existing structure of administration via the indirect rule system.
f) Experience in other British Colonies: Lord Lugard’s experience of indirect rule in
Singapore, Uganda and Malaya may have also convinced him on indirect rule as the most
appropriate administrative system for the natives (Awofeso 2014).
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3.3 Features of Indirect Rule
The listed are the features of indirect rule in Nigeria
i. Traditional rulers and chiefs were used in governing the people;
ii. The traditional political system of government in place was utilized;
iii. The customs and traditions of the people played a significant role in the administration of
indirect rule;
iv. The cultural values of the people were respected by the British officials;
v. The British officials were to guide and where need be, enforce colonial regulation. For
instance, resident and district officers;
vi. The traditional rulers were respected and given exalted positions in the administration
which made it easy for the colonialist to operate and rule;
vii. The cost of administration was not high because those involved were paid peanuts. The
traditional rulers and chiefs were poorly remunerated;
viii. The whites made use of natural agricultural produce in the collection of taxes;
ix. Native courts were used for administration of justice;
x. Native police and prisons were utilized in the system;
xi. Officers or chiefs were appointed where there were no traditional chiefs or rulers and
xii. The system did not disrupt the existing traditional system of administration and political
order (Mai-Lafia).
29
6. Traditional institutions, native courts were developed, making indirect rule more effective
and durable.
7. Indirect rule helped in introducing a new method of collecting taxes.
8. The political system was stable especially in the north, where the traditional rulers had the
over-whelming support of the people.
31
a) Native courts
b) Traditional chiefs
c) Traditional courts
d) Magistrate courts
32
c) modern life
d) development
Ocheni, S., and Nwakwo, B. C. (2012), Analysis of Colonialism and its Impact in Africa. Cross-
Cultural Communication, 8 (3), 46-54.
Okafor, S. O. (1981). Indirect Rule: The Development of Central Legislature in Nigeria. Surrey.
Thomas Nelson and Sons Ltd.
Odegowi, T. (2011) From Conquest to independence: The Nigerian Colonial Experience. HAOL,
Num. 25 pp 19-29.
33
Study Session 4: Indirect Rule System in Northern Nigeria (Hausa/Fulani Empire)
Introduction
The policy of indirect rule was first introduced in the Northern Nigeria by Lord Lugard. As
discussed in the previous study session, the British officials in Nigeria formulated and enforced
policies and laws through the traditional rulers who only served as intermediaries between the
people and the British government. In the northern region of Nigeria, the British indirect rule
system made use of the Emirs and modified the existing traditional institutions to administer. In
this study session, you will learn how the British indirect rule was instituted and practiced in the
Hausa/Fulani Kingdom.
34
4.2 Reasons for the Adoption of Indirect Rule System in Northern Nigeria (Hausa/Fulani
empire).
Recall that we discussed in the previous study session that Indirect rule altered the institutional
structures and the functions of existing tribal. In Northern Nigerian, the British paid the chiefs to
carry out British demands and to perform the traditional functions of governance.
Lord Lugard was of the opinion that the Fulani Caliphate which had already a developed system
of administration based on the Islamic principles could not be abolished easily. He therefore
suggested the idea of ruling the Caliphate through the emirate model. In addition to this, there were
other reasons which drove Lugard to keep the traditional political institutions of the Fulani
government. This was mainly due to the lack of finance and experienced administrators which
impeded him to provide a direct administration. Thus, reliance on the native authorities was the
cheapest and most effective system since it would preserve order and stability and would serve
the colonial rule as well.
35
4.4 Reforms introduced by indirect rule in Northern Nigeria
Indirect rule introduced various reforms in various aspect of the Hausa/Fulani empire.
i. Economic Reforms
For the sake of consolidating their colonial rule, the British imposed a new economic regime
through which they introduced many changes. The first step was to develop the means of
communication and transport. Thus, in order to make the North accessible to the South and to
develop its commerce, the colonial government started the construction of the railways.
36
judicial council who would not follow his advice. Under British rule, all punishments which
opposed British ideals of “natural justice and humanity” were abolished (Hallouch 2018, 259-262).
4.5 Factors responsible for the success of Indirect Rule in Northern Nigeria
There are many factors responsible for the success of indirect rule in the northern part of Nigeria.
Some of them are:
a. The political system was highly centralized:
Because of the nature of the Hausa/Fulani pre-colonial administration which was highly
centralized, it as easy for the colonial masters to identify the source of authority -the Emirs,
within these societies.
b. The nature of the existing system of taxation;
The northern region had long before the advent of colonialism introduced several methods
of taxing the people. The British only needed modify an already existing and familiar
practice which made no difference to the people because they are already use to the system
of taxation.
c. High level of illiteracy
The North, because of its late contact with the British was not exposed to western education
early enough, and consequently was lacking in required exposure and awareness to
effectively criticize the indirect rule system of administration.
d. Islamic religion and power of the Emir:
The Emir being a theocratic leader was able to effectively use Islamic religion to enforce
compliance to his order, whether coming directly from him or as instructed by the colonial
masters. Besides this, the Emir was considered the intermediary between Allah and the
people, therefore, any disobedience to his orders was tantamount to disobedience to Allah.
Whereas, Christian missionaries worked to transform the traditional society and its ways
of life in the parts of Nigeria where they operated, and this included the Middle Belt areas
of the historical north, the colonialists using the Indirect Rule system worked with the
Emirs to preserve existing traditions instead (Awofeso, 2014).
37
Summary of Study Session 4
In this study session, you have learnt how indirect rule was practiced in the Northern Nigeria
(Hausa/Fulani Emirate). It was a fact that the British indirect rule system made use of the Emirs
and modified the existing traditional institutions to administer the northern region of Nigeria. Lord
Lugard believed that the Fulani Caliphate which had already a developed system of administration
based on the Islamic principles could not be abolished easily and therefore suggested the idea of
ruling the Caliphate through the emirate model. You have also learnt many reforms were
introduced by indirect rule system in the north some of which include; education reforms, fiscal
reforms, judicial reforms and economic reforms. You also have a knowledge of the reasons why
indirect rule was a success in the north.
38
b) model
c) administration
d) courts
39
c) judicial reform
d) fiscal reform
40
c) centralized
d) influential
Hallouch, N. (2018). British Indirect Rule and the Islam in Northern Nigeria (1900-1940).
International Journal of Social Sciences. Volume 4 Issue 2, pp. 249-267.
Ocheni, S., and Nwakwo, B. C. (2012), Analysis of Colonialism and its Impact in Africa. Cross-
Cultural Communication, 8 (3), 46-54.
41
Study Session 5: Indirect Rule System in Western Nigeria (Yoruba Kingdom)
Introduction
Although the indirect rule was a huge success in the Northern protectorate (Hausa/Fulani empire),
the story was a ‘mixed bag’ in the southern protectorate (Yoruba and Igbo land). Remember that
we discussed in one of the study sessions that Indirect rule altered the institutional structures and
the functions of existing tribal chiefs in the Northern and Southern Nigeria during indirect rule era.
What the British did in Southwest Nigeria was to a select a number of these chiefdoms—selected
more for their geographical position than for any other considerations—and to appoint their chiefs
as salaried headmen of administrative districts. You will be learning in this study session about the
British administration (indirect rule system) in the southwest Nigeria.
42
Nigeria prior to their coming. One of the issues is that the system in the north was more or less an
autocratic system while the west was monarchical. Again, the north had a centralized system of
administration which Lugard found very easy to adapt for the purpose of indirect rule governance.
However, the indirect rule tends to widen the power at the Oba’s disposal to the total neglect of
the senior chiefs. Aside, the introduction of regularized taxation was incompatible with the Yoruba
Traditional System.
5.3 Indirect rule and the judicial system in the southwest (Yorubaland)
At the judicial level, Lugard devised a judicial system whose primary objective was to leave the
administration of justice, as far as possible, to local courts following their own laws and
procedures. In this way Lugard hoped to secure continuity in the administration of justice using
broadly the same judicial institution and personnel as each community had evolved for itself prior
to colonial rule. He therefore introduced a policy which would preserve the traditional legal system
and as many of its legal ideas and procedures as acceptable to British standards. The effect of the
judicial system was to give the paramount chief more control of the people in his region (Umahoro,
2006).
43
5.4 Reasons for the partial success of indirect rule in Southwest Yorubaland
Several factors contributed to the partial success of indirect rule in southern Nigeria.
a) Absence of traditional system of taxation
Indirect rule was successful in areas where the people used to the payment of tax to the traditional
authorities. Until the introduction of indirect rule, the people of southern Nigeria were alien to
taxation. Therefore, when it was introduced by the British, they vehemently opposed it and once
there was not enough money in coffers of the colonial officials, the policy of indirect rule met with
some challenges.
d) Introduction of taxation
The indirect rule system introduced a system of taxation. This was not popular in the West like it
happened in the North. The native authorities needed funds to operate, and traditional rulers made
attempts to force the people to pay taxes. These attempts proved abortive. Many riots were
recorded in many parts of the West because of the introduced taxes (Oyediran et al., 2014).
e) Non participation of educated elite
The educated elite were sidelined in the workings of the policy of indirect rule. Apart from that
the system gave enormous powers to the chiefs, to the detriment of the educated elite. These
44
educated elites were radical and articulate. They reacted negatively to the rule by the chiefs and
this posed a challenge to indirect rule in Yorubaland.
46
a) domination
b) oppression
c) control
d) direction
47
a) local chiefs
b) educated elite
c) professionals
d) traditional chiefs
Akinbade, J.A (2008), Government Explained (Plus Questions and Answers), Lagos: Macak Book
Ventures.
Awofeso, O. (2014). Constitutional Development in Nigeria- Historical and Political Analysis.
Lagos. MacGrace Publishers.
Oyediran, O., Nwosu, H., Takaya, B. et al. (2014). New Approach Government. Ikeja. Learn
Africa Plc.
Umaroho, B. (2006). A Case for Political Decentralisation in Nigeria. School of Global Studies,
Social Science and Planning, RMIT University (Thesis).
48
Study Session 6: Indirect Rule System in Eastern Nigeria (Igbo Land)
Introduction
If indirect rule succeeded in the northern part of Nigeria, fair in the Yorubaland, the same cannot
be said for the east because it failed in Igbo region of eastern Nigeria. Because the Igbos had no
tradition of chieftaincy institutions, the British appointed willing participants or collaborators and
gave them "warrants" to act as local representatives of the British administration among their
people. These invented chiefs became known as “warrant chiefs.” Though they lacked traditional
relevance, their warrant to rule was expected to enhance the authority now bestowed on them (Raji
2017). You will learn in this study session how the British tried to force indirect rule system on
the Igbos of eastern region of Nigeria.
49
Thus, the officials attempted to select warrant chiefs who also had viable authority within the
indigenous political structure. Traditional cultures would be left intact as long as they neither
constituted opposition to British rule nor impeded the new administrative structure (Ogbu1977).
With the rise of indirect rule through institutions such as warrant chiefs system, British colonial
administration thwarted the traditional government of the Igbo people. The warrants chiefs were
selected arbitrarily for their opulence and influence in their respective areas.
6. 2 Reasons why the “Warrant Chiefs” were used to administer in Igbo Land
1. The Igbo region of eastern Nigeria, which had no tradition of chieftaincy institutions.
2. The Ibos had no centralized political authority.
3. The Igbo political organization has been described as being decentralized. And its
government referred to as ‘Republican’. Decentralized is used to described the political
organ of societies without central government. In decentralize societies, stable government
is achieved by balancing small, equal groups against each other and by the ties of clanship,
marriage and religious association.
4. The Igbo political authority was largely a fragmented one. The highest political authority
was the village government where the elders could only make political decisions with
popular consent. The egalitarian systems of government which recognized authority as
coming directly from the people made the British to decide on the ‘warrant chiefs’ for
administration.
Following the failure of the colonial masters to find a Supreme authority in the east, they decided
to introduce the warrant chiefs, whom they gave powers to control some of the political affairs of
eastern Nigeria. Warrant chiefs were influential men appointed by the British to take charge of the
local administration. The Warrant Chief System was an attempt by the British government to rule
the natives through their traditional political organizations. it is believed that the Warrant Chiefs
were appointed in order to maintain British laws within the Igbo territory. Basically, the Warrant
Chiefs consistently protected British interest over the interest of the natives and, as a result,
emerged as the new ruling class in Igboland (Raji 2017).
50
The functions of these Warrant Chiefs included but not limited to imposition and collection of
monetary taxes and dues both in cash and kind, extraction of court fines and levies, mapping out
and allocation of land to the Colonial Government for building projects like, Police Post, Prisons
and Courts as well as leasing of land to the trading companies, encouraging the peasants to raise
crops that will serve as raw materials for Colonial Government (Ezeogidi, 2019).
6.4 Reasons why indirect rule failed in the Eastern part of Nigeria
51
4. Non-participation by the educated elites
In Igboland, the growth of Christianity brought about an increase in the number of educated people.
This elite were completely excluded from the process of government. They therefore opposed the
indirect rule system.
52
SAQ 6.1 (Tests Learning Outcome 6.1)
1. British influence in the Igboland was established in the first decade of the __________
a) 1900
b) 1800
c) 1770
d) 1886
53
d) Igwe’s
54
SAQ 6.9 (Tests Learning Outcome 6.4)
9. The system of ____________ introduced in Igboland by the colonial government was
completely to the people.
a) farming
b) taxation
c) ruling
d) discourse
Raji, A. T. (2017) The Colonial Interlude and Igbo Judicial Systems, Changes and Continuity;
Colonial Impacts on the Judicial Systems of Administration. Online source:
https//www.grin.com/en/privacy-en/.
55
Study Session 7: Nationalism and Nationalist Agitations in Nigeria
Introduction
Nationalism is the recognition by the people in a common geographical setting, that they together
and belong to a nation with some common history, interests and goals and the need to free
themselves from any socio-economic or political domination by other nations. Nationalism
embraces both this awareness and the activities towards obtaining or maintaining independence.
However, nationalism is defined as “an expression of feeling of common identity by a group”
(Barkindo, etal, 1994). In most cases, what bind those people together range from language and
culture to ancestry. The nationalist awareness usually arouses in the people, the desire to break
free from any form of domination or enslavement. In the case of Nigeria before 1960, nationalism
could be said to have been built on resistance to foreign rule of the British colonialists, and it
manifested in several ways and dimensions. Moreover, nationalism is also defined as “a policy
designed to achieve self-determination by the removal of alien rule” (Prince, 1970). Although it is
not every nationalism that is aimed at the removal of alien rule. The kind of nationalism that took
place in British West Africa before the Second World War was not aimed principally at the
termination of colonial rule but to seek accommodation for African elites in the colonial society
which had neglected them. During colonial era in Nigeria, some notable people took the front line
and resisted the rule of the British up until Nigeria achieved independence. Some of those people
are, primarily, King Jaja of Opobo, Masaba of Nupeland, Nana Olomu of Itsekiri-land, Oba
Ovonramwen of Benin and Herbert Macaulay. In their different ways and methods, the people did
a lot to raise consciousness about the need to resist and subsequently end foreign rule of the British
colonial ruled in Nigeria. Immediately after the Second World War, the nationalists embarked
upon mass demonstrations, civil disobedience, strikes and boycotts. They condemned colonialism
and called for immediate independence.
56
Learning outcomes for Study Session 7
At the end of this study session, you should be able to:
7.1 Define the concept of Nationalism
7.2 Discuss the historical background to Nationalism in British West Africa
7.3 Examine the features of Nationalism before the Second World War
7.4 Enumerate the factors that affected the rise and growth of Nationalism after the Second
World War
7.5 Describe the effects of Nationalism in Nigeria
7.6 Highlight the contribution of Nigerian Nationalist to independence.
Hailey (I957) simply equates nationalism with 'Africanism', as a reaction 'against the dominance
of Europeans in political and economic affairs', suffused with a vocation for self-determination
and African rule (but not Pan-Africanism). While Hodgkin (I956), in his action oriented definition,
bestows the nationalist label upon 'any organization or group that explicitly asserts the rights,
57
claims and aspirations of a given African society (from the level of the language-group to that of
"Pan-Africa") in opposition to European authority, whatever its institutional form and objectives'.
Masaldan (1988) assert that Nationalism may, thus, be described as the sentiment and
consciousness of a community experience which is nurtured by a nationality group that aspires for,
or already possesses, a separate, sovereign state in which it has a dominant position. Pusić, (1995)
opined that “nationalism is the belief that loyalty to one's own state is more important than loyalty
to some internationally valid principles or interests of the individual”. Nationalism is not primarily
a political programme, but a way of looking at political programmes and ideas ((The New
Encyclopaedia Britannica 1991). Therefore, nationalist movements were the organisations which
fought for the rights of Africans and for independence or self-government for Africans. Examples
are Nigeria Youth Movement (NYM), The National Congress of British West Africa (NCBWA),
West Africa Student Union (WASU), West African Youth League (WAYL) etc.
The nationalist movement in British West Africa originated from the policy of indirect rules. The
policy gave preference to traditional rulers and neglect the educated elites in governance which
did not go down well with the educated elites, especially those living in the coaster areas.
Therefore, the seed of nationalism could be situated in the womb of the indirect rule system.
Moreover, the origin of nationalism in Nigeria could be traced back to the struggles of notable
kings who resisted the British encroachment on their sovereignty. Some of these kings included
King Jaja of Opobo, Masaba of Nupeland, Nana Olomu of Itsekiri-land, Oba Ovonramwen of
Benin and Herbert Macaulay. These was at the initial stage and these people were later to be
joined by others who finally drafted Nigeria to the table that produced her independence in 1960.
i. Opposition by traditional rulers: Traditional rulers in West Africa opposed colonial rule
over their domains at one time or the other. These traditional rulers included Oba
Ovoramwen of Benin, Samouri Toure of the Mandinka Kingdom and Jaja of Opobo. Some
of these African chiefs were banished from their empires and kingdoms, as a result of their
resistance to foreign domination.
58
ii. Criticism of colonial policies through the newspapers: The establishment of newspapers
provided West African nationalists the opportunity to enlighten West Africans on political
issues, to enable them to resist colonial rules. It also afforded them the opportunity to
criticise colonial policies. Such newspapers included the West African Pilot, the Daily
Comet, the Daily Service, the Daily Times and some local language newspaper like Akede
Eko.
iii. Demands for constitutional reforms: The nationalists demanded constitutional reforms
in all the West African colonies to enable the people to participate in the government of
their territories.
iv. Petitions: The African elite under the aegis of the National Congress of British West
African demanded political reforms for the people of West Africa. They sent delegates and
petitions to the colonial secretary in London, demanding a legislative council for each
colony, and self-determination for colonies under colonial administration.
v. Riots: Africans used riots as a form of resistance to colonial rule. An example was the Aba
women’s riots of 1929, which arose as a result of imposition of taxes on men, which the
women assumed would also be extended to them.
7.4 Factors that affected the rise and growth of Nationalism after the Second World War
It is important to note that several factors were responsible for the sudden change in nationalist
activities after the Second World War, that is between 1939 to 1945. These factors were both
internal and external with the latter propelling the former.
a. The Atlantic Charter: The declaration that all the people under colonial domination in
the world have the right to self-determination encouraged the nationalists in their struggles
for the independence of their territories.
b. WASU’S Agitation: The activities of the West African students’ union abroad helped the
agitation for self-rule. They organized themselves into unions and mounted pressure on the
colonial government to grant West Africa independence.
c. Effects of the Second World War: The Second World War gave young Africans the
opportunity to enlist in the same Army with their Europeans counterparts. They fought in
59
different parts of the world together and some were officers commanding mixed races.
They discovered that the white was not superior to them and this removed the inferiority
they had.
d. The Ex-Servicemen’s Influence: These ex-servicemen joined the nationalist struggle for
independence on returning home because the Allied forces reneged on their promises to
provide them jobs.
e. Britain’s Defeat: The defeat of Britain by Japan dented Britain’s prestige because Britain
was a great world power. She also lost Malaya and many other South East Asian countries.
These defeats suffered by Britain were a big blow to her supposed invincibility. It also
compelled the British government to review its colonial policy.
f. The India Independence: The independence of India in 1947 encouraged Africans to
intensify their demands for self-rule.
g. American Influence: Ever since signing of the Atlantic Charter, the American government
and people rose stoutly against colonialism, which they saw as evil. The aggressive anti-
colonialist stance of the government and people of America should not be a surprise since
the United States was also a former colony of Britain, and recognized the deleterious effects
of colonialism.
h. War Propaganda: The war propaganda of both the Allies and the Nazi centred upon the
concept of freedom. That is, they promised all countries freedom. You cannot promise
freedom in one breath and deny it in another breath.
i. Anti-Colonial Posture of the United Nations: The United Nations supported the nations’
fight against colonialism and imperialism. Also, the United Nations Charter of 1945
recognized the right of all colonial people to freedom. The Charter provided a basis for
nationalist agitation.
a. Discrimination in the Civil Service: Africans who had the same educational
qualifications with the Europeans counterparts in the civil service were discriminated
against and were offered inferior positions and paid lower wages. Olusanya (1975) assert
that “Africans were recruited into junior posts in the civil service and barred from
promotion to the senior grades which were reserved exclusively for Europeans”.
60
b. Unpopular Colonial Policies: Colonial policies such as economy was dominated and
exploited by giant multinational companies like John Holt, G.B. Olivant, Gaizer and UAC.
These foreign companies bought raw materials at cheaper rates, and sold their finished
products to Africans at exorbitant prices.
c. Inferiority of Cultures: For socio-cultural reason, African cultures and traditions were
regarded as inferior by the whites. The Europeans established separate residential houses,
hospitals and recreational centres for the blacks and whites. They also encouraged Africans
to where Europeans dresses and speak their languages. This behaviour engendered
nationalism in Nigerians who resented it.
d. Establishment of Political Parties: The formation of political parties by purposeful
leaders enhanced nationalist activities in Nigeria. These early political parties were the
Nigeria National Democratic Party (NNDP), formed in 1923 and led by Herbert Macaulay,
Nigeria Youth Movement (NYM) formed in 1934 led by Ernest Ikoli, National Council of
Nigeria and Cameroon (NCNC) also formed in 1944 by Herbert Macaulay, Action Group
(AG) formed in 1950 by Obafemi Awolowo, Northern People’s Congress (NPC) formed
in (1951) led by Ahmadu Bello, and Northern Element Progressive Union (NEPU) formed
in 1951 led by Aminu Kano.
e. Riots and Strikes: Incidents of riots and strikes increased nationalist awareness and
furthermore united their forces for change. Examples are Abeokuta tax revolt of 1900, the
Aba women’s riot of 1929 and the general strike of 1945.
f. Establishment of Newspapers: The emergence of such newspapers as the Daily News,
the West African Pilot, as well as local language newspapers like Akede Eko and Iwe
Iroyin. led to the growth of nationalism in Nigeria.
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ii. Establishment of Political Parties: It led to the development of political parties in Nigeria
such as the National Council of Nigeria and the Cameroons (NCNC), Nigerian Youth
Movement (NYM), Nigerian National Democratic Party (NNDP), the Action Group (AG),
and the Northern People’s Congress (NPC).
iii. Establishment of Newspapers: Nationalism led to the rise of newspapers such as the
Lagos Daily News, Daily Service and West African Pilot etc.
iv. Myth of the Superiority: Nationalism destroyed the myth of the superiority of the white
man that was created for long by the British rulers
v. Discrimination in the Civil Service: It made Nigerian workers fight against
discrimination in the civil service and obtain better placements and conditions of service.
vi. Economic Exploitation: It mobilised the people against economic exploitation by the
British and created room for Nigerians to control more of the nation’s trade and economic
resources.
i. They used other propaganda machinery such as the activities of the West African Students
Union (WASU) in London to present their position on the need for independence in
Nigeria.
ii. They wrote petitions to the Secretary of state for the colonies in London. An example is
the one sent to him in March 1920 by the delegates to the National Congress of British
West Africa.
iii. Nigerian nationalists formed political parties and associations. The earliest political parties
were formed by nationalists. Examples were the NNDP formed by Herbert Macaulay,
NYM by Ernest Ikoli, NCNC by Nnamdi Azikiwe, AG by Obafemi Awolowo and NPC
by Aminu Kano.
iv. They sent delegates to the British government in London and to the colonial government
in Nigeria to press forward their demands.
v. They took active part in constitutional conferences
vi. In parliament, they tabled and voted in favour of motions/policies favourable to the
attainment of self-rules.
vii. They organized rallies, symposia and lectures to educate the people.
62
viii. They organized labour unions and meetings and put pressure on the colonial employers
and government
ix. They organized strikes and boycotts as powerful instruments to back up their demands.
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SAQ 7.2 (Tests Learning Outcome 7.0)
2. The kind of nationalism that took place in British West Africa before the Second World War
was not aimed principally at the termination of colonial rule but ____________________
a) To involved in local governance
b) To replace the traditional rulers
c) To seek accommodation for African elites in the colonial society which had neglected them.
d) To become leaders of the country.
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d) Policy of Direct rules
65
SAQ 7.10 (Tests Learning Outcome 7.6)
10. All are the contribution of Nigerian Nationalist to independence except ________________
a) Reformation of the traditional council
b) They took active part in constitutional conferences
c) They organized rallies, symposia and lectures to educate the people
d) They organized strikes and boycotts as powerful instruments to back up their demands
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Study Session 8: Pre-Independence Constitutional
Development in Nigeria
THE HUGH CLIFFORD CONSTITUTION 1922
Introduction
Since human beings are subjected to periodic changes, so also is its environment and such
environment requires a binding document to regulate day-to-day activities of the people residing
in it. This is where the making and provision of the constitution is very germane for peaceful co-
existence of the country. A constitution is the fundamental law of a country. No matter how good
a constitution may be, it must constantly adapt to changes in its environment if it is to endure.
However, the pace at which things change in the environment, especially with regards to the
distribution and exercise of power, may not be matched by the provisions// of the constitution. As
such, the tendency in some states is to draft a new constitution in line with changes in the political
society. This has been the practice in Nigeria even during the colonial era. However, the period
before independence, a few constitutions were promulgated by the British colonial government to
satisfy demands for political and constitutional reforms.
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8.1 Fredrick Lugard Constitution of 1914
With immediate assumption of office by Frederick Lugard, all hand was on deck to set up new
constitution for the people of the provinces. This led to the acceptance of the Lugard
Amalgamation Report by the British Government, the Northern and Southern Province were joined
together to form Nigeria on 1st January, 1914. The new country was officially known as the colony
and protectorate of Nigeria and a constitution was promulgated to provide guidance in the
administration of the country. It is sufficing to say that the principle reason for the amalgamation
was the need to protect and advance the economic and commercial interest of the British
Government while the interest of Nigerians was put into jeopardy.
68
4. The different and diverse ethnic nationalities which had previously been at each other’s
throat were, for the first time, brought together under the same constitutional framework.
5. There was decentralization of government through the creation of provinces and introduction
of indirect rule policy in Nigeria.
69
Southern protectorate was amalgamated. Secondly, the commencement of the First World War
and lastly, the Nigerian Council was formed as an advisory body to the Governor-General.
The system of government introduced as a result of the amalgamation of 1914 created sharp
divisions between British officials and educated Nigerians on one hand and between the chiefs and
the educated elements on the other hand. It was therefore quite easy for the British colonial officials
and traditional rulers to align against the educated elites who had no political platform to articulate
their position. The meeting of the National Congress of British West Africa held in Accra, Ghana
in 1920, provided the opportunity for educated African to articulate their views. The congress
demanded for self-government and an elected legislative council, among other things.
The British colonial authorities rejected these political demands as being too ambitious and highly
unrealistic. Due to lackadaisical and frivolous attitude of the members of the Nigerian Council, the
Council collapsed in 1918, and that was what led to emergency of a new government. Sir Hugh
Clifford assumed power in 1919 and was particularly trenchant in his criticism of the congress and
denounced the conference as a self-elected and self-appointed congregation of educated African
gentlemen. However, as a result the open criticism of the congress and its demand for political and
constitutional reforms, the British authorities realized that it was important to incorporate the
educated Africans into the political process. It was against this backdrop that Governor Clifford
promulgated the 1922 constitution.
70
b) The Executive Council: The council was established for the whole country and it serves as
an advisory body to the Governor. It comprised the Governor who served as its president
and eleven (11) senior officials who were heads of department. The council advice the
Governor on policy matters.
c) The Governor: The Governor presided over the meeting of both legislative and executive
councils. He nominated some unofficial members to the legislative council. The Governor
made laws for the Northern protectorate through proclamation. The law of the legislative
council did not apply to the Northern protectorate. The Governor was vested with the veto
power.
d) The Elective Principle: The Clifford Constitution of 1922 was the first to introduce the
elective principles in British West Africa. Only Lagos and Calabar elected representatives
to the legislative council while few peoples are qualified to vote in these two towns. The
principle of franchise was restricted and was not based on Universal Adult Suffrage. Thus,
only male adult who had an annual income of £100 and above and who possessed
presidential qualification of 12 months were qualified to votes.
8.7 Merits of the Clifford constitution
The advantage of the constitution included the following:
1. The Clifford constitution introduced the elective principle, the first of its kind in British
West Africa. This encouraged political activities especially in Lagos, which had the seats.
2. The introduction of the elective principle stimulated the formation of political parties to
mobilize people for the 1923 elections into the legislative council. The parties included the
Nigerian National Democratic Party (NNDP), the Peoples Union and the Lagos Youth
Movement (LYM) whose name was later changed to Nigerian Youth Movement (NYM)
3. It aided the formation of five newspapers that champion the cause of the nationalists and
to raise the level of political consciousness among the people. The papers were the Daily
Times, the Anglo African, the Lagos Weekly Record, the Mirror and the West African
Pilot.
4. It also increased political activities in Nigeria. Hence stabilizing political system in the
country.
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8.8 Demerits of the Clifford constitution
The Clifford Constitution had the following disadvantages:
1. The legislative council created by the constitution was quite restrictive in its scope and
coverage. It only made laws for the southern provinces and continued the colonial policy of
isolating the North from the South.
2. The constitution did not reflect the wishes and aspirations of Nigerian’s. It remained
unchanged while there were widespread agitations and protests by Nigerian nationalists for
representation in the management of their own affairs.
3. The imposition of the indirect rule system on the southern provinces because of its success
in the North showed a clear lack of understanding of the Nigerian political situation by the
drafters of the constitution.
4. The few Nigerians on the council were selected by the British colonial government and did
not therefore represent the interest of Nigerians. They had little interest in the debates of the
council and they readily exhibited a penchant to cooperate easily with the British colonial
officials.
5. The franchise for election into the legislative council was to narrow and restrictive as only
the rich businessmen in Lagos and Calabar could easily contest elections under the electoral
rules.
6. The executive council which was dominated by Europeans had no real executive powers.
7. The majority of members of the legislature council were Europeans who obviously did not
have a thorough understanding of the yearning and aspirations of Nigerian.
The Sir Hugh Clifford constitution formed the commencement of the constitutional development
in Nigeria. However, despite the formation of legislative and executive councils which ought to
72
have increased political participation and general political activities of the people of the country
but poor representation of Nigerians in these councils was a major setback for the country. Besides,
the exclusion of educated Africans from the government led to major criticism and protestation by
the various groups which short lived the tenure of the Clifford constitution and led to emergency
of the new constitution in Nigeria.
73
a) The indirect rule policy strengthened the native administration system as an institution of
government and this system promote allegiance to local rather than national institutions.
b) There was decentralization of government through the creation of provinces and
introduction of indirect rule policy in Nigeria.
c) The amalgamation never really resulted in national unity as both the North and the South
continued to pursue different policies.
d) The Nigerian council was neither Nigerian in nature nor was it a true law making body.
74
b) 1910
c) 1914
d) 1919
75
SAQ 8.10 (Tests Learning Outcome 8.8)
10. All are the disadvantages of the Clifford constitution except _____________________
a) The Clifford constitution introduced the elective principle for the first time in British West
Africa.
b) The constitution did not reflect the wishes and aspirations of Nigerians.
c) The majority of members of the legislative council were Europeans who obviously did not
have a thorough understanding of the yearning and aspirations of Nigerians.
d) The executive council which was dominated by Europeans had on real executive powers.
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Study Session 9: Pre-Independence Constitutional
Development in Nigeria
SIR ARTHUR RICHARD CONSTITUTION OF 1946
Introduction
By 1943, it had become clear that the Clifford constitution of 1922 was no more relevant to the
nationalist’s aspiration. Though war was about to end while the war itself had intensified
nationalist struggle for independence. However, the background for a new constitution was later
laid by Barnard Bourdillon who was Governor of Nigeria between 1935 and 1943. His proposals
for a new constitution could not be implemented however before his departure from Nigeria in
1943. The new Governor, Sir Arthur Richards completed work on the new constitution and
implemented it. Incidentally, it was in that same year, 1943, that Sir Arthur Richards later Lord
Milverton became the governor of Nigeria. Seeing the mood of the country. Richard had early in
1944 proposed a constitution whose objectives were to promote the unity of Nigeria, providing for
the diverse people of the country and securing greater participation by the people in the discussion
of their own affairs.
77
in 1922. Thus, several factors accounted for the promulgation of the constitution. Firstly, the
indirect rule was a failure in Southern Nigeria contrary to the expectation of the colonial
government. The educated Nigerians were shut out from participation in government and they
suffered various forms of discrimination in the civil service. Yet, the size of the educated people
had increased tremendously and the colonial government was faced with the problem of absorbing
the school leavers into government service. This was always going to be difficult, as imperial
majesty’s control appeared inconsistent with the granting of powers to educated Nigerians who
were agitating for self-government.
Secondly, the West African Student Union (WASU) had been agitating for self-government for
Nigeria and other British West African counties since 1914. In particular, WASU demanded a
Federal system of government for Nigeria. This demand also called for a change of colonial policy.
Thirdly, there were two contending demands for political reforms within the Nigerian society
itself. In the first place, some people argued that the native authorities should be strengthened and
power should be devolved in the regions. The main demand of this group was that regional
governments should have more powers than the central government in any constitutional
arrangement. The Northern Emirs and British colonial officials had sympathy for this view. The
other demand was that native’s authorities should only serve as electoral colleges for election into
Regional Assemblies and the central legislative in Lagos. In order words, they argued that there
should be a strong central government. Also, the educated Nigerians and nationalists in the coastal
towns were in support of this position.
Finally, the influence of Rchards’ predecessor, Governor Bourdillion (1935-1943) was very
significant. Governor Bourdillion had divided the Southern Protectorate into Eastern and Western
provinces in 1939. He called for political unity and encouraged the northern emirs to abandon their
isolationist tendencies and take pride in sharing the administration of the whole country with the
southerners. It was against this background that Sir Arthur Richards became the governor in 1944.
He forwarded his constitutional proposals to the secretary of State for the colonies on 6th
December, 1944. His main objectives of the new constitution were to promote the unity of Nigeria,
to provide adequately within that unity for the diverse elements which made up the country, and
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to secure greater participation by Africans in the discussion of their own affairs. The constitution
was expected to last for nine years.
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practiced Unicameral legislative system i.e. House of Assembly. Majority of the members
of the Regional Assemblies were selected by the Native Authorities.
d) The Executive Council: The meeting of this council presided over by the Governor had
only official members who were heads of government. It is important to note that under
Clifford constitution of 1922 executive council comprised of only Europeans but for the
first in history two Africans were appointed to the council, one in 1943 another in 1949.
9.3 Merits of the Richard Constitution
The constitution had the following advantages:
1. The Richards constitution is significant because for the first time in the history of the
country, the North and South were brought together under a single legislative authority. By
so doing, the first objectives of the constitution which was the promotion of national unity
was achieved.
2. The constitution ingeniously incorporated the indirect rule into the constitution by linking
the Native Authorities to the Regional Assemblies and by linking the latter to the central
legislative in Lagos.
3. By establishing Regional Assemblies, the constitution recognized the diversity of Nigeria
and provided an opportunity for these diverse elements to express their views. With this,
the second objectives of the constitution were realized. The representation of the various
diverse interests was the second objectives of the constitution.
4. The constitution allocated restricted functions to the Regional Assemblies.
5. The Regional Assemblies provided a forum for Nigerians to participate in the discussion
and management of their own affairs. By so doing, the third objective, namely, securing
the participation of Nigerians in their own affairs was achieved.
6. Franchise was extended to other part of the country.
7. The Richards constitution for the first time appointed Africans to the Executive Council.
8. Lastly, regionalism was introduced for the first time.
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1. The constitution failed to satisfy the aspirations of Nigerians, in that despite the increased
representation, their participation was constitutionally limited in scope leading to pressures
from the nationalists for a new constitution.
2. Both the legislative council and the Regional assemblies were still advisory in functions as
real power still remained with the governor and the executive council which was European
dominated.
3. The governor apart from retaining the veto power also reserved the right to evict legislation
independent of the legislative council whenever he felt so.
4. Another was that the so-called unofficial majority was nothing more than a gimmick since
the government would still get majority votes in the council judging by the type of Africans
that were to be elected.
5. It was also argued that the property qualification of £100 for voting in both Lagos and
Calabar was aimed at preventing radical Africans from coming to the legislative council.
6. The Richards constitution was undemocratic as it was an imposition by the colonial
government. In short, there was inadequate consultation with Nigerians in drafting the
constitution. This in particular was the major criticism of the nationalists against the
constitution.
7. The failure to establish a House of Chiefs in the Western Region was inexplicable given
the large number of traditional institutions in the area. The development only showed the
contempt which the British colonial officials had for the South.
8. The constitution which was supposed to last for nine years was discarded in just four years.
This clearly summed up the failure of the constitution to satisfy the yearnings and
aspirations of Nigerians.
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3. Sir Arthur Richards became the Governor in ________ and its constitution was
promulgated in __________
a) 1944, 1946
b) 1943, 1947
c) 1943, 1946
d) 1944, 1947
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c) Creation of regional assemblies
d) Introduction of regionalism
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d) Legislative council
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Study Session 10: Pre-Independence Constitutional
Development in Nigeria
THE JOHN MACPHERSON CONSTITUTION OF 1951
Introduction
When Sir John Macpherson was appointed the Governor of Nigeria in April 1948, he realized that
there was loss of confidence in the government, and that the participation of the people in making
a new constitution was imperative. He therefore promised to involve the Nigerian people in the
making of another constitution for the country. To achieve this objective, he set up a select
committee of the legislatures to make recommendations as to the best way of reviewing the
Richard’s constitution. The committee comprising mainly the official members of the house
recommended that conferences should be held at village, district, provincial, regional and national
levels to ascertain the wishes of Nigerians on the way forward. The recommendations at a
particular level should be considered at the next higher level until the national level was reached.
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which was presented to the General Conference held in Ibadan on January 1950. Therefore, the
draft of the Macpherson constitution was debated at the local level, at the leaders of thought, and
finally at general conference held in Ibadan on January, 1950. Unfortunately, the leaders at this
conference saw themselves as representatives and spokesmen of their regions and hence the
compromise arrived at weakened the power of the centre. The conflicts among the representatives
were partly political and partly economic
a) Political Conflicts
1. Fear by the North of southern political domination
2. Conflict between the West and the North arose out of the unsuccessful demand by the West
for a revision of the Northern frontier so as to exclude the people of Offa, Igbomina and
Kabba who are Yoruba.
3. North with the support of the East successful demanded the excision of Lagos from the
West.
b) Economic Conflicts
1. Because of greater population, the North wanted allocation of revenue to be on a per-capital
basis
2. The educational gap between the North and the South
The proposals of the General conferences were debated and approved by the central legislature.
The Governor thereafter submitted the constitutional proposals to the secretary of State for the
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colonies for consideration. On 15th July, 1950 the Secretary of State approved the
recommendations and these constituted the main provisions of the Macpherson Constitution of
1951. It was without doubt a step forward from his predecessor attempt.
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5. Office of Governor: The office of Governor was created. The Governor was the head of
the central government while the Lieutenant Governor was in charge of the regional
government.
6. Public Service Commission: The constitution established a public service commission at
the centre and it had responsibilities to advise the Governor on the appointment, promotion
and discipline of staff in the public service.
7. Revenue Allocation: The constitution made provision for the setting up of a Revenue
Allocation Commission. Consequently, the Governor established the Hicks-Phillipson
Commission in 1951 to make recommendation on the allocation of revenue between the
different levels of government. The commission recommended the use of the principle of
derivation, need and national interest.
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10.4 Demerits of the Macpherson Constitution.
The Macpherson constitution had the following disadvantages:
1. The high hopes that ushered the Macpherson constitution were however shattered in under
three years of its operation. There were at least two factors for that, one was the defect
within the constitution itself and the second was the political climate of the country at that
particular time.
2. Although ministers were given responsibilities for the ministries, they were however not
given the executive control of the departments assigned to them. They were therefore no
more than spokesmen for their departments at both the legislative council and the executive
council.
3. Ministers serving at the centre were appointed through the regional assemblies, a defect
which made them more loyal to the regions than to the government they were serving.
4. Worst still, there were no nation-wide political parties with national interest but regionally
and tribally oriented ones. Because political parties were pursuing regional interest
ministers at the centre serving different regions were pursuing diverse interests as directed
by their political parties.
5. The provision that laws made by the House of Representatives could override any law
made by a regional House of Assembly encouraged centralization and unnecessary
interference by the central government in regional affairs.
6. Because the regions were made more attractive than the centre, the leaders of the main
political parties were content with staying at home in their regions where the exercise of
power and patronage was unfettered.
7. The constitution made no provision for the appointment of a Prime Minister to coordinate
government activities. As such, the council of ministers was headed by a non-political
Governor who could not hold together the various divergent tendencies into harmonious
policy-making body.
8. The widespread discussions preceding the promulgation of the Macpherson constitution
further polarized Nigerians along regional and ethnic lines. For example, while the Western
Region insisted at the General conference, that the Yoruba people in Ilorin Province of the
Northern Region (that is, Offa, Kabba and Igbomina) should be returned to the region and,
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that the Igbo in Benin and Warri provinces should be returned to the Eastern region, the
North held the view that the existing regional boundaries should be sacrosanct. The
constitution, however, upheld the position of the North but the debate about whether the
decision was the proper one would not abate event today.
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d) 1950
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b) 1951
c) 1948
d) 1946
a) 1950
b) 1951
c) 1952
d) 1953
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Study Session 11: Pre-Independence Constitutional
Development in Nigeria
SIR OLIVER LYTTLETON CONSTITUTION OF 1954
Introduction
The Oliver Lyttleton constitution replaced John Macpherson’s constitution in 1954. Although
Macpherson had already laid the basis of federalism for the country, the 1954 constitution further
consolidated it. Nigeria for instance, formally became a federation of five territories namely, the
North, West, East, Lagos and the Southern Cameroons. The Lyttleton’s Constitution was preceded
by two constitutional conferences aimed at reviewing the constitution – the London constitutional
conference of 1953 and the Lagos Constitutional conference of 1954.
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11.1.1 Eastern Regional Crises of 1953
The Easter Regional elections of 1951 produced Mr. Eyo-Ita as the Premier and he was the Deputy
National President of NCNC that formed the government while Dr. Nnamdi Azikiwe the National
President of the NCNC remained only a member of the Western House of Assembly where the
party was the opposition. Azikiwe had wanted to go to the House of Representatives through the
Western House of Assembly. The ambition, however did not materialize because of a clever
manoeuvre by the Action Group, which led to the sudden resignation of five NCNC members of
the Western House who defected to the Action Group.
There was no love lost between the Eyo-Ita government and the national executive of the NCNC
led by Dr. Azikiwe. By late 1952 when the party held their convention in Jos all the central
ministers of NCNC did not attend the party convention. The parliamentary committee of the
NCNC which met on 29th January, 1953 also requested nine Eastern Regional Ministers belonging
to the party to resign because they were suspected to have sympathy for the expelled central
ministers. The minister compiled and tender their letters of resignation. Before the letter of
resignation could get to the Lieutenant- Governor, six of the nine ministers had a change of heart,
and wrote to withdrawn their letters of resignation. In other words, the second letter withdrawing
the letters of resignation got to the Governor before the letters of resignation. So did the ministers
resign?
Before the legal issue could be resolved the Eastern Region House of Assembly passed a vote of
no confidence in the nine ministers and asked them to leave the cabinet. The ministers, however,
faulted the way the vote was taken and insisted that the vote which was by a show of hands should
rather be by a secret ballot as laid down in the party’s constitution, a demand which the NCNC
was not eager to accede to as it was not sure of the outcome of the voting. There was thus a
stalemate. The Regional Governor, through the Legal Secretary, also ruled that the six ministers
had not validly resigned since the second letters (letter of withdrawal) came before the first letters
(letters of resignation). The NCNC, however, insisted that they had resigned their portfolios. This
crisis continued until Eastern House of Assembly was dissolve on May 6, 1953. The NCNC won
the election that followed with large majority and Nnamdi Azikiwe became the Premier of the
region.
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11.1.2 Constitutional Crises at the Centre
The crisis was as a result of a motion for ‘self-government in 1956’ tabled in the House of
Representatives on 31st March, 1953 by Mr. Anthony Enahoro, a member of the Action Group
(AG). The motion was for Nigeria to be independent in 1956. The Sardauna of Sokoto, Sir Ahmadu
Bello, responded to the motion by moving a motion to replace “1956” with the words “as soon as
practicable”, sensing that the second motion was likely to succeed, the AG and NCNC members
decide to walk out of the house if the motion was carried.
Immediately after the resumption to the House for sitting, a member from the Northern Region
moved for adjournment of the legislative chamber and the motion was seconded by another
member. With defeat staring them in the face, the members of the AG and NCNC walked out in
protest. In spite of the walk-out, the remaining legislators passed a motion adjourning the house.
The youths of Lagos who had heard of the development booed and geered at the Northern members
of the House when they came out of the house. The northern members were so incensed at the
reaction of the Lagos people that it was thought unlikely that they would return to the house.
However, the council of Minister had decided that its members should not take part in the debate.
This decision put the AG ministers in a dilemma and they had to choose between the council and
their party. If they abided by the decision of the council of ministers, they would retain their jobs.
On the other hand, they would have to resign from the council, if they showed loyalty to their party
(the Action Group). The AG ministers choose the latter option because the party attached much
importance to the achievement of self-government in 1956. To do otherwise would have been a
great betrayal.
The implications of the minister’s resignation, that is, if they choose to resign was that the western
region would no longer be represented in the Council of Ministers. It should also be recollected
that the NCNC members had been expelled from the party (leaving only the one Minister from
Southern Cameroon) as a result of the Eastern Regional Crisis. During the vote in the council on
whether the ministers should take part in the debate in the House of representatives on the motion
for self-government the then expelled ministers abstained from voting and only the four (4) AG
ministers and the one from Southern Cameroon voted against the motion. The four (4) ministers
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from the Northern Region and the six (6) British officials supported the decision that ministers
should not participate in the debate.
Thus, the North and the South were sharply divided on the issue of self-government and the attempt
by the British colonial government to appoint new ministers for the Western Region was resisted
by the AG. But any meeting of the council of Ministers required the representation of all the
regions and without the Western Region ministers, it was unconstitutional for the council to meet
and the paralysis of the council of Ministers was complete. Therefore, the tense situation between
the north and the South on the issue of self-government deteriorated as a result of the campaign of
the AG to the Northern Region in May 1953. There was a riot in Kano during the party’s campaign
in the City. About 36 people were killed in the riot, more than 241 were wounded and several
properties were destroyed.
Furthermore, it was obvious to the British colonial government and Nigerian politicians that the
Macpherson constitution which provided for a highly centralized system of government, could not
meet the aspirations of Nigerians for self-government. The consensus of opinion was that there
was a need for constitutional changes to give more power to the regions than was the case under
the Macpherson Constitution. As a result of this concern with the political development in Nigeria,
the Secretary of State for the colonies, Mr. Oliver Lyttleton invited the Nigerian political leaders
to London in 1953 for a conference to prepare the way for a new constitution.
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As the discussion of these issues could not be concluded at the London Conference due to time
frame and elaborate agenda, a follow-up conference was held in Lagos in 1954. Despite the line
frame, it was agreed that:
a) A Federal system of government should be established.
b) Lagos to be separated from the Western Region and made a neutral federal territory
c) That Her Majesty’s government would grant self-government to those regions which
desired in 1956
11.1.4 Lagos Constitutional Conference of 1954
The Lagos conference was held in January 1954. The Secretary of State for the colonies also
presided over the meeting thus underlining the importance attached to the conference by the British
government. The main aim of the conference was to approve the recommendations made by the
London conference and to work out modalities for implementing the decisions. The following
thorny issues which could not be resolved at the London conference were also considered.
a) Fiscal policy;
b) Regionalism of the public service;
c) Regionalism of the judiciary;
d) The position of the Southern Cameroon
It is important to note that although the Lagos issue was not concluded at the conference, the
Action Group (AG) pressed in vain, that “a secession clause” should be built into the constitution
so that whenever any part of the country feels aggrieved and their grievances cannot be resolve
through the provision of the constitution they are free to leave the federation. However, the
decisions reached at both the Lagos and London Conferences Constituted the main provisions of
the Oliver Lyttleton Constitution of 1954.
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11.2 Features of Lyttleton constitution
The features of the Lyttleton constitution were as follows:
a) Introduction of Federal System of Government: The Lyttleton constitution made
Nigeria a federation comprising a central government and three regional governments. The
three regions were Northern, Western and Eastern regions. Legislative powers were shared
between federal and regional governments. The federal government was given
responsibilities to deal with subjects in the exclusive legislative list while residual powers
were reserved for the regional governments. Both the federal and regional governments
could legislate on subjects in the concurrent legislative list. Where there was a conflict
between the Federal and regional law on any subject in the concurrent list, the federal law
prevailed. This was an innovation in constitutional development in Nigeria.
b) Regional Autonomy: The regions were independent in the subjects allocated to them. This
was a marked improvement on the Macpherson Constitution, which provided that regional
laws be approved by the central government and subordinated the regional governments to
the central government.
c) Creation of Office of Governor-General: The office of Governor-general was created
for the whole federation while Governors headed the regional governments. The change in
nomenclature was meant to reflect the increased responsibilities at both federal and
regional levels.
d) Establishment of House of Representatives: The House of Representatives was retained
at the centre. It comprised 188 members made up of:
Speaker (as presiding officer)
92 member representing the North;
42 members representing the West;
42 members representing the East;
6 members representing Southern Cameroon;
2 members representing Lagos;
3 ex-officio members (namely, the Chief Secretary, Finance Secretary, and Attorney-
General) The members of the House of Representatives were directly elected. This was a
marked departure from the situation under the Macpherson constitution which provided for
indirect election of members of the House of Representatives.
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e) Council of Ministers: A council of ministers was set up to assist in the implementation of
government policies. Although the council was not new, it however, had some novel
features and characteristics. The council of Ministers comprised the following:
The Governor-General (president);
3 (three) Ministers from each of the three regions (Appointed by the Governor of the region
concerned)
1 (one) minister from southern Cameroon;
3 (three) official members;
The ministers were given control of their departments or ministers
f) Regional Legislature: Despite the facts that there was existence of two legislative houses
(House of Assembly and House of Chiefs) in the previous constitution in both the Northern
Region and Western Region respectively. The eastern region still retained its unicameral
legislature while both Northern and Western Regions practiced bicameral legislature. The
Governor presided over the Northern Regions House of Chiefs and his nominee was the
President of the House of Assembly. The speaker directed the affairs of the Western
Regions House of Assembly. He was elected by the members from among themselves.
Members of the House of Chiefs also elected their own presiding officer. In the Eastern
Region, the speaker of the House of Assembly was appointed by the Governor after due
consultation with party leaders in the house. However, the legislatures had the
responsibility of making laws for the peace, order and good governance of the regions.
g) Regional Executive Council: The councils were established in the three regions. A
regional executive council was the equivalent of the council of Ministers at the centre. The
Governor of a region appointed the Ministers. He also appointed the Premier who was the
leader of the party with the largest majority in the House of Assembly. The Premier
assigned portfolios to the ministers after due consultation with the Governor.
h) The Police: The constitution provided for the establishment of a Federal Police. This was
in addition to the Native Authority or local police. The Regional commissioner of Police
recruited the policemen under his commend from the region. In the discharge of his
operational and administrative duties, the Regional Commissioner of Police remoted to the
Regional Governor who in turn reported to the Governor-General. This reporting
relationship between the Regional Commissioner of Police, and the Regional Governor, is
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in marked contrast to the present arrangement in which the state commissioner of Police
reports to the Inspector-General of Police even though the state Governor is the Chief
Security Officer of a state. Although the political environment may have changed
especially with increasing separatist tendencies in parts of the country, the effectiveness of
a police force can only be measured by the extent to which local security is achieved.
i) Status of Lagos: The constitution provided for a Federal Capital Territory of Lagos, which
had a neutral Status. Lagos had always been part of the Western Region and the problem
of the status of Lagos was one of the thorniest issues at the London and Lagos constitutional
conferences. While the Western Region insisted that Lagos should continue to be part of
the region, the other regions contended that it should be separated from the Western Region
and administered as an independent entity free from dominant of a particular region.
j) Self-Government: The constitution made provision for any region that desired self-
government to have it in so far it was in matters within the competence of the regional
government to exercise.
k) Regionalization of the Public Service: The constitution also provided for the regions to
establish its own public service commission if they are so desired. The body was assigned
with the responsibility of advising the Governor on matters relating to the appointment
discipline and promotion of civil servants in the region.
l) Regionalization of the Judiciary: The Lyttleton constitution made the provision for the
establishment of Regional High Courts.
m) Status of Southern Cameroon: The constitution provided for the declaration of Southern
Cameroon as a Federal territory and controlled directly by the Federal Government.
Although it had its own House of Assembly, it was not treated as a full-fledged region.
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3. With the introduction of the elective principle at all levels of government, the constitution
gave immense opportunities to the educated elite to participate in decision-making.
4. It introduced a federal system of government in the country. Federalism is one of the most
suitable systems of government for multi ethnic society like Nigeria.
5. The constitution made provision for the appointment of Premiers for the regions to
coordinate government activities. It was under this arrangement that Dr. Nnamdi Azikiwe,
Chief Obafemi Awolowo and Sir Ahmadu Bello were elected premiers of the Eastern,
Western and Northern Region respectively in 1954.
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Summary of Study Session 11
In this study session, you have learnt the background to the Oliver Lyttleton constitution and the
political crises that engulfed the country in 1953 which created ethnics and regional ministries that
eventually led to the breakdown of the Macphersons Constitution and the subsequent promulgation
of the Lyttleton constitution in 1954. The Eastern regional crises of 1953 and the Constitutional
crises at the centre which metamorphosed to the Kano Riot of 1953 which claimed many lives.
The commencement of the London Constitutional conference of 1953 which resulted to the Lagos
Constitution conference of 1954 provided the solutions to the political and the economic crises
among the various regions. The study session also examines the features of the Oliver Lyttleton
constitution of 1954. However, the advantages and disadvantages of the Lyttleton constitution was
equally highlighted.
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SAQ 11.2 (Tests Learning Outcome 11.1)
2. A motion for self-government for the country was marked by Anthony Enahoro in the
House of Representatives on _____________
a) 31st March, 1953
b) 30th March, 1953
c) 28th March, 1953
d) 29th March, 1953
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SAQ 11.6 (Tests Learning Outcome 11.2)
6. The ministers were appointed with the full ministerial responsibility during the
_____________
a) Macpherson’s constitution
b) Clifford’s constitution
c) Lyttleton’s constitution
d) Richard’s constitution
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SAQ 11.10 (Tests Learning Outcome 11.4)
10. All are the disadvantage of Lyttleton constitution except ______________________
a) The regionalization of the public service weakened the civil service
b) The constitution did not make provision for the office of the prime minister.
c) The constitution strengthened the regional government at the expense of the government
at the centre.
d) The constitution introduced elective principle at all heels of government.
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Study Session 12: Independence and Post-Independence Constitutions in Nigeria
Introduction
It is quite obvious that the political environment is dynamic and several aspects of a country’s
constitution have to be changed from time to time to meet the changing circumstances. Nigeria is
not an exception. The fact, however is that every change of government is usually associated with
a wholesale change in the constitution. As such several constitutions have been promulgated in
Nigeria. However, the necessity for constitutional amendment and the concern for Nigeria’s
independence prompted the constitutional conferences of London in 1957 and another in Lagos,
in 1958.
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1. Problems of Ministries: One major thorn in the flesh of Nigerian politicians at that time
was the question of minority domination. That led to the agitation for the creation of states
in both the North and the South. After prolong argument, a commission under Sir Henry
Willink was appointed to look into the fears of the minority groups in the country. Although
the commission found the minority fear to be real, it however, refused to recommend the
creation of additional states between then and the time of independence because such a
process of creation of new state may delay the match towards independence.
2. Regional Self-Government: The conference acceded to the demands of the regions to be
self-governing. Consequently, the western and eastern regions achieved self-government in
August 1957 and the Northern Region in March 1959.
3. Creation of Office of Prime Minister: The conference agreed that the post of Prime
Ministers should be created. The governor-General was given the power to appoint as prime
Minister the leader of the party with the largest majority in the House of Representative. The
leader of the Northern People’s Congress (NPC) in the House, Alhaji Tafawa Balewa was
appointed as Prime Minister in 1959.
4. Structure of the Legislature at the Centre: The conference equally agreed that there
should be a bicameral legislature at the centre, that is there should be senate and a House of
Representatives for the country. The senate should have twelve (12) members from each
region respectively and four (4) from Lagos. In addition, there should be four (4) special
members to be appointed by the Governor-General. The President of the senate did not have
to be a senator, but his deputy must be a senator. The four (4) Lagos senators should be
appointed by the Governor-General while the Regional Governors were mandated to appoint
the senators representing their respective regions after due consultation with the Regional
legislative houses. A senator must be 40 years old with five (5) years term in office. While
the conference also agreed that the House of Representatives should have 320 members.
5. Revenue Allocation: The conference recommended that the government should establish a
fiscal commission comprising two or three members with experience in federal government
finance, to review the finances of the whole federation, and recommended criteria for the
allocation of revenue between central and regional governments. This led to the
establishment of Revenue Allocation Commission.
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6. Status of Southern and Northern Cameroon: The southern Cameroon was administered
by the British Government as part of Nigeria under the United Nations Trusteeship
agreement. The same applied to Northern Cameroon. The Secretary of State for the colonies
informed the conference that the people of the two territories would have to decide before
the independence of Nigeria whether they would prefer to be administered as part of
independent Nigeria or would join the Republic of Cameroon or continue under the British
Trusteeship. While the representatives of Northern Cameroon insisted that they would
continue to be part of Northern Nigeria but Southern Cameroon opted for a plebiscite to
decide the future of the territory.
7. Independence for Nigeria: The Nigerian political parties had come to the conference with
the main aim of demanding for independence for Nigeria’s in 1960. Although they were
persuaded by the argument of the Secretary of State for the colonies that the matter be
referred to the Nigerian Parliament which would be elected in January 1960 to propose a date
for the country’s independence.
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3. Self-government for the Northern Region: The political leaders of Northern Region
submitted a proposal for self-government for the region on March 15, 1959. The proposal
was approved by the conference and the region was granted self-government.
4. Constitutional Amendment: The conference agreed that parts of the federal and regional
constitutions that were of interest to the federal or regional governments alone could be
amended in the ordinary course of business of the relevant legislative houses. But those
constitutional which were of general concern to both federal and regional government
would require a special procedure for their amendment.
5. The Police: The conference also agreed that the administration of the Police should be
entrusted to the Police Council, while the operational aspects of the service should be the
responsibility of the Inspector-General of Police. It also resolved that the Federal and
Regional Police should be retained.
6. Date of Independence: The Secretary of State for the colonies revisited the issue of
Nigeria’s independence and informed the conference that the British Government had
agreed to grant independence to Nigeria on 1st October 1960.
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independence constitution of 1960. There was division of power between the federal and
regional government. The Federal Government was vested with the power to legislate on
exclusive list such as defence, external affairs currency, custom etc. while both Federal and
Regional government legislate on concurrent list such as education, transportation, health
etc. lastly, regional government was also vested with the power to legislate on the residual
list. For instance, it contained subjects which did not appear on the exclusive and
concurrent lists.
c) Establishment of Bicameral Legislature: The Independence constitution made the
provision for the establishment of the Senate and House of Representatives at the centre.
The Senate comprises of 45 members. The composition was as follows:
The President of Senate;
12 members representing Northern Region;
12 members representing Western Region;
12 members representing Eastern Region;
4 members representing Lagos;
4 members representing special interests;
The president of the senate could be elected from within or outside the House. A person
was qualified for election to the senate if he was at least 40 years old. The Governor-
General could, however select a person as senator if he was 21 years old and was not a
Nigeria citizen. The House of Representative comprised of 312 members elected from
single- member constituencies. Members must be at least 21 years old.
d) Introduction of Parliamentary System of Government: The constitution provided for a
parliamentary system of government. The Governor-General, who represented the Queen,
was the ceremonial Head of State while the Prime Minister was the Head of Government.
The Governor-General appointed the Prime Minister who was usually the leader of the
party with the largest majority in the parliament. Also, each region had a Governor and a
Premier. The Governor appointed as Premier the leader of the political party with majority
in the Regional House of Assembly.
e) Council of Minister: The constitution made provision for a council of ministers which
was headed by the Prime Minister. The Governor-General appointed the ministers on the
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advice of the Prime Minister. Similarly, the regional Governor appointed the cabinet on
the recommendation of the Premier.
f) Supreme Court: The constitution provided for the establishment of the Supreme Court
which was the highest court in Nigeria. Final appeal could be made to the Privy Council in
the United Kingdom. Judges of the court were appointed by the Governor-General on the
advice of the Judicial Service Commission. The judges could be dismissed on the
recommendations of a Tribunal of Judges. But the recommendations had to be approved
by the judicial committee of the Privy Council.
g) Electoral Commission: The constitution made provision for the establishment of an
electoral commission which had responsibility to conduct all elections in the whole
federation. The Electoral Commission of Nigeria’s comprised the Electoral Commissioners
(head of the commission) and one member from each region. The members of the
commission were appointed by the Governor-General on the advice of the Prime Minister.
Their tenure was five years.
h) Emergency Provisions: The constitution conferred emergency powers on the Federal
Government. In other words, the Federal Government could declare a state of emergency
in any part of Nigeria if any or both houses, of the National Assembly, by a two-thirds
majority, declared “that democratic institutions in Nigeria are threatened by subversion.
i) Constitutional Amendment: Independence constitution contained a procedure for
constitutional amendment. The amendment procedure was rigid.
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4. The introduction of the federal system of government ensured respect for the local feelings
of the people and the promotion of national interest.
5. The election to the various public offices at all levels was conducted by an independent
electoral commission.
6. Nigeria became politically independent through the application of the constitution, and
Nigerians effectively took control of the executive and the legislative arms of government.
7. As an independent nation, Nigeria joined such international organisations as the
Commonwealth and the United Nations Organisations (UNO).
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6. The Queen of England remained the constitutional ceremonial head of state of Nigeria.
7. Nigeria’s highest court of appeal was the Judicial Committee of the Privy Council, above
Nigeria’s Supreme Court.
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a) Provisions of fundamental human rights in the constitution
b) Revenue Allocation
c) Regional Self-government
d) Creation of office of Prime Minister
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SAQ 12.5 (Tests Learning Outcome 12.2)
5. _______________ constitution provided for the establishment of the supreme court which
was the highest court in Nigeria
a) Independence constitution
b) Republican constitution
c) Lyttleton constitution
d) London constitution conference
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a) Ibadan and Lagos
b) Lagos and Ibadan
c) Lagos and London
d) London and Lagos
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Study Session 13: Post-Independence Constitutional
Development in Nigeria
THE REPUBLICAN CONSTITUTION OF 1963
Introduction
On 19th September 1963, the Republican constitution was passed into law by the federal parliament
and became operational on 1st October 1963. It is important to state that it was the first constitution
that was home-grown. The constitution and other subsequent post-independence constitutions are
distinguishable from the previous one by the fact that they are drafted by Nigerians for Nigerians.
This is as a result of imperfections of the 1960 Independence Constitution and the desires by
Nigerians to take full control of the running of their own affairs, in particular, that led to the
preparations and eventual promulgations of the 1963 Constitution. The preamble went thus:
“We the people of Nigeria; by our representatives here
in Parliament assembled, do hereby declare, enact and
give to ourselves the following Constitution”.
The Republican Constitution retained most of the features of the Independence Constitution but
change some.
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8. The proposal to give the Federal Parliament power to enact a Preventive Detention
Act restraining personal liberty in certain circumstances should be withdrawn.
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5. The Executive: It comprised of the President, Prime Minister and the Council of Ministers.
The President was the titular head of the legislature. The Prime Minister was the real head
of the executive. He was appointed by the President and there was no limit to the tenure of
the Prime Minister and he could be in office for as long as he enjoyed the support of the
majority in the House of Representatives. The President appointed the ministers on the
advice of the Prime Minister. Similarly, the ministers could be removed by the President
on the advice of the Prime Minister. The operation of the council of Ministers was guided
by the principle of collective responsibility.
6. The Judiciary: The Supreme Court became the highest court of law in the land. It replaced
the Privy Council as the highest court of appeal in Nigeria. The President appointed the
judges of the Supreme Court and the High Courts on the advice of the Prime Ministers.
This new arrangement did away with the past practice whereby judges were appointed on
the recommendation of the Judicial Advisory Committee.
7. Regional Constitutions: The constitution made regional constitutions part of the
constitution of the country. The regional constitutions were similar to the federal
constitution in that equivalent federal political institutions and offices were also established
for the regions.
8. Amendment of the Constitution: The 1963 constitution was not only federal and
republican; it was also written and rigid. This procedure for amending the constitution may
be summarized as follows:
a. All proposals for amendment of the constitution required the support of a two-thirds
majority in both houses of parliament.
b. Any provision affecting the rights and powers of a region, or fundamental human
rights, should in addition be approved by at least three regional legislatures.
c. To create a new region, the request should, in addition, to the above requirements
be approved by three-fifths of the registered electorate in a referendum carried out
in the affected area.
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1. The constitution was the first truly indigenous Nigerian constitution. It was prepared and
promulgated by a democratically elected Nigerian government.
2. The constitution made the Supreme Court the highest court of appeal in Nigeria rather
than Privy Council in London.
3. The parliamentary system of government was a useful political instrument to avert
executive dictatorship.
4. The provision of equal representation of the four regions in the Senate and the power of
the house of block a constitutional amendment helped to alley the fear of Northern
domination.
5. The rigidity of the constitution ensured that laws were passed in accordance with due
process and without disregard to public opinion.
6. The constitution provided the mechanisms, that is, regional constitution for the regions to
run their own affairs of minimum interference from the central government.
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Summary of Study Session 13
In this study session you have learnt the historical trajectory of the Republican Constitution of
1963 and series of events that led to the Republican Constitution. Moreover, Nigeria at
independence inherited a weak socio-political structure, a defective and unbalanced federation this
led to clamouring for the amendment of the constitution in order to satisfied the wishes and
aspirations of Nigerians. This particular grievance led to the commencement of the Republican
Constitution of 1963 where lacunas in the independence constitution were resolved and Nigeria
became a republic. However, the features, advantages and disadvantages of the republican
constitution was also enumerated.
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b) 20th September, 1963
c) 1st December, 1963
d) 1st October, 1963
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SAQ 13.6 (Tests Learning Outcome 13.2)
6. The Senate and the House of Representatives comprised of __________ and
_____________ respectively
a) Senate-57 and House of Reps -312
b) Senate-58 and House of Reps -311
c) Senate-56 and House of Reps -313
d) Senate-55 and House of Reps -311
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b) The constitution made the Supreme Court the highest court of appeal in Nigeria.
c) The parliamentary system of government was a useful political instrument to avert
executive dictatorship.
d) The retention of the emergency powers in the constitution meant that the federal
government could always deal with regional government that failed to toe the line.
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Oyediran, Oyeleye (2007), Introduction to Political Science, Ibadan: Oyediran Consults
International
Eme O. Awa (1964), Federal Government in Nigeria, Berkeley: University of California Press.
Blitz, L.F (1965), The Politics and Administration of Nigerian Governments, London: Sweet and
Maxwell.
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Study Session 14: Post-Independence Constitutional
Development in Nigeria
1979 AND 1989 CONSTITUTIONS
Introduction
Due to long military ruled and subsequent termination of democratic government of the First
Republic in Nigeria, the Republican Constitution of 1963 was suspended by the military that
assumed office on January 15th, 1966 as a result of political turmoil that engulfed the country.
Therefore, the country’s witnessed series of coup and countered-coup which debarred the progress
of the country and made democratic governance to elude Nigeria. This study session will look at
the background to the 1979 constitution, features of the constitution. However, merits and demerits
of the constitution will be enumerated.
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had been made by previous military governments to implement a transition programme. The
following political factors affected the nature and scope of the 1979 constitution in Nigeria
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incessant demands for new states. Moreover, immediately after the war due to renewed demand
for the transfer of power to civilians. Gowon announced a nine point six-year transition programme
that was expected to terminate in 1976. The items to be covered during the transition programme
were re-organisation of the armed forces, national reconstruction, implementation of the second
National Development Plan, creation of more states, revision of the revenue allocation system,
eliminate of corruption, conduct of a national census, drafting of a new constitution, organization
of a national political parties and conduct of elections to elect political leaders at the state and
federal levels. With all these promised, Gowon announced on 1st October, 1974 that the handover
of power to civilians in 1976 was no longer realistic. He also announced an indefinite
postponement of the return to civil rule. The Gowon military regime was overthrown on 29th July,
1975 in a palace coup.
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replaced by the Chief of Staff Supreme Headquarters, General Olusegun Obasanjo. The
assassination of the Head of State did not diminish the commitment of the military
government to the transition programme.
c) Local Government Reforms: The government introduced a uniform local government
system in the country and it served as electoral colleges for the selection of members of the
constituent assembly.
d) The Constituent Assembly: It was set up to consider the draft constitution prepared by
the CDC. The body was inaugurated on 31st August, 1977. It had 230 members who were
partly elected and partly nominated. 40 members were appointed by the government to
represent special interests while the rest were elected indirectly by electoral colleges based
on local government councils. The elections were conducted on 31st August, 1977 to seats
distributed among the 19 states of the federation. Mr. Justice Udo Udoma was the
Chairman of the constituent Assembly. The composition of the Assembly had much
bearing on the kind of issues that were discussed at the conference “However, the
proceedings of the constituent Assembly were almost stalled by controversial issues such
as creation of states, establishment of federal Sharia Court of Appeal, operation of foreign
accounts by public officers and the banning of corrupt politicians and public servants from
holding public office. Members were divided along regional, ethnic and sectatian lines.
Issues such as employment creation, provision of welfare programmes and development of
social infrastructure were of little importance to the body which was dissolved by the
government on 20th September, 1978” (Oyediran, 1984).
e) Promulgation of the Constitution and hand-over of Power: The highest decision-
making organ of the military, that is, the Supreme Military Council (SMC) made about
seventeen different amendments to the draft constitution submitted by the Constituent
Assembly. The Supreme Military Council later promulgated the constitution, which came
into effect on 1st October, 1979.
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objective, the constitution contained some unique and explicit provisions which, on their
own, constituted an important mandate for further democratic goals. The constitution
further provided that the composition of the Federal government and its various agencies
must reflect the “federal character of Nigeria and the need to promote national unity”.
2. Introduction of Presidential System of Government: The constitution adoption of the
presidential system therefore represented a rejection of the parliamentary system which
was considered unsuitable to the Nigeria condition and which served as a symbol of the
colonial past. The President was the Head of State, Head of Government and commander-
in-Chief of the Armed Forces to be elected.
3. National Assembly: The constitution made provision for National Assembly, which was
bicameral as in 1963 Republican constitution. The Senate under the 1979 constitution
comprised of 96 members including five elected members from each state of the federation
and one from the Federal Capital Territory, Abuja. The senate elected one of its members
as President of the Senate. However, the House of Representatives had 45 members elected
from single member constituencies. That is, each member of the House represented about
200,000 Nigerians. The speaker presided over the house. Members were elected for a term
of four years but there was no limit to the number of terms legislations could serve.
4. The Judiciary: The judiciary was assigned responsibilities to provide impartial
adjudication. It was the only branch of government not elected. The Supreme Court was
the highest court of the land which comprised of the Chief Justice and 15 other Justices.
The Head of the judiciary was the Chief Justice appointed by the President but the
appointment must be confirmed by the Senate. In the same vein, the president appointed
the other justices of the apex court based on advice provided by the National Judicial
Commission, but no senate confirmation was required further appointment. The federal
court of Appeal was also created by the constitution. It was on intermediate appellate court,
which determined cases from the lower court. It had a President and 15 other Justices.
Although, they were appointed by the President on the recommendation of the Judicial
Service Commission. The Federal High Court, which was also an innovation of the
constitution. There were also state High Courts. Moreover, any state which desired it, could
establish a Sharia Court of Appeal or a Customary Court of Appeal.
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5. Retention of Federal System of Government: The constitution retained the Federal
System of government but the federal structure now comprised a central government, 19
state governments and 300 local governments.
6. Registration of Political Parties: There were also provisions for the registration of
political parties. These provisions were meant to ensure that political parties were national
in outlook and played fair according to the rules. The constitution stipulated that political
parties must have their headquarters at the federal capital and organize regular elections to
select their officials. The constitution also required political parties to submit their
accounts to the Federal Electoral Commission (FEDECO), and must not receive foreign
financial assistance.
7. Fundamental Objectives and Directive Principles of State Policy: This was a novel
provision in the constitution. The principles were broad social and economic goals to which
the government was required to direct its energy. But unlike fundamental rights which are
automatic rights and enforceable at law. For example, right to free medical care or free
education, have been declared to be long-term objectives which cannot be enforced in a
court of law. Similarly, you cannot go to court to compel government to give you free
education.
8. Establishment of a System of Local Government: The constitution provided for a system
of local government by democratically elected local government councils. By so doing, the
constitution made the local government the third tier of government. The constitution also
specified the functions to be performed by the local government council. It also provided
financial guarantees for the local governments through statutory allocation of public
revenue by the National Assembly and the State Houses of Assembly.
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3. The introduction of the fundamental objectives and Direct Principles of State Policy
showed the concern of government for the welfare of Nigerians.
4. By establishing a code of conduct for public officers and the public compliant commission,
the constitution attempted to ensure probity and accountability in public service.
5. The provision of several checks and balances in the constitution such as legislative
approval of top government appointments and appropriations ensured that the President
did not become a civilian dictator.
6. The declaration of military coup as unconstitutional, at least, showed the commitment of
Nigerians to deal with the problems of political instability and enthrone a system of
democratic government.
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elected officials at different levels actually assumed office, the presidential election was
inconclusive and eventually cancelled by the General Ibrahim Babagida regime. In the events that
followed, General Babagida was forced to “step aside “and he was replaced by an Interim National
Government headed by Chief Earnest Shonekan. The causes of this constitutional and political
stalemate could be traced to the process of preparing and drafting the 1989 constitution.
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Commander-in-chief of the Armed Forces of the Federation. It provided for the direct
election of the President and Vice President for a term of four years. They could only seek
re-election once. The constitution stipulated that the election of a President must be held
not earlier than 90 days nor later than 60 days before the expiration of his term.
2. The National Assembly: The National Assembly comprised the senate and the House of
Representatives. The Senate had 64 members, the smallest in the post military era. Each
of the 21 states elected three senators while the Federal Capital Territory, Abuja had one
elected senator. The House of representatives consisted of 453 members elected from
single member constituencies. The constitution made provision for the payment of a
sitting allowance to members of the National Assembly. The payment covered only the
number of days he was present in the house. The provision for part-time law making was
a novel provision which was remarkable for its cost saving benefits.
3. The Judiciary: As in previous constitutions, the judiciary was vested with the judicial
powers of the federation. The structure, powers, functions and funding of the judiciary
under the 1989 constitution.
4. Structure of State Government: Under this constitution the state executive was headed
by the Governor. The Deputy Governor was elected on the same ticket with the Governor.
The State Commissioners assisted the Governor in the discharge of his executive
functions. The State House of Assembly made laws for the state. The speaker presided
over the House of Assembly. Both the speaker and the Deputy Speaker were elected by
members of the House. Like members of the National Assembly, the members of a State
House of Assembly served on part-time basis and were elected for a four-year term which
could be renewed.
5. Local Government: Unlike previous constitutions, the 1979 constitution equally made
the local government as a third-tier system of government with the establishment of 449
local governments for the country. Each local government had a minimum of ten wards
and a minimum of 20 wards. The council was headed by the Chairman and was assisted
by the Vice Chairman and both of them were jointly elected by the electorate in the council
area. Similarly, a councillor represented a ward. The constitution made provision for the
appointment of supervisory councillors. A supervisory councillor served as Head of
Department in the council.
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6. Political Parties: The constitution recognized only two political parties, namely, the
National Republican Convention (NRC), they were established and sponsored by the
Federal Military Government.
7. Retention of Federal System of Government: The 1989 constitution retained Nigeria as
a federal Republic comprising 21 states and the Federal Capital Territory, Abuja.
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5. Although the constitution was said to be federal, it gave more powers to the central
government than the state governments.
139
b) Ironsi’s study Group on constitutional review
c) Gowon’s constitutional Reforms
d) Transition programme of Murtala/Obasanjo Government
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b) Retention of federal system of government
c) Fundamental objectives and directive principles of the state policy
d) Introduction of republican constitution
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b) The constitution did not provide an institution machinery for the enforcement of the federal
character principle.
c) The system also put legislators on their toes by providing a system of recall
d) The constitution failed to usher in the Third Republic due to the annulment
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Study Session 15: Post-Independence Constitutional
Development in Nigeria
THE 1999 CONSTITUTION
Introduction
The Second Republic of Alhaji Usman Sheu Shagari administration was cut-short due to the
military intervention by the General Muhammadu Buhari regime though there were series of
counter-coup. It was General Abdulsalam Abubakar Regime that prepared Nigeria for democratic
dispensation in 1999 that ushered in Chief Olusegun Obasanjo as the new leader for the country.
Therefore, the 1999 constitution which ushered in the fourth Republic of Nigeria came into force
on 20th May, 1999. It is perhaps the most criticized constitution in the political history of the
country. As a result, several attempts have been made to reframe the constitution to bring it in line
with the yearnings and aspirations of Nigerians. The National Assembly made several futile
attempts to review the constitution. The Federal Government under President Olusegun Obasanjo
established National Political Reform Conference (NPRC) in February 2005 to review the 1999
constitution and make recommendations that would make it more effective. The National
Assembly Joint Committee on the Review of the constitution led by Alhaji Ibrahim Mentu (Deputy
Senate President) in 2006 solicited the views of Nigerian on the constitution in the six geo-political
zones and eventually presented its report to the National Assembly for deliberation. In April 2006,
the Federal Government presented to National Assembly a bill for the amendment of the 1999
constitution. The bill was rejected by the National Assembly in May 2006 largely because of the
controversy and tension generated by the proposal to increase the tenure of public officers.
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15.1 The 1999 Constitution
The 1999 constitution was largely borrowed from the 1979 and 1989 constitutions. Thus, the 1999
constitution retained many aspects of these constitution which are themselves not free from
criticism. The 1999 constitution retained among the other things, the principles of republicanism.
But there were certain important developments in the polity which led to the promulgation of the
1999 constitution. Some of these events were as follows:
Since people considered military governance as an aberration, the constitutional conference was
widely boycotted in several parts of Nigeria, especially in South Western Nigeria where the people
felt cheated over the annulment of the 1995 presidential elections which were said to have been
won by their kinsmen, Chief. M.K.O Abiola. In spite of this, the outcome of the conference had
some effects on the 1999 constitution. The recommendations of the conference especially on the
party formation, revenue allocation, creation of states and creation of geo-political zones were
predictably not implemented by the Abacha regime which quickly arrested some members of the
conference including Major General Musa Sheu Yar’Adua and some other political opponents of
his regime and charged them for coup plotting because of their demand for handing over of power
to the civilian in the interest of democracy.
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15.1.2 Death of General Sanni Abacha
The sudden demise of General Sanni Abacha on 8th June, 1998 had the greatest effect on the shape
and form of the 1999 constitution. Before his demise, Abacha had attempted to transmute himself
into a civilian President. In order to achieve this seemingly unpopular political objectives, the
military government muzzled the opposition, banned several newspapers and magazines, curtailed
the rights of citizens and harassed, detained and even killed political opponent such as Alfread
Rewani, Ken Saro Wiwa, Omotsola and eight Ogoni human right activists after ignoring pleas
from the international community. Five political parties (described by Chief Bola Ige as “five
fingers of leprous hand” organized, sponsored and registered by government agents acquiesced to
the nomination of General Sanni Abacha as the sole candidate for the presidential elections slated
for the end of 1998. The unanimous decisions of the five political parties to pick Abacha as their
presidential candidate appeared strange, but it was a reflection of the level of political decay in the
Nigerian state at the time and perhaps the political class really had no choice given the high level
of the state sponsored violence and the determination of General Abacha to become a civilian
president. In any case the sudden death of Abacha, the arrow head of the transition programme,
threw all the political calculations into disarray and created a new political atmosphere.
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15.2 Features of the 1999 constitution
1) Federalism: Nigerian remains a federation with three different level of government,
namely, federal state and local governments. It provided for the federal capital territory,
Abuja and 36 states of the federation. There is also provision for 774 local government
councils as a third their government.
2) Presidential System of Government: The 1999 constitution provides for the presidential
system of government. The president is the Head of State, Head of Government and
commander-in-chief of the Armed forces of the federation. The executing powers of the
federation are vested in the president. The constitution requires the president to reflect the
federal character in the appointment of his ministers. Constitutional provisions for the
election of the president and vice President are similar to those of the two immediate past
constitutions. Thus, a candidate for election as President must be a Nigerian, have attained
the age of 40 years, possess a minimum of secondary school certificate and be sponsored
by a political party. Apart from these requirements, there are also a few other innovations
in the presidential system adopted by the constitution including the following
i. Special Advisers: The President have the power to appoint special advisers but the 1999
constitution does not put limitation on the number of special advisers a president may
appoint for his administration.
ii. Declaration of Assets: With the constitution the President, Vice President, Ministers and
other top political office holders are under obligation to declare their assets and liabilities
before taking office. The constitution, however silent on whether public officials should
re-declare assets at the expiration of their term of office and whether the declaration should
be done publicly.
iii. Removal of President from Office: The President or the Vice President may be removed
from office for gross misconduct or on account of ill-health. The President or the Vice
President may be removed or impeached for gross misconduct. The process of
impeachment is legal and largely political which involves several steps. Similarly, the
National Assembly may also remove the President or Vice President on account of his
inability to discharge the functions of his office, ill-health, incapacity or abandonment of
office especially when he defects to another party. Both the Governor and Deputy
Governor can be so removed by the state House of Assembly.
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3) Composition and Powers of the National Assembly: It comprises two houses namely,
the Senate and the House of Representatives. The constitution provides for a 109 members
senate. Each state has three senators while the Federal Capital Territory has only one. Both
the President of the Senate and the Deputy Senate President are elected by the members of
the Senate from among themselves. The House of Representatives has 360 members while
the speaker presided over the meeting of the House. However, the President of the senate
presides at a joint sitting of both Houses and the speaker presides in his absence. The
quorum for a joint meeting of both houses is one third of the members. The National
Assembly may veto a presidential refusal to assent to a law if it is able to muster the support
of two thirds of its members. Also, the constitution provides that every member of the
National Assembly is paid a salary and other allowances as may be determined by the
Revenue Mobilization Allocation and fiscal commission.
4) The Judiciary: The judicial power of the federation is vested in the court. The constitution
provides for the following court:
i. The Supreme Court: This is the highest court in the land. The Chief Justice is the
head of the judiciary. It comprises the Chief Justice and 21 other justices.
ii. Federal Court of Appeal: is an intermediate appellate court comprising the
president of the court and 49 justices. The constitution stipulates that not less than
three of the Justice should be learned in the Islamic personal law and not less than
three should be learned in customary law.
iii. Federal High Court: The court is headed by the Chief Judge and it has a few other
judges. The Federal High Court deals with cases involving the Federal Government
and its agencies. There are other courts of equal jurisdiction with the Federal High
Court are the High Court of the Federal Capital Territory, Abuja, the Sharia Court
of Appeal of the Federal Capital Territory, Abuja and the customary court of
Appeal of the Federal Capital Territory, Abuja.
iv. State High Courts: The State High Court, the Sharia Court of Appeal and the
customary Court of Appeal are all state courts of equal jurisdiction. A state may
decide to have either the Sharia Court of Appeal or Customary Court of Appeal.
v. Election Tribunals: The constitution provides two sets of election tribunals be
established. The National Assembly Election Tribunal deals with cases concerning
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elections to the National Assembly. The Governorship and legislature Houses
Election Tribunals are established in each state to determine whether a person had
been validly elected to the office of Governor or as a member of a state legislature.
Appeals may be made to the Appeal Court which is the final arbiter in such cases.
On the other hand, the Federal Court of Appeal handles petitions in respect of the
offices of President and Vice President. Petitioners who are not satisfied with the
court’s ruling may appeal to the Supreme Court.
5) Federal Capital Territory: The constitution declares Abuja, the Federal Capital
Territory, as the capital of Nigeria and the seat of the Federal Government. Although,
Abuja is not a state, the constitution stipulates that it should be treated as one of the states
of federation. (The National Assembly makes law for the territory and executive powers
are vested in the President of the federation but, he may appoint a minister to exercise these
powers on his behalf. The territory has one senator, four members of the House of
Representatives.
6) Establishment of Federal and State Executive Bodies: The constitution provides for the
establishment of a number of federal and state executive bodies. The constitution stipulates
that the following bodies be established at the federal level:
a) Code of Conduct Bureau;
b) Council of State;
c) Federal Character commission;
d) Federal Civil Service Commission;
e) Federal Judicial Service Commission;
f) Independent National Electoral Commission;
g) National Defence Council;
h) National Economic Council;
i) National Judicial Council;
j) National Population Commission;
k) National Security Council;
l) Nigeria Police Council;
m) Revenue Mobilization Allocation and Fiscal Commission
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The President appoints the chairman and members of these Federal executive bodies subject to
confirmation by the Senate.
7) Local Government System: The constitution stipulates that members of the local
government councils, including the chairmen and councillors should be democratically
elected. The state government oversees the affairs of the councils.
8) Creation of States: The procedures for the creation of states are very strict. The conditions
are similar to those in the 1989 constitution. To create a state under conditions stipulated
by the 1999 constitution is difficult and it is like a camel passing through a needle eye.
9) Secular Status of Nigeria: The constitution specifically prohibits the adoption of any state
religion in Nigeria.
10) Fundamental Objectives and Directive Principles of State Policy: The 1999
constitution has provision for fundamental objectives and Directive principles of State
Policy. Essentially, these are the duties and responsibilities of the government to Nigerians.
Among other things, the state is required to promote democracy and social justice, reflect
the federal character principle in all appointments, encourage national integration and
discourage discrimination on account of place of origin, sex, religion, state, tribe, etc.,
promote planned and balanced economic development and the economic well-being of all
Nigerians, promote the ideals of freedom, equality and justice, promote, equal and adequate
educational opportunities at all levels including free education and promotion of national
interest across the globe.
11) Revenue Allocation: The constitution stipulated that revenue allocation should be based
on principles such as population, equality of states, internal income generation, land mass,
terrain and population density. Also, thirteen percent (13%) of the revenue accruing to the
Federation Account directly from any national resources is to be based on derivation.
12) Immunity Clause: The constitution also allows the person holding the offices of President,
Vice President, Governor, Deputy-Governor from persecutions for any civil or criminal act
during his period of office. He cannot be arrested or imprisoned during that period.
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2) The declaration of assets by top government officials before taking office may help to
check abuse of office and acquisition of wealth.
3) The strict provision for the creation of states may help to check the proliferation of states.
4) Federalism remains the best constitutional option in a multi ethnic, multi linguistic and
multi religious society like Nigeria. However, federal system provides for political stability
in such a heterogeneous society.
5) The prohibition of a state religion in a multi-religious society like Nigeria is a good thing
and should be applauded. This will checkmate incessant frictions among the political
leaders and make Nigeria a secular state.
6) The difficult or rigid procedures for amending the constitution prevent tyranny and
arbitrary use of power by over-ambitions political leaders.
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Summary of the Study Session 15
In this study session you have learnt the background to the 1999 constitution. The 1999
constitution retained many aspects of the 1979 and 1989 constitution. The constitution retained
among other things, the principles of republicanism, federalism, presidentialism and
multipartyism. Although, there were certain important developments in the polity which led to the
promulgation of the 1999 constitutions, such as constitutional conference of 1995, the death of
General Sanni Abacha and the drafting and promulgation of the 1999 constitution. The study
session also examines the features of the constitution which comprised of federalism, presidential
system of government, composition and powers of the National Assembly, the judiciary, Federal
Capital Territory, establishment of federal and state executive bodies, secular status of Nigeria,
creation of state fundamental objectives and directive principles of state policy and lastly immunity
clause. However, advantages and disadvantages of the 1999 constitution were equally enumerated.
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SAQ 15.2 (Tests Learning Outcome 15.1.1)
2. The constitutional conference of 1995 had the following terms of reference except
_______________
a) To look at the demand for the creation of states.
b) To identify and rectify the systemic fault lines which allow for military intervention.
c) To strengthen the instruments governing the judiciary law enforcement and security
agencies
d) To deliberate upon the modalities for ensuring good governance and guaranteeing equal
opportunities.
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SAQ 15.6 (Tests Learning Outcome 15.2)
6. The presidential system adopted by the 1999 constitution introduced the following except
______________
a) Declaration of Assets
b) Removal of President from office
c) Federalism
d) Special Advisers
SAQ 15.7 (Tests Learning Outcome 15.2)
7. The National Assembly of 1999 Constitution comprised of ______________ senate and
__________ representatives
a) 108-Senate, 350-Representatives
b) 109-Senate, 360-Representatives
c) 108-Senate, 360-Representatives
d) 109-Senate, 350-Representatives
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a) The constitution does not contain any provision on how to deal with military intervention
b) The constitution has no place for state or local police.
c) The prohibition of a state religion in a multi-religion society like Nigeria will checkmate
incessant frictions among the political leaders.
d) The constitution does not provide for acceptable fiscal federalism in which the state can
generate sufficient revenues on their own and do not need to depend on the central
government.
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ANSWER TO STUDY SESSIONS 1-15
1. B
2. D
3. C
4. A
5. D
6. B
7. D
8. D
9. A
10. D
11. B
12. D
13. C
14. D
15. B
16. C
17. B
18. D
19. C
20. D
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3. C
4. A
5. D
6. C
7. B
8. C
9. B
10. A
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6. B
7. B
8. A
9. D
10. C
157
10. D
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Answers to Self-Assessment Questions for Study Session 9
1. B
2. B
3. A
4. D
5. C
6. D
7. B
8. A
9. A
10. C
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3. B
4. D
5. A
6. C
7. D
8. B
9. C
10. D
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7. B
8. C
9. D
10. A
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