POL 122. CONSTITUTIONAL DEVELOPMENT.

Introduction: There has been a number of political and constitutional development since Lagos
was first occupied by the British Consular authority in 1861. However, it was not until the Niger
Coast protectorate came into being in 1893 that there was any real government.
The Royal Niger company which took over the administration of the Niger and Benue valleys
was superseded in 1900 by the protectorate of the Northern Nigeria and at the same time, the
protectorate of Southern Nigeria took the place of the Niger Coast protectorate.
The colony and protectorate of Lagos became parts of Southern Nigeria in 1906, the North and
South protectorates came into existence. The Southern and Northern protectorates were
amalgamated in 1914, thus bringing the people into an administrative entity. From that time,
Nigeria was born under the leadership of a Governor-General, Sir Lord Lugard.
Constitutional development refers to the various stages of advancement the Nigeria
constitution has passed. What is known today as Nigeria is made up of various ethnic groups
with socio-political institutions before the British government brought them together into one
administrative unit.
It is the knowledge of the past that constitutes the foundation for the present. It is indeed the
dynamics of the historical advancement of the various eras that transformed into what is now
known as Nigeria. Apparently, the geographical entity called Nigeria is a British imperia creation.
Originally, there was no territory called Nigeria, but by treaties, conquest and sufferance, the
British acquired control over the different territories which make up Nigeria.
Constitution.
The importance of constitution to any given society cannot be overemphasized. In Nigeria
situation, the constitution is the supreme law of the land which all acts of individual and
parliament must not contravene. It is the fundamental and organic law of a nation or state that
establishes the institutions and apparatus of government, defines the scope of governmental
sovereign powers and guarantees civil rights and civil liberties.
It is the fundamental principles or established precedents according to which a state or other
organization is acknowledge to be governed.
It means the basic principle and laws of a nation, state, or other group that determine the
powers and duties of the government and guarantee certain rights to the people in it.
It refers to the mode in which a state or society is organized especially, the manner in which
sovereign power is distributed.
An established law or custom.
TYPES OF CONSTITUTION
Written constitution
Unwritten constitution
Flexible constitution
Rigid constitution
Unitary constitution
Federal constitution
Confederal constitution.
LYTTLETON CONSTITUTION 1954.
Because of the defect of Macpherson constitution, there was increase desire for greater
regional autonomy and precise definition of functions between the regional and the centra
governments. As a results, it became apparent that another constitution was required; and
conferences were held in London and Lagos in 1953 and 1954 respectively. It was during the
conferences that a motion for self-rule was moved by chief Anthony Enahoro.
As a result of the conferences, a new constitution came into force on October 1st, 1954, and
Nigeria became a federation. The government of Sir, John Macpherson ended that year. He was
the first Governor-General of Nigeria federation. With the new constitution, Nigeria became a
component of five parts; the Northern, Eastern and Western Regions, the federal capital
territory of Lagos and the quasi-federal territory of Cameroons.
The 1954 constitution has the following features:
1. It made provisions for the office of the Governor-General at the federal level and
Lieutenant-General as Regional Governors.
2. It made provisions for the office of the regional premiers to head regional executive
council.
3. The Federal Legislature remained unicameral.
4. There was a clear definition of the powers of the regions as well as the federal powers.
There was a clear regard for regional autonomy.
5. The constitution made provisions for direct elections to both the federal and regional
legislature’s, first of its kind in Nigeria.
INDEPENDENCE CONSTITUTION OF 1960.
The independence constitution of 1960 which came into force on October 1st, 1960, by virtue of
Nigerian independence Act 1960, which was enacted by British parliament made Nigeria a full
fledge sovereign state within the commonwealth of nations. The 1960 constitution bestowed
full independence on Nigeria. This meant that Nigeria was no longer under the control and
dictates of the British Government.
The independence of 1960 provided for a head of state who was a representative of the of the
queen of England. His status was like that of the constitutional representative of the monarch.
The Queen of England activities was conducted through the Governor-General in Nigeria. The
constitution established two chamber legislatures which consisted of the Senate and House of
Representatives. The Senate was made up of forty four members, twelve members from each
region and four members from Southern Cameroon and Lagos. The House of Representative
was made up of three hundred and twelve elected members.
The executive authority of the federal government was vested on the queen’s representative
who exercised it through the ministers. The council of ministers was made up of ten members. A
prime minister was appointed from among the members of House of Representatives. A
member who commanded majority support of the members of House of Representatives was
appointed prime minister. The Governor-General on the advice of the prime minister appointed
other ministers. The functions of the council of ministers were the execution of government
policies and the gathering of information.
Each regional legislature was made up of a House of Assembly and House of chiefs. The
Northern House of Assembly was made up of a hundred and seventy elected members while
the House of chiefs of the region consisted of all first class chiefs, ninety five other chiefs and an
adviser on Islamic law.
In the Western House of Assembly, there were a hundred and twenty four elected members.
The house of chiefs of the region was made up of a hundred and fifteen members and four
chiefs selected by the governor.
The Eastern region had a hundred and forty six elected members in the House of Assembly. The
house of chiefs comprised of all the traditional rulers, first class chiefs representing the
provinces, fifty-five other chiefs and five special representatives as members.
Features of the constitution;
1. It adopted a parliamentary democratic system of government in Nigeria.
2. Bicameral legislatures were adopted in both the federal and regional government.
3. The governor was empowered to remove the premier, if the premier has lost the
confidence of the house.
4. Provisions that defined Nigeria citizenship were contained in the constitution
5. It provided for the appointment of the supreme court and High court judges based on
the advice of the judicial service commission.
THE REPUBLICAN CONSTITUTION 1963.
The constitution was passed into law by the national or federal parliament on September 19 th,
1963, on that date was the third anniversary of Nigeria independence, the 1960 independence
constitution was revoked and replace by the 1963 constitution. By this revocation, the Queen
ceased to be the queen of Nigeria. Thus, all the constitutional functions of the queen with
respect to law making were withdrawn and vested in the president, governor and the legislative
houses, and executive authority of the federation became vested in the president and that of
the region in the regional governor.

1979 Constitution.
The then head of state General Murtala Mohammed on coming to power in 1975, made a firm
promise to return the country to civil rule after many years of military interregnum that started
in 15th, January 1966. Unfortunately, he did not live to fulfil the promise due to his
assassination. It was his successor General Obasanjo who made the promise a reality.
However, the fulfilment of the promise commenced with the establishment of constitution
drafting committee (CDC) in 1975. The proposed 50 member committee encapsulated in 49
members as a result of the fact that chief Obafemi Awolowo opted out because he was not duly
informed, and it was chaired by chief Rotimi Williams, a guru in constitutional law.
Afterwards, the establishment of a constituent Assembly in 1976 followed later and the 230
members assembly under the chairmanship of Justice Udo Udoma was made up of 190
indirectly elected members and 40 federal military government appointed members. This
assembly was mainly to examine and ratify the draft constitution by the CDC. The constitution
was finally promulgated after about 17 minor amendments were made and it came into effect
on October 1, 1979.