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POLITICAL SYSTEMS IN THE PRE-COLONIAL ERA AND THE RISE OF

CONSTITUTIONALISM IN NIGERIA

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DOI: 10.13140/RG.2.2.17572.45447

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POLITICAL SYSTEMS IN THE PRE-COLONIAL ERA AND

THE RISE OF CONSTITUTIONALISM IN NIGERIA

By

Jadesola Taiwo Babatola

B.A (Hons) History, M.Sc (Political Science) Ph.D (History & International Studies)
Registrar and Secretary to Council,
Ajayi Crowther University, Oyo, Nigeria.
&
Jayeoba Sunday Johnson
B.A (Hons), M.A (History)
Lecturer, Department of History & International Studies,
Ajayi Crowther University, Oyo, Nigeria.
ABSTRACT

In Nigeria, before the advent of British colonial rule, traditional political institutions were
operating in the indigenous societies with their well-structured constitutional framework. For
instance, in the Northern part of Nigeria largely dominated by the Hausa/Fulani, there were very
powerful Kingdoms established as theocratic states under the headship of Emirs who served as
both the spiritual and temporal leaders. In the same vein, the Yoruba political system was
organized into large and subordinate chiefdoms ruled by Kings (Obas) and Chiefs (Baales or
Olojas) based on customary practices and local traditions linked to their motherland – Ile-Ife. The
Igbo society was another socially coercive group operating a fragmented political system with
loose political leadership and socio-political institutions based on democratic principles and
cultural antecedents in decision-making.1

The British colonial enterprise however helped to accomplish the goals of the Berlin
Conference of reducing and eliminating European conflicts on African soils while providing
leverage for the imperialistic quest of European States to expand. The scramble for and partition
of Africa and the British conquering of Nigerian territories had been laid through the exploration
of the vast territories by early European traders, missionaries, and explorers, whose missions were
unknown until Africa was surrounded, bombarded, and invaded on all sides. The imperialistic
goals that fueled the British invasion and domination of Nigeria therefore influenced the mode of
constitutionalism adopted in the colonized Nigeria owing to the mode of political control and
governing mechanism introduced in the colonial era via the direct and indirect rule system.2

Keywords: Indigenous societies, Traditional political systems, Pre-Colonial Era, Colonial Era,
and Constitutionalism in Nigeria.

1 It is outrageous and hideous to acclaim that western civilization and colonial exploits was the basis of the emergence
of orderly political system and governance in Africa. The fame of Mansa Musa, El-Kanem of Borno, Uthman dan
Fodio of Sokoto Caliphate, Chaka the Zulu in South African region and the likes of the unconquered Emperor of
Ethiopia are records of history to validate the existence of rising and falling of Empires and Kingdoms in Africa long
before the arrival of the Europeans in Africa. Even, the resistance of African leaders like Governor Nana Olomu of
Itsekiri, Jaja of Opobo and Ovonramwen of Benin as well as Emirs in Northern Nigeria and Igbo people showed that
British colonialism of Nigeria did not come cheap or easy.
2
The rising development of new technologies aided by the Industrial Revolution, the demand for economic
liberalization efforts and the aspiration for better transformation of human lives in Western society, and the need to
gain spheres of interest in other continents through the use of arms and the invasion of new territories to extract mineral
and natural resources fueled powerful European countries to engage in a rat race after the fall of the slave trade. At
the same time, the competitiveness of these nations in their balance of power resulted in the invasion and looting of
resources of many undeveloped and largely autonomous territories and less militarily advanced African States; making
it easier for Western powers to colonize them.
SURVEY OF POLITICAL GOVERNANCE IN NIGERIA PRE-COLONIAL SOCIETIES

Before the advent of British colonial rule in Nigeria, various ethnic groups had organized
autonomous governments patterned along their traditional political system.3 In the territory that
later became known as Nigeria since the British colonial era, over 250 ethnic groups occupied the
territorial landscape comprising the former Northern Region of Nigeria (North West, North
Central, and North East Geo-Political Zones), the Western and Mid-Western Regions of Nigeria
(South West and partly South-South Geo-Political zones) and the Eastern Region of Nigeria
(South-East and predominantly South-South Geo-Political Zones).4

In the context of the traditional state system and political structure in the pre-colonial era,
it is obvious that the dominant ethnic groups in Nigeria’s traditional political system were the
Hausa-Fulani Caliphate, the Yoruba kingdoms, and the Igbo communities. In the Yoruba
Kingdom, the political culture and administrative system were similar to what operated in Northern
Nigeria as the local administration centered around the (Oba) - head chief of the subordinate
chiefs.5 The head chief administered through his chiefs, group leaders, and lineage leaders. In
Benin, Warri, Cross River, and Rivers, just to mention a few areas, there were chiefs whose
administrative styles were close to that of the Yoruba. But the predominant group in the East was
the Igbos with a chiefless society.6

A good illustration at the outset of the colonial era, no doubt, showed that the Hausa-Fulani
political system was highly centralized and operated under Islamic rule across the major part of
Northern Nigeria. The political system of the Hausa-Fulani State showed a highly centralized
political authority from inception going by the legend of Bayyajida and the noteworthy fact
surrounding the Othman Dan Fodio led Fulani-dominated Islamic jihad across Northern Nigeria
in 1804 to overthrow the aboriginal rulers and impose an Islamic State. The seven original Hausa
states or Hausa Bakwai were Biram, Daura, Gobir, Kano, Katsina, Rano, and Zaria [Zazzau] while
the seven outlying satellites or Banza Bakwai were Zamfara, Kebbi, Yauri, Gwari, Nupe, Kororofa
[Jukun], and current day Ilorin.

3
https://www.amazon.com/NIGERIAN-HISTORY-PRE-COLONIAL-COLONIAL-
AMALGAMATION/dp/1696405335#
4
https://www.britannica.com/place/Nigeria/History#:~:text=Kingdoms%20and%20empires%20of%20precolonial%
5
E. A. Ayandele et al. The Growth of African Civilization. The Making of Modern Africa Vol 2. The Late Nineteenth
Century to the Present Day.
6
Ibid.
 The Hausa-Fulani State as a caliphate had a large size political system and an absolute
political authority vested in the ruler (Sultan of Sokoto), a well-organized standing army to defend
and wage wars, a well-developed tax assessment and direct taxation system which included cattle
tax, land tax, and community tax to generate revenue and provide for public amenities and a sharia
legal system (a body of Muslim laws) regulated by appointed and trained Islamic judges (Alkalis)
across the Emirate. The new political system imposed by the jihadists through the use of Islamic
rule had the installation of Emirs as new rulers under the Sokoto Caliphate with Sokoto as the
headquarters and capital of the western division while the Emir of Gwandu ruled the Eastern
division of the Caliphate.7

The governance of the Emirates generally revolves around exercising legislative powers, a
process that gave the Emir power to make laws through the use of Sharia to ensure order and good
government. The Emir also delegated powers to public officers and exercised executive powers as
the head of government of the Emirate while reporting to the Sultan of Sokoto by paying annual
tributes. The Emir who acts on the confidence of the ruling families as a chief executive, also
performs the role of religious leader of the people. The judicial powers of the Emirate were also
conferred on the Emirs in dealing with serious crimes, settling land disputes, and punishing
offenders through the help of Alkalis (trained Islamic judges).

The general features of the Yoruba political system before the advent of the British in the
19th century therefore showed that the size of the political system was moderate, though several
Yoruba kingdoms were extensions of the old Oyo Empire and part of the Benin Kingdom until
they began to revolt and regain their independence, particularly during the Kiriji wars of 19th
century. Across Yoruba kingdoms, the ethnic groups were divided into several sub-ethic groups:
major ethnic sub-groups such as Igbomina, Oyo, Ijebu, Egba, Ekiti, Ondo, Owo, Ijesa, Egun,
Egbado, Ibolo, Okun Yoruba, Oke Ogun Yoruba amongst others.8 Though traditions stated that
Oduduwa founded Yoruba motherland - Ile-Ife, where the Yoruba people originated and migrated
across the region to form various kingdoms ruled by crowned kings (Oba Alade), the narratives
also showed that district heads (Baale) and chiefs also assisted in various kingdoms and
autonomous communities to ensure political governance in the various areas.

7
The Emirs wielded political authority in various Emirates and were assisted by certain title and office holders and
appointed district heads in the Emirates to coordinate tax collection and the maintenance of law and order.
8
Aleru, J.O., Old Oyo and the Hinterland (History and Culture in Northern Yorubaland, Nigeria) Ibadan Series in
Nigeria Past 1, Textflow Ltd, Ibadan, 2006, p.1
 The pattern of legislative and executive powers of most Yoruba States was interwoven
because Obas served as heads of state like absolute rulers in the kingdom (Alayeluwa Oba) and as
heads of government-assisted by Councils of Chief. Judicial functions of the State were also
exercised by the Obas as Alase Igbakeji Orisa {the Authority next to Almighty}. A royal court and
routine of state officials surround the King to execute decisions on the passage of affairs of the
kingdom, market, and taxes, punishment of offenders through enslavement, death sentences,
banishment, imprisonment or fines, and administration of the various quarters and wards. Most
senior Kings in Yoruba states do not appear in public places outside performing state functions in
their royal court, on the advice of the Council of Chiefs. The King (an Oba) remains the ceremonial
head of the Army (hunters and warriors) responsible for territorial defence, public security, and
waging of wars.9

The functions of the traditional political system across Yorubaland generally had the Oba
as the head of government who ruled with the assistance of senior chiefs while the main town was
divided into sectors [wards] headed by Chiefs to carry out Oba’s directive, allocate vacant lands
and settlement of minor disputes. No doubt, the political system resembles constitutional
monarchy rather than the absolute rule because Obas decentralized public functions and ruled with
their councils of senior chiefs. The Chiefs check the Oba through powers to elect new Obas and to
remove an autocratic Oba just as the Oba checked their powers and does not sit with them in
debating public matters, except in very serious cases, and only ratifies. The age grades and elders
also check the powers of chiefs.

The checks and balances within the political system ensured that powers were not highly
concentrated or abused. The Council of Chiefs performed legislative, executive, and judicial
functions such as suggesting laws to be ratified by the Oba, making decisions and ensuring that
Obas’ proclamation was effectively implemented, monitoring tributes paid by subordinates’ towns
to Oba as a form of the tax system in the form of labor, war spoils, animal husbandry and food
items while the Age grades of able-bodied men were organized under title holders to implement
public decisions and Oba’s order by serving in the police, army, or public works of the kingdom.10

9
In Oyo Empire had a Generalissimo called Aare Ona Kakanfo (Field Marshall of Oyo Armies) while some powerful
Yoruba kingdoms either have Bashorun, Balogun or Oisa performing similar roles in military affairs of their
kingdoms.
10
Whenever an Oba becomes too autocratic, the Chiefs may refuse to attend palace functions and disregard his orders
or at worst plot his removal from the throne by sending him into exile or by making him commit suicide, though the
king can also remove an incongruous chief for gross misconduct or insubordination.
The arrangement of each town and its wards consists of the lineage of families headed by Mogaji,
Elerebi, or Olori-Ebi (Family head). In every village, under a district head or chiefs {Baale or
Oloja}, the subordinate towns report to the King at the main town and pay annual tribute to the
Oba. The referral of serious matters to the Obas for adjudication includes the appointment of
Baales and decisions in cases of murder and treason.

In the case of the Igbo political system, the people were highly divided into various clans
and segments within their fragmented and large political system formed around existing village
groups as the largest units of political authority.11 The features of the Igbo political system
comprises the Extended family as the lowest political unit with the oldest man in the family holding
the Ofor of the family and representing the family at kindred and village meetings to ensure that
family decisions are conveyed and that such decisions are democratically implemented in extended
family affairs. The holders of Ofor (a piece of wood specially made and held by the eldest male in
the family) were the only recognized sources of mere political assent in Igbo land.

Another group is the kindred [umunna] - a group of related extended families consisting
of eldest males who held ofor in the kindred and participated in politics at kindred stages. Followed
in similar order are the Age grades divided into groups based on age among village young men
and serving as a special structure to enforce policies and implement laws as public functions. Since
there was no centralization of powers in the hands of a single political institution and no single
political authority wielded absolute political authority, the Igbo society survived by using the age
group system to enforce law and order and to adjudicate laws across genders with a very powerful
women's society that makes rules enforce rules, and adjudicate on women matter. The Women
Association which consists of Daughters of the kindred (Umu Ada) and married women of the
village (Otu Omu) also participated in law-making and settlement of disputes through the Council
of Elders, Okpala, or the People’s Assembly while committed to educating ladies and young
women in moral values and social norm.

The Okpala or Obi [constitutional village head] in some Igbo villages possess some
measure of political authority as a ceremonial head and democratic leader with no executive
powers, wherever they exist, by presiding at decision-making functions in the village or town

11
The Igbos adopted a more republican and essentially democratic structure with no single individual possessing total
hereditary rights for political leadership and power. The principle of equality and egalitarianism that prevailed in the
Igbo culture permeated its social life, governing process and public policy sphere giving room for mass citizens’
participation in the expansive political systems to ensure checks and balances.
people’s assembly. The Council of Elders chosen from among the eldest men in each village
kindred on a representative basis also makes law on security, land, and serious dispute settlements
among kindred, tries criminals, and imposes death penalties or other punishment on offenders by
selling them to slavery or as sacrifice to appease their gods. The Ozo Titled Society on the other
hand consists of elevated titled holders with superior social, ritual, and political status within the
Igbo society and are responsible for settling disputes and making rules governing its membership.

The Obodo village group was the largest political unit in the Igbo society with an
autonomous and sovereign political authority that performs state functions by making laws for
public security and welfare, executing the laws and adjudicating cases, and overseeing the defence
of citizens from foreign attack and decisions to wage wars. They consist of the oldest men from
the senior kindred based on descent from the founder holding the village ofor and held the village
meetings in the Okpala’s compound while the People’s Assembly (oha) is a meeting of all adult
males in the Igbo Society consisting of members of age grades, the council of elders and titled men
and also make laws and adjudicate cases.

BRITISH IMPERIAL CONQUEST AND TRANSITION TO NIGERIA COLONIZATION

The occupation of Nigeria by the British in South West Nigeria came with British armies
entering from two major fronts of the Lagos and Benin Kingdoms. In Lagos, the 18th and 19th
centuries Yoruba intertwined wars helped the British to get involved in Yoruba affairs through
ales of arms, booming slave trade, and the presence of Christian missionaries in Lagos and
Abeokuta. The British interference in the restoration of Oba Akintoye to the throne after the
insurgence of Kosoko and his signing of a Treaty of friendship with Britain led to the opening of
a Consulate in Lagos by a British Representative in 1853 to consolidate British presence and to
wield influence over Lagos affairs when Dosumu was installed as the next Oba after Akintoye.12

In the Benin front, the British Consuls made futile attempts between 1884 and 1890 to
settle trade matters with Oba of Benin and rejected Vice Consul Gallwey's presence in 1892 with
a British treaty with a showdown. Oba Ovonramwen in 1888 became worried at the shrinking of
his territories and summarily executing his Chiefs advocating British interest thereby leading to
January 1897, ambush and massacre of British senior officials accompanied by 8 Europeans and
124 Africans at Gwato by 1,000 Bini soldiers under Ologbosere and February 1897 reprisal by

12
See Obaro Ikime (Ed), Groundwork of Nigerian History, 624 pages, Paperback, Published September 5, 2000 by
Hebn Publishers, ISBN 9789781299544 (ISBN10: 9781299541)
three British punitive forces that attacked Benin from Gwato, Ologbo Creek and Jamieson River
to burn Benin to the ground, depose Oba Ovonramwen and deport him to Calabar.13

The British occupation of South-South Nigeria and Niger Delta came on two major fronts
Opobo and Itsekiri Kingdoms. The British traders' began to oppose the local Chiefs and their
township government that served as middlemen between producers of palm oil and the buyers at
the sea coast using a canoe house system of rowing big guns and canons along the creeks and coast
to impose rates on the palm oil trade channels in the hinterland. King Jaja of Opobo in February
1870 therefore led his followers from Bonny to Opobo, to intercept the palm oil trade and resist
British merchants’ control that threatens the tremendous fortunes of palm oil trading in the Niger
Delta. In 1887, the British Consul to Niger Delta, Mr. H.N Johnson, decided to grant rights to palm
oil producers in the hinterland to bring their produce to the seacoast for sale without paying Comey
i.e custom duties to King Jaja and he resisted the idea before he was captured.14

At the same time, the British abolition of the slave trade affected the Itsekiri monarchy –
the Olu who was the Governor of Benin River and the wealthiest Itsekiri. In 1883, the Nana Olomu
of Ebrahimi, Itsekiriland (the Olu) was the ruler over the coastal people from Rivers Benin,
Escravos to Forcados, collecting comey from exporters. After the Berlin Conference, the British
Consul - Edward Hewitt, visited him and presented a Treaty of 7 Articles including free access for
Europeans to trade in Itsekiri land and for Christian missionaries to propagate their religion. Nana
Olomu objected to these two articles in the treaty and the British began to engage him in an
eventual showdown. By 1889, British representatives got Nana Olomu to place Itsekiris under the
Royal Niger Company as a British territory provided he continued the palm oil trade.
Subsequently, the Niger Coast Protectorate was inaugurated and Nana Olomu ceased to collect
comey from European traders though compensated by the British with a £400 annual subsidy. In
June 1894, the British attacked Olomu’s Ebrohimi headquarters due to his failure to remove
barriers described as an act of hostility to the British and Ebrohimi was attacked and destroyed on
25th September 1894.15

13
Ibid
14
Consul Johnson invited King Jaja for a parley aboard a British warship but trapped him there and sailed him to
Accra to face trial and deportation to West Indies.
15
Nana fled to Lagos where he later gave himself up for British trial and deportation to Accra. He later returned home
to Nigeria where he died on 3 July 1916
 The British occupation of South-Eastern Nigeria came through the Aros people, an Igbo
clan and a slave trading group settled at their capital town, Arochukwu along the Cross River area
who resisted British penetration through their use of the spirit of Chukwu. They cornered the palm
– oil trade at the coast via the cross river.16 When a quarrel began in 1896 between Ihie and Obegu
villages, Aro inflicted injurious penalties on Obegu which the British attempted to save only to
realize that in November 1901, their mercenaries attacked Obegu village and slew over 500 people.
Hence, the massacre made the British raise the Aro Field Force in four directions from Oguta,
Akwete, Afikpo, and Itu to capture Arochukwu on December 24, 1901.17

The British annexation of Northern Nigeria came through Sir George Goldie of the Royal
Niger Company who signed several treaties of friendship with various chiefs and Emirs in the
North along the River Niger and even to Sokoto and Gwandu while agreeing to make payment of
annual subsidies to the Kings that submitted their territories as part of British Protectorates to allow
British to trade in their territories. Goldie produced the treaties to stake a claim for Britain on
territories of the Sokoto Caliphate. No doubt, the Berlin conference granted claims on treaties
signed with local chiefs provided the British could pacify the areas and the British swiftly left
Berlin to establish their full presence in Northern Nigeria by bringing troops of the Royal Niger
Company to wage wars of conquest on Ilorin, Bida, and Kontagora in 1897. In 1898, the British
also established a military force known as the West African Frontier Force (WAFF) and abrogated
the charter of the Royal Niger Company by paying £2,000,000 compensation.18

With the acquisition of far Northern Territories, the British proclaimed the Protectorate of
Northern Nigeria on January 1, 1900, and appointed Sir (Later Lord) Frederick Lugard as its High
Commissioner. Lugard then decided to bring Kano and Sokoto to their knees, considering the two
locations as the bastions of the Sokoto Caliphate and he mobilized the Kano Assault Force on 29th
January 1903 to invade Kano City gate breaching the walls and slaughter over 1,000 Kano warriors
the survivors to flee to Sokoto. He then invited Kano nobles to surrender and made Muhammed
Abbas [the Wambai] the Emir of Kano. Thereafter in March 1903, the British force moved to
Sokoto to mown down Sultan Calvary while the Sultan, deposed Emir of Kano, and Magaji of

16
The historian Kenneth Dike, described the Aros as ‘the economic dictators of the hinterland’.
17
The trials of the Arochukwu and Ohafia Chiefs led to the first public hanging in Nigeria by British on 1 st March,
1902 witnessed by spectators from 33 towns and villages.
18
See Obaro Ikime (Ed), Groundwork of Nigerian History,
Keffi fled to regroup and fight the British at Burmi in July 1903 where the battle ended the 99
years of rule of Sokoto caliphate in Northern Nigeria.19

The implication here is that the emergence of the Nigerian state from the colonial era was
not based on mere imposition of new rule but a vigorous engagement, resistance, and invasion that
resulted in colonial rule. It also showed that within the territories of the Nigerian people, there
were existing political institutions with strong bias for ethnic groupings of the people and their
various ideological convictions operating across their territorial and geographical landscape just
as it can be asserted among the European nations that colonized Africa. No doubt, the colonizers
of Africa including the British had various ethnic backgrounds with the English (Anglo-Saxon)
transforming England into the United Kingdom through a fusion of the Scottish people (Scotland),
the Welsh people (Wales), and the Irish people into a group of one nation, while other ethnic
groupings formed their nation like the Danish (Denmark), Dutch (Netherlands), Germans
(Germany), the Romans and Italians (Italy), the Portuguese (Portugal), the Belgians (Belgium),
the Austrians (Austria) and the Spanish (Spain) among others.

COLONIAL POLICIES AND EMERGING POLITICAL STRUCTURE OF NIGERIA IN

COLONIAL ERA

The British colonial policy of indirect rule was a system of administration used in
exploiting traditional political institutions to govern the local people according to their traditional
norms and practices without conflicting with British law and colonial policies. Lord Lugard
introduced indirect rule in Northern Nigeria in 1900 and later exported it to the South West while
appointing Warrant chiefs in the South East due to the absence of centralized political leadership
in most of that region.

Lugard had earlier become the high commissioner of the protectorate of Northern Nigeria.
The situations he found on the ground led to the emergence of native authorities. Two factors were
responsible for this type of political administration. Lugard was happy to find that the Emirs had
centralized governments that he could use cheaply and easily. Thus he permitted them to impose
and collect taxes as before and made their chiefs pay a quarter of the revenue they collected from
taxation to the central government while using the remainder for their private purposes. Secondly,
the Emirs on their end were happy to realize that the British did not intend to remove them out

19
Ibid
rightly and therefore cooperated with Lugard, having promised them he would respect their
religion and try cases in their Muslim courts. With the judicial powers and free hands to have their
prisons for convicts of the native courts to serve their terms,20 Lugard created a protectorate court
in the provinces to serve as an appellate court thereby preventing the application of English Law
to Northern Nigerians. With this, a constitutional government was put in place at the local levels
for the British to oversee in Northern Nigeria.

The use of Indirect Rule by the British colonial enterprise was strengthened and influenced
by the presence of traditional political institutions that have existed as political authorities over the
indigenous people for centuries and are capable of aiding and continuing the organization of the
local people and the advancement of the colonial state at the local government levels and in the
provinces based on the newly introduced political structure by the British. It further gave a
productive and efficient economic benefit to the British to retain the existing political structures
instead of creating fresh ones since there was noticeable resistance to foreign rule by the local
people.

A notable factor that helped the indirect rule policy to survive as practiced by the British
in India and elsewhere was the lack of personnel in Nigeria to set up the new administrative
apparatus, the lack of funds to prosecute an expansive governing process and sustain the colonial
economy and purposes; the inadequate number of troops to constitute a large-scale military for
defence and security measures and poor communication network and facilities caused by lack of
technologies, difficult geographical terrains and other environmental impacts. Indirect rule was
comparatively a success in the North West, North Central, and North Eastern parts of the Northern
Provinces of Nigeria as a result of the fact that it did not oppose their religion, customs, and
traditions.

The British ensured that the traditional political system inherited was largely preserved
because the Emir’s powers were negotiated and retained due to the existing political structure of
the Emirates and its highly centralized and hierarchical government. Each emirate operated a
strong tax assessment, collection, and treasury portfolio and had well-organized public-paid
officials. The emirate system had a well-organized, strong, and standing police institution and men

20
M. H. Kukah, Religion, Politics and Power in Northern Nigeria, Spectrum Books, 1994.
conscripted into the British Army (WAFF) while there was an absence of radical and articulate
educated elites in Northern Nigeria.

In Southwestern parts of Nigeria, indirect rule succeeded partially but failed in many parts
of South East and South-South Nigeria all of which constitute the Southern provinces of Nigeria
because it increased the powers of the Obas as absolute rulers and created unpopular and
uncustomary positions of Warrant chiefs in South East and South-South Nigeria to substitute
existing political arrangements which was largely monotonous. It also vested governmental
powers in native authorities that had no funds except to introduce an unpopular new taxation
regime without a well-organized body of public-paid officers at its inception. When the warrant
chiefs were introduced, they became largely corrupt, autocratic, and oppressive while the educated
elites in the South were excluded from the political governance thereby making them form the
earliest resistance to misrule and colonization with the rise of nationalist movements.21

The colonial administration introduced by the British in the country led to the division of
Nigeria into four political entities comprising the Colony of Lagos as the Capital, the Western
Provinces dominated by Yoruba people with Ibadan as the Capital, the Eastern Provinces
dominated by the Igbos with Enugu as the Capital and the Northern Provinces dominated by the
Hausas with Kaduna as the Capital. Though the British preferred a single administrative structure
for Nigeria and often suggested mapping out the future development of Nigeria along that line by
the Seaborne Committee,22 the unification of the entire country gave better leverage when Lord
Lugard in his second term as the Governor of Northern and Southern Provinces in 1912 conceived
the idea of uniting the two Provinces which he eventually brought to fruition in January 1914 with
proclamation and inauguration of the Colony and Protectorate of Nigeria under the British crown.
Thereafter, the Governor of Nigeria with the assistance of an Executive and legislative council was
responsible for the administration of the entire country.23

Lugard’s system of native authorities was not as successful in the southern part of the
country as it was in the Northern region of Nigeria. He experimented with his northern system in
southern Nigeria. Thus, among the Yoruba people the system gave the Obas more powers than

21
This led to rapid growth of radicalism of western education, civil and political rights agitation, riots and other forms
of protests against foreign rule. See J.S. Coleman, Background to Nationalism in Nigeria
22
E. A. Ayandele et al. The Growth of African Civilization. The Making of Modern Africa Vol 2. The Late Nineteenth
Century to the Present Day.
23
Lord Lugard, Dual Mandate in British Tropical Africa.
they had in traditional law and custom.24 The attempt he made to levy taxation as he practiced it
in Northern Nigeria caused much disapproval and eventually led to a riot among the Egba in 1918
in which many lives were lost in the area east of the Niger, he singled out some warrant chiefs and
converted them to paramount chiefs overnight. This caused great confusion. He also made moves
to introduce direct taxation there but failed. The confused environment which Lugard created in
the east of Niger later led to the Women’s Riot of 1929 in which many women were gunned down
by the government forces. Lugard left Nigeria in 1919.25 No doubt, the amalgamation of the
Southern Protectorate and Northern Protectorate of Nigeria and the administration of the colonized
state by the British Governor (Governor–General in the case of Lord Fredrick Lugard) was
institutionalized with the assistance of two Lieutenant Governors in the Protectorates, an
Administrator for the Colony and an Executive Council of public officials who advises the
Governor.

The Governor appointed by the Secretary for the Colonies was the central figure of the
British colonial system administering the colonial territory as the chief executive of the colony.
He appoints public officers including heads of departments, residents, and district officers, and
serves as the chief legislator assisted by the Legislative Council while combining legislative,
executive, and judicial powers subject to controls of the Secretary for the Colonies. The Legislative
Council which came into existence in Nigeria under the 1922 Hugh Clifford Constitution had a
total of 46 members including 27 officials and 15 non–officials legislated for Southern Provinces
while the Governor made laws for Northern Nigeria and Cameroon by proclamation.

IMPLICATION OF COLONIAL EXPERIENCE FOR EARLY CONSTITUTIONAL

DEVELOPMENT IN NIGERIA

The outcome of British superstructure and interference as the dominant powers with
irresistible military might and potential in the affairs of the colonized Nigerian state gave room for
the colonized state to become a subservient and dependent partner in an unequal relationship
created for continued and unhindered exploitation in the accumulation of capital and expansion of
British economy in the global competitive market.26 This cannot be ruled out in the review of the

24
The Declarations and Speeches on the Proclamation of Amalgamation of the Protectorate of Northern Nigeria and
the Colony and Protectorate of Southern Nigeria, 1914
25
Ibid.
26
C. Ake, Political Economy of Nigeria; Oyediran, Oyeleye (Ed.) : Nigerian Government and Politics under Military
Rule, Macmillan, Lagos, 1979; Peil, Margaret : Nigerian Politics: The People’s View, Cassell & Co, 1979;
British colonial experience in Nigeria and the constitutional practices introduced for the governing
of the country as a British interest till Nigeria gained independence. No doubt, the process of
establishing colonial rule and neo-colonial relationships27 with the Nigerian societies further
indicated that the creation of unequal economic relationships between the British colonizer and
colonized Nigerian territories (states and empires) exists to achieve a large measure of domination
and subordination.28

This implies that British colonialism through the use of military might and political
strategies in the colonized territories that possessed lesser military powers and political resistance
was set to exploit the people, dominate their economy, and control access to their resources.29
Looking at the political structure introduced in Nigeria by the British, the colonized territory was
not only forcefully acquired by the British but made to displace or compromise the legitimacy and
authorities of its existing traditional political institutions, which were either sacked or coerced as
an appendage of the emerging colonial state. For instance, in the French-speaking colonies, it led
to the introduction of the policy of assimilation and association while the British adopted indirect
rule and direct rule with the creation of a warrant chiefs system in parts of the colonies where
necessary.

The implication here is that after the conquests, signing of treaties, and proclamation of
British Protectorates in Nigeria, the instruments of political leadership and organization among the
local authorities and states were surrendered while their political sovereignty and powers were
harnessed by the British without deeply taking cognizance of how these societies existed and
worked and how they wish to be governed.30 This further shows that colonial territories created on
African soil were made to assume the character and intent of their colonizers. The modifications
that were later introduced in stages during agitations for civil liberties and the nationalistic
struggles for independence leading to the emergence of modern African states were areas of

27
D. T. Osabu-Kle, African Blood for Imperialist Interests: The First and Second Scrambles for Africa –Imperialism,
Colonies and Neo-colonies, Carleton University, US (1990)
28
Johnston, R.J. The Dictionary of Human Geography (4th Ed), Wiley-Blackwell p. 375 (2000) ISBN 0631205616
29
The British went further to develop the colonized territories as markets for the return of finished products from their
industries so as to sustain their market economy with the use of modern currency as a medium of exchange in trade,
commerce, and all forms of investment across nations.
30
French colonies after they assumed their political independence was the signing of treaties to remain tied to France
in creating an ideal French world where the currencies, core economic activities, banking, military cooperation and
guidance on political governance remains under France.
contention more often with the colonizers rather than those that existed among the people of the
various territories.

The British territorial annexation, occupation, and administration of Nigeria like other parts
of West Africa broadly translated into three areas designated as the Crown colony (Territories
directly administered by Britain), the Protectorates (Territories protected by the British
government, but retaining their traditional rulers to govern the local people according to the culture
of their traditional political institutions) and the Trust territories – Territories administered under
the mandate of the League of Nations (later United Nations) until the territories were granted their
political independence.

Political authorities of the colonial administration in Nigeria were created in a way and
manner that left the Secretary of State for the Colonies in the British Cabinet as the link between
the British government and colonial government, and parliament supervising colonial policies.
Reporting to the Secretary was the Governor (Governor General). The worst aspect of the colonial
experience drawn from the Nigerian experience was the inability of the dominant ethnic
nationalities comprising the Hausa-Fulani in the Northern Region, the Yoruba in the Western
Region, and the Igbo in the Eastern Region to break free of each other into three new autonomous
republics at independence.31 This is unlike what exists in Europe where most ethnic nationalities
are grouped into modern states.32 The history of the Nigerian anti-colonial movement as nonviolent
also reflected the agitations, reactions, responses, and resistance of Nigerians to British rule
through strike actions, newspaper press and propaganda, trade unionism, boycott, and mass
migration, to buttress their distaste for foreign powers and colonial domination.

Given the foregoing, this study established that irrespective of the modern-day ideas and
Western ideology of Constitutionalism to governance in Nigeria and other parts of Africa, there
were existing political structures in Nigeria that European invaders met when they colonized the
Nigerian territories to introduce their system of administration using direct and indirect rule. At
the same time, there is a deep reflection and influence of the traditional political institutions across

31
Few African countries like South Sudan that broke away from Sudan; Burundi and Rwanda broke into two between
the Hutu and Tutsi while Eritrea and Djibouti broke away from Ethiopia. The battle of self-determination in Western
Sahara from Morocco has not materialized in full independence while the Biafra’s agitations to break away from
Nigeria in a genocidal war failed between 1967 and 1970.
32
Most countries in Europe assumed their original character since World War I. For instance, the USSR despite its
communist ideologies and totalitarian structure eventually broke down into its original ethnic nationalities with the
dissolution of the Soviet Union though Russia remained a dominant state in the new structure for the sake of its defence
strategy and economic interest.
the various societies on the people and their political aspirations. One of the major aspirations of
the people is their economic life and survival, security and safety, access to good things in life
including basic amenities and infrastructures, and their rights to human dignity and freedom of
worship. No average Nigerian would desire to compromise these values if they are able to preserve
and protect them. The relevance of each citizen to aspire to a better life in the greater good of the
nation is therefore paramount for the survival of the state and the greater future of its citizenry.
 REFERENCE

BOOK
1. Ake, C. Political Economy of Nigeria; Oyediran, Oyeleye (Ed.): Nigerian Government
and Politics under Military Rule, Macmillan, Lagos, 1979;
2. Aleru, J.O., Old Oyo and the Hinterland (History and Culture in Northern Yorubaland,
Nigeria) Ibadan Series in Nigeria Past 1, Textflow Ltd, Ibadan, 2006, p.1
3. Ayandele E. A. et al. The Growth of African Civilization. The Making of Modern Africa
Vol 2. The Late Nineteenth Century to the Present Day.
4. Ikime, Obaro (Ed), Groundwork of Nigerian History, 624 pages, Paperback, Published
September 5, 2000 by Hebn Publishers, ISBN 9789781299544 (ISBN10: 9781299541)
5. Johnston, R.J. The Dictionary of Human Geography (4th Ed), Wiley-Blackwell p. 375
(2000) ISBN 0631205616
6. Kukah, M. H. Religion, Politics and Power in Northern Nigeria, Spectrum Books, 1994.
7. Lord Lugard, Dual Mandate in British Tropical Africa.
8. Osabu-Kle, D. T. African Blood for Imperialist Interests: The First and Second Scrambles
for Africa –Imperialism, Colonies and Neo-colonies, Carleton University, US (1990)
9. Peil, Margaret: Nigerian Politics: The People’s View, Cassell & Co, 1979;
10.

ONLINE RESOURCES AND JOURNALS

1. https://www.amazon.com/NIGERIAN-HISTORY-PRE-COLONIAL-COLONIAL-
AMALGAMATION/dp/1696405335#
2. https://www.britannica.com/place/Nigeria/History#:~:text=Kingdoms%20and%20empire
s%20of%20precolonial%

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