Definition of Constitution: Is the basic principles and laws of a nation, state, or social group

that determine the powers and duties of the government and guarantee certain rights to the
people in it.
Also it is a written instrument containing the fundamental rules of a political or social
organization.

CONSTITUTIONAL DEVELOPMENT IN NIGERIA (1914 – 1999)

Background
Constitutional Development in Nigeria could be said to have started on 1st January, 1914 when
Lord Lugard amalgamated the southern and Northern protectorates to form a single country
known as Nigeria. Lord Lugard did not produce any constitution in the strict sense of the word.
However, some features of his administration are identified below;
1. The Governor General was the chief administrative officer of the colony.
2. A Nigeria council was created. This council was theoretically, a legislative body but did
not have full powers of a legislature for its decisions were not binding on the Governor
General.
3. There was an executive council headed by the Governor General.
4. Each of the former Northern and southern protectorates was administered by a Lieutenant
Governor.
5. A Legislative council was created for Lagos while a Nigeria council was created for the
rest of the country.

Hugh Clifford Constitution of 1922

Background
Lord Lugard Administrative policies were unacceptable to early Nigerian nationalists. These
nationalists, under the umbrella of the National Congress of British West Africa (NCBWA)
criticized the shortcomings identified in the Nigerian Council and Legislative Council. They also
requested for the establishment of a university in British West Africa. It was in the midst of all
these agitations that Lord Lugard left Nigeria.
In 1919, lord Lugard was succeeded as Governor by Sir Hugh Clifford. The NCBWA presented
its requests to the new Governor, after initial opposition to nationalist demands; Sir Clifford
granted the constitution of 1922 which introduced many changes into Nigeria.

Clifford constitution of 1922 was enacted after Sir Hugh Clifford was appointed Governor of
Nigeria. He complained of the ineffectiveness of the Nigeria Council and thus abolished both the
Nigeria Council and Executive Council.

Features of Clifford Constitution

 i. Legislative integration of Lagos with rest of Southern part of Nigeria: a single legislative
council was created to accommodate Lagos and the rest of the former Southern
Protectorate.
ii. Created both legislative and executive council; this means that the constitution initiated
the process of Separation of Powers.
iii. Exclusion of the Northern Province; the Governor legislated for the Northern province by
proclamation.
iv. The elective principle in the Legislative council was introduced: for the first time in
Nigeria and the entire British West Africa, elections were conducted.
v. Indirect rule was extended to the southern province: Indirect rule previously restricted to
the North was officially introduced into Southern Nigeria.
vi. It provided for political parties: the constitution made possible for the development of
political parties. The first of these parties was the Nigerian National Democratic Party
(NNDP) formed by Herbert Macaulay.

Advantages/ Merits of Clifford Constitution

1. It introduced the elective principle in Nigeria: for the first time in Nigeria and the entire
British West Africa, elections were conducted.
2. The introduction of the elective principle led to growth in political consciousness.
3. It provided room for the formation of political parties like NNDP.
4. It offered a wider scope for African participation in politics.
5. It also created room for the introduction of newspaper such as Lagos Daily news in 1925
and the Daily Times Nigeria plc in 1925.

Disadvantages/Demerits of Clifford Constitution

1. The constitution disenfranchised majority of Nigerians by limiting voting rights only to
male adult with a residential qualifications of one year and gross income of £100 per
annum.
2. The North was left out of the Legislative Council.
3. There was an absolute exclusion of Nigerians from the executive council.
4. The constitution vested too much power on the governor.
5. Nigerians were made only non-official members.
6. It sowed the seeds of North – South dichotomy (division) that exists till date.

Arthur Richard Constitution of 1946

Background
The Clifford Constitution lasted twenty three years (1922-1945). A lot changed within the
intervening years. Another World War, the Second World War had taken place. Dr. Nnamdi
Azikiwe, a highly educated Nigerian had returned to the country and joined the nationalist
movement. His Newspaper, The West African Pilot greatly contributed to the nationalist cause.
The 1946 Richard’s Constitution, came into existence as a result of the weakness of the 1922
Clifford Constitution and nationalist demands for constitutional reforms. The constitution was
put together by the Governor of Nigeria between 1935 and 1943. Sir Bernard Henry Bourdillon
who later retired in 1944, and was succeeded by Sir Arthur Richard.

Features of Richard Constitution

a. Regionalization: the constitution for the first time divided Nigeria into three regions- the
North, East and West.
b. Legislative integration of the North: the Northern region became integrated into the
national legislative council. This was a departure from the 1922 Clifford Constitution
that restricted the council to the South
c. Provision for Electoral College: members of the legislative council were elected the
regional assemblies which functioned as electoral colleges. This was a very good
example of indirect rule.
d. Regional Legislatures: Legislatures were created for the regions. The Northern
legislature was bicameral (House of Assembly and House of Chiefs) while the Western
and Eastern Regional legislatures were unicameral (House of Assembly).
e. Franchise qualification was reduced to £50 per annum as against the £100 per annum by
Clifford constitution.
f. Africans were included in the executive council.

Merits of the Richard Constitution

1. Introduction of federalism; Richard’s Constitution is credited with introducing the federal
idea into the policy of the Nigerian body, as the Constitution provided for the creation of
three regions.
2. Promoting National Unity in Nigeria; For the first time in Nigeria’s political history,
North and South were legislatively integrated. The constitution promoted unity in Nigeria
by uniting North and South in a central legislative council.
3. Nigerians were offered greater participation in the Central Legislative Council; The
regional assemblies provided a forum for Nigerians to participate in the discussion and
management of their affairs.
4. The indirect system of government was carefully incorporated into the constitution: It
recognized the role of the traditional rulers.
5. The government became closer to the people through the establishment of 3 regional
governments and a House of Chiefs.

Demerits of the Richard Constitution of 1946

1. It was imposed: Nigerians were not consulted before the constitution was formulated and
presented to them. The constitution was therefore criticized for lack of adequate popular
vote and viewed as autocratic.
 2. The official and unofficial representatives were proved ineffective: Most of the officials
served only as formalities; they have no legislative power.
3. The Legislative Council was selected not elected, meaning that the elected or nominated
members owed allegiance to the person who nominated them rather than the people.
4. The electoral principle did not extend beyond Lagos and Calabar: Although the
constitution retained the electoral principle as in the Clifford constitution but was still
limited to Lagos and Calabar.
5. It promoted tribalism and ethnicism: Regionalism was introduced causing political
division in Nigeria, which created regional rivalry because each region represented one or
more ethnic groups. The northern region represents the Hausa/Fulani people, the eastern
region represents the Igbo people and the western region represents the Yoruba people.
6. The constitution represented colonial interests: Richard’s constitution showed a great deal
of interest in the colonist. There were many Europeans on the Legislative Council. One
would have thought that the council would consist of many Nigerians and fewer
Europeans.

MACPHERSON CONSTITUTION (1951)

John Macpherson constitution of 1951 was introduced due to the criticism of Richard
constitution of 1946. When John Macpherson became the governor of Nigeria in 1948, the
criticism of Richards’s constitution sharpened his political mind and prepared him for a new
political leadership in Nigeria
John Macpherson constitution was introduced in 1950 but it came into force in 1951. The
constitution provided for central legislative and a central executive known as House of
Representatives and Council of Ministers respectively. It also provided for Public Service
Commission.

Features of the 1951 Macpherson Constitution

1. It created Central Executive Council: the council was the executive arm of government
mainly responsible for the implementation of policies. It was headed by the Governor
General who was assisted by ministers.
2. Legislative and Executive council for the regions: each region had legislative and
executive councils.
3. Provision for the Lieutenant Governor: each region was administered by a Lieutenant
who assisted the Governor General.
4. It still retained the 'three regional structure'.
5. It established a federal legislature that was called the House of Representatives.
6. It promoted democracy as Nigerians all over the country were given the opportunity, to
elect their members into the legislative house.

Advantages of the Macpherson Constitution

1. The constitution allowed for an increase in the elected majority in both the central and
regional legislatures.
 2. It granted more powers to the Regions more than power allowed them by the Richards
constitution.
3. The constitution created bicameral legislature in both the northern and western regions
and Unicameral at the center and Eastern Region.
4. The constitution played great role in realization of self-governance in Nigeria.
5. The constitution encouraged true spirit of federalism by dividing powers between the
central and the regions and granting considerable autonomy to the regions.
6. It granted the Centre greater authority than the regions.

Disadvantages of the Macpherson Constitution

1. Elections into national and regional legislatures remained indirect.
2. The Governors still exercised veto and reserved powers
3. There was absence of responsible government at Centre
4. The constitution encouraged regional division and ethnic nationalism. This discouraged
politicians from cooperating for the success of the constitution.
5. The lapses in the constitution resulted in the Kano Riots of 1953. This widened the
bitterness between the north and the South.
6. It also resulted in the Eastern regional crisis of 1953
7. The regions were not autonomous i.e they depended on the central government for
various needs of sustainability.

LYTTLETON CONSTITUTION OF 1954

The Macpherson constitution was short lived due to many unexpected developments in the
political history of Nigeria between 1951 and 1953. For example:

 There was a serious political crisis in Eastern Nigeria due to serious disagreements
among members of the National Council of Nigeria Citizens (NCNC) formerly known as
National Council of Nigeria and the Cameroons
 In 1953, an Action Group member of Federal House of Representatives, Chief Anthony
Enahoro, moved a motion for Nigerian’s Political Independence from Britain by 1956.
This motion generated serious crises within the house.
 The (NCNC) supported the motion while the Northern dominated NPC led by Sir
Ahmadu Bello rejected it preferring “Independence as soon as practicable”. The NPC
disagreement with the AG had to do with timing.
 Due to the (NPC) opposition to timing of Independence, Northern members were booed
and harassed by Lagos members this later led to Kano riots when later in 1953 (AG) sent
a delegation led by Chief Samuel Ladoke Akintola to the North to press for support for
Independence, some northerners saw this as an opportunity to avenge the rough
treatment.
 This constitution is remembered as one of the constitution that was not named after a Governor
General of Nigeria. Oliver Lyttleton was the Secretary of state for the colonies; he encouraged
the drafting of a new constitution. The role he played earned him the reward of naming the
constitution after his name.
Lyttleton spearheaded the drafting of a new constitution for Nigeria in 1953, Constitutional
conferences were held in London in 1953, and Lagos conference of 1954. It would be useful to
discuss these constitutional conferences before outlining the features of Lyttleton Constitution.

THE LONDON CONFERENCE OF 1953

The London conference of 1953 was the idea of Oliver Lyttleton who in an address to the British
house of common in 1953 suggested a new constitution to tackle among many issues, the
relationship between the regional and central government, independence of the country and
deficiencies inherent in the Macpherson constitution. 19 delegates comprising of 6 from each
existing 3 regions and one from the Cameroons attended the conference.

RECOMMENDATION OF 1953 CONFERENCE

The conference between July and August 1953 came up with the following decision
1. Nigeria became a federation
2. The public service to be regionalized
3. Internal self-government to be given to the regions that want it
4. Lagos to cease being part of western territory and become federal capital territory
5. Governor of Nigeria to become governor general while regional governors become Lieutenant
Governors.
6. Legislative powers should be shared between federal, regional and federating units
7. That her majesty’s government would grant self-government to those regions who so desire it
in 1956

LAGOS CONSTITUTIONAL CONFERENCE OF 1954

The conference was held to resolve outstanding issues from 1953 London constitutional
conference and it came up with following recommendation
1. Resources to be allocated to the regions based on derivation
2. Partial autonomy to be granted to the southern Cameroons.
3. Civil service and judiciary to be regionalized
4. Southern Cameroons to remain part of the federation but with a legislature of its own.

FEATURES OF LYTTLETON CONSTITUTION

1. It gave a lot of authority to the regional legislature
 2. It set out a list of exclusive and concurrent responsibilities. The central government had
powers to legislate on the exclusive list and both the central and regional government had the
power to legislate on the concurrent list.
3. It replaced the office of the Lieutenant Government in the region with that of the Governor.
the Governor of Nigeria become the Governor General
4. The federal house of representative was to be constituted through direct election
5. It accorded for the first time executive control of government department to the federal and
regional ministers
6. It decentralized both civil service and the judicial system both were put in regional hands
7. Supreme court was established for the country
8. A federal Capital Territory (Lagos) was created
9. Nigerians elected regional premiers
10. The principle of derivation was adopted as a basis for revenue allocation
11. Office of the speaker and deputy speaker was created

MERITS OF LYTTLETON CONSTITUTION

1. Full federation was established
2. Port folio’s were given to ministers
3. The constitution formed basis for eventual constitutional negotiation.
4. It created the office of speaker and deputy speaker of the house of representative
5. More powers were granted to the regions
6. The two tiers of government were given specific functions
7.Educated Nigerians were given opportunity to participate in the country’s affairs.
8. Nigerians were elected as regional premiers.

DEMERITS OF LYTTLETON CONSTITUTION

1. It exposed the fears of minorities who began to demands their own region
2. It still left the governor general too powerful. They retained control of the executive council
and other vital sectors of government.
3. Lyttleton constitution promoted regional sentiments among Nigerians like the Richard
constitution
4. No provision of the office of the prime minister
5. Ministers were appointed instead of elected
6. No uniform electoral system (Adult Male Suffrage in the North), (Universal Suffrage in the
East and West).
7. No plans for independence were made.

MAJOR CONSTITUTIONAL CONFERENCES

PRE- INDEPENDENCE LONDON CONSTITUTIONAL CONFERENCE (1957)
At this conference held in London, the following far-reaching decisions were taken:
1. It was agreed that Eastern and Western regions would be granted self-government by 1957
while the North would became self-governing by 1959.
2. The conference decided to set up a commission to look into complaints by minority groups
and examine the possibility of creating more regions. This commission was created in 1958 and
headed by Sir Willinks hence hence it was called the Willinks Commission.
3. For the first time, provision was made for a bicameral legislature- House of Representatives
and Senate.
4. A commission was set up to address the issue of revenue allocation.
5. Universal adult suffrage was extended to the West and East but suffrage was limited to males
in the north.
6. The office of Prime minister was created for the first time.
7. It recommended that non-Muslims should not be tried under Sharia law against their will.

PRE- INDEPENDENCE LONDON CONSTITUTIONAL CONFERENCE (1958)

This conference was held to finalize arrangements for Nigeria's political independence and it
came up with the following recommendations:
1. Fundamental human rights to be entrenched in the constitution.
2. Northern region to become self-governing by 1959.
3. Nigeria to become independent by 1960
4. Referendum to be held to determine the status of Northern and Southern Cameroons. (The
referendum was held in 1961. Southern Cameroons voted to join Cameroon while Northern
Cameroons voted to remain part of Nigeria).

Willinks Commission of Inquiry (1957)

As progress was made towards Nigeria's independence efforts were made to resolve issues that
might endanger the unity of post- independence Nigeria.
Therefore a commission was set up headed by Sir Henry Willinks to address among many other
issues, the fear of the minority ethnic groups and demands for creation of new regions:
1. No boundary adjustments between the north and south unless such is approved via a
referendum.
2. No imposition of Sharia law on non-Muslims.
3. Fundamental human rights to be entrenched in the constitution.
4. The police to be under federal control.
5. No new regions to be created before Independence.

INDEPENDENCE CONSTITUTION OF 1960

FEATURES OF INDEPENDENCE CONSTITUTION
1. The constitution retained the federal structure initially adopted by the Lyttleton’s
Constitution of 1954.
2. Governors-General became Ceremonial Head of State for the Queen of England.
3. It adopted the parliamentary system of government in Nigeria.
4. There was a bicameral legislature for the federal and regional House of Assemblies.
5. Executive power was granted to the prime minister and premiers.
6. The constitution was written and rigid: rigidity means that it was difficult to amend
7. Dual government powers existed at the federal and regional government.
8. The constitution embodied Fundamental Human Rights of citizens.
9. Provisions for Nigerian citizenship were copiously detailed in the constitution.

ADVANTAGES/ MERITS OF INDEPENDENCE CONSTITUTION

1. The attainment of nationalistic struggle was crowned with the independence constitution.
2. Nigeria became a sovereign state and was free to aspire to have international recognition by
joining UNO, Commonwealth.
2. Nigeria joined other nations to seek trade relations and boost Nigeria’s foreign trade and
improved living standard.
3. Attainment of independence meant increase in employment in the civil service and other
sector of the economy.
4. The creation of the public service commission by Nigerians.
5. Establishment of bicameral in our legislative system at the federal and regional
government levels.
6. Introduction of accountability in the utilization of Nigeria revenue through the ministry of
finance by the activity of the department.

DISADVANTAGES/ DEMERITS OF INDEPENDENCE CONSTITUTION

1. It still retained the Queen of England as the titular or ceremonial head of state represented
by the Governor-General.
 2. The Privy Council in Britain was the highest court of appeal for Nigeria.
3. Members of the Senate were not directly elected but appointed by regional government.
4. It failed to clearly state the process and position for creation of states, the creation of mid-
west was attended by many political tensions.
5. It was a foreign designed constitution supervised by the retreating British colonialist.

REPUBLICAN CONSTITUTION OF 1963 (PARLIAMENTARY)

Nigeria politicians had begun to question some provision of the 1960 constitution after the
political crisis in the Western Region. A new constitution was therefore promulgated in1963 and
some changes were introduced by the constitution as follows:

FEATURES OF THE REPUBLICAN CONSTITUTION

1. It enthroned a Republican Constitution in Nigeria.
2. Queen of England was no longer head of state.
3. The Queen was replaced with the president who became Head of State and Commander-
in-Chief of the Armed Forces.
4. The president to be elected by secret ballot of the joint session of the two houses of the
Federal Assembly.
5. Supreme Court replaced the Privy Council as the highest court of appeal in Nigeria.
6. It strengthened the Fundamental Human Rights.
7. It abolishes the Judicial Service Commission and made the prime minister the sole
appointee of judges.
8. The Prime Minister’s office strengthened with the departure of the Governor-General.
9. The office of the Governors at the regional level ceases, while the premiers assumed total
executive government powers.
10. The director of public prosecution was brought under political control.
11. Membership of the house of senate and representative was increased from 44 to 56 and
305 to 312 respectively.
12. Federal government assumed some emergency powers over the legislative arm.
13. The Supreme Court was given the power of judicial review.
14. The process for the creation of states and boundary adjustment was embodied in the 1963
Republican Constitution.

MERITS OF THE REPUBLICAN CONSTITUTION

1. The elected president became head of state instead of British Monarch.
2. The constitution was autochthonous (indigenous) meaning; it was a home-based or
derived constitution.
 3. Supreme Court became the final court of appeal in the land.
4. Right of citizens was fully guaranteed and entrenched.
5. Nigerians were in complete control of decision making and implementation.
6. British influence over the country in any aspect was terminated.
7. Supreme Court was given the power to check the excesses or unconstitutional actions of
the executive and the legislature.

DEMERIT OF THE REPUBLICAN CONSTITUTION

1. The President represents a minority interest of members of the House of Representatives
instead of a majority vote of the electorates.
2. The legislative and the executive arm of government were fused.
3. It permitted carpet crossing where elected members could easily change allegiance for
personal rewards.
4. It had parliamentary supremacy instead of constitutional supremacy.
5. Prime minister was accountable to the parliament and not to the people.
6. It exposes the legislative system to bribery and corruption since the legislature holds
aces; they could easily be swayed to secure their compromise.

1979 PRESIDENTIAL CONSTITUTION

BACKGROUND
General Murtala Mohammed came to power in 1975 and he promised to return the country to a
civil rule after long years of military rule that started on January 15, 1966. But General
Mohammed did not live to fulfil his promise. It was his deputy Lt. General Olusegun Obasanjo
who made the promise a reality. This started with the establishment in 1975 of the Constitution
Drafting Committee consisted of 49 members.

FEATURES OF THE 1979 PRESIDENTIAL CONSTITUTION

1. The constitution rejected the Parliamentary System and introduced the Presidential
System.
2. It was headed by an executive president who acted as both the head of state and head of
government.
3. The president was directly elected by the electorate in a general election.
4. The president appointed his ministers outside the legislature subject to the confirmation
by the senate.
5. The president and the vice can be removed from office by impeachment.
6. There was the principle of separation of powers among the three organs of government.
7. The president and the governors were to hold office for four years of not more than two
terms if re-elected.
8. The president was also made the Commander in Chief of the Armed Forces.
9. Lobbying was also allowed why carpet crossing was disallowed.
10. The judiciary was empowered by the constitution to interpret the law.
11. The National Assembly was bicameral which consisted of the Senate and House of
Representatives.

ADVANTAGES OF THE 1979 PRESIDENTIAL CONSTITUTION

1. Separation of Power: There is a separation of powers as members of the executive are not
members of the legislature.
2. The executive president was popularly elected: The president is above his political parties
since he is popularly elected by the electorates and he is responsible to the electorates.
3. Fixed Term of Office: It fixed the tenure of office of the political office holders thus; it
prevents the tendency of any leader or party from perpetuating itself in power.
4. Supremacy of the Constitution: The constitution was supreme and as such must be
obeyed and respected by all authorities and citizens.
5. Rights of Individual: Fundamental human rights were fully elaborated and guaranteed.
6. A new Federal Capital territory was provided for by the constitution.
7. Activities of the Ministers: The president appoints his ministers. He can direct and check
their activities as they are individually responsible to him.

DISADVANTAGES OF THE 1979 PRESIDENTIAL CONSTITUTION

1. The constitution is expensive to operate as functions are duplicated.
2. Impeachment clause: The lawmakers can use the impeachment clause indiscriminately
and victimize a political opponent.
3. Concentration of powers: There is concentration of powers in the hands of the president
since he combines the functions of the head of state and government.
4. Delay in the execution of programmes: Due to separation of powers, there can be delay in
the execution of government programmes.
5. Federal Character: The appointment of people into federal establishment may not reflect
federal character. This is because some sections of the country would still feel neglected.
 6. Problems: There is the possibility of problems coming up between the executive and the
legislature especially where the ruling party is not maintaining the majority in the
legislature.

DIFFERENCES BETWEEN 1963 AND 1979 CONSTITUTION

1. The 1963 Constitution was based on the British Parliamentary System of Government
while the 1979 Constitution was based on the American form of the presidential system
of government.
2. In the 1963 Constitution, the Prime Minister was the head of government while in the
case of the 1979 Constitution the executive president was both the head of state and head
of government.
3. In the 1963 Constitution, the prime minister was the leader of the party that won majority
of seats in parliament while in the 1979 constitution the president might not be from the
party that won the majority seats in parliament.
4. The 1979 Constitution provided for a clear separation of powers between the executive
and the legislature while the 1963 Constitution fused the two organs of government.
5. The 1963 Constitution only allowed the prime minister to appoint his ministers from his
party members in the parliament while in the 1979 Constitution, the president appointed
his ministers outside the party.
6. In the 163 Constitution, a minister was a member of the parliament as well as the
executive while in the 1979 constitution, a minister was not a member of parliament, he
belongs only to the executive arm of government.
7. While the 1963 Constitution provided for the official opposition, the 1979 Constitution
did not recognized official opposition.
8. The 1979 Constitution did not allow the system of collective responsibility as provided in
the 1963 constitution.
9. In the 1963 Constitution, there was parliamentary supremacy while in the 1979
Constitution; there was the supremacy of the constitution.
10. The 1979 Constitution provided that the president can be removed from office through
impeachment, while the 1963 Constitution provided for the removal of the prime minister
through a vote of no confidence.

THE 1999 CONSTITUTION (PRESIDENTIAL)

(Background)
The 1999 constitution created the Fourth Nigerian Republic, a federation with democratic rule. It
remains in force today. The 1999 constitution identifies the national capital (Abuja), 36 states
and their capitals, and 774 local government areas within Nigeria. It establishes the legislative,
executive, and judicial branches of government and details their duties and the separation of
powers between the branches and federal and state governments. Nigeria's legislative powers are
vested in a National Assembly with two chambers: a Senate and a House of Representatives. The
constitution gives the National Assembly the power to make laws for "peace, order and good
government of the Federation".
In addition, the constitution outlines the individual's fundamental rights, including life, liberty,
dignity, privacy, freedom of expression, religious freedom, and security from slavery, violence,
discrimination, and forced service in the military. It also defines a person's right to a timely and
fair trial if arrested and the presumption of innocence. Nigerians also have the right to own land,
a right of assembly, and freedom of movement.

FEATURES OF 1999 CONSTITUTION

1. The constitution maintained the presidential system of government.
2. The constitution adopted bicameral legislature, consisting the House of Senate and
representatives and house of assembly for each state and councilors for local government.
3. The National Assembly is made up of 109 senators and 360 members of House of
Representatives.
4. The constitution provided for 36 states and 774 local government areas.
5. The constitution provided for revenue allocation formula.
6. The constitution retained federal system of administration with the sharing of power.
7. The 1999 constitution of Nigeria provides for multi-party system to be registered by the
Independent National Electoral Commission (INEC).
8. The chapter 4 of the 1999 constitution provides for the fundamental human rights of the
citizens.

MERITS OF THE 1999 CONSTITUTION

1. The heads of the executive at all levels are popularly elected – local government
chairmen, state governors and the president.
2. The constitution effectively puts in place separation of powers and checks and balances.
no one can be a member of two arms of government at the same time.
3. It puts in place judicial review allowing Supreme Court to check or review any excess of
the other arms of government.
4. The constitution specifically spells out the fundamental human rights of the citizens,
qualifications and limitations to those provisions.
5. It clearly stipulates the term of office for the elected officials.
6. The president is responsible/accountable to the electorates.
7. It empowers the citizens to remove unpopular public officials, especially the legislators
through recall.
8. It validates and promotes popular/political sovereignty residing in the people.

DEMERITS OF THE 1999 CONSTITUTION

1. It allocates a lot of powers to the president.
2. The nature of the constitution facilitates a very expensive administration.
 3. It fails to delineate the functions and powers of the local government. This brings
instances in which the federal and state governments usurp the powers and impose
functions on local government arbitrarily.
4. The constitution is not clear on the power of state government in the creation or
dissolution of local government. This continues to create conflict between the state and
federal governments.
5. The exclusive list is too large, therefore the federal government becomes too powerful,
while the state governments are left with too little power. This is very unusual in a federal
state. This condition makes the states and the local government to be too dependent on
the center.
6. Like many other rigid and federal constitutions, decision-making process is not fast as a
lot of protocols are often required.
7. The federal character principle contained in the constitution may not encourage
meritocracy.
8. The immunity enjoyed by the president and the governors is usually abused.

FEDERALISM
EMERENCE OF NIGERIA FEDERALISM
Nigerian federalism can be traced far back to 1914 when the Northern and Southern protectorates
were amalgamated with a unitary form of administration. Since then, governmental powers that
existed in Nigeria started to be shared between the central government headed by the governor-
general and the governments of Northern and Southern protectorates headed by the lieutenant
governors. Therefore, with the autonomous parts of Northern and the Southern province, the
administrative system of Nigeria wore a somehow outlook of a federation.
The further division of the country into three regions in 1946 by the then Governor of Nigeria Sir
Arthur Richards under the Richards constitutional arrangements, gave more support to the
emergence of Nigeria with a federal system of government. The 1951 Macpherson constitution
gave further concrete support to the establishment of a federal system of government in Nigeria.
Apart from the division of Nigeria into three regions of Northern, Western and Eastern regions,
the constitution appointed lieutenant governors to head these regions and granted legislative
powers to the legislative and executive councils that were established. The 1954 Lyttleton
constitution removed the final shades of unitary state from Nigeria by establishing a true federal
state. The constitution that took effect from October 1, 1954, shared powers between the central
and the regional government.
Federalism: may be defined as a form of government in which power is constitutionally shared
between the central government and other component units. e.g. local government and state/
region. In 1954, we had two tiers of government- the central and regions, both had their powers
defined and shared by the constitution.

FACTORS RESPONSIBLE FOR NIGERIAN FEDERALISM

1. Cultural diversity: Differences in culture, religion, language, custom, tradition, etc.
among different ethnic groups make the operation of a federal system possible.
 2. The fear of one ethnic group dominating others necessitated the establishment of
federalism in Nigeria.
3. To protect the interest of minority groups.
4. The large population and wide geographical areas of Nigeria make it necessary to
establish federalism in Nigeria.
5. To ensure rapid and even development of all parts of Nigeria.
6. To bring the government near to the people of Nigeria.
7. To bring about the division of powers to reduce the burden involved and make the art of
governance less energy-sapping, time-saving, less fatiguing and make government more
effective.
8. To create more employment opportunities through the division of powers and the
duplication of ministries and offices.
9. To make it possible for diverse laws that will suit the diverse communities in Nigeria.
10. To preserve the local independence or autonomy of every ethnic group in Nigeria.

FEATURES OF NIGERIAN FEDERALISM

1. Constitutional division of power: There are division and sharing of governmental powers
between the federal and regional government.
2. Written and rigid: The constitution adopted is rigid and written.
3. The different governments in Nigeria derive their powers from the constitution
4. Supremacy of the constitution.
5. Separation of powers: The constitution separated functions and personnel among the three
organs of government-executive, legislature and the judiciary.
6. Existence of bicameral legislature.
7. Existence of Supreme Court for judicial interpretation and review.
8. The division of Nigeria into unequal regions/states.
9. Duplication of organs of government in all governments in Nigeria.

THE NATURE AND STRUCTURE OF NIGERIAN FEDERALISM

The Nature and structure of federalism in Nigeria will be discussed based on the following;

 Federalism before independence:

 1960-1966 (the Golden Years of Nigerian Federalism)
 1967-1975. (the Military Era)
 1976 to date. (Period of Mixed Results)
  FEDERALISM BEFORE INDEPENDENCE
The colonial system of government in Nigeria introduced the centralization of power. So, from
the time of Clifford till about 1939, powers of administration and government were centralized.
The other constitutions of Richards of 1946 and Macpherson of 1951 contributed to giving
Nigeria different shades of the structure of federalism. It was the 1954 Lyttleton constitution that
gave Nigeria a true structure of federalism. The constitution which took effect from October 1,
1954, shared powers between the central and regional governments. The constitution changed the
lieutenant governor’s status to that of the governor and the governor to that of governor-general
at the federal level. It spelt out how legislative powers should be shared between the centre and
the regions in a true federal spirit.

 FEDERALISM BETWEEN 1960 AND 1966

The independence constitution which came into force on October 1, 1960, and which conferred
independence status on Nigeria incorporated the federal structure started by Lyttleton
constitution of 1954. The independence constitution introduced some minor modifications to the
federal structure of Nigeria. This constitution retained the procedure for sharing powers and
functions between the central and regional governments as was stipulated in the 1954
constitution. Under the independence constitution, one important feature of Nigeria federalism
right from1954 constitution up to 1963 republican constitution is the division of the country into
unequal regions. For instance, the Northern region was larger than the Eastern and Western
regions put together. The 1963 Republican constitution increased the regions from three to four
with the creation of the Mid-Western region.

 FEDERALISM BETWEEN 1967 AND 1975

This period was the evolution of the military in the political system. The military stunted the
growth of political culture in the country. Not only that, it systematically destroyed all
democratic and political institutions and other basic features of federalism. The government of
Aguiyi Ironsi introduced a unitary system into the country with the promulgation of decree No
34. The overthrow of Major General J.T.U. Aguiyi Ironsi and the coming to power by the then
Lt. Col. Yakubu Gowon caused antagonism between the Northern and Eastern regions. Yakubu
Gowon created 12 states in an attempt to weaken Ojukwu’s attempt from seceding the Eastern
region from Nigeria. Three days after the creation of states by Gowon, Ojukwu proclaimed the
Eastern region as an independent state of Biafra. This led to the civil war which started in July
1967.

 FEDERALISM FROM 1976 TO DATE

When General Murtala Mohammed came to power in 1975, a panel headed by Justice Ayo
Irikefe was set up to look into the issue of creation of states in the country. As a result of the
panel’s recommendation, seven more states were created on February 3, 1976, thereby bringing
the number of states to 19. Two additional states of Katsina and Akwa Ibom were created on
23rd September 1987 by General Ibrahim Babangida’s administration. In 1991, 27th August,
General Ibrahim Babangida administration also increased the number of states in Nigeria to 30
states by creating additional 9 states. General Sanni Abacha further increased the number of
states in Nigeria to 36 by creating additional 6 states on October 1, 1996. Abuja remains the
federal Capital Territory (FCT), with its own minister. Besides the Federal and State
governments, Nigerian federalism contains local government that is concerned with their
respective localities alone. It is the third level or tier of government which is subordinate to the
federal and state governments and it is rested with the authority to perform local functions.
Presently, that is, as at the period the book is being revised, the number of existed local
governments in Nigeria is seven hundred and seventy-four (774).

PROBLEMS OF NIGERIA FEDERALISM

1. Revenue allocation: This has been a major problem in Nigeria. Government at different
periods, have set up commissions to advise on the acceptable revenue sharing formula,
especially, as it affects the three tiers of government.
2. The problem of state creation: Almost every interest group in the country wants a state. This
may not be possible in a country with over 250 different ethnic groups.
3. The problem of federal character: Appointments into federal establishments are not always
based on merit. The various ethnic nationalities or groups must be considered in the allocation of
appointments. This remains a problem in the Nigerian federalism.
4. Threat of secession: This threat by some units as a factor of divided allegiance or loyalty of
citizens poses a great problem to a federal system.
5. The problem of minorities: Nigeria is made up of many ethnic groups consisting both majority
and minority groups. The minorities are always afraid that the majority will dominate them to the
extent that issues of national importance are affected.
6. Ethnic disharmony: There could be distrust among the various ethnic groups in a federal state.
This can affect the unity and the very corporate existence of the country.
7.Boundary disputes: This has been a continuous problem between states or local governments
and has capacity to threaten the corporate existence of the nation state.
8. Corruption, favoritism and nepotism: These are problems of the Nigerian federalism.
9. Power sharing: Power sharing among the component units creates a problem to the Nigerian
federalism because it is not always properly defined.