1979 CONSTITUTION
Lecturer: Dr. Osah Goodness
Course: Nigerian Constitutional Development
Assignment done by
Nnabuchi Prosper 21/0655
Eture Eunice Emamuzo 21/0096
George Taylor Taiwo
Ebuehi Osariemen 21/0466
Martins-Ozigbo Itunoluwa 21/2138
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INTRODUCTION
What is a constitution?
Constitution is the supreme law of each State. It lays down rules
regarding the organisation, powers and functions of government.
It also defines the basic features of the State and the relation
between the citizens and the State.
TYPES OF CONSTITUTIONS IN NIGERIA.
There are four types of constitution which are:
1.Written constitution
2.Unwritten constitution
3.Rigid constitution
4.Flexible constitution
THE NIGERIAN REPUBLICAN CONSTITUTIONS OF 1979.
After the military took over in 1966 and the 1963 constitution was
set aside, there were many steps taken towards the drafting of a
new constitution for Nigeria. The Aguiyi Ironsi review set up a new
constitutional committee headed by F. R. A. Williams, but the
committee did not do much before the regime was terminated.
Yakubu Gowon, who followed Aguiyi Ironsi, set up a constitutional
conference and took part in the drafting of a constitutional
program in Aburi, Ghana which was never implemented. It was
the Murtala-Obasanjo regime which came in 1975 that
established a 49-member constitution-drafting committee that
same year, chaired by F. R. A. Williams.
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The constitution was completed in 1776 and reviewed by a 230-
member constituent assembly, headed by Justice Udo Udoma,
and it worked from 1977 to 1978. The Supreme Military Council
carried out final amendments and promulgated the new
constitution of the Federal Republic of Nigeria into a decree to
come into effect from 1st October, 1979.
BACKGROUND
Due to some political crises such as; the western election crises of
1965, the federal elections of 1964 and some other crimes
contributed to the first coup d’état on January 15, 1966 which was
headed by Aguiyi Ironsi. The military regime lasted for 13years.
After the assassination of the military head of state, General Murtala
Mohammed in 1976, his successor General Olusegun Obasanjo tried
to terminate the military rule, in 1979. Obasanjo established a
Constitution Drafting Committee (CDC)
This new constituent assembly was elected in 1976 to draft a new
constitution. The constitution drafting committee comprised of 49
members of a 50 member committee headed by Chief Rotimi
Williams. It was completed during Murtala/Obasanjo regime. 17
minor amendments were done by 40 federal military government,
190 indirectly elected under the 230 member assembly of the
chairmanship of Justice Udo Udoma and became a constitution. This
constitution came into effect on 1st October, 1979.
FEATURES OF THE 1979 CONSTITUTION
1) The constitution introduced the presidential system of
government similar to that of united states
2) The president acted as both the head of state and head of
government
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3) The president was directly elected by the electorate in a general
election
4) Lobbying was allowed while carpet crossing was not allowed by
this constitution.
5) A fixed tenure of government was set at 4 years and can only
serve for two terms, i.e. 8 years
6) The president and vice president can be removed from office by
impeachment
7) A governor who acted as the Chief Executive with a Deputy
Governor with other members of the executive appointed by the
governor called Commissioners existed in each state of the
federation
8) It brought about Bicameralism in the national assembly which
consisted of the Senates and House of Representatives. The senate
was made up of 95 members of which 5 came from each state and
one from Abuja. While, the House of Representatives had 450
members.
9) The State Assembly had a unicameral legislature.
10) A body known as the National Economic council chaired by the
Vice
President with all the states Governors and the central bank
Governor as members was created in this second republic
constitution.
ADVANTAGES OF THE 1979 CONSTITUTION OF NIGERIA
The 1979 presidential constitution had the following advantages
1. The 1979 Constitution was the first home-made constitution
produced by Nigerians for the peculiar Nigerian conditions.
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2. By its provisions such as the introduction of Federal Character, the
Presidential System of Government and the registration of Political
Parties, the constitution actively encouraged national unity and
integration.
3. The introduction of the Fundamental Objectives and Directive
Principles of State Policy showed the concern of government for the
welfare of Nigerians.
4. The provision of several checks and balances in the constitution
(such as legislative approval of top government appointments) and
appropriations ensured that the President did not become a civilian
dictator.
5. The recognition of the local government as the third level of
government helped to bring government nearer to the people and,
therefore, prevented the complete subordination of the local
governments to state governments.
6. The declaration of military coup as unconstitutional, at least,
showed the commitment of Nigerians to deal with the problems of
political instability and enthrone a system of democratic
government.
7. The rigid procedure for amending the constitution and creating
new states helped to strengthen the political system.
8. By establishing a code of conduct for public officers and the Public
Complaints Commission, the constitution attempted to ensure
probity and accountability in public service.
DISADVANTAGES OF THE 1979 CONSTITUTION OF NIGERIA
The demerits of the 1979 republican constitution of Nigeria may be
summarized as follows:
1. Although the preamble to the 1978 Constitution claimed that the
constitution was made by the people of Nigeria, several provisions of
the constitution did not reflect the interest of ordinary Nigerians.
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2. For example, the constitution did not make it possible for
Nigerians to enforce their social and economic rights. Nor did it
provide for social welfare programmes such as free education, free
health care and payment of unemployment benefits.
3. The principle of federal character, though desirable in a multi-
ethnic society Like Nigeria, did not stipulate that the best materials in
each state should be appointed to public offices.
4. The distribution of power in the constitution made the states to be
subordinated to the Federal Government and this development
negated the principle of federalism.
5. The constitution granted too much power to the President. He
determined the size of government and appointed ministers subject
to confirmation only by the Senate. The ministers were responsible
to him and he could dismiss them at will.
SIGNIFICANCE OF THE 1979 CONSTITUTION TO NIGERIA
1) The 1979 constitution mandated that political parties and cabinet
positions reflect the "federal character" of the nation — Political
parties were required to be registered in at least two-thirds of the
states, and each state was required to produce at least one cabinet
member.
2) The 1979 constitution introduced a presidential system of
government. It merged both ceremonial and executive functions of
the head of state into one. Hence, the president performed both
functions
3) The 1979 constitution of Nigeria set a fixed tenure of government
(for presidents and governors) was set at four years. And a candidate
could only serve two terms i.e eight years.
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The president could be impeached if he was found non deserving of
the seat.
4) Bicameralism at the national assembly, i.e house of senate and
house of representatives comprising of ninety five and four hundred
and fifty members respectively. The 1979 constitution of Nigeria
introduced Unicameralism for the state legislature.
5) The president had the right to nominate people for certain offices
and this power was subject to, approval by the national assembly.
The governor could also nominate people for offices, but the state
house of assembly would need to approve for the appointment to be
binding. The chief justice was to be appointed into office by the
president subject to approval by the senate.
6) The 1979 constitution recognized the following:
i) The principle of separation of powers was entrenched in the
constitution for the first time.
ii) The federal Electoral Commission as the electoral umpire
iii) Public Complaint Commission and a judicial Service Commission
which was responsible for appointments, promotion, discipline and
transfer of judicial office holders.
The 1979 Constitution of the federal republic of Nigeria also
recognized the following;
a) A code of conduct which accepted the declaration of assets by
public office holder to ensure probity and accountability in
governance.
b) The federal Electoral Commission as the electoral umpire
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c) Public Complaint Commission: A public Complaint Commission,
the Ombudsman to investigate any form injustices, victimization and
harassment of Civil servants to help seek redress.
d) A judicial Service Commission which was responsible for
appointments, promotion, discipline and transfer of judicial office
holders.
e) A National population commission, National Boundary
Commission, Federal Character Commission we’re all duly
recognized.
CONCLUSION
From what have been discussed so far, it is evident that the 1979
constitution of Nigeria was an improvement of the former
constitutions that existed before it. Due to the fact that it promoted
separation of power, and accountability of government through
democracy by stipulating a fixed term of government.
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REFRENCES
www.Wikipedia.com
www.bscholarly.com
www.studyhq.net
https://studyhq.net/merits-demerits-1979-constitution/
https://en.wikipedia.org/wiki/Second_Nigerian_Republic
https://nigerianscholars.com/tutorials/west-african-constitutional-
development/nigerian-1979-republican-constitution
J.U. Anyaele, Comprehensive Government for senior secondary
schools, Third
https://en.m.wikipedia.org/wiki/Second_Nigerian_Republic
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