International human rights face two major hurdles in nigeria. Nigeria is one indivisible and indissoluble sovereign state to be known by the name of the federal republic of nigeria. The postindependence generation is however made up of. Summary sir john macpherson s constitution of 1951 was the first to be drawn with the inputs from nigerians and it served as a catalyst for federalism in nigeria.
The laws of the federation of nigeria were revised and consolidated pursuant to the revised edition laws of the federation of nigeria decree 1990. The constitution of the federation of nigeria 1960 world statesmen. Get a fullyhyperlinked free pdf softcopy of the 1999 nigerian constitution, as amended. On the whole, looking at the supremacy of the constitution and governance in nigeria, it is instructive to note that there has been poor culture of constitutionalism in nigeria.
The purpose of this constitution all amendment was to. All members of the national assembly are elected directly every four years. Explain the importance of the lyttleton constitution of 1954. British colonialism created nigeria, joining diverse peoples and regions in an artificial political entity. The lyttleton constitution was enacted in 1954 and it established the federal principle and paved the way for nigerias independence in 1960. Arikpo okoi described it as the kernel of all further constitutional changes, which culminated in the establishment of the federal republic of nigeria on october, 1963. Constitutional development in nigeria from 1914 till date 1. Introduction my association with ajayi crowther university dates back to 2007 when i was. However, when nigeria gained her independence on october 1 st 1960, a home made constitution known as the independence constitution of 1960 was adopted which disposed the colonial 1954 lyttleton constitution, although it retained some of its features. Download free pdf copy of the 1999 nigerian constitution as amended.
Sir john macpherson was responsible for creating this constitution and its main highlight was the reported wide consultations with the different strata of the nigerian society before the constitution was created in 1951 also read. There would be a nigerian president as the constitutional head of state and commanderinchief of the armed forces to replace the queen of england. Nigeria developed into a globally perceived free country, in 1960, after a time of expansionism under the british government which spread over about a century starting with the formal extension of lagos in 1861. British influence in the region began with the prohibition of slave trade to british subjects in 1807. The nigerian educated elite formed the chunk of those that pressured him to institute the constitution amendment. The apparent defects in the federal system, no doubt, provide the basis for this agitation. The northern peoples congress emerged as the largest party, winning 84 of the 184 seats. It came into effect on january 1, 1914 and has been amended a number of. Pdf abstract this paper scrutinises against the background of the. Chapter 1 representative democracy in nigeria introduction democracy is the form of government, in which the people of a country, state or. Nigeria and, subject to the provisions of section 4 of this constitution, if any other law.
It is the fundamental and organic law of a nation or state that establishes. For the first time, there was a clear division of powers between the two levels of government i. The material different between the 1960 and 1963 constitution is that the latter 1963 constitution declared nigeria a republic and changed the designation of the governor general to president. September, 1954, by the governor of nigeria to such extent as may, in his opinion. The federation of nigeria was a predecessor to modernday nigeria from 1954 to 1963. The constitution of 1946 was passew when the westminster style parliamentary constitution was enacted in the country. History of nigerian constitutional development the jet lawyer. The lyttleton constitution was enacted in 1954 and it established the federal principle and paved the way for nigerias independence in 1960 features of lyttleton constitution of 1954. Macpherson constitution of 1951, which made the three regions more autonomous. Gold coast constitution order in council, 1954, shall as from responsible. Thus, in the colonial era, the constitution, where it existed, rather than being an instrument of empowerment was an instrument of domination.
Her constitutional roles in nigeria were delegated to the governorgeneral of nigeria. Explain the importance of the lyttleton constitution of. Nigeria is a federation operating a federal constitution but in practice the country works as a unitary state, a fallout of the centralising tendencies that have come to characterise the governmental system. The laws in force as of the 31st day of january 1990 that is to say, the several enactments and subsidiary legislation were subsequently published in 471 chapter bound in 24 volumes. The second phase of nigerian constitution under the british imperial.
Under this constitution nigeria retained queen elizabeth ii as titular head of state. The outcome of the london conference of 1953 and that of lagos in 1954 formed the basis of the lytteton constitution which was named after the then secretary of state for the colonies mr. Sir john macpherson was responsible for creating this constitution and its main highlight was the reported wide consultations with the different strata of the nigerian society before the constitution was created in 1951. Merits and demerits of lyttleton constitution of 1954. There is a widened western educational gap between the north and south of nigeria with the predominantly muslim areas of the north lagging behind due to some historical antecedents.
The constitution, in nigerias situation, is the supreme law of the land which all acts of individuals and of parliament must not contravene. It was not unusual that the nationalism that became a political factor in nigeria during the interwar period derived both from an older political particularism and broad panafricanism rather than from any sense of a common nigerian nationality. The 1960 constitution has 154 sections and 11 chapters where the 1963 constitution has 159 sections 12 chapters. The aim of this work is to trace the history of nigeria s constitution from the 1922 constitution to the 1979 constitution. That has been the journey so far of nigerias constitution development, from the colonial era to the current 1999 edition, as amended.
The first constitution of this period was the macpherson constitution of 1951. Historical development of the nigerian constitution. The constitutions enacted during this period were those of 19 which came into effect on 1 january 1914, 1922, 1946, 1951 and 1954. Constitution of the federal republic of nigeria, 1963. Federalism, nigerian federal constitution and the practice. For example, it was decided that nigeria should adopt a federal system of government and lagos should be autonomous. Mar 09, 2020 constitutional development in nigeria from 1914 till date 1. What urgent needs have caused the changes in the act of 1963. Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void. The approach adopted is historical, from the legislation process of 1861 of lagos colony to 1914 as the period of national formation. Abstract this paper scrutinises against the background of the various experiences and attempts made at constitutional development in nigeria. A constitution is the set of fundamental laws, established to govern a country.
Nigeria conslti1mon 19j,f the nigeria constltuiion. In 1954, the nigerian founding fathers opted for a federal system of government despite its inherent challenges in a pluralistic society. The 1954 constitution was important because of the following reasons. There is a widened western educational gap between the north and south of nigeria with the predominantly muslim areas of the north lagging behind due to some. This act may be cited as the ghana independence short title and act, 1957. It came into force on 1st of october,1963 nigeria s third anniversary as an independent nation. The federal and regional governments were allocated separate functions, thus putting every nigerian under two governments. A presentation to students of the faculty of law, ajayi crowther university, oyo, 31 january 2017. The lyttleton constitution was enacted in 1954 and it established the federal principle and paved the way for independence. The preindependence generation is made up of 6 constitutional instruments, including.
The lyttleton constitution was enacted in 1954 and it established the federal principle and paved the way for nigeria s independence in 1960. Colonial and postcolonial human rights violations in nigeria. The feature of nigerian federalism could only be better understood by a reproduction of the definition of the concept federalism, professor nwabueze in his definition, defined federalism as an arrangement whereby governmental powers within a country are shared between a national, country wide government and a number of regional governments. It came into effect on january 1, 1914 and has been amended a number of times including 1914, 1922, 1946. This marked the beginning of a true federal system of government in nigeria. Independence constitution 1960 nigerias first constitution as a sovereign state was enacted by a british order in council so as to come into force immediately upon independence, on 1 october 1960. A federal legislature consisting of 184 members, which were elected directly and independently of regional assemblies. First, the constitution requires that international treaties be domesticated by local legislation and passed by the federal legislature before they attain legal force in the country. The central legislature now known as explain the importance of the lyttleton constitution of 1954.
Features of the republican constitution of 1963 include. Features of the republican constitution of 1963 nigerian. This constitution shall have the force of law throughout nigeria and, subject to the provisions of section 4 of this constitution, if any other law including the constitution of a region is inconsistent with this constitution, this constitution shall prevail and the other law shall, to the extent of the inconsistency, be void. The man that formulated the first constitution for nigeria was sir hugh clifford. The lyttleton constitution of 1954 is the fourth and the last of the preindependence constitutions of nigeria. Mar 17, 2016 history of nigerian constitutional development introduction. The act establishing the constitution was passed by the nigerian parliament, instead of the british parliament. History of nigerian constitutional development the. However, when nigeria gained her independence on october 1 st 1960, a home made constitution known as the independence constitution of 1960 was adopted which disposed the colonial 1954 lyttleton constitution, although it retained some of its features here are the main features of the nigerian independence constitution of 1960. Difference between 1963 and 1979 constitution in nigeria.
Educational policy in nigeria hauwa imam educational policy in nigeria from the colonial era to the postindependence period hauwa imam1 abstract. Colonial independent federal parliamentary country of the british commonwealth. Chapter 1 representative democracy in nigeria introduction democracy is the form of government, in which the people of a country, state or local government area decide how they want to be governed. Educational policy in nigeria from the colonial era to the. The importance of a constitution in any given society cannot be overemphasized. General elections were held in nigeria between october and december 1954. The central legislature now known as explain the importance of the lyttleton. The 1954 lyttleton constitution was regarded as a milestone in the constitutional history of nigeria. Lyttleton constitution of 1954 features, merits and demerits. The constitution of the federation of nigeria 1960 pdf. Although the national council of nigeria and the cameroons won the most seats in the eastern and western regions, action group was the. The constitution of the federation of nigeria arrangement of sections chapter i the federation and its territories section 1. Constitutional development in nigeria from 1914 till date. The lyttleton constitution of 1954 main features, merits and.
The constitutions also brought together the diverse elements of the. Constitution, 1954 colonial thoroughgoing federal system, with specified powers to the central government, and residual powers to the three regions. Nigerias federal legislative body, the national assembly, consists of two housesthe house of representatives and the senate. History of nigerian constitutional development the jet. It is trite that one of the sources of a constitution is other constitutions. This research work xrayed federalism in nigeria as the only basis upon which nigeria can remain united despite its diversity and peculiar conditions in which the different tribal groups live in and proffers solutions to the challenges of the practice. When nigeria was converted into a federation under the socalled lyttleton constitution of 1954, these three regions were the federating units, with the excolony of lagos becoming the federal capital territory. Constitution of the federal republic of nigeria pdf download.
The constitution retained some of the old structures but introduced some modifications thereto. However, the npc only won seats in the northern region. The nigerian independence constitution of 1960 oldnaija. Colonial nigeria was the era in the history of nigeria when the region of west africa was ruled by great britain in from the midnineteenth century until 1960, when nigeria achieved independence. In 1946 a new constitution was approved by westminster and promulgated in nigeria. Three constitutions that followed the clifford constitution, the richard constitution 1946, macpherson. This first set of constitutions was passed in the following years. It was an autonomous region until independence on 1 october 1960. The 1914 constitution, the 1922 constitution, the 1946 constitution, the 1951 constitution, the 1954 constitution and the 1960 constitution. The nigerian constitution of 1951 is the supreme law of the federal republic of nigeria. Mar 27, 2012 home columns tuesday platform origin of nigerian constitutional regionalism. That has been the journey so far of nigeria s constitution development, from the colonial era to the current 1999 edition, as amended. The constitution of nigeria is the supreme law of the federal republic of nigeria.
In 1948, sir john stuart macpherson succeeded sir authur richards as the governorgeneral of nigeria and soon after he resumed office, he began to draft a new constitution for the nigeria which is known as the macpherson constitution of 1951. How many revisions did the constitution of nigeria overcome. In doing these as well as in their daytoday life, the. At the ibadan 1950 conference, suggestions and decisions were generally made on the macpherson constitution of 1951.