Course Overview

• Overview of Nigerian Constitutional

Development:
• - Focus: Evolution of Nigeria's constitutions
from colonial to contemporary periods.
• - Themes: Constitutions, constitutionalism,
societal influences, historical background, pre-
and post-independence developments.
• - Outcomes: Critical analysis of reforms,
challenges, and progression in Nigerian
governance.
Constitution and Constitutionalism
• 1. Definition of Constitution:
• - A collection of basic laws and principles
governing a state.
• - Outlines powers, citizen rights, and
government structure.

• 2. Definition of Constitutionalism:
• - Governance based on adherence to
constitutional principles.
 Pre-Independence Constitutions
• 1. Clifford Constitution (1922):
• - Introduced legislative councils and limited
elections.
• - Excluded majority of Nigerians.

• 2. Richards Constitution (1946):

• - Focused on regional representation.
• - Aimed to unite diverse groups but limited
inclusivity.
 Independence and Republican
Constitutions
• 1. 1960 Independence Constitution:
• - Introduced parliamentary system, retained
British monarchy.
• - Key strengths: Sovereignty, regional
autonomy.
• - Weaknesses: Ethnic tensions, lack of strong
central governance.

• 2. 1963 Republican Constitution:

 Post-Independence Constitutions
• 1. 1979 Constitution:
• - Introduced presidential system.
• - Emphasized separation of powers.

• 2. 1989 Constitution:
• - Prepared for the Third Republic.
• - Aimed at decentralization, but remained
largely theoretical.
 Factors of Constitutional Change
• 1. Cultural Influences:
• - Ethnic diversity necessitated inclusion and
balance.

• 2. Political Drivers:
• - Military interventions shaped reforms.
• - Need for stability and civilian governance.

• 3. Economic Pressures:
 Conclusion
• Key Takeaways:
• - Nigeria's constitutional history reflects its
quest for unity and governance.
• - Themes of federalism, inclusivity, and
democracy dominate reforms.
• - Challenges remain in achieving equitable and
effective governance.
 Clifford Constitution (1922)
• Overview:
• - First written Nigerian constitution by Sir
Hugh Clifford.
• Key Features:
• - Established a Legislative Council with limited
African representation.
• - First election introduced in Lagos and
Calabar (voting rights limited to wealthy
elites).
• Significance:
 Richards Constitution (1946)
• Overview:
• - Introduced to promote regionalism by Sir
Arthur Richards.
• Key Features:
• - Created regional councils for Northern,
Western, and Eastern regions.
• - Legislative Council now included some
Africans.
• Significance:
 Macpherson Constitution (1951)
• Overview:
• - A product of extensive consultations led by
Sir John Macpherson.
• Key Features:
• - Introduced a federal structure with regional
legislatures.
• - Africans gained majority representation in
central legislature.
• Significance:
 Lyttleton Constitution (1954)
• Overview:
• - Designed by Sir Oliver Lyttleton to address
ethnic tensions.
• Key Features:
• - Federalism strengthened with clearer
regional autonomy.
• - Governors became regional figureheads;
premiers gained executive powers.
• Significance:
 1960 Independence Constitution
• Overview:
• - Nigeria gained independence on October 1,
1960.
• Key Features:
• - Parliamentary system retained; British
monarch remained Head of State.
• - Federal structure maintained with three
regions (Northern, Western, Eastern).
• Significance:
 1963 Republican Constitution
• Overview:
• - Transitioned Nigeria to a republic on October
1, 1963.
• Key Features:
• - Removed the British monarch; President
became Head of State.
• - Supreme Court became the highest judicial
authority.
• Significance:
 1979 Constitution
• Overview:
• - Ushered in the Second Republic (Shagari
administration).
• Key Features:
• - Adopted a presidential system modeled after
the US.
• - Separation of powers between executive,
legislature, and judiciary.
• Significance:
 1999 Constitution
• Overview:
• - Marked the beginning of the Fourth
Republic.
• Key Features:
• - Strengthened federalism and democratic
governance.
• - Guaranteed fundamental human rights and
freedoms.
• Significance:
 Purpose of a Constitution
• A constitution serves as the supreme law of
the land, establishing:
• - The structure of government and its
functions.
• - The relationship between the government
and citizens.
• - The rights and duties of citizens.

• Examples:
 Global Influence on Nigerian
Constitutionalism
• Nigeria’s constitutional evolution has been
influenced by:
• - British colonial legal traditions (e.g., common
law).
• - Federalism concepts from the USA (e.g.,
1954 Lyttleton Constitution).
• - Global human rights movements (e.g.,
inclusion of rights in the 1999 Constitution).
 Political Drivers of Constitutional
Change
• Examples of key political events influencing
constitutions:
• - Military coups (e.g., 1966 coup leading to the
suspension of the 1963 Constitution).
• - Return to civilian rule (e.g., 1979 and 1999
Constitutions).
• - Demand for autonomy and self-governance
during colonial rule (e.g., Macpherson
Constitution).
Cultural Influences on Governance
• Nigeria’s ethnic and cultural diversity has
shaped its governance:
• - Regionalism in the 1946 Richards
Constitution.
• - Power-sharing mechanisms to balance ethnic
representation (e.g., federal character
principle in the 1999 Constitution).

• Example:
• - Ethnic conflicts and demands for resource
 Economic Drivers of Reform
• Economic pressures have necessitated
constitutional changes:
• - Resource allocation and control debates
(e.g., derivation principle in the 1999
Constitution).
• - Influence of globalization on trade and fiscal
policies.
• - Need for equitable distribution of national
wealth to reduce regional inequalities.
Challenges of Federalism in Nigeria
• Federalism has faced several challenges in
Nigeria:
• - Over-centralization of power in the central
government (e.g., control of resources by
federal authorities).
• - Regional inequalities leading to tension (e.g.,
North-South divide).
• - Struggles for true autonomy by states and
local governments.
 Debates on Restructuring
• Current debates on restructuring focus on:
• - Devolution of powers to states.
• - Reforming the revenue-sharing formula.
• - Ensuring equity in representation and
governance.

• Example:
• - Calls for constitutional amendments to
address the over-centralization of the federal
 Future Reforms and
Recommendations
• To strengthen governance, future reforms
should consider:
• - Enhancing judicial independence and rule of
law.
• - Promoting fiscal federalism to allow states
more financial control.
• - Protecting human rights through stricter
enforcement mechanisms.

• Example: