CHALLENGES OF NATION BUILDING- THE EVOLUTION OF THE NIGERIAN CONSTITUTION

The evolution of the Nigerian Constitution has been marked by several significant phases, influenced by colonial rule, the quest for independence, military interventions, and the desire for democratic governance. Nigeria's constitutions have evolved in response to changing political, social, and economic realities.

Here's a detailed overview:

1. Pre-Colonial Era: Native Laws and Customs.

Before British colonization, Nigeria was not a single political entity. The region consisted of various kingdoms, chiefdoms, and empires, each governed by its native laws and customs. These laws were mostly unwritten, based on the traditions of ethnic groups such as the Yoruba, Igbo, Hausa, Fulani, and others. Authority structures were decentralized, except in places like the Sokoto Caliphate, where Islamic Sharia law was already in use.

2. Colonial Period: Early Constitutions (1914–1950s)

The British introduced written constitutional frameworks in Nigeria during their rule, starting with the amalgamation of the Northern and Southern Protectorates in 1914. These early constitutions were designed to serve the interests of the colonial administration.

a. The Clifford Constitution (1922)

- Named after Governor Hugh Clifford, this was the first formal constitution of Nigeria.

- It introduced limited representation for Nigerians, allowing a small number of elites to participate in legislative governance.

- Created the Legislative Council for the southern provinces but left the northern part under the authority of traditional rulers.

- Although it expanded participation, the franchise was limited to Lagos and Calabar, and only elites with property or education could vote.

b. The Richards Constitution (1946)

- Named after Governor Arthur Richards, it was introduced to better reflect Nigeria’s diversity.

- Established a regional system by dividing Nigeria into Northern, Western, and Eastern regions.

- Introduced regional legislative councils but still centralized power in the hands of the British governor.

- This constitution aimed to give more Nigerians a say in governance, but it was still far from democratic, as it maintained significant British control.

c. The Macpherson Constitution (1951)

- Named after Governor John Macpherson, this constitution resulted from broader consultations with Nigerians.

- It introduced a federal system with regional governments for the North, West, and East.

- Marked an expansion of Nigerians' participation in governance, with the introduction of regional assemblies that had more power to legislate on local matters.

- The Macpherson Constitution was a significant step towards self-government but faced criticism for not granting enough autonomy to the regions.

3. Towards Independence: The Lyttleton Constitution (1954)

- A federal constitution designed to address the growing demands for self-governance.

- It officially introduced federalism by giving the regions more legislative and administrative powers.

- The Lyttleton Constitution was a response to ethnic and regional tensions, as the three major regions (North, West, and East) sought greater autonomy.

- Established a central legislature, with regional governments having jurisdiction over certain areas, a precursor to Nigeria’s federal system.

- This constitution laid the groundwork for Nigeria’s independence by further decentralizing power and giving regions more control over their affairs.

4. Post-Independence Constitutions (1960–1966)

a. The 1960 Independence Constitution

- Marked Nigeria’s attainment of independence on October 1, 1960.

- Adopted a parliamentary system of government modeled after the British Westminster system.

- The Queen of England remained the ceremonial head of state, represented by a Governor-General.

- The constitution provided for a bicameral legislature, with a Senate and a House of Representatives.

- Power was shared between the federal government and the regions, making Nigeria a federal state.

b. The 1963 Republican Constitution

- Nigeria became a republic on October 1, 1963, severing formal ties with the British monarchy.

- The President replaced the Queen as the ceremonial head of state, while the Prime Minister remained the head of government.

- The constitution retained the federal system and parliamentary democracy but solidified Nigeria’s sovereignty.

- It introduced provisions for a Supreme Court and expanded the powers of the regions.

5. Military Rule and Constitutional Suspensions (1966–1979)

Following the first military coup in January 1966, Nigeria’s civilian constitution was suspended, and military decrees took precedence over constitutional provisions. Several military governments attempted to restructure the country, leading to multiple interventions in the constitutional process.

a. The 1979 Constitution (Second Republic)

- After more than a decade of military rule, Nigeria transitioned back to civilian governance with the promulgation of the 1979 Constitution.

- This introduced a presidential system of government, modeled after the U.S. system, to replace the British parliamentary system.

- It established an executive presidency with a separation of powers between the executive, legislature, and judiciary.

- The Constitution was designed to address ethnic divisions and promote national unity by making the federal system more robust.

- However, the Second Republic collapsed in 1983 due to corruption and economic instability, leading to another period of military rule.

6. Constitutions During Military Rule (1983–1999)

During the military regimes of Generals Muhammadu Buhari, Ibrahim Babangida, and Sani Abacha, Nigeria did not have a fully functioning constitution. Instead, military decrees served as the basis of governance.

a. The 1989 Constitution (Never Implemented)

- General Babangida’s regime initiated the drafting of the 1989 Constitution as part of the plan to return to civilian rule.

- It retained the presidential system but was never fully implemented due to political instability and the annulment of the 1993 elections.

b. The 1993 Interim National Government Constitution

- After the annulment of the 1993 presidential election won by Chief M.K.O. Abiola, Nigeria was plunged into a political crisis.

- An Interim National Government was established, but it had no real constitutional framework and was short-lived.

7. The 1999 Constitution (Fourth Republic)

- Nigeria’s current constitution, adopted on May 29, 1999, marked the beginning of the Fourth Republic after years of military rule.

- It re-established the presidential system of government, with a strong executive, bicameral legislature (Senate and House of Representatives), and an independent judiciary.

- The 1999 Constitution maintained a federal system with 36 states and a Federal Capital Territory (Abuja).

- It enshrines fundamental human rights, including the right to life, freedom of speech, and freedom of the press.

- Though it represents the foundation of modern Nigerian democracy, it has been widely criticized for being a product of military rule and not a product of wide popular participation.

- Several amendments have been made, and there have been calls for a complete overhaul to address structural issues, particularly around federalism, state policing, and resource control.

8. Constitutional Amendments and Debates (2000s–Present)

Since the Fourth Republic began, there have been ongoing debates about reforming or rewriting the 1999 Constitution to better reflect Nigeria's complex socio-political realities. Key issues include:

- Federalism There are calls for "true federalism," granting states more control over resources and policing.

- State Creation and Restructuring: Proposals to create more states or restructure the existing regions to reduce ethnic tensions.

- Resource Control: Particularly in the Niger Delta, where the agitation for control of oil resources is strong.

- Electoral Reforms: To address issues of electoral malpractices and strengthen democracy.

- Gender and Minority Rights: Advocacy for the protection and enhancement of women’s rights, as well as those of marginalized groups.

The constitutional journey of Nigeria reflects its struggles with colonial legacies, military rule, ethnic diversity, and the quest for democracy. Each constitution has played a role in shaping the country’s governance and addressing the challenges of nation-building.