Constitutional Development in Nigeria (1922 - 1960)

Constitutional development in Nigeria highlights the transition from colonial administration to self-governance. It involves various legal frameworks designed by the British to administer the Nigerian territory.

1. The Hugh Clifford Constitution (1922)

This constitution replaced the 1914 Nigerian Council. It was significant for introducing the first elective principle in West Africa.

• Features: Introduced a Legislative Council of 46 members (27 official, 19 unofficial). It established the elective principle for four seats (3 for Lagos, 1 for Calabar).
• Merits: Encouraged the formation of political parties (e.g., NNDP) and increased political awareness.
• Demerits: The North was excluded from the Legislative Council; the Governor had veto power; the franchise was restricted to male adults earning £100 per annum.

2. The Arthur Richards Constitution (1946)

This constitution aimed to promote the unity of Nigeria and ensure greater participation of Nigerians in their affairs.

• Features: Divided Nigeria into three regions (North, West, and East). It created a Regional House of Assembly for each and a House of Chiefs for the North. It provided for an unofficial majority in the Legislative Council.
• Merits: Brought the North and South together in one Legislative Council; recognized Nigeria's diversity through regionalism.
• Demerits: Nigerians were not properly consulted; it was accused of 'dividing and ruling' Nigeria.

3. The John Macpherson Constitution (1951)

Following criticisms of the Richards Constitution, Macpherson introduced a constitution after wide consultations with Nigerians at village, district, and regional levels.

• Features: Established a 'quasi-federal' system. It created a Central Legislative House (House of Representatives) and Regional Legislatures. It introduced the Council of Ministers at the center.
• Merits: Encouraged national political parties; promoted Nigerian participation in governance.
• Demerits: Ministers were not fully responsible for their departments; there was no provision for the post of Prime Minister or Premier.

4. The Oliver Lyttleton Constitution (1954)

This constitution is regarded as the first federal constitution of Nigeria.

• Features: Formalized Federalism. It created the offices of regional Premiers. Lagos was removed from the West and made a Federal Capital Territory. Residual powers were given to the regions.
• Merits: Granted regions autonomy; established a clear division of powers between the center and regions.
• Demerits: It didn't provide for a uniform electoral system across regions.

5. The Independence Constitution (1960)

This constitution granted Nigeria full sovereignty from British rule.

• Features: Established a parliamentary system of government. The Queen remained the ceremonial Head of State (represented by a Governor-General), while the Prime Minister was the Head of Government. A bicameral legislature was established at both federal and regional levels.
• Merits: Nigeria became a sovereign nation; fundamental human rights were entrenched.
• Demerits: The Head of State was still the British Monarch; the final court of appeal was the Privy Council in London.