Post-Independence Constitutions in Nigeria

Nigeria's constitutional history after 1960 is marked by several attempts to establish a stable legal framework for governance. These constitutions evolved from the parliamentary system to the presidential system.

1. The 1963 Republican Constitution

This constitution marked Nigeria's transition from a constitutional monarchy to a Republic. Key features included:

• Replacement of the Queen of England as Head of State with a ceremonial President (Dr. Nnamdi Azikiwe).
• The Prime Minister remained the Head of Government (Sir Abubakar Tafawa Balewa).
• The Supreme Court of Nigeria became the final court of appeal, replacing the Judicial Committee of the Privy Council in London.
• Creation of the Mid-Western region in 1963.

Shortcomings: There was a lack of clear separation between the roles of the President and the Prime Minister, leading to friction. Also, it maintained the census and electoral controversies of the era.

2. The 1979 Presidential Constitution

Following a period of military rule, the 1979 constitution introduced the Second Republic. Features included:

• Introduction of the Presidential system of government (Executive President).
• The President was both Head of State and Head of Government.
• Separation of powers between the Executive, Legislature, and Judiciary.
• Requirement of 2/3rd majority of votes in 2/3rd of the states for a President to emerge.
• Introduction of the Federal Character Principle to ensure ethnic representation.

Shortcomings: The 2/3rd majority clause caused legal disputes (Shagari vs Awolowo). The system was also criticized for being too expensive to run.

3. The 1989 Constitution

Associated with the Third Republic, this constitution was designed under the military regime of General Ibrahim Babangida. Notable characteristics:

• Provision for a two-party system (NRC and SDP).
• Emphasis on local government autonomy.
• Aimed at a gradual transition to civilian rule.

Shortcomings: It was never fully implemented because the June 12, 1993, election was annulled, leading to the collapse of the Third Republic.

4. The 1999 Constitution

This is the current constitution of Nigeria, ushering in the Fourth Republic. Its features include:

• Maintenance of the Presidential system.
• A bicameral legislature (Senate and House of Representatives).
• A 36-state structure plus the FCT.
• Recognition of fundamental human rights.

Shortcomings: Often criticized as being 'military-imposed' (the preamble says 'We the people' but it was a decree). It is also criticized for over-concentrating power at the center (Unitary-federalism).