Post 1960 Constitution - Myschoolpress

Topic: Post 1960 Constitution

WEEK: 5

Introduction

Post 1960 constitution refers to the set of legal frameworks that governed Nigeria after it gained independence from British colonial rule in 1960. Following independence, Nigeria went through several constitutional changes, each aimed at addressing the country’s unique challenges and aspirations. The post-1960 constitutions were aimed at creating a democratic system of government, promoting national unity, and addressing the country’s social, economic, and political challenges. Despite these noble intentions, the post-1960 constitutions were plagued with several weaknesses and shortcomings, which contributed to the country’s political instability, ethnic tensions, and economic underdevelopment. In this regard, a critical analysis of the post-1960 constitutions is crucial in understanding Nigeria’s political history and identifying the lessons that can be learned to create a more stable and prosperous nation.

1963 Republican Constitution

The 1963 Republican Constitution was the second constitution of Nigeria and was adopted on October 1, 1963, following the country’s proclamation of a republic. The constitution was enacted to replace the 1960 Independence Constitution and was the legal framework for Nigeria until the 1966 military coup.

the 1963 Republican Constitution provided a more robust legal framework for Nigeria than the 1960 Independence Constitution. However, it was not immune to the political instability and ethnic tensions that plagued the country in the following years.

Features of The 1963 Republican Constitution

Republican Status: The 1963 Constitution made Nigeria a republic, with the President as the Head of State and Commander-in-Chief of the Armed Forces.
Federal System: The constitution retained the federal system of government, with power shared between the central government and regional governments.
Bicameral Legislature: The constitution provided for a bicameral legislature consisting of a Senate and a House of Representatives.
Electoral System: The constitution established an electoral commission to conduct elections and provided for the establishment of an electoral tribunal to handle electoral disputes.
Fundamental Rights: The constitution included a Bill of Rights, which protected the fundamental human rights of Nigerian citizens.
Citizenship: The constitution defined the criteria for Nigerian citizenship, which included being born in Nigeria or having a Nigerian parent.
Judicial System: The constitution provided for an independent judiciary, with the Supreme Court as the final court of appeal.
Exclusive and Concurrent Legislative Lists: The constitution provided for exclusive and concurrent legislative lists, which defined the powers of the central government and regional governments.

Advantages or Achievements of 1963 Republican Constitution

Federal System of Government: The 1963 Republican Constitution introduced a federal system of government in Nigeria. This allowed for power to be shared between the central government and the regional governments, thereby creating a more decentralized system of government.
Creation of Regions: The constitution also created four regions in Nigeria – the Northern, Eastern, Western and Midwestern regions. This allowed for greater autonomy and development within each region.
Parliamentary System of Government: The constitution introduced a parliamentary system of government in Nigeria. This meant that the Prime Minister and other ministers were accountable to the legislature, which ensured a more transparent and democratic system of governance.
Fundamental Human Rights: The constitution also included provisions for the protection of fundamental human rights such as freedom of speech, association, and religion.
Electoral System: The constitution established a transparent and fair electoral system which allowed for the participation of all eligible citizens in the democratic process.
Minority Rights: The constitution recognized the rights of minority groups and provided for their representation in government.
Independent Judiciary: The constitution established an independent judiciary, which ensured the separation of powers and the rule of law.
Resource Control: The constitution provided for the control of resources by the regions, which allowed for greater development and self-reliance.

Disadvantages/ Problems / Weakness of 1963 Republican Constitution

Limited Regional Autonomy: Although the 1963 Constitution granted regional autonomy to the country’s three regions, it was limited in scope. The central government still had significant control over the regions, particularly in matters of finance, defense, and foreign policy.
Unequal Representation: The constitution’s electoral system favored the Northern Region, which had the largest landmass and population. This meant that the region had more representation in the federal government than the other regions, despite having similar levels of economic development.
Weak Judiciary: The judiciary was weakened by the constitution’s provisions, which allowed the federal government to appoint judges to the high court of each region. This gave the federal government too much control over the judiciary and reduced its independence.
Limited Executive Powers: The powers of the President, who was the head of state and commander-in-chief of the armed forces, were limited by the constitution. The President was required to consult with the Prime Minister before making any major decision, which could lead to delays in decision-making.
No Bill of Rights: The constitution did not have a Bill of Rights that would have protected the fundamental human rights of Nigerian citizens. This made it easier for the government to violate the rights of its citizens.
Weaknesses in Revenue Allocation: The constitution’s provisions on revenue allocation were weak, leading to disputes between the regions over the sharing of resources. This contributed to tensions between the regions and exacerbated the country’s ethnic and religious divisions.
Inadequate Checks and Balances: The constitution did not provide adequate checks and balances on the powers of the federal government, which could lead to abuse of power.

The 1979 Constitution

The 1963 Republican Constitution was Nigeria’s second constitution after the country gained independence from British colonial rule in 1960. While it was considered an improvement over the previous constitution, it had several disadvantages. It was written in 1975 by a group of 49 people led by Rotimi Williams.

Features of the 1979 Constitution

Preamble: The constitution had a preamble that outlined the objectives, values and aspirations of the Nigerian people.
Federalism: Nigeria is a federal state, with power shared between the federal government and the states. Each state had its own government and legislature.
Presidential System of Government: The constitution provided for a presidential system of government, with the President as the head of state and government.
Separation of Powers: The constitution provided for the separation of powers between the executive, legislative and judicial branches of government.
Fundamental Human Rights: The constitution guaranteed fundamental human rights such as freedom of speech, association and religion.
Citizenship: The constitution defined who is a Nigerian citizen and the conditions for acquiring or losing citizenship.
Judiciary: The constitution established an independent judiciary with the power to interpret the constitution and enforce the law.
Electoral Commission: The constitution created an electoral commission to oversee elections and ensure they are free and fair.
National Assembly: The constitution provided for a bicameral National Assembly, consisting of the Senate and the House of Representatives.
Revenue Allocation: The constitution outlined how revenue was to be allocated between the federal government and the states.
Local Government: The constitution recognized the importance of local government and provided for a system of democratically elected local government councils.
Impeachment: The constitution provided for the impeachment of the President or Vice President for gross misconduct or violation of the constitution.

Advantages or Achievements of The 1979 Constitution

Presidential System: The 1979 Constitution introduced a presidential system of government which replaced the parliamentary system of government in the 1963 Constitution. This allowed for the separation of powers between the executive, legislative, and judiciary branches of government, making the government more accountable and transparent.
Bill of Rights: The 1979 Constitution contained a Bill of Rights which provided for fundamental human rights such as the right to life, the right to freedom of expression, the right to own property, and the right to a fair trial. This helped to protect the rights of citizens and promote social justice.
Decentralization of Power: The 1979 Constitution devolved more power to the states, which allowed for greater autonomy and self-determination. This helped to promote the development of different regions of the country and reduced the concentration of power at the federal level.
Establishment of the Federal Character Principle: The 1979 Constitution introduced the Federal Character Principle which aimed to ensure that appointments to public offices reflect the diversity of the country. This helped to promote national unity and reduce ethnic and regional tensions.
Independent Electoral Commission: The 1979 Constitution established an Independent National Electoral Commission (INEC) which was responsible for organizing and conducting free and fair elections. This helped to ensure that elections were transparent and credible.
Creation of the Court of Appeal: The 1979 Constitution established the Court of Appeal which provided an avenue for citizens to appeal decisions made by lower courts. This helped to improve the efficiency and effectiveness of the judiciary and promoted the rule of law.

Disadvantages or Weakness of The 1979 Constitution

Weaknesses in the Presidential System: The constitution created a presidential system of government with a strong executive, but it did not provide sufficient checks and balances on the president’s power. The constitution vested extensive powers in the president, including the power to dissolve the National Assembly, declare a state of emergency, and appoint officials, which could lead to abuse of power.
Inadequate Representation: The constitution did not adequately represent the diverse ethnic and cultural groups in the country. The structure of government was heavily skewed towards the centre, with little power devolved to the states, and the distribution of resources was inequitable, leading to feelings of marginalization and alienation among some groups.
Centralization of Power: The constitution concentrated too much power at the centre, leading to a lack of autonomy for the states and local governments. The states and local governments were dependent on the federal government for funding and policy direction, which undermined their ability to develop independently.
Weak Judicial System: The constitution did not provide for an independent and strong judiciary to ensure that the rule of law was upheld. The judiciary was subject to political interference, and judges were often appointed based on political considerations rather than merit.
Lack of Participation: The constitution did not encourage citizen participation in the political process. The political parties were weak, and elections were often marred by fraud and violence, leading to a lack of faith in the democratic process.
Inadequate Protection of Human Rights: The constitution did not provide sufficient protection for human rights, particularly for vulnerable groups such as women and children. Discrimination on the basis of gender, ethnicity, and religion was not adequately addressed, and there was a lack of protection for fundamental freedoms such as freedom of speech and assembly.

The 1989 Presidential Constitution

The 1989 Constitution was promulgated by General Ibrahim Babangida, who was the military head of state at the time. It replaced the 1979 Constitution and was intended to transition the country back to civilian rule.

The 1989 Constitution was criticized for several reasons, including its lack of popular participation, as it was not subjected to a referendum or a constituent assembly. It also contained several controversial provisions, including the creation of two political parties, which were seen as a means of controlling the political space by the military regime. The constitution also introduced a system of local government that was widely viewed as undemocratic and centralizing.

Ultimately, the 1989 Constitution failed to achieve its intended purpose of transitioning Nigeria back to democratic governance. Instead, it was replaced by the 1999 Constitution, which was drafted by a constituent assembly and adopted by a popular referendum after the military handed over power to a democratically-elected government.

Features of the 1989 Constitution

Presidential System of Government: The 1989 Constitution proposed a presidential system of government, which is a form of government where the president is the head of state and head of government.
Separation of Powers: The Constitution provided for the separation of powers between the executive, legislative, and judicial branches of government, with each having their distinct functions.
Federal System of Government: The Constitution proposed a federal system of government, where power is shared between the central government and the states.
Bill of Rights: The Constitution provided for a bill of rights, which contained provisions for the protection of individual liberties and rights.
Citizenship: The Constitution defined who could be a citizen of Nigeria, and the process of acquiring citizenship.
Independent Electoral Commission: The Constitution proposed the creation of an independent electoral commission to oversee elections in the country.
Local Government: The Constitution provided for the establishment of a system of local government in Nigeria.
National Assembly: The Constitution proposed the creation of a bicameral National Assembly, consisting of a Senate and House of Representatives.
Judiciary: The Constitution provided for the establishment of a federal judiciary, headed by the Supreme Court, with power to interpret the Constitution and resolve disputes between the different branches of government.
Revenue Allocation: The Constitution proposed a revenue allocation formula for the sharing of resources between the federal government and the states.

The 1999 Presidential Constitution

The 1999 Constitution of the Federal Republic of Nigeria is the supreme law of Nigeria, which outlines the framework for the government, the rights and duties of the citizens, and the relationship between the government and the people.

The fourth republic was thrown out by the constitution of 1999. The constitution was made by the government of Obasanjo.

Features of the Constitution of 1999:

Presidential System of Government: The 1999 Constitution provides for a presidential system of government, where the President is the head of state and head of government.
Separation of Powers: The Constitution provides for the separation of powers between the executive, legislative, and judicial branches of government, with each having their distinct functions.
Federal System of Government: The Constitution provides for a federal system of government, where power is shared between the central government and the states.
Bill of Rights: The Constitution provides for a bill of rights, which contains provisions for the protection of individual liberties and rights.
Citizenship: The Constitution defines who can be a citizen of Nigeria, and the process of acquiring citizenship.
Independent Electoral Commission: The Constitution provides for the creation of an independent electoral commission to oversee elections in the country.
Local Government: The Constitution provides for the establishment of a system of local government in Nigeria.
National Assembly: The Constitution provides for the creation of a bicameral National Assembly, consisting of a Senate and House of Representatives.
Judiciary: The Constitution provides for the establishment of a federal judiciary, headed by the Supreme Court, with the power to interpret the Constitution and resolve disputes between the different branches of government.
Revenue Allocation: The Constitution provides for a revenue allocation formula for the sharing of resources between the federal government and the states.
Fundamental Objectives and Directive Principles of State Policy: The Constitution provides for the fundamental objectives and directive principles of state policy, which are guidelines for the government to promote the welfare of the citizens.
Impeachment: The Constitution provides for the impeachment of the President, Vice President, Governor, and Deputy Governor for gross misconduct or violation of the Constitution.
Constitutional Amendments: The Constitution provides for the amendment of the Constitution, which can be done through a two-thirds majority vote of the National Assembly or a referendum.

advantages or Achievements of The 1999 Presidential Constitution

It provided a democratic structure: The 1999 Presidential Constitution introduced a democratic structure of government in Nigeria, which marked the end of years of military rule in the country. It established a presidential system of government, where the president is the head of state and head of government.
It protected the rights of citizens: The Constitution provides for the protection of the fundamental human rights of Nigerian citizens. These rights include the right to life, liberty, and security of the person, as well as freedom of speech, assembly, and association.
It established the Federal System: The Constitution established a federal system of government in Nigeria. This system decentralizes power and authority, allowing for the creation of state and local governments. This arrangement promotes a sense of inclusion and participation by citizens in governance.
It created an independent judiciary: The 1999 Presidential Constitution created an independent judiciary in Nigeria, which is charged with interpreting and enforcing the law. This ensures that justice is served in a fair and impartial manner.
It provided for the separation of powers: The Constitution provided for the separation of powers among the three arms of government – the executive, the legislature, and the judiciary. This ensures a balance of power and accountability among the three branches of government.
It established the National Assembly: The Constitution established the National Assembly, which comprises the Senate and the House of Representatives. This provides a forum for debate and decision-making on national issues.
It established an electoral system: The 1999 Presidential Constitution established an electoral system in Nigeria, which provides for free and fair elections. This has enabled the country to conduct several successful elections since the Constitution was enacted.

Disadvantages or Weakness OF The 1999 Presidential Constitution

The concentration of Power: The constitution concentrates too much power in the hands of the President and the Federal Government, leaving the states with limited power and resources. This has led to a lack of autonomy and insufficient representation for the states.
Lack of Effective Checks and Balances: The constitution does not provide for an effective system of checks and balances to prevent abuse of power by the Executive. This has led to a situation where the President and other federal officials can act with impunity and without proper oversight.
Corruption: The constitution does not effectively address the issue of corruption in government, which has become a major problem in Nigeria. There are insufficient mechanisms in place to hold public officials accountable for their actions.
Inadequate Protection of Human Rights: The constitution does not adequately protect the human rights of citizens, particularly those belonging to minority groups. This has led to discrimination, persecution, and abuse of marginalized communities.
Weak Judiciary: The constitution does not provide for an independent and effective judiciary. The judiciary is subject to political influence, and there have been instances of judges being removed from office for political reasons.
Lack of Fiscal Federalism: The constitution does not provide for a fair distribution of resources between the federal government and the states. This has resulted in a situation where some states are economically disadvantaged and lack the resources to provide basic services to their citizens.
Limited Participation in Democracy: The constitution does not provide for full participation in democracy. The electoral system is not transparent, and there are limited opportunities for citizens to participate in the political process.
Regional Imbalances: The constitution perpetuates regional imbalances in political power, economic development, and access to resources. This has led to a situation where some regions of the country are more prosperous and politically powerful than others