Pre-Independence History (continues)
Introduction
In the inaugural installment of this piece, we laid the foundation with the background and history of our constitutional evolution right from pre-independence, Amalgamation in (1914), followed by a brief review of the Clifford’s (1922), Richards (1946), McPherson (1951) and Lyttleton (1954) Constitutions. Today, we shall review the Constitutional Conference of 1957 and 1958 as well as the Independence Constitution of 1960, the Republican Constitution of 1963, etc. read on.
1957 and 1958 Constitution Conferences
The 1957 Conference was attended by politicians representing the various parties in power in the regions and in the Southern Cameroun. Each of the three regions was represented by ten delegates, including the three premiers – Dr. Nnamdi Azikiwe (East), Chief Obafemi Awolowo (West), and Ahmadu Bello (North) – and five Advisers, while five delegates and three Advisers represented Southern Cameroons. At this conference, it was agreed that a Prime Minister be appointed for the country for the first time. Self-government was granted both the Western and Eastern Regions in August, 1957, with the effect of having Premiers preside over their Executive Council, while the Governor was to act on the advice of the Regional Ministers. The conference also agreed on the creation of a Minorities Commission and Revenue Allocation Formula which led to the creation of the Ralsman Fisman Fiscal Commission.
The progress thus made in the 1957 Conference was reported in the Constitutional Conference of 1958, which held in Lancaster House, London (See the Report of the Nigeria Constitutional Conference 1957, Cmd.207). The 1958 Conference agreed on entrenching fundamental human rights in the next Constitution, along with dual control of centralized Police Force; creation of Nigerian citizenship; and establishment of the Senate and the Council on the Prerogative of Mercy.
Independence Constitution of 1960
By virtue of Nigeria’s Independence Act of 1960, the British parliament conceded independence to Nigeria with full status within the Commonwealth commencing from 1st October, 1960. Under the 1960 Constitution which entrenched federalism, section 2 stated that Nigeria shall consist of Regions and a Federal Territory (The Nigerian (Constitution) Order-In-Council, 1960). These were the Northern, Western and Eastern Regions, while the Federal Territory was made up of the erstwhile British Colony of Lagos.
By this Constitution, the executive authority of the Federation was vested in Her majesty, but exercisable on her behalf by the Governor-General who was Commander-In-Chief of the Federation, and the Former’s Representative In Nigeria. While the Governor-General, the Prime Minister, Ministers, the Senate and House of Representatives held reins of Government at the centre, the Governor, Prime Minister, Regional Ministers, the House of Assembly and the House of Chiefs did the same in each of the Regions.
The 1960 Constitution maintained the characteristic features of a federal system with residual powers falling to the regions, while both the central and regional governments operated the bicameral Westminster model type of parliamentary government. In essence, the 1960 Constitution was a colonial Order-In-Council which conferred independence on Nigeria, introduced a monarchical democracy with the Queen of England as the Head of State, the office of the Prime Minister and a bicameral Legislature in all the regions. It was therefore not a home-grown Constitution of Nigeria by Nigerians.
Post-Independence History
The Republican Constitution Of 1963
Upon the commencement of the 1960 Independence Constitution, wranglings and agitations persisted, seeking at least further breakdown of the regions into smaller units. Discussions were held, and the Federal Government thereafter published its proposals for the Constitution in 1963.
By 1st October, 1963, a new Constitution came into being (The Constitution of the Federation of Nigeria, 1963, No. 20 of 1963), through which Nigeria became a Republic, with a President as the Head of state and the repository of the federal executive power, rather than the Queen of England. The executive authority of a region became vested in a Regional Governor. Thus, every Nigerian Citizen owed allegiance not to the British Crown, but to the Federal Republic of Nigeria.
Perhaps, the salient features of the 1963 Constitution are that it is Republican, autochthonous (home-made) and rigid. It was a mere amendment to the 1960 colonial Constitution, to change from non-ruling monarchy to a non-ruling executive President and Republicanism. It replaced the Privy Council with the Nigerian Supreme Court as the highest Court of the land. It also made provisions for fundamental human rights, rule of law, common citizenship, separation of powers, revenue allocation, independent judiciary, bicameral legislature, etc.
The 1966 military incursion
On the 15th day of January, 1966, the military seized the reigns of power of the government of the Federal Republic of Nigeria. This military takeover of political power led to profound constitutional changes, ushering in a series of events which culminated in the promulgation of the Constitution (Suspension and Modification). See Section 3(1) of Decree No 1 of 1966, by which certain sections of the 1963 Republican Constitution were either outrightly suspended or modified by Decrees. The part of the Constitution dealing with fundamental rights was suspended and the rule of force prevailed instead of the constitutionally entrenched rule of law.
The 1979 Constitution
The first major steps towards the making of the 1979 Constitution was the setting up of a Constitution Drafting Committee (CDC) in September, 1975. The CDC, often referred to as the “49 wise men” were tasked with producing a draft Constitution for Nigeria, for submission to the Supreme Military Council.
Another significant step was the establishment of the Constituent Assembly Decree No.50 of 1977 in August, 1977, with full powers to deliberate upon the Daft Constitution drawn up by the CDC. The Constituent Assembly composed of three categories of membership, namely the elected, nominated and Constitution Drafting Committee elements. The then newly reorganized Local Governments acted as Electoral College for the 200 elected members, whilst the then Supreme Military Council also nominated 20 members. (See Daily Times Newspaper of 2nd October, 1976, pp.20-21). The Constituent Assembly deliberated on the Constitution from October, 1977, to July, 1978. Thereafter, the Federal Military Government vetted, approved and promulgated it in 1978, to take effect from October 1, 1979.
The most profound asset in favor of the 1979 Constitution, therefore, is that it was (at least, nearly) ‘home-made’. Some of the salient features of the 1979 Constitution is that, unlike the previous Constitutions, it was contained in one single document applicable to the entire territory of Nigeria. It made provisions for one single indivisible sovereign state to be known as Federal Republic of Nigeria with an elected executive President. (See Section 2, Constitution of the Federal Republic Of Nigeria, 1979). It transformed Nigeria from a Parliamentary West Minister System of government to a Presidential system, borrowed essentially from the United States of America.
The 1999 Constitution
It is important to note here, that prior to the 1999 Constitution, there were also the ‘still born’ 1989 and 1995 Constitutional making exercises (even though aborted). The 1999 Constitution has been plagued with diverse controversies right from the moment of its promulgation in May, 1999. The Constitution in its preamble, boldly proclaims as follows:
“WE THE PEOPLE of the Federal Republic of Nigeria….DO HEREBY MAKE, ENACT AND GIVE TO OURSELVES the following Constitution”.
It is a notorious fact among the Nigerians that a few persons headed by the late Hon. Justice Niki Tobi selected by the then military junta, the Provisional Ruling Council, headed by General Abdulsalami Abubakar, collected and collated some views, and wrote a mysterious report. The then Military Government of General Abdulsalami Abubakar, thereafter, made, enacted and gave to the Nigerian people the Constitution, which also imparted substantial provisions of the 1979 Constitution (See I.O. Smith, The Constitution of the Federal Republic of Nigeria Annotated (1999) p.1).
It is interesting to note that the document (promulgated into a new Constitution by the Constitution of the Federal Republic of Nigeria (Promulgation) Decree No 24 of 1999), was in fact hidden from Nigerians, until a few days before the handover date of 29th May, 1999, on which day the document took effect. Thus, the present group of political rulers did not even know what their functions and powers were expected to be long after they were elected to perform those duties and to exercise those powers. The 1999 Constitution equally contains several ambiguities, loopholes and disharmonious provisions which have consistently failed to calm the polity.
Going a bit biblical, the Bible is composed of two sections: The Old Testament and The New Testament. In the Old Testament era, the people were judged, governed and reigned over by God Himself, according to the letters and the spirit of the Old Testament (Constitution). In short, people lived and died by the laws and statutes of the biblical Constitution. However, when the circumstances of the people failed to get better, when the people were not fully enabled, equipped, empowered and deployed by the Constitution of the Old Testament, God decided (not to amend, but) to replace the Testament completely. God chaired the writing of the Old Testament of the Bible; yet, He chose to replace it with a completely New Testament (Constitution). Hear this:
“For on the one hand there is an annulling of the former commandment (constitution) because of its weakness and unprofitableness. For the law made nothing perfect; on the other hand, there is the bringing in of a better hope (constitution), through which we draw near to God”.
Are the Politicians in Nigeria wiser than God? NO. A weak and unprofitable Constitution should not be amended (edited), as we have always done through the years; but must be wholly replaced. The United States of America followed the right steps in enacting their own constitution in 1788, and they have stayed true to it for over 230 years. Until we retrace our steps in Nigeria, we might end up moving round in circles, like the Barber’s Chair, without meaningful or visible progress.
The National Lawmakers should not become merely attuned to amending or altering the Constitution of the country. They should be preoccupied with making contemporary laws that will shape our technological advancements, economic growth, military development and educational improvements. What Nigeria needs is a totally new Constitution that is at once autochthonous as it is participatory. The outcome would therefore be subjected to a popular referendum or plebiscite of the people.
The Nigerian Constitution is built on the principles of Rule of Law, Democracy and Politics. There is no gain saying that Nigeria is enmeshed in an imbroglio of constitutionalism. We are yet to imbibe the ethics of constitutional adherence. There is an unbridled infringement of basic constitutional principles and the multiplier effect of this unwholesome situation tells eloquently on our political, economic and social condition. I now wish to consider how these principles have thrived in Nigeria.
(To be continued).
Thought for the week
“We, the people, are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution”.
(Abraham Lincoln)