Features of post independence constitution of nigeria pdf

Myles martin post colonial literature march 5, 2014 term paper the effects of post colonialism and hybridity in a culture post colonialism is how a culture changes after ideas are dominated by new beliefs on how ways life should be. Constitutional development in nigeria from 1914 till date nigeria is unarguably one of the most influential countries in africa. There is a widened western educational gap between the north and south of nigeria with the predominantly muslim areas of the north lagging behind due to some historical antecedents. Features of post colonialism and its application on four. Germanys constitution of 1949 with amendments through 2012. Thus, the key features of the 1963 constitution were the establishment of nigeria s first republic under a parliamentary system of government by replacing the governorgeneral appointed. Exploring the missing gaps in the 1999 constitution of nigeria. Constitutional development in nigeria before independence. One glaring or major defects of the 1922 cliffords constitution was the isolation of the north from the legislative council. Features of nigeria constitutional law and development. Nigeria has had a relatively long experience in development planning beginning with the colonial development plan 195868. It highlights and emphasizes different important areas of nigerian laws and policies, talks about citizenship, the executive head, law systems, forms of elections, police force, political parties, etc. Northern nigeria was not represented in the new legislative council as it comprised members from the south alone.

History of nigerian constitutional development the. Mar 09, 2020 the constitutional development in nigeria from 1914 till date can be divided into two generation. Colony of nigeria that on the thirtieth day of september, 1960, were comprised in the federal territory of lagos. The lyttleton constitution was enacted in 1954 and it established the federal principle and paved the way for nigeria s independence in 1960. As at that time, nigeria was still following the british system of government in which there is a prime minister and a ceremonial president. The nigerian independence constitution of 1960 oldnaija. Colonial, military, civilian, human rights, political, rule, law, representative, government.

The constitution, in nigerias situation, is the supreme law of the land which all acts of individuals and of parliament must not contravene. Constitution helps those in government to do their work and it also helps the citizens to know their duties and rights. The 1999 constitution was adopted after the 1993 constitution and started the fourth republic of nigeria. Individual judgment and feeling cannot be wholly shut out of the judicial process. History of nigerian constitutional development 1914 1960. Post independence history of nigeria nigeria was granted full independence in october 1960, as a federation of three regions northern, western, and eastern under a constitution that provided for a parliamentary form of government. Features nigerian independent constitution of 1960. Merits and demerits of clifford constitution of 1922.

Thus, the key features of the 1963 constitution included the. None has bequeathed to nigeria an enduring legacy yet, of which succeeding generations can be proud. Lyttleton constitution of 1954 features, merits and demerits. An analysis grace malachi brown, phd department of history and diplomatic studies faculty of humanities rivers state university of education pmb 5047, rumuolumeni port harcourt, rivers state nigeria. The only difference were the provision for ceremonial president 1963 in place of the queen of england 1960 and the judicial appeals system which terminated with the supreme court 1963 rather than the judicial committee of the british privy council 1960. Mar 17, 2016 history of nigerian constitutional development introduction. Hybridity, when talking about post colonialism, can be described in two different ways.

National development plan of nigeria commonwealth governance. Many issues remained unresolved, especially the criteria for the division of revenue between the centre and the regions. The first truly federal system of government was established by the united states, which has greatly influenced subsequent federations. A federal legislature consisting of 184 members, which were elected directly and independently of. The first post independence national government was formed by a conservative alliance of the ncnc and the npc. Constitutional development in nigeria from 1914 till date. Preindependence constitutions in nigeria archives oldnaija.

Independence from british rule came to pass in nigeria on the 1 st of october, 1960. Get a fullyhyperlinked free pdf softcopy of the 1999 nigerian constitution, as amended. Constitution of the federation of nigeria 1960 and other. Introduction nigeria and nigerians have been caught in the frenzy of centenary celebration.

The purpose of this paper is to compare the colonial and post colonial human rights violations in nigeria and shed light on the worsening human rights situation after independence as compared to the colonial period. Powers, practice and procedure of federal supreme court. Both the 1960 independence constitution and the 1963 republic constitution were the same. What is the main difference between 1963 and 1979 constitution in nigeria. Constitution of the federal republic of nigeria financial. Founded 1963 although nigeria gained independence from the united kingdom on october 1, 1960, the nation retained the british monarch, elizabeth ii, as titular head of state until the adoption of a new constitution in 1963 declaring the nation a republic the name nigeria is derived from the word niger the name of the river that constitutes the most remarkable geographical feature. The development actually stated from 1922 and a substantial content was added in 1979. Islam reached nigeria through the borno empire between 1068 bc and hausa states around 85 ad during the 11th century, while. What changes were made in the constitution of nigeria in 1973.

Consequential modification of british nationality act. Nigerian independence was granted from great britain in 1960, but a military coup followed closely after in 1966. The ncnc, now headed by azikiwe who had taken control after macaulays death in 1946, formed a coalition with balewas npc after neither party won a majority in the 1959 elections. But if they dominate, the judicial process becomes a dangerous sham. Constitution of the federal republic of nigeria pdf download. Features of the republican constitution of 1963 nigerian. Colonial and postcolonial human rights violations in nigeria. Therefore after colonial rule and independence a federal constitutional. May 09, 2011 comparism of the precolonial constitution with the post independence constitution of nigeria, with characteristic and finding answer to why government of the centre has become so powerful vis a vis other tiers of government. Provision for the fully responsible status of the gold coast under the name of ghana. The constitution of nigeria is the supreme law of the federal republic of nigeria. The constitution of the federation of nigeria 1960 world statesmen. Aug 03, 2019 the fundamental features of nigeria constitutional law are.

A constitution is the fundamental law, written or unwritten, which establishes the character of a government. Nigeria independence act 1960 1960 chapter 55 8 and 9 eliz 2. What urgent needs have caused the changes in the act of 1963. An act to make provision for, and in connection with, the attainment by nigeria of fully responsible status within the commonwealth. As from the appointed day, the british nationality act, 1948, shall have effect a with the substitution in subsection 3 of section one thereof which provides for persons to be british subjects. The 1960 independence constitution also has other features which include. History of nigerian constitutional development the jet lawyer. Again, there is a lacuna on aspects of citizenship involving male foreigners.

There would be a nigerian president as the constitutional head of state and commanderinchief of. Upon independence, it was widely expected that ahmadu bello the sardauna of sokoto, the undisputed strong man in nigeria who controlled the north. In its entirety, a constitution is a set of organizing principles, laws or rules by which a state, country, group or region is governed. Features of the 1963 constitution both the 1960 independence constitution the 1963 republic constitution were the same. The history of nigeria can be traced to prehistoric settlers nigerians living in the area as early as 1100 bc. The purpose of this write up is to trace the source of the nigerian constitution and how it was developed from time. Who has ever seen the nigerian declaration of independence. The richards constitution of 1946 is another link in the chain of colonial or pre independence constitutions of nigeria. It is widely believed that, by comparison with other developing regions, africas post independence development record has been one of failure. The federation of nigeria shall consist of regions and a federal territory. It is the fundamental and organic law of a nation or state that establishes. In nigerian constitutions, beginning from the post independence constitution, due attention has always been given to the issue of human rights. Obasanjo, the first modifications since the document came into use in 1999.

Numerous ancient african civilizations settled in the region that is today nigeria, such as the kingdom of nri, the benin empire, and the oyo empire. A constitution is the set of fundamental laws, established to govern a country. Accordingly, on march 26, 19c7 nigeria s central legislature, the house of representatives, unanimously. Federalism remained a part of nigerias political system since independence in 1960. Powers of public service commission in relation to grant of pensions. Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void. A new constitution established a federal system with an elected prime minister and a ceremonial head of state. Nigeria has since experimented with 10 constitutions in its search for an. Key events, characteristics and themes of postcolonial nigeria overview rather than simply organizing a chronological analysis of post colonial nigeria, it is more helpful to identify key themes of the gatekeeper state in relation to the historical backdrop of the country and several key events in the late 20th century cooper 2002, 173174. What are the main features of nigeria s constitution of 1963. He stated that since its inauguration in june 2011, the 7th national assembly. Difference between 1963 and 1979 constitution in nigeria.

Nigeria was granted independence on october 1, 1960. The constitutional development in nigeria from 1914 till date can be divided into two generation. A federal legislature consisting of 184 members, which were elected directly and independently of regional assemblies. It retained the federal structure with the regions having residual powers. Part 1 below examines the evidence on this and the remainder of the paper is taken up with examining explanations of this record. It established two legislative houses at both the federal and regional levels. It is important to know that these features can be further divided depending on the area the author of any book wants to elaborate on. The 1999 constitution is regarded as a colonial constitution b pre independence constitution c independence constitution d post independence constitution. Comparism of the precolonial constitution with the post independence constitution of nigeria, with characteristic and finding answer to why government of the centre has become so powerful vis a vis other tiers of government. A constitution is also a body of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed. What are the features of nigerian 1960 constitution. Hybridity can be viewed as a mixture of groups or cultures in which. Performance of functions of prime minister during absence or illness.

However, when nigeria gained her independence on october 1 st 1960, a home made constitution known as the independence constitution of 1960 was adopted which disposed the colonial 1954 lyttleton constitution, although it retained some of its features. Tentatively, two such features or solutions can be identified. Nigeria independence act, 1960, the constitution of each region shall have the. According to the history of nigeria, there were four constitutional periods before the independence. The only difference were the provision for ceremonial president 1963 in place of the queen of england 1960 and the judicial appeals system which terminated with the supreme court 1963 rather than the judicial committee of the brishpray limit 1960. That has been the journey so far of nigeria s constitution development, from the colonial era to the current 1999 edition, as amended. The legislative powers of the nigerian state were in an act of the british parliament and not that of the nigerian parliament till nigeria became a republic in 1963. Out of the 43 years of post independence nigeria, the military has ruled the country for 29 years. Educational policy in nigeria hauwa imam educational policy in nigeria from the colonial era to the postindependence period hauwa imam1 abstract. Historical development of the nigerian constitution. Having firmly and solemnly resolve, to live in unity and harmony as one indivisible and indissoluble sovereign nation under god, dedicated to the promotion of interafrican solidarity, world peace, international cooperation and understanding. The importance of a constitution in any given society cannot be overemphasized. Educational policy in nigeria from the colonial era to the.

Under this constitution nigeria retained queen elizabeth ii as titular head of state. The lyttleton constitution was enacted in 1954 and it established the federal principle and paved the way for independence. The constitution, in nigeria s situation, is the supreme law of the land which all. This would be the document that contains the actual terms and conditions of the independence of nigeria from britain, the handover. British influence in the region began with the prohibition of slave trade to british subjects in 1807. Much of the post independence nigeria was characterized by military. Apr 17, 2016 it may thoroughly surprise most nigerians that there are disturbing questions as to who has ever seen and read the contents of whatever document the nigerian declaration of independence ndi is inserted. Nigerias constitutional development history can be divided into two epochs or. That constitution in which all its provisions are systematically and serially arranged in parts, articles and schedules is known as written constitution. The 1960 independence constitution provided for a democratic. May 18, 2011 no nigerian could be correctly called a father of nigeria. The lyttleton constitution was enacted in 1954 and it established the federal principle and paved the way for nigeria s independence in 1960 features of lyttleton constitution of 1954.

Mediumterm development plans and national rolling plans were also developed and implemented with mixed results. Under the constitution, each of the three regions retained a substantial measure of selfgovernment. Constitution is supreme and all the three organs of the governmen. This was the year nigeria assumed both political and military control of its territory. Constitutional independence 1960 nigeria s first constitution as a sovereign state was enacted by a british order in council so as to come into force immediately upon independence, on 1 october 1960. No nigerian could be correctly called a father of nigeria. A constitution is a collection of rules and regulation that govern or guide the actions of a country. Ghanas independence on march 6, 1957, clearly spurred nigerian leaders to take a fresh and bolder look at the future of their own country. How many revisions did the constitution of nigeria overcome. Constitutionalism and democratic governance in africa. In answering the above question, one may need to know briefly what is a constitution and the entity called nigeria. The approach adopted is historical, from the legislation process of 1861 of lagos colony to 1914 as the period of national formation to 1999 constitution, including the unique features of each. Explaining africas postindependence development experiences.

The military no doubt has become a major force in determining and shaping sociopolitical relations. Nigerians, born before 1960, the year of political independence, who took over leadership of the post independence nigeria, did not know how to build a nation. The act establishing the constitution was passed by the nigerian parliament, instead of the british parliament. Nigeria is one indivisible and indissoluble sovereign state to be known by the name of the federal republic of nigeria. The constitution introduced a parliamentary system of government.

There is a widened western educational gap between the north and south of nigeria with the predominantly muslim areas of. However, when nigeria gained her independence on october 1 st 1960, a home made constitution known as the independence constitution of 1960 was adopted which disposed the colonial 1954 lyttleton constitution, although it retained some of its features here are the main features of the nigerian independence constitution of 1960. Nigerias first constitution as a sovereign state was enacted by a british order in council so as to come into force immediately upon independence, on 1 october 1960. There would be a nigerian president as the constitutional head of state and commanderinchief of the armed forces to replace the queen of england. Nkrumah saw independent ghana as a spearhead for the liberation of the rest of africa from colonial rule and the establishment of a socialist african unity under his leadership. In the exercise of his functions under this constitution, the auditorgeneral.

After the founding of a republic in 1960, the state became identified with a single political party the cpp, with nkrumah, as life president of both, taking ever more power for himself. Features of 1999 constitution in nigeria updated legit. Consequential modifications with respect to development schemes, etc. Post independence history of nigeria kingdoms of nigeria. Clifford constitution of 1922 28 replies the clifford constitution of 1922 abolished the nigerian council of 1914 as it was replaced by a new legislative council through which nigerians will be given access to power via electoral principles. A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. The richards constitution of 1946 is another link in the chain of colonial or preindependence constitutions of nigeria. Features of the republican constitution of 1963 include. Colonial nigeria was the era in the history of nigeria when the region of west africa was ruled by great britain in from the midnineteenth century until 1960, when nigeria achieved independence. The current constitution was enacted on 29 may 1999, inaugurating the nigerian fourth republic. The governorgeneral was made the ceremonial head of state. Appeals to federal supreme court from sharia court of appeal and court of resolution. In 1960, nigeria adopted the independence constitution this was followed by some other. Assembly are mandated to design how local governments function.