Post-1960 Constitution – JSS3 Civic Education Lesson Note (First Term)

The post-1960 constitutions in this lesson are the 1979, 1989 and 1999 constitutions, the three documents Nigeria made after independence to set up a presidential system of government.

Behavioural objectives

By the end of the lesson, students should be able to:

1. define a constitution and the presidential system of government;
2. state the features of the 1979 constitution;
3. list the achievements of the 1979 constitution;
4. state the features of the 1989 constitution;
5. state the features of the 1999 presidential constitution.

What is a constitution?

A constitution is the supreme document that sets out how a country is governed and what rights citizens have.

• Structure of government: it names the organs of government and their powers.
• Rights and duties: it states the rights and duties of citizens.
• Supremacy: every law and every public officer must obey it.

What is the presidential system of government?

The presidential system is a system in which an elected president is both head of state and head of government.

• Executive president: one person leads the country and the government.
• Separate organs: the executive, legislature and judiciary work separately.
• Fixed term: the president is elected for a set number of years.
• Earlier system: the 1960 and 1963 constitutions used the parliamentary system instead.

What were the features of the 1979 constitution?

The 1979 constitution was the first Nigerian constitution to introduce the presidential system of government.

1. It provided for the office of the executive president, who was the head of state and commander-in-chief of the Nigerian armed forces.
2. The executive president was both the head of state and the head of government.
3. It introduced the presidential system of government.
4. It provided for the office of the vice president.
5. The president had a maximum of two terms of four years each.
6. There was a clear separation of powers among the organs of government.
7. Fundamental human rights were provided in the constitution.
8. It provided for elections at the local government level.
9. It initiated the federal character principle.

Key terms in the 1979 constitution

• Separation of powers: the executive, legislature and judiciary each have their own functions, so no one organ holds all power.
• Fundamental human rights: basic rights every citizen enjoys, such as the right to life and freedom of movement.
• Federal character principle: a rule that government appointments should reflect the fair representation of all states and peoples of Nigeria.
• Commander-in-chief: the highest authority over the armed forces.

What were the achievements of the 1979 constitution?

The main achievement of the 1979 constitution was the creation of an elected executive president within a clear system of separated powers.

1. It created the office of an executive president who was to be properly elected.
2. There was a clear separation of powers and functions among the organs of government.
3. The 1979 constitution was supreme.
4. It provided for a new federal capital territory called Abuja.
5. It made provision for the rights of Nigerians.

What were the features of the 1989 constitution?

The 1989 constitution was the constitution that introduced a two-party system in Nigeria.

1. It introduced a two-party system.
2. Legislative houses were to be part-time.
3. It retained the presidential system of government.
4. Fundamental human rights were provided in the constitution.
5. The minimum qualification for major political offices was a school certificate.

Key terms in the 1989 constitution

• Two-party system: only two political parties are allowed to contest elections.
• Part-time legislature: lawmakers do not work full time, so sittings are held for limited periods.
• School certificate: the lowest level of education accepted for holders of major political offices.

What were the features of the 1999 presidential constitution?

The 1999 constitution is the constitution Nigeria uses today, and it retained the presidential system of government.

1. It retained the presidential system of government.
2. It provided for 36 states and the Federal Capital Territory, Abuja.
3. It provided for the independence of the judiciary.
4. It retained a bi-cameral legislature, the Senate and the House of Representatives.
5. Fundamental human rights were provided in the 1999 constitution.

Key terms in the 1999 constitution

• Bi-cameral legislature: a lawmaking body with two houses, the Senate and the House of Representatives.
• Independence of the judiciary: judges and courts decide cases freely, without orders from the executive or legislature.
• Federal Capital Territory: the area of Abuja, which is not part of any state.

How do the 1979, 1989 and 1999 constitutions compare?

The three constitutions share the presidential system and human rights, but each has its own main feature.

Evaluation

1. Mention five features of the 1979 constitution.
2. What were the achievements of the 1979 constitution?
3. What were the features of the 1989 constitution?
4. Mention the features of the 1999 presidential constitution.
5. State two things the 1979, 1989 and 1999 constitutions have in common.

Assignment

Read Fundamentals of Civic Education for Basic 8 by Sola Akinyemi, pages 138 to 139, then answer the questions below.

Objective questions

1. Nigeria started with the presidential system in A. 1960 B. 1963 C. 1989 D. 1979.
2. Who among the following was the first executive president of Nigeria? A. Shehu Shagari B. Obafemi Awolowo C. Abubakar Tafawa Balewa D. Nnamdi Azikiwe.
3. The 1989 constitution provided for a ___ party system. A. multi B. one C. two D. zero.
4. All the following were the achievements of the 1979 constitution except A. It made provision for human rights B. The 1979 constitution was not supreme C. It made provision for a new Federal Capital Territory D. There was a clear separation of powers.
5. The 1999 constitution retained __________ system of government in Nigeria. A. unitary B. military C. parliamentary D. presidential.

Theory questions

1. What were the achievements of the 1979 constitution?
2. Identify the features of the 1999 constitution.