Constitutional Development III – SS2 Government Lesson Note (Second Term)

The Lyttelton Constitution of 1954 was Nigeria’s first federal constitution. It created regional premiers, gave regional legislatures law-making powers, divided powers between the central and regional governments, and made the regional heads Governors. The 1957 London Constitutional Conference later reviewed it and agreed on self-government for the East and West and the office of prime minister.

Behavioural objectives

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

1. State the main features of the Lyttelton Constitution of 1954.
2. Describe its important provisions, including the Federal House of Representatives and the division of powers.
3. List its defects and achievements.
4. State the main outcomes of the 1957 London Constitutional Conference.
5. Explain how those decisions were put into effect.

What was the Lyttelton Constitution of 1954?

The defects of Macpherson’s constitution led to two constitutional conferences in 1953 and 1954, the first in London and the other in Lagos. Far-reaching conclusions were agreed on the structure of Nigeria’s federation and the status of Lagos as a Natural Federal Unit.

The Lyttelton Constitution came into effect in October 1954.

Features of the Lyttelton Constitution

The main features and important changes made by the constitution were as follows:

1. It was the first federal constitution adopted by Nigeria.
2. The lieutenant governors of the various regions became known as Governors.
3. The Governor became known as the Governor-General of the Federation of Nigeria.
4. The offices of speaker and deputy speaker were established in the regional legislatures, except in the North.
5. The public service, marketing boards and the judiciary were regionalised.
6. The office of regional premier was established.
7. Regional legislatures were given law-making powers.
8. The numbers of both official and appointed members were reduced in the central and regional legislatures and in the executive council.
9. No provision was made for the office of prime minister.
10. Powers were divided between the central government and the regions.
11. The revenue sharing formula was revised.
12. Southern Cameroons was granted both administrative and legislative provisions.

Important provisions of the Lyttelton Constitution

1. Federal House of Representatives: A central legislative body of 184 members, directly elected on a single-member constituency basis. The North provided 92, the East and West 42 each, Southern Cameroons 6 and Lagos 2.
2. Federal Council of Ministers: It was composed of the Governor-General, 3 official members, 3 ministers from each region and 1 from Southern Cameroons. The Governor-General picked the ministers from the Federal House of Representatives on the advice of the regional executive.
3. Regional Executive Councils: The Governor appointed the leaders of the parties with the majority as the regions’ premiers. Regional Governors presided over the regional executive meetings, with ministers appointed on the advice of the premiers.
4. Regional Legislatures: The bicameral feature was retained for the Northern and Western Assemblies, and the East kept a unicameral legislature.
5. Division of Powers: The constitution divided powers between the central and regional governments of the federation. The exclusive list gave the central government control over mining, railways, customs, foreign relations and similar matters. The concurrent list was for the federal and regional governments. The residual list was meant for the regions.

Defects or weaknesses of the Lyttelton Constitution

1. It made no provision for the office of prime minister, and still made the Governor-General President of the Council of Ministers.
2. It did not provide for a second chamber in the Federal Legislative House.
3. None of the leaders of the major political parties was in the council of ministers. Those appointed to it would therefore continue to take instructions from the regions, where their party leaders were stationed.
4. It did not address the imbalance created by the Richards Constitution, which made the North twice the size of the whole South. The effect of this structure is still a political problem in the country.
5. It did not provide for a uniform electoral system for the country.
6. It still vested veto power in the Governor-General and the regional Governors.
7. It regionalised the public service, thereby making the regions stronger than the central government.

Achievements or merits of the Lyttelton Constitution

1. It introduced a federal structure in Nigeria.
2. It established the offices of speaker and deputy speaker.
3. It introduced direct election into the federal and regional legislatures.
4. Ministers were made heads of departments.
5. It created the posts of permanent secretaries and parliamentary secretaries in the federal and regional civil service administration.
6. It separated Lagos and Southern Cameroons from the West and East respectively.
7. It raised the status of the Governor to Governor-General, and of the Lieutenant Governors to Governors.
8. It effectively prepared Nigeria for Independence.
9. The regional legislatures were granted real law-making powers.
10. There was a clear-cut division of powers between the central and regional governments.
11. It created a dual civil service and judicial administration.

What was the London Constitutional Conference of 1957?

This conference was convened to discuss issues arising from the 1954 Lyttelton Constitution.

Outcomes of the 1957 Constitutional Conference

1. The Eastern and Western regions were to be granted self-government immediately after the conference.
2. The North would attain self-government in 1959.
3. The office of prime minister of the federation was to be created.
4. The Eastern region was to have a House of Chiefs, in line with the Northern and Western regions.
5. A Senate was to be created at the central legislature, making it bicameral.
6. Southern Cameroons was to be made a region with a premier.
7. Membership of the Federal House of Representatives was to be enlarged from 184 to 320 at the expiration of its term.
8. Election into the federal and regional legislatures for the East, West, Lagos and Southern Cameroons was to be by universal adult suffrage, but election into the Northern legislature was to be by adult male suffrage.
9. A commission of inquiry was to be set up to look into the affairs of each region.
10. The Governor-General was to appoint an ad hoc committee to divide the country into single-member constituencies.
11. The government in each region should appoint premiers from the majority representation in the regional houses of assembly.
12. The Governor-General was to appoint as prime minister the person whose party secured a majority in the House of Representatives.

Effects and implementation of the decisions of the 1957 Constitutional Conference

1. The Eastern and Western regions attained self-government on 8 August 1957.
2. On 2 September 1957, Alhaji Abubakar Tafawa Balewa, deputy leader of the NPC, was appointed prime minister of the federation by the Governor-General.
3. Southern Cameroons became a separate region with its own premier.
4. Prime Minister Alhaji Abubakar Tafawa Balewa formed a coalition national government made up of the NPC, NCNC and AG.
5. All ex-officio British officials ceased to be members of the executive council, except the Governor-General.
6. The reserved and veto powers of the Governor-General were withdrawn.
7. The Willinks Commission was set up to examine the fears of the minority groups.

Evaluation

1. State five features of the Lyttelton Constitution of 1954.
2. How were the 184 seats in the Federal House of Representatives shared among the regions, Southern Cameroons and Lagos?
3. Name the three lists into which powers were divided under the constitution.
4. State four defects of the Lyttelton Constitution.
5. Who was appointed prime minister of the federation in 1957, and which parties formed the coalition government?

Assignment

1. Explain four achievements of the Lyttelton Constitution.
2. List five decisions of the 1957 London Constitutional Conference and state which of them were put into effect.