Independence And Post Independence Constitution (1960 & 1963) SS2 Government Lesson Note

INDEPENDENCE CONSTITUTION OF 1960

Main Features And Provisions Of Independence Constitution Of 1960

i. The constitution retained the federal structure initially adopted by Lyttleton’s Constitution of 1954.

ii. The Governor-General became the Ceremonial Head of State for the Queen of England.

iii. It adopted the parliamentary system of government in Nigeria.

iv. There was a bicameral legislature for the federal and regional House of Assemblies.

v. Executive power was granted to the prime minister and premiers.

vi. The Senate was given power over money and other bills.

vii. Dual government powers existed in federal and regional governments.

viii. The constitution embodied the Fundamental Human Rights of citizens.

ix. It adopted the right approach to constitutional amendments.

x. Federal legislatures had the power to make laws during a period of emergency.

xi. Provisions for Nigerian citizenship were copiously detailed in the constitution.

xii. The process for appointing Supreme Court and high court judges through the advice of the Judicial Service Commission.

Advantages Of Achievements Of Independence Constitution

i. The attainment of nationalistic struggle was crowned with the independence constitution.

ii. It was the greatest definition of the demise of colonialism which began in the late 19th century in Nigeria.

iii. Nigeria became a sovereign state and was free to aspire to have international recognition by joining UNO, Commonwealth.

iv. Nigeria joined other nations to seek trade relations to boost Nigeria’s foreign trade and improve living standards.

v. Attainment of independence meant an increase in employment in the civil service and other sectors of the economy.

vi. The creation of a public service commission by Nigerians.

vii. Establishment of bicameralism in our legislative system at the federal and regional government levels.

viii. Introduction of accountability in the utilization of Nigeria revenue through the Ministry of Finance by the activity of the department.

Disadvantages And Weaknesses Of Independence Of 1960

i. It still retained the Queen of England as the titular or ceremonial head of state represented by the Governor-General.

ii. The privy council in Britain was the highest court of appeal for Nigeria.

iii. Members of the Senate were not directly elected but appointed by the regional government.

iv. It failed to clearly state the process and position for the creation of states, the creation of the mid-west was attended by many political tensions.

v. It was a foreign-designed constitution supervised by the retreating British colonialists.

THE FIRST REPUBLICAN CONSTITUTION OF 1963

Features Of The Republican Constitution Of 1963

i. Nigeria obtained a Republican Constitution in 1963 and some changes were introduced by the constitution.

ii. It enthroned a Republican Constitution in Nigeria.

iii. The Queen of England was no longer head of state.

iv. The Queen was replaced with the president who became Head of State and Commander–in–Chief of the Armed Forces.

v. The president is to be elected by secret ballot of the joint session of the two houses of the Federal Assembly.

vi. The Supreme Court replaced the Privy Council as the highest court of appeal in Nigeria.

vii. It strengthened the Fundamental Human Rights.

viii. It abolished the Judicial Service Commission and made the prime minister the sole appointee of judges.

ix. The Prime Minister’s office strengthened with the departure of the Governor General.

x. The office of the Governors at the regional level ceases, while the premiers assume total executive government powers.

xi. The director of public prosecution was brought under political control.

xii. Membership of the House of Senate and Representatives was increased from 44 to 56 and 305 to 312 respectively.

xii. The federal government assumed some emergency powers over the legislative arm.

xiii. The Supreme Court was given the power of judicial review.

xiv. The process for the creation of states and boundary adjustment was embodied in the 1963 Republican Constitution.

Merits Of The 1963 Republican Constitution

i. The elected president became head of state instead of the British Monarch.

ii. The constitution had an autochthonous meaning, it was a home-based or derived constitution.

iii. The Supreme Court became the final court of appeal in the land.

iv. The rights of citizens were fully guaranteed and entrenched.

v. Nigerians were in complete control of decision-making and implementation.

vi. British influence over the country in any aspect was terminated.

vii. The Supreme Court was given the power to check the excesses or unconstitutional actions of the executive and the legislature.

Demerit Of The 1963 Republican Constitution

i. The President represents a minority interest of members of the House of Representatives instead of a majority vote of the electorates.

ii. The legislative and the executive arm of government were fused.

iii. It permitted carpet crossing where elected members could easily change allegiance for personal rewards.

iv. It had parliamentary supremacy instead of constitutional supremacy.

v. The prime minister was accountable to the parliament and not to the people.

vi. It exposes the legislative system to bribery and corruption, since the legislature holds aces; they could easily be swayed to secure their compromise.