Independence and Post Independence Constitution (1960 & 1963) – SS2 Government Lesson Note (Second Term)

The Independence Constitution of 1960 made Nigeria a sovereign state with a parliamentary system and a federal structure, while the Queen of England remained head of state. The 1963 Republican Constitution replaced the Queen with a president and made the Supreme Court the highest court of appeal. This note covers the features, advantages and weaknesses of both.

Behavioural objectives

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

1. State the main features of the Independence Constitution of 1960.
2. Give the advantages and disadvantages of the Independence Constitution of 1960.
3. State the main features of the Republican Constitution of 1963.
4. Explain the merits and demerits of the Republican Constitution of 1963.
5. Describe the differences between the 1960 and 1963 constitutions in the position of the head of state and the highest court of appeal.

What was the Independence Constitution of 1960?

Main features and provisions of the Independence Constitution of 1960

1. The constitution retained the federal structure initially adopted by Lyttelton’s Constitution of 1954.
2. The Governor-General became the ceremonial head of state for the Queen of England.
3. It adopted the parliamentary system of government in Nigeria.
4. There was a bicameral legislature for the federal and regional Houses of Assembly.
5. Executive power was granted to the prime minister and premiers.
6. The Senate was given power over money and other bills.
7. Dual government powers existed in the federal and regional governments.
8. The constitution embodied the fundamental human rights of citizens.
9. It adopted the right approach to constitutional amendments.
10. Federal legislatures had the power to make laws during a period of emergency.
11. Provisions for Nigerian citizenship were copiously detailed in the constitution.
12. Supreme Court and high court judges were appointed on the advice of the Judicial Service Commission.

Advantages of the Independence Constitution

1. The attainment of the nationalist struggle was crowned with the independence constitution.
2. It was the greatest definition of the demise of colonialism, which began in Nigeria in the late 19th century.
3. Nigeria became a sovereign state and was free to seek international recognition by joining the UNO and the Commonwealth.
4. Nigeria joined other nations to seek trade relations, to boost its foreign trade and improve living standards.
5. Independence meant an increase in employment in the civil service and other sectors of the economy.
6. A public service commission was created by Nigerians.
7. Bicameralism was established in the legislative system at the federal and regional levels.
8. Accountability was introduced in the use of Nigeria’s revenue through the Ministry of Finance.

Disadvantages and weaknesses of the Independence Constitution of 1960

1. It still retained the Queen of England as the titular or ceremonial head of state, represented by the Governor-General.
2. The Privy Council in Britain was the highest court of appeal for Nigeria.
3. Members of the Senate were not directly elected but appointed by the regional governments.
4. It failed to state clearly the process and position for the creation of states, and the creation of the Mid-West was attended by many political tensions.
5. It was a foreign-designed constitution supervised by the retreating British colonialists.

What was the First Republican Constitution of 1963?

Features of the Republican Constitution of 1963

1. Nigeria obtained a Republican Constitution in 1963, which introduced some changes.
2. The Queen of England was no longer head of state.
3. The Queen was replaced with the president, who became head of state and Commander-in-Chief of the Armed Forces.
4. The president was to be elected by secret ballot of a joint session of the two houses of the Federal Assembly.
5. The Supreme Court replaced the Privy Council as the highest court of appeal in Nigeria.
6. It strengthened the fundamental human rights.
7. It abolished the Judicial Service Commission and made the prime minister the sole appointer of judges.
8. The Prime Minister’s office was strengthened with the departure of the Governor-General.
9. The office of the governors at the regional level ceased, while the premiers assumed total executive powers.
10. The director of public prosecution was brought under political control.
11. Membership of the Senate and the House of Representatives was increased from 44 to 56 and from 305 to 312 respectively.
12. The federal government assumed some emergency powers over the legislative arm.
13. The Supreme Court was given the power of judicial review.
14. The process for the creation of states and boundary adjustment was embodied in the 1963 Republican Constitution.

Merits of the 1963 Republican Constitution

1. The elected president became head of state instead of the British monarch.
2. The constitution was autochthonous, that is, home-based or derived from within Nigeria.
3. The Supreme Court became the final court of appeal in the land.
4. The rights of citizens were fully guaranteed and entrenched.
5. Nigerians were in complete control of decision-making and implementation.
6. British influence over the country in any aspect was terminated.
7. The Supreme Court was given the power to check the excesses or unconstitutional actions of the executive and the legislature.

Demerits of the 1963 Republican Constitution

1. The president represented the minority interest of members of the House of Representatives instead of the majority vote of the electorate.
2. The legislative and executive arms of government were fused.
3. It permitted carpet crossing, where elected members could easily change allegiance for personal rewards.
4. It had parliamentary supremacy instead of constitutional supremacy.
5. The prime minister was accountable to the parliament and not to the people.
6. It exposed the legislative system to bribery and corruption, since the legislature held the power and its members could easily be swayed to secure their compromise.

Evaluation

1. State five features of the Independence Constitution of 1960.
2. Give three advantages of the Independence Constitution of 1960.
3. Who was the head of state under the 1963 Republican Constitution, and who held that position under the 1960 constitution?
4. Which court replaced the Privy Council as the highest court of appeal in 1963?
5. Mention three demerits of the 1963 Republican Constitution.

Assignment

1. List four weaknesses of the Independence Constitution of 1960.
2. Explain what is meant by an autochthonous constitution, and give two merits of the 1963 Republican Constitution.