Independence and Post Independence Constitution 2nd Republic – SS2 Government Lesson Note (Second Term)

The Second Republican Constitution of 1979 returned Nigeria to civil rule after military rule that began on 15 January 1966. It rejected the Parliamentary System and introduced the Presidential System, in which an executive president is both head of state and head of government, elected directly by the voters, with powers separated among three organs of government.

Behavioural objectives

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

1. Describe the background to the 1979 Constitution.
2. State the main features of the 1979 Constitution.
3. List the advantages and disadvantages of the 1979 Constitution.
4. Explain the differences between the 1963 and 1979 Constitutions.

What is the historical background to the 1979 Constitution?

General Murtala Mohammed came to power in 1975 and promised to return the country to civil rule after long years of military rule that started on 15 January 1966. He did not live to fulfil his promise. His deputy, Lt. General Olusegun Obasanjo, made the promise a reality. This started with the establishment in 1975 of the Constitution Drafting Committee, which had 49 members.

What are the main features of the 1979 Constitution?

1. The constitution rejected the Parliamentary System and introduced the Presidential System.
2. It was headed by an executive president who acted as both the head of state and head of government.
3. The president was directly elected by the electorate in a general election.
4. The president appointed his ministers from outside the legislature, subject to confirmation by the Senate.
5. The president and the vice-president could be removed from office by impeachment.
6. There was the principle of separation of powers among the three organs of government.
7. Each state of the federation had a governor, who acted as the chief executive, and a deputy governor. The other members of the executive, called commissioners, were appointed by the governor.
8. The president and the governors were to hold office for four years, for not more than two terms if re-elected.
9. The president was also made the Commander-in-Chief of the Armed Forces.
10. Lobbying was allowed, while carpet crossing was disallowed.
11. The judiciary was empowered by the Constitution to interpret the law.
12. The National Assembly was bicameral, consisting of the Senate and the House of Representatives.

What were the advantages of the 1979 Constitution?

1. Separation of powers: Members of the executive are not members of the legislature.
2. A popularly elected executive president: The president is above his political party, since he is elected by the electorate and is responsible to them.
3. Fixed term of office: The tenure of political office holders was fixed, so no leader or party could keep itself in power indefinitely.
4. Supremacy of the Constitution: The Constitution was supreme and had to be obeyed and respected by all authorities and citizens.
5. Rights of individuals: Fundamental human rights were fully set out and guaranteed.
6. Federal Capital Territory: The constitution provided for a new Federal Capital Territory.
7. Free choice of ministers: The president had a free hand in selecting his ministers, so the best people could be chosen.
8. Control of ministers’ activities: The president appoints his ministers. He can direct and check their activities, as they are individually responsible to him.

What were the disadvantages of the 1979 Constitution?

1. High cost: The constitution is expensive to operate because functions are duplicated.
2. Impeachment clause: Lawmakers can use the impeachment clause indiscriminately to victimise a political opponent.
3. Concentration of powers: Powers are concentrated in the hands of the president, since he combines the functions of head of state and head of government.
4. Delay in the execution of programmes: Because of separation of powers, government programmes can be delayed.
5. Federal character: Appointments into federal establishments may not reflect federal character, so some sections of the country may still feel neglected.
6. Conflict between the executive and the legislature: Problems can arise between the two, especially where the ruling party does not hold the majority in the legislature.

What are the differences between the 1963 and 1979 Constitutions?

The 1979 Constitution also provided that the president could be removed from office through impeachment.

Evaluation

1. Who established the Constitution Drafting Committee in 1975, and how many members did it have?
2. State five main features of the 1979 Constitution.
3. Give three advantages and three disadvantages of the 1979 Constitution.
4. State four differences between the 1963 and 1979 Constitutions.

Assignment

1. Explain how the 1979 Constitution provided for separation of powers.
2. Describe the position of ministers under the 1963 and 1979 Constitutions.