Constitutional Development in Nigeria: Road to Independence – SS2 Nigerian History Lesson Note (First Term)

A constitution is a set of rules that explains how a country should be governed. During colonial times, Britain created several constitutions for Nigeria. Each new constitution gave Nigerians a little more power to make decisions about their own country. This process of making new constitutions is called constitutional development. It was an important part of Nigeria’s movement from a British colony to an independent country. This lesson explains the different constitutions Nigeria had before independence and how they helped Nigeria become free.

Behavioural objectives

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

• Explain what a constitution is and what constitutional development means.
• State the main features of the Clifford, Richards, Macpherson and Lyttelton Constitutions.
• Describe the role of the 1957 and 1958 London conferences in preparing Nigeria for independence.
• Describe the Independence Constitution of 1960 and the Republican Constitution of 1963.
• Discuss the benefits and the problems that came from constitutional development.

How was Nigeria governed before 1914?

No real constitution

In the early colonial period, Nigeria did not have a proper constitution:

• Different parts of Nigeria were ruled separately
• The British Governor had all the power
• Nigerians had no say in how they were governed
• Orders came directly from Britain
• The Governor could make any law he wanted

The Amalgamation of 1914

In 1914, an important change happened:

• Northern and Southern Nigeria were joined together
• Lord Lugard became the first Governor-General
• This created the country we now call Nigeria
• But Nigerians still had no power in government
• The North and South were still administered separately

What was the Clifford Constitution (1922)?

Background

The first real constitution for Nigeria came in 1922:

• Named after Sir Hugh Clifford, the Governor at that time
• Also called the “Nigeria (Legislative Council) Order in Council”
• Created after World War I when ideas about colonies were changing
• Some Nigerians who had fought in the war wanted more rights
• Early nationalists were asking for more say in government

Main features

The Clifford Constitution made these changes:

• Created a Legislative Council for Southern Nigeria only, as the North was left out
• Had 46 members, but only 4 were elected Nigerians
• These 4 elected members came from Lagos (3) and Calabar (1)
• Only men with good income could vote (about 4,000 people)
• The Governor still had final power to pass or reject any law
• The Legislative Council could talk about the budget
• Northern Nigeria was still ruled by proclamations from the Governor

Significance

Although very limited, this constitution was important because:

• For the first time, some Nigerians could vote for representatives
• It allowed the formation of political parties like the Nigerian National Democratic Party
• Nigerians could debate government policies in the Legislative Council
• It was the first small step toward democracy
• It lasted for 24 years (1922-1946)

What was the Richards Constitution (1946)?

Background

After World War II, a new constitution was introduced:

• Named after Sir Arthur Richards, the Governor
• Came at a time when nationalist movements were growing stronger
• Herbert Macaulay and Nnamdi Azikiwe had formed the NCNC
• The British realised they needed to give Nigerians more power
• World opinion was turning against colonialism

Main features

The Richards Constitution made bigger changes:

• Created a Legislative Council for the whole of Nigeria including the North
• Increased Nigerian membership in the council
• Created Regional Councils in the North, West, and East
• These regions roughly matched the major ethnic groups (Hausa-Fulani, Yoruba, Igbo)
• Regional Councils could discuss local matters but not make laws
• Introduced “indirect election” where local authorities chose representatives
• Still gave the Governor power to veto (block) any law

Criticisms

Many Nigerians were not happy with this constitution:

• Nigerians were not consulted before it was written
• It was imposed by the British without discussion
• The power given to Nigerians was still very small
• It divided Nigeria along ethnic lines
• It strengthened regional differences
• Only a few educated Nigerians could participate

What was the Macpherson Constitution (1951)?

Background

The next constitution came after much Nigerian input:

• Named after Sir John Macpherson, the Governor
• Unlike the Richards Constitution, Nigerians were consulted
• Meetings were held in villages, districts, provinces, and regions
• A big conference was held in Ibadan in 1950
• Nigerian political parties participated in the discussions
• This was the first time Nigerians helped write their constitution

Main features

The Macpherson Constitution introduced important changes:

• Created a central House of Representatives with more Nigerian members
• Gave Regional Houses of Assembly more powers to make local laws
• Central legislature had 136 members, most elected by regional assemblies
• Established a Council of Ministers including 12 Nigerians
• Allowed direct elections in Lagos and some other towns
• More Nigerians could vote than before
• Created a public service commission to employ Nigerians in government

Problems that arose

Despite improvements, problems emerged:

• Political parties became more regional and ethnic-based
• The Northern People’s Congress (NPC) dominated the North
• Action Group (AG) was strong in the West
• National Council of Nigeria and the Cameroons (NCNC) led in the East
• Crisis in the Western House of Assembly in 1953
• Northern members of the House of Representatives threatened secession
• Kano Riots of 1953 showed growing regional tensions

What was the Lyttelton Constitution (1954)?

Background

A new constitution was needed to solve the problems:

• Named after Oliver Lyttelton, British Colonial Secretary
• Created after meetings in London and Lagos
• Nigerian leaders from different regions participated
• Aimed to reduce tensions between regions
• Prepared Nigeria for eventual self-government

Main features

The Lyttelton Constitution made Nigeria more federal:

• Established a true federal system with stronger regions
• Each region had its own government and premier
• Lagos became federal territory separate from Western Region
• Created a Federal House of Representatives with elected members
• Federal and regional governments had separate powers
• Allowed regions to move toward self-government at different speeds
• Each region had a civil service and judiciary
• Regional governors could no longer veto regional laws

Movement toward self-government

Under this constitution, regions gained self-government:

• Eastern and Western Regions became self-governing in 1957
• Northern Region became self-governing in 1959
• Regional premiers were Nigerians:
  • Nnamdi Azikiwe (later Michael Okpara) in the East
  • Obafemi Awolowo (later Samuel Akintola) in the West
  • Ahmadu Bello in the North
• Only defence, foreign affairs, and some economic matters stayed under British control

What happened at the constitutional conferences of 1957 and 1958?

London Conference 1957

As independence grew closer, more meetings were held:

• Nigerian delegates met with British officials in London
• Discussed timeline for full independence
• Eastern and Western Regions got self-government
• Created a position of Prime Minister for the federation
• Abubakar Tafawa Balewa became first Prime Minister
• Agreed to hold another conference in 1958

London Conference 1958

The final steps to independence were planned:

• Set October 1, 1960 as the date for independence
• Resolved issues about minorities’ fears
• Created a commission to protect minority rights
• Discussed revenue allocation between regions
• Planned for national elections before independence
• Agreed on a parliamentary system of government

What was the Independence Constitution (1960)?

Background

The final colonial constitution was created to prepare Nigeria for freedom:

• Drafted by Nigerian leaders and British officials
• Based on agreements from the constitutional conferences
• Set the framework for independent Nigeria
• Approved by British Parliament as the Nigeria Independence Act
• Came into effect on October 1, 1960

Main features

The Independence Constitution established:

• Nigeria as a federation of three regions
• Parliamentary system based on the British model
• Prime Minister as head of government
• Governor-General representing the British Queen as head of state
• Bicameral legislature (Senate and House of Representatives)
• Fundamental human rights for all citizens
• Independent judiciary
• Federal system with powers divided between centre and regions

First independent government

Under this constitution:

• Federal elections were held in December 1959
• No party won a clear majority
• NPC and NCNC formed a coalition government
• Abubakar Tafawa Balewa continued as Prime Minister
• Nnamdi Azikiwe became Governor-General
• Nigeria officially became independent on October 1, 1960
• The Nigerian flag replaced the British Union Jack

What was the Republican Constitution (1963)?

Three years after independence, Nigeria made one more change:

• Became a republic on October 1, 1963
• Ended the role of the British monarch as head of state
• Governor-General position was abolished
• Nnamdi Azikiwe became the first President
• President was ceremonial head of state
• Prime Minister remained head of government
• Completed Nigeria’s constitutional development to full sovereignty

Why was constitutional development important?

Gradual transfer of power

The constitutional development process:

• Transferred power from British to Nigerians step by step
• Each constitution gave Nigerians more experience in government
• Prepared Nigerian leaders for running their country
• Allowed for peaceful transition to independence
• Avoided violent revolution seen in some other colonies

Creation of Nigeria’s structure

These constitutions shaped modern Nigeria:

• Federal system with strong regions
• Ethnic and regional politics
• Power-sharing arrangements
• Civil service structure
• Legal and judicial systems

Legacy of regional divisions

Constitutional development also left challenges:

• Emphasised regional and ethnic differences
• Created competition between regions
• Minority groups feared domination
• Revenue allocation remained contentious
• Set patterns that led to later political problems

The process took almost four decades. Nigeria moved from having no constitution and no Nigerian participation in government to having a fully independent constitutional democracy. It created a federal system that recognised the country’s diversity and established institutions such as elections, parliaments and courts. However, it also deepened regional and ethnic divisions that would challenge the new nation after independence.

Evaluation

1. What is a constitution, and what is meant by constitutional development?
2. State four main features of the Clifford Constitution of 1922.
3. Why were many Nigerians unhappy with the Richards Constitution?
4. Why is the Macpherson Constitution described as the first constitution Nigerians helped to write?
5. List the main features of the Independence Constitution of 1960.

Assignment

Write a short essay comparing the Clifford Constitution and the Richards Constitution. Include the Legislative Council in each, the role of the Governor, and the part of Nigeria each one covered.