DEVELOPMENT OF THE NIGERIAN CONSTITUTION SINCE 1914 AND THE PRESIDENTIAL SYSTEM OF GOVERNMENT.
(BEING THE TEXT OF A LECTURE DELIVERED AT THE 332 FIELD ARTILLERY REGIMENT SHENDAM IN PURSUANCE OF “OPERATION SERVICE ALERT” ON 18TH DECEMBER,1991)
BY
BY MUHAMMED I. SIRAJO ESQ.
PREFACE
I am not a good narrator of historical events having been trained as a Lawyer and not a historian. The task I am requested to perform here is therefore herculean, my knowledge of constitutional history having been very limited. The difficulty of my assignment is further compounded by the fact that I am also required to discuss Military Intervention in Nigerian politics and the desirability or otherwise of Military regimes. This, I think , is a mater for the political scientists. But as a member of the learned profession, I consider refusal to speak on the above topic as defeatist having been regarded by the society as a learned man by virtue of my profession.
I will therefore be taking an excursion into history. But discussion of historical events sometimes have the tendency to be boring. I am therefore craving your indulgence to undertake this journey along with me in order to appreciate the constitutional history of Nigeria, the struggle of the Nationalists and the role of the Military during the struggle for independence and post independence era vis-à-vis the traditional functions of the Military as an institution.
INTRODUCTION
The annexation of Lagos by the British authority in 1861 be regarded as the real beginning of the political and constitutional development of Nigeria. By 1866 the British Authority got firm hold over Lagos and proclaimed it as a colony. In 1990 the British government took over Northern Nigeria from the Royal Niger Company and proclaimed it the Protectorate of Northern Nigeria by revoking the charter which empowered the Royal Niger Company to administer the Nigeria districts. In the same year the Protectorate of Southern Nigeria was proclaimed. By 1900 therefore Nigeria was more or less in three separate entities - the Lagos colony, the Northern Protectorate and the Southern Protectorate. In may 1906 the southern protectorate and the colony of Lagos were merged to form the colony and the Protectorate of Southern Nigeria.
January 1914 witnessed the amalgamation of the colony and protectorate of Southern Nigeria and the protectorate of Northern Nigeria. That was the year the present day Nigeria as a single entity was born.
CONSTITUTIONAL DEVELOPMENT OF NIGERIA FROM 1914 – 1963.
When Nigeria became a single entity in 1914, the British Administration appointed Lord Lugard as its Governor-General. Lugard was assisted by two Lieutenant Governors for the Northern and Northern and Southern provinces and an Administrator for Lagos colony. Lord Lugard established the Nigerian Council whose duty was to advise the Governor-General in his task of administering the country. However, the Resolutions passed by the council had no Executive or Legislative authority and the Governor is not bound to give effect to any such resolution. In short, the Nigerian council was purely an advisory one. The Lugard constitution of 1914 is often been regarded as the first miniature constitution ever experienced in this country.
In 1922 when Sir Clifford became the Governor of Nigeria, he replaced the 1914 Constitution of Lord lugard with another one called Clifford constitution. The Clifford constitution of 1922 abolished the Nigerian council established by Lord Lugard and provided for the establishment of two councils – the Legislative out of which 19 were unofficial Nigerians, while 27 were official non-Nigerians. The legislative council therefore has official non-Nigerian majority. The Northern province of N Nigeria were not represented at the council. The Executive council was more or less an advisory council whose advice was to be sought for by the Governor in exercising his executive power, but he was not bound by the council’s advice. The council was composed of only 12 officials who are non-Nigerians. So it is clear that up till 1922 the Executive Council of Nigeria has no Nigeria Membership.
In 1935, Sir Benard Bourdillion became the Governor of Nigeria. He laid the ground work for the future constitutional changes in Nigeria. He expressed dissatisfaction with the Clifford Constitution of 1922 which gave no representative to the Northern provinces in the legislative council. The constitutional proposals of Sir Benard Bourdillion did not merely mean the enlargement of the Legislative council with the addition of Northern in order to have equal say with Southern in advising the Governor as to affairs of the whole country, but also the possibility of having regional councils with a central council in Lagos. Sir, Bourdillion also included the question of representation between officials and non-officials is his constitutional proposals. He left that an official majority voting to the dictates of the Governor would lead to the feeling of frustration and impotence in the minds of the African minority. He then proposed the having of an unofficial African majority in these councils with the object of making them feel that they were really part and parcel of government machinery and that their opinions and advice were given full weight and consideration.
It was these proposals which were reconstituted in the constitutional proposals of Sir Arthur Richards when he became the Governor of Nigeria in 1943. Richards submitted his constitutional proposals embodied in a white paper to the Nigerian Legislative council in 1945 and which was unanimously approved by all. On 2nd August, 1946, these proposals with few alterations were passed into Law by the British Parliament and therefore came into operation on January 1st 1947. The constitution is referred is referred to as the Richard’s constitution of 1946.
The Legislative council under Richards’s constitution consisted of representatives from the Lagos colony, Western, Eastern and Northern provinces. The council had were also Regional councils established for the Northern, Eastern and Western provinces of Nigeria. The functions of the Regional Houses were primarily to scrutinize both the annual and supplementary estimates of expenditure and the bills whose terms were applicable to the Region concerned.
The Governor was not however, bound to accept the resolutions of the Regional Houses in his certification of bills. In short, the Regional Houses were merely deliberative and advisory bodies, capable of making recommendations regarding draft legislation but possessing neither Legislative power nor power to appropriate revenue.
One of the most significant aspects of the Richards constitution was the integration of Nigeria under one legislative council as opposed to the Clifford constitution of 1922 which has no representation from the Northern province. Another unique aspect of the Richards constitution was its concept of Regionalism which was established to stress the diversity of outlook and to encourage each of the regions to develop along its character lines. Another dominant aspect of the constitution is the fact that the Legislative councils both at the central and Regional levels were dominated by unofficial Nigerian Majority for the first time in Nigeria’s constitutional development.
As usual the Nationalist elements in the country were not satisfied with the constitutional provisions of Sir Arthur Richards. They criticized the constitution on the ground that it was imposed on Nigerians without prior consultation for public or political Leaders opinions. The constitution was further criticized for turning the Regional Assemblies to mere advisory bodies without any Legislative power autonomy. These criticisms led to the evolution of the Machpherson constitution of 1951. The Machpherson constitution provided for a central legislative and a central Executive known as the House of Representatives and the council of Ministers respectively. The House of Representative was composed of representatives elected from the Regional Houses, while the council of Ministers was responsible for the execution of governmental policies. The Regional Houses of Assembly were equally retained under the Machpherson constitution. For the first time Nigerians were made Ministers though without any Ministerial responsibility but it was a step forward on the part of the Nigerians of becoming responsible for their own affairs.
The Macpherson constitution however, broke down because it could not provide for responsible government at the center. This is because the council of Ministers were made up also of nominees from the Regions based on the platform of different political parties – this was not a time replica of a cabinet government. The Ministers seemed to feel that their responsibility and loyalty was to their regions of origin rather than to the center. There was lack of team spirit because issues were viewed not from the broader national perspective at the center but from a narrower regional viewpoint. The 1953 constitutional crisis in the Eastern region, the “self-government in 1956” motion tabled by Anthony Enahoro and the opposition with a counter-motion by the Sardauna of Sokoto resulted into an inter-party crisis which rendered the council of Ministers constitutionally powerless following the resignation of Action Group Members from it, and the Kano riots which subsequently followed were contributory factors which lead to the total breakdown of the Macpherson constitution. Nigerian unity was then at the brink of collapse since the political atmosphere throughout the country degenerated into tribal and party jealousies. The British government therefore intervenes by convening a constitutional conference whose decision culminated into the promulgation of the Lyttleton constitution of 1954. The Lyttleton Constitution of 1954 marked the beginning of the Federal system of government in Nigeria.
For the first time there was division of powers between the Federal and the Regional governments – in which each was autonomous in its own area of jurisdiction. The Regions have their own Governors, premises and independent civil service and Judiciary. The Federal system of government we are presently operating, the Federal and State civil service and the Federal and State Judiciaries we now operate, all took their root from the Lyttleton constitution of 1954.
As with other constitution earlier discussed, the Lyttelton constitution also has its own defects which led to some amendments and the constitutional conference of 1957 and 1958. Of particular importance was the 1958 constitutional conference. It was in that conference that the decision to grant independence to Nigeria on 1st October, 1960, was taken. Some fundamental human rights to protect both the majority and minority citizens against the arbitrary use of power by the government were also accepted for inclusion into the independence constitution.
The 1960 Independence constitution came into force on 1st October 1960 simultaneously with the Independence of Nigeria. The Governor-General became the constitutional Monarch or Head of State. He is the representative of the Queen. The powers of government were still divided between the Federal and Regional levels of government.
In 1963 Nigeria became a Republic within the common-wealth. The 1963 Republican constitution was basically the 1960 Independence constitution rewritten, but with some minor modifications. Under the Republican constitution the Queen of England ceased to be the Head of State of Nigeria. That was the constitution that finally removed all forms of administrative and constitutional control of the British government over Nigeria. Nigerians from then, were given the destiny of their nation into their own hands.
It is clear from the above discussion that every single constitution evolved by the British Administration for Nigeria from 1914 to 1960 show remarkable improvements over the provisions of the previous one. That is too say, the 1922 constitution made more provisions than the constitution of 1914. The 1946 constitution evolved as a result of criticism s leveled against the 1922 constitution by the Nationalists. In the same vain, the 1951 constitution came as a result of dissatisfaction by the Nationalists with the provisions of the 1946 intention of the young officers who plotted and executed the coup be the same with those of the senior officers who wrestle power from them? Were the senior officers not in support of the Balewa government that was overthrown by the young officers? Could the Ironsi regime claim to be anti-Balewa government? The questions are numerous and beyond the scope of this paper.
With the first Military coup in January, 1966, the stage was set for more Military coups in Nigeria. In July 1966 another Military coup was executed and this saw Yakubu Gowon assuming the mantle of Leadership as the Head of State and Commander-in-Chief of the Armed forces of Nigeria. Gowon’s reign lasted for nine sold years before it was overthrown in another Military coup. General Murtala Mohammed became the new Head of State the new Head of State and Commander-in-chief of the Armed Forces of Nigeria. Murtala’s Government was overthrown in yet another Military coup and the regime of General Obasanjo was ushered in. General Obasanjo finally handed over power to the civilians in 1979 after establishing the necessary machineries for civilian administration and the promulgation of the 1979 constitution which became operative on 1st October, 1979. The Obasanjo regime chose the Presidential type of government for the second republic since the country’s experiment on the Westminster or Cabinet system of government in the first republic had failed.
If election malpractices, tribalism, corruption and nepotism among other vices were the reasons given for the overthrow of the Tafawa Balewa government, what were the reasons given for the overthrow of Ironsi, Gowon and Murtala? Are these people also Civilians and Politicians? If the civilians politicians are bad, are the Military any better? Because, if the Military are better than the civilians in the spheres of governance, then one would not have conceived of Military coups against Military governments. But this was at least the case in Nigeria from 1966.
PRESIDENTIAL SYSTEM OF GOVERNMENT UNDER THE 1979 CONSTITUTION
While the 1960 and 1963 constitutions provided for a cabinet system of government, the 1979 constitution of the second Republic provided for a presidential system of government. The constitution provided for the office of an Executive President with full executive powers. The Executive President is to also double as the commander-in-chief of the Armed Forces of Nigeria. This made the President Chief administrative and military officer of the federation. All the Armed Forces are expected to be loyal to the President by obeying his lawful commands. The 1979 constitution also provided for the office of Governors and Deputy Governors at the State level. The Governors were the chief Executives of their respective States.
There was established at the Federal level a National Assembly compering of the House of representatives and the Senate. The duty of the Federal legislature was to make Laws for the whole federation on matters on the exclusive list. At the State level there was provision for the establishment of State Houses of Assembly whose duty is the making of Laws for the State concerned. Also established by the 1979 constitution as the third arm of government is the Judiciary is the interpretation of Laws and the adjudication of disputes between individuals inter se, individuals and government and governments interse. This arrangement was to ensure checks and balances between the arms of government and also to serve as guarantee against the abuse of power by the Executive. With these constitutional provisions and guarantees, a solid foundation was laid for the ushering in of the second Republic. The 1979 elections came and passed and those duly elected by the people assumed the mantle of Leadership. His also important to State here that the Obasanjo government introduced a Multi-party system for the second republic and five political parties contested the elections in 1979. After what may be a successful first term, Shehu Shagari was re-elected in 1983 for another four years terms. Then the accusations and crisis started. The 1983 elections was said to be replate with massive rigging, thuggery and other election malpractices. The government was accused of large scale looting of the public treasury and the creation of a class of millionaires Ministers. The government was also criticized of its insensitivity to the dwindling national economy and the plot of the down trodden masses of Nigeria. The Health care system was in shambles and the Educational system was facing imminent collapse, suppression of opposition by the use of State apparatus also became the order of the day. These vices brought in the government of Muhammadu Buhari not through the ballot box as was the cae with the Shagari government but by the barrel of the gun. The aim of that military coup was to restore Law and order and to redeem the national economy from further damage. 20 months after its sojourn however, the Buhari government was overthrown in yet another Military coup. The present Ibrahim Babangida government was thus born in August, 1985. This brings us to the end of the history of our constitutional development and Military intervention in our polity, at least for now.
It can be seen that out of the six successful Military Coups executed in Nigeria, only two were aimed at civilian governments, the other four were military coups against military regimes. The clearly shows the instability of the military regime itself and a pointer to the irrelevance of Military intervention in politics. Democracy is the only viable option in all civilized societies. The learning process may be slow, but it is certainly no justification for the Military to intervene in a sphere which is alien to the Military disciple, ethnics and training. Defending and protecting the nation against internal and external aggression is the traditional role of the Military. It is my humble view that the armed forces would do better if they strive for professional excellence instead of embarking on an adventure quite outside its traditional role. Its in recognition of the importance of constitutional government that the Babangida administration established various agencies and commissions to ensure a peaceful return to civil rule in 1992. The government has since been pursuing the transition programme with religious zeal. It is the intention of the present administration to imbibe an everlasting democratic culture in the minds of all-civilians and Military regime in the country. President Babangida identified the ideal that the Military must imbibe in order to make this belief a reality. These ideals include accepting the supremacy of a democratically elected and constitutional government; bequeathing to future generations the universal belief in democracy; and the sustenance of professional excellence. In order to achieve this, the government has embarked on intensive political education of the officers and men of the Nigerian Armed Forces on the undesirability of Military incursions into the political arena. The present lecture is aimed at achieving that goal. The government has also established a two-party system in order to foster unity amongst the diverse ethnic groups and to ensure constructive opposition to the party in power. It is our hope that with this solid foundation the politicians will play the game according to the rules and the third republic would be allowed to flourish.
Though democracy is a process of learning and relearning until its true practice evolved, the attitude of the politicians often leaves room for the Military to always see themselves as an alternative to democracy. This is not the case and should not be allowed to happen again especially given the sustained assurance by President Babangida that this is going to be the last Military regime.
Finally, I am calling on the officers and men of the Nigeria Armed Forces too stay out of the political arena and strive for professional excellence in your chosen profession. To the politicians, I urge you to play the game of politics in full compliance with the rules. The sustenance of democracy and constitutional government in Nigeria requires the collectives efforts of all of us.
Thank you.
