(toc) #title= (Table of Content)
Introduction
A constitution is the fundamental legal document that outlines the structure, functions, and powers of government, as well as the rights and responsibilities of citizens. In the context of colonial territories like Nigeria, constitutional developments before independence were shaped largely by colonial interests, nationalist movements, and global political changes. These constitutions gradually laid the groundwork for self-governance and eventual independence. This essay explores the pre-independence constitutions in Nigeria — their historical backgrounds, key features, strengths, and weaknesses — with a focus on major constitutional milestones from 1922 to 1954.
1. The Clifford Constitution (1922)
Background
The Clifford Constitution was the first formal constitutional document in Nigeria, introduced by Sir Hugh Clifford, the Governor of Nigeria, in 1922. It replaced the amalgamation framework set by Lord Lugard in 1914, which united the Northern and Southern Protectorates but maintained their administrative differences.
This constitution came as a response to rising nationalist sentiments and global changes after World War I. Britain began to consider more representative governance in its colonies, influenced by liberal democratic ideals and pressures from educated elites in Nigeria.
Main Features
- Legislative Council: Established a 46-member Legislative Council for Southern Nigeria only.
- Elective Principle: Introduced for the first time in Nigeria, allowing for the election of four Nigerians into the Legislative Council — three from Lagos and one from Calabar.
- Exclusion of the North: The Northern region was excluded from the Legislative Council and remained under autocratic rule through the Governor and native authorities.
- Executive Council: Continued to advise the Governor, with no African members.
Merits
- Introduced the elective principle, laying the foundation for representative governance.
- Allowed educated elites to participate in legislative processes.
- Encouraged the formation of political organizations like the Nigerian National Democratic Party (NNDP) led by Herbert Macaulay.
Demerits
- Applied only to the South, excluding the North from political participation.
- Africans had minimal representation and influence.
- Governor retained significant autocratic powers.
- Franchise was limited to adult males with income or property qualifications, restricting voter base.
2. The Richards Constitution (1946)
Background
Named after Governor Sir Arthur Richards, the 1946 Constitution was an attempt to unify Nigeria’s administrative regions under a single constitution. It emerged in the post-World War II era, with mounting pressure from nationalists for broader representation and regional autonomy.
Main Features
- Regionalism: Divided Nigeria into three regions — Northern, Western, and Eastern.
- Legislative Councils: Established regional Legislative Councils in each region.
- Central Legislative Council: Included elected and nominated members from all three regions.
- No Universal Suffrage: Elections were still limited, especially in the North.
Merits
- First constitution to recognize Nigeria’s regional diversity.
- Increased African participation in both regional and central governance.
- Created a structure for federalism and decentralized administration.
- Provided the foundation for political awareness and activism across all regions.
Demerits
- Lacked adequate consultation with Nigerians before implementation.
- Maintained significant British control through appointed officials.
- Did not introduce universal suffrage or expand electoral rights.
- Reinforced regionalism, which later fueled ethnic divisions.
3. The Macpherson Constitution (1951)
Background
The Macpherson Constitution was introduced by Governor Sir John Macpherson in response to criticisms of the Richards Constitution. Unlike its predecessor, it was created through extensive consultation with Nigerians at village, district, provincial, and regional levels.
Main Features
- Federal Structure: Strengthened the federal system with a central government and regional governments.
- House of Representatives: Replaced the Legislative Council, comprising 136 members from all regions.
- Regional Houses of Assembly and Chiefs: Given legislative powers on regional matters.
- Council of Ministers: Included both Nigerian ministers and ex-officio British officials.
Merits
- Highly consultative; involved Nigerians in its drafting process.
- Enhanced federalism and regional autonomy.
- Allowed Nigerians to hold ministerial positions for the first time.
- Boosted political participation and development of regional political parties.
Demerits
- Power-sharing led to inter-regional rivalry and ethnic tensions.
- Central government remained weak compared to regions.
- Ministers had limited authority; final decisions rested with the Governor.
- The constitution proved unwieldy due to conflicting interests of the regions.
4. The Lyttleton Constitution (1954)
Background
The failure of the Macpherson Constitution due to growing regional tensions led to the London Constitutional Conference in 1953, which resulted in the Lyttleton Constitution of 1954, named after the British Colonial Secretary, Oliver Lyttleton. This constitution formally introduced a federal system of government.
Main Features
- True Federalism: Clearly defined powers between the central and regional governments.
- Autonomous Regions: Each region had its own constitution, legislature, and executive council.
- Federal House of Representatives and Senate: At the center, bicameral legislature was established.
- Premier System: Regional leaders were called premiers and had executive powers.
- Public Service Commission: Established to ensure merit-based appointments.
Merits
- First true federal constitution in Nigeria.
- Clearly outlined division of powers between the center and regions.
- Promoted self-governance and administrative autonomy.
- Laid the foundation for independence in 1960.
- Encouraged growth of political parties and democratic institutions.
Demerits
- Entrenched regionalism and ethnic politics.
- Allowed regions to move at different paces of development.
- Conflicts over revenue allocation and fiscal federalism emerged.
- Northern dominance in federal structures caused resentment in the South.
Conclusion
The journey towards Nigeria’s independence was marked by significant constitutional developments that evolved from colonial control to participatory governance. Each constitution — Clifford (1922), Richards (1946), Macpherson (1951), and Lyttleton (1954) — reflected the political and social realities of its time. While they progressively increased Nigerian participation in governance, they also introduced or deepened structural issues such as regionalism, ethnic competition, and limited central authority.
These constitutions were stepping stones toward self-rule, providing political education and institutional frameworks. However, their weaknesses — especially the emphasis on regional identity — contributed to challenges Nigeria faced in the post-independence period, including national unity and stable democratic governance. Understanding these constitutional developments is crucial to appreciating the complexities of Nigeria’s political history and federal structure.
Leave a comment behind