After the Nigerian Civil War and years under military leadership, the government under General Murtala Mohammed initiated a transition programme aimed at ending military rule by 1979. This included developing a new constitution that would replace the parliamentary system with a presidential system. Following Mohammed’s assassination in 1976, Obasanjo continued the programme and ensured its completion.
The Constitution Drafting Committee
The first formal step was the formation of the Constitution Drafting Committee (CDC) in 1975. The committee, chaired by Chief F.R.A. Williams and consisting of 49 members, produced an initial draft constitution based on comparative models and public input. The draft proposed a U.S.-style presidential system, where the president would act as both head of state and government with powers balanced by a separation of powers. The draft was published in 1976 and debated over the following year.
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The Constituent Assembly
In 1977, a Constituent Assembly was established to review the CDC’s draft. The assembly consisted of indirectly elected members and appointments from various regions and social segments. It debated provisions on electoral structures, federal-state relations, and civil liberties, while sensitive issues such as religion and state structure were treated as restricted. The assembly presented recommendations to the Supreme Military Council, which had the authority to amend and enact the constitution.
Promulgation and Military Supervision
On 21 September 1978, the constitution was promulgated under Decree No. 25 of 1979. The Supreme Military Council introduced amendments before final enactment, reflecting the military’s supervisory authority. The constitution established democratic structures, including an elected president, bicameral legislature, and separation of powers, while ultimately being implemented by military decree.
Key Features of the 1979 Constitution
- Presidential System: Replaced the parliamentary system with an executive presidency.
- Bicameral Legislature: Created a Senate and House of Representatives elected by the people.
- Federal Structure: Defined powers between federal and state governments.
- Political Party Registration: Allowed political activities and parties.
- Electoral Process: Set procedures for conducting elections, culminating in the 1979 general elections.
Elections and Return to Civilian Rule
With the constitution enacted, political activities resumed. Political parties were licensed, and elections were held at local, state, and federal levels in 1979. These elections resulted in the victory of Shehu Shagari, whose inauguration as president on 1 October 1979 marked the official beginning of Nigeria’s Second Republic. Obasanjo did not contest the presidency, demonstrating his commitment to civilian leadership.
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Legacy of Obasanjo’s Supervised Constitution-Making
Obasanjo’s role in constitution-making laid a foundation for democratic transition. His leadership ensured that structured constitutional processes, including expert drafting, assembly review, and public debate, produced the 1979 Constitution. This framework ushered in the Second Republic and influenced subsequent democratic efforts in Nigeria.
Author’s Note
This article highlights how Olusegun Obasanjo, through military supervision, guided Nigeria’s constitution-making from 1976 to 1979. It explains the key steps: drafting by experts, review by the Constituent Assembly, amendments by the Supreme Military Council, and final promulgation. Obasanjo’s leadership ensured a smooth transition to civilian rule, established democratic institutions, and created a framework that shaped the Second Republic and Nigeria’s constitutional history.
References
National Open University of Nigeria PAD 841 courseware content
Constitution History Senate Committee on Constitution Review
Olusegun Obasanjo biography
History and moral of constitution making in Nigeria
Neither the 1979 Constitution Nor the 1999 Constitution Was Made or Enacted by ‘We the People’
How the constitution deleted tradition Part 2
Second Nigerian Republic overview
A brief history and moral of constitution making in Nigeria since ’66
