The constitutional history of Nigeria mirrors the country’s political and social struggles. Each constitutional framework emerged from particular historical contexts, reflecting tensions between regional autonomy, federal unity, and the challenges of governing a multi-ethnic state. From the Clifford Constitution of 1922 to the current 1999 Constitution, the Nigerian experience illustrates both the possibilities and fragilities of constitutional democracy in Africa.
Colonial Foundations (1914–1960)
Nigeria’s constitutional development began not as an indigenous political project but as a colonial administrative tool. In 1914, Lord Frederick Lugard amalgamated the Northern and Southern Protectorates, creating a single colony under British rule. This amalgamation required administrative structures but did not provide democratic participation for Nigerians.
The Clifford Constitution of 1922 was the first to introduce limited elections, though restricted to Lagos and Calabar. This gave rise to an educated elite, including Herbert Macaulay and Nnamdi Azikiwe, who would later lead nationalist movements. However, the exclusion of the Northern region created early imbalances.
In 1946, Governor Arthur Richards introduced the Richards Constitution, which established regional assemblies for the North, West, and East, giving the North a voice in governance for the first time. However, the limited consultation in its drafting led to criticism from nationalist leaders.
The Macpherson Constitution of 1951 was more consultative, involving town hall discussions across the country. It introduced a quasi-federal structure, granting regional governments significant autonomy in education, health, and agriculture. The principle of federalism became entrenched in Nigerian political development.
By 1954, the Lyttleton Constitution formalised federalism, granting internal self-government to the regions and setting Nigeria firmly on the path to independence.
Independence and the First Republic (1960–1966)
The Independence Constitution of 1960 established Nigeria as a federation with a Westminster-style parliamentary system. Abubakar Tafawa Balewa became Prime Minister, while Nnamdi Azikiwe was Governor-General. The constitution divided powers between a federal centre and strong regional governments.
In 1963, Nigeria adopted a Republican Constitution, replacing the Queen with an indigenous President (Azikiwe). However, the parliamentary system continued, and unresolved ethnic rivalries, electoral malpractices, and regional disputes destabilised the republic.
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The First Republic collapsed in January 1966 when young army officers staged a coup.
Military Rule and Constitutional Vacuums (1966–1979)
Major-General Johnson Aguiyi-Ironsi took power after the coup and issued Decree No. 34, which abolished federalism in favour of a unitary system. This decision was viewed in the North as Igbo domination and led to a counter-coup in July 1966, bringing Lieutenant-Colonel Yakubu Gowon to power.
Gowon’s government restored federalism and, in 1967, created twelve states out of the existing four regions. This restructuring was meant to weaken secessionist pressures but instead precipitated the Nigerian Civil War (1967–1970) following the Eastern Region’s secession attempt as Biafra.
After the war, military rule continued under successive generals, with constitutions suspended and governance by decree becoming the norm. General Murtala Mohammed initiated a constitutional drafting process before his assassination in 1976. His successor, Olusegun Obasanjo, completed the transition that produced the 1979 Constitution.
The Second Republic and the 1979 Constitution
The 1979 Constitution marked a major shift to a U.S.-style presidential system, designed to avoid the instability of parliamentary politics. It established an executive presidency with wide powers, a bicameral National Assembly, and stronger central control over resources, especially oil.
Shehu Shagari was elected President in 1979. However, corruption, electoral disputes, and economic decline plagued the Second Republic. The disputed 1983 elections triggered another coup, bringing Major-General Muhammadu Buhari to power.
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Constitutional Stagnation and Military Dominance (1983–1999)
Military rule under Buhari and, later, General Ibrahim Babangida, suspended constitutional rule. Babangida’s prolonged transition programme included the creation of two state-sponsored parties and a new constitution, but his annulment of the June 12, 1993 election, widely believed to have been won by Moshood Abiola, provoked a constitutional crisis.
General Sani Abacha seized power in 1993, ruling as a dictator until his sudden death in 1998. His regime was marked by repression and manipulation of constitutional processes.
General Abdulsalami Abubakar oversaw a rapid transition, culminating in the 1999 Constitution and the inauguration of the Fourth Republic.
The Fourth Republic and the 1999 Constitution
The 1999 Constitution, modelled on the 1979 Constitution, remains Nigeria’s supreme law. It established a presidential system, federalism with 36 states and the Federal Capital Territory, and a bicameral legislature. It guarantees fundamental rights, establishes an independent judiciary, and creates institutions such as the Independent National Electoral Commission (INEC).
Nigeria has since experienced its longest period of democratic governance, with successive elections in 1999, 2003, 2007, 2011, 2015, 2019, and 2023. Yet, challenges persist: electoral integrity, over-centralisation of power, resource control disputes, and calls for restructuring remain central debates.
Contemporary Debates and Reform Prospects
Critics argue that the 1999 Constitution, drafted under military rule without popular ratification, lacks legitimacy. Demands for restructuring, devolution of powers, and fiscal federalism dominate national discourse. Proposals for state police, constitutional amendment of revenue allocation, and electoral reforms highlight the urgency of change.
Although amendments have been made, such as improved electoral procedures, broader structural reforms remain elusive. The push for constitutional reform reflects Nigeria’s ongoing struggle to balance federal unity with ethnic diversity.
Author’s Note
The constitutional history of Nigeria demonstrates the country’s struggle to balance federalism, unity, and democracy. From colonial frameworks to the 1999 Constitution, each document reflected specific historical pressures but left unresolved tensions.
Nigeria’s constitutional evolution teaches that inclusivity, legitimacy, and adaptability are essential for building stable governance. Future reforms must address over-centralisation, electoral credibility, and true federalism to fulfil Nigeria’s democratic aspirations.
References
- Coleman, J. S. Nigeria: Background to Nationalism. University of California Press, 1960.
- Suberu, R. T. Federalism and Ethnic Conflict in Nigeria. United States Institute of Peace Press, 2001.
- Elaigwu, J. I. The Politics of Federalism in Nigeria. Adonis & Abbey, 2007.
