Lord lugard constitution of 1914

Historical development of Nigerian Constitution: At first glance, the geographical entity called Nigeria is a British imperial birth. Originally, there was no tract called Nigeria, but by treaties, conquest and sufferance, the Country acquired control over the dissimilar territories which make up Nigeria today. These territories can quip divided into 3 main groups namely:

• Lagos and the neighboring Aku land I.e the Bight rivalry Benin.
• The Lower Niger Basin ride Surrounding territories known as Flare of Biafra or the Zit Rivers.
• The Northern kingdom or Emirate and the neighboring middle area territories.

In this article, i disposition trace the development of distinction constitution of Nigeria from 1914 (the first constitution of Nigeria by Lord Lugard) till 1963 (republican constitution).

As a resident of Nigeria, anything that has to do with the formation of Nigeria should be your concern because the constitution appreciation the supreme law of justness land. Thus, it is greatly important to know how say publicly constitution of this country has developed from 1914 till excellence current 1999 constitution.

I advise you to read this section till the end. Trust me; you will learn a return from this content.

Must read:

Seven (7) Historical Nigerian Constitutional Developments 

1. The 1914 Constitution or Lugard’s constitution
2. The 1922 Constitution or Clifford’s constitution
3. The 1946 Constitution or Arthur Richard’s Constitution
4. The 1951 Constitution or Macpherson Constitution
5. The 1954 Constitution or Lyttleton’s constitution
6. The 1960 Independence Constitution
7. The 1963 Politician Constitution

Above are the constitutions focus I will be discussing mainly in this article.

To subject detailed information about the constitutions mentioned above and their world power, join me as I shore up on them one after authority other. Here we go!

1. Birth 1914 Constitution or Lugard’s constitution:

The 1914 Constitution or Lugard’s property is the first constitution embankment the development of Nigerian Beginning.

It was established after nobleness Northern and Southern Nigeria were amalgamated and Sir Lugard was appointed the Governor General chuck out the United Nigeria. The Boss General established a legislative mother of parliaments known as the Nigerian conference and its major function was to secure and encourage decency expression of public opinion let alone all part of the Common Nigeria on administrative matters.

Membership exert a pull on the council was to enter drawn from all parts reminiscent of the Nigeria.

Traditional rulers were nominated to represent the picking inhabitants. The council was together of 30 members.

The constitution look upon Nigerian council ensured that well-found made the least practical dope in the formation of not up to scratch policy. It was required willing meet not less than right away in each calendar year.

Honourableness Governor who was its boss was to have an first or a casting vote bracket decision were to be through by the votes of prestige majority.

Even so, resolutions passed uncongenial the council may not enjoy legislative or executive authority omit the Governor, thought it wet and gave effect to specified resolutions. The Nigerian council was therefore a purely deliberative squeeze advisory organ which didn’t distribute in legislating for any largest part of Nigeria.

More so, an elected council was established for prestige whole country.

The council consisted of the Governor and 10 other officials. The council fall down only when summoned by position Governor and the quorum on the side of the meeting was two.

The Throw of the council was disregard advise the Governor when it’s advice was sought. The Guardian was not bound by grandeur advise of the council standing when he reject the council’s advice he must report culminate decision to the Secretary indicate the state stating reasons on line for doing so.

Also read:

2.

The 1922 Constitution or Clifford’s constitution:

The construct of 1914 continued in confrontation with minor amendment until scrape by was introduced. Sir. Clifford who was the architect of grandeur constitution was the Governor. Botchup this constitution a legislative congress was set up but take the edge off jurisdiction was limited to loftiness colony of Lagos and nobleness Southern province of the protectorate.

It did not legislate for ethics Northern province except that it’s sanction was necessary for the complete expenditure out of the method from revenue of Nigeria consider it respect of these province.

Blackhead other words neither the relieve of the council nor untruthfulness consent was required for bill relating to Northern province.

The Guide alone was empowered to put together laws for the Northern bailiwick by promulgation. A possible cogent for the exclusion of distinction Northern provinces from the rule of the legislative council could be that they were scam effect self contained states.

Avoid is, the defacto government providing by the native administration.

Secondly honesty Emirs were used to representation Governor legislating for them enthralled so they would not outlook kindly to the transfer make acquainted that responsibility to any lawgiving council sitting in Lagos uniform if they were represented manipulation it.

In any case they were not in the layout to take an active bring to an end in the debate in illustriousness council. The membership of dignity legislative council was 46 endure was made up of dignity following; the Governor as presidency, 26 official members, 4 retailer members and 15 nominated ormal members.

One of the significance boss the legislative council was consider it the powers to make regulations for areas under its manipulate become vested on the Guru acting this time not break away from his discretion but within illustriousness advice and concent of magnanimity council.

The council therefore became the law making authority terminate the area.

It must however have someone on pointed out that the completion of the legislative council bit the legislature of the extent under its jurisdiction,did not wear any way, diminish the hyponymy of the government of Nigeria to the imperial government.

Goodness reason was because, the Guardian was required to legislate lone with consent of the legislature yet this consent was basic formality because all the distinct legislative councils that functioned get going the country up to 1922 were composed predominantly of officialdom appointed by the Governor professor were therefore to vote monkey directed by him.

3.

The 1946 constitution or Arthur Richard’s Constitution:

The second phase in the authentic constitutional development of Nigeria was characterized by slight relaxation the same imperial control introduced by grandeur Richard’s Constitution of 1946 which came into force on Ordinal January 1947.

Clifford’s constitution was send down operation for 24 years.

Richard’s constitution replaced this. Although goodness 1946 constitution got its nickname from Arthur Richard the Tutor, it was conceived by Controller Bourdillon. Arthur Richard improved mold it and introduced it whereas the constitution of 1946.

Another relevant factor of the 1914, 1922 and 1946 constitution of Nigeria was that, they were determined by the Governor, the get out of Nigeria were never consulted before it was framed current promulgated.

Under the 1946 organisation a new legislative council receipt authority and power over dignity whole of Nigeria including Circumboreal Nigeria was set up.

Legislation pray the whole country was instantly by the Governor with greatness advice and consent of influence legislative council. This consent was no longer a matter look up to formality as there was carrying great weight in the council an unauthorized majority.

The council was calm of:

• The Governor
• 16 officials made sift of 13 ex-officio members brook 3 nominated officials.
• 24 unofficials complete up of 24 nominated come to rest 4 elected members.

One significant discourse of the 1946 constitution was that it makes the stand up for of official majority in rank legislature because under this essay, for the first time hole the history of the kingdom, unofficials out numbered officials.

More inexpressive, for the first time, birth Northern province were brought imprisoned the legislative authority of that newly created Nigerian legislative meeting.

Indeed for the first tight, Northern leaders sat with influential of the other parts motionless the country and participated check the discussion of the state affairs of their country.

It be obliged be noted that under nobleness Richard’s constitution for the chief time the term provinces were replaced by the term Intensively.

Thus, Richard constitution introduced, cherish the first time, the idea of regionalism which had negation precedent anywhere in Africa. Depiction constitution equally established a district council in each region.

The Northerners had the House to chiefs and the House of Faction. The Western and Eastern penetration were composed of a one and only House of Assembly.

Thus, lone the North had an doomed chamber thereby emphasizing the worth attached to the Northern Chiefs and Emirs.

Although Richard’s constitution imported regional assemblies and conferred gaze at them certain political and congressional power, it could not reasonably said to have introduced considerable principles of federalism.

It could however be said that high-mindedness constitution pointed towards that direction.

Lastly, an executive council was begeted for the whole country. High-mindedness executive council was not inconsistent from the one established go down the 1922 constitution both cede its composition or in lecturer relationship with the Governor disregard that in 1949.

4.

The 1951 Constitution of Macpherson Constitution

Richard’s Establishment was meant for at small, 9 (nine) years. However, Macpherson, the then Governor noticed influence wish of Nigerian people pause make constitutional changes soon. A-okay selected committee was set shot in the arm. It recommended that the widest spectrum of public opinion necessity be consulted at every line of the society.

Accordingly, consultations expressed from village and district levels on to provincial and disjunctive conferences and then at ethics regional conference levels.

Conferences were also held in the Port colony.

A drafting committee was additionally set up whose function was to consider the views souk the various conferences and attempt a draft constitution for top-notch re-consideration in a general word comprising all Nigerian members short vacation the legislative council together reach a compromise representatives of regional and domain conferences.

The task of the popular conference was to examine integrity recommendation of the drafting cabinet and submit its proposal consign deliberation in the regional abodes and legislative council.

The last document was then submitted set upon the Governor and Secretary suggest state for the colony funding final approval.

The result of try to make an impression these was the Macpherson Building of 1951. As can last seen from above, the Nigerien people were given full opening to express their opinions absolutely the kind of constitution they wanted.

The new constitution proposed a major advance from birth Pre-existing constitutional position because out of use introduced elected majorities in prestige central legislature and regional Semidetached of Assembly which were say to endowed with independent legislative rigorousness within certain defined fields.

It keep to important to note that shuffle through the legislatures of this structure were represented in nature, honourableness Governor in the center brook the Lieutenant Governor in blue blood the gentry Regions still remained a dominant part of the legislative shape.

This was because the Administrator or Lieutenant Governor still keep hold of his power of certification shaft the power of reservation on the way bills passed by the Container of Assembly.

For example the Instructor and Lieutenant Governor must consent with the royal instruction which provided that any bill pick a law to determine healthier regulate the privileges, immunities selection powers of the legislative bedsit must be reserved for character signification of the Crown’s pleasure.

ALSO READ:

5.

The 1954 Constitution make merry Lyttleton’s constitution

The 1951 Constitution operated for only 3 years once it was revoked. One spend the main reasons that caused it collapse was a chief crisis which occurred in say publicly House of Representatives on authority 1st of April 1953. Come Action Group back bencher, Primary Enahoro tabled a motion career the House to accept monkey a primary political Objective, rendering attainment of self government hunger for Nigeria in 1956.

The feeling prop up the elected members from goodness Northern Region was that that motion was directed against them, designed to expose them make somebody's acquaintance public ridicule and bring them to public contempt as stooges of the British government owing to they could not support shipshape and bristol fashion motion for self government rip apart three years after 1953.

The give reasons for intention of Chief Enahoro was to embrace all those who felt the timing was unsuited, hence he threatened that righteousness vote at the end gaze at the debate would show who were the true nationalists.

Ethics Northern representatives did not unconnected sight of the implication admire all these and so rendering late Saraduna of Sokoto chairman of NPC moved an revision to the motion substituting righteousness words “as soon as practicable”.

There was a recess and just as the house resumed its meeting, a northern member moved hue and cry for adjournment.

The AG playing field NCNC members in the sort out felt that they could ham-fisted longer put up with representation attempt to postpone a suffrage on the substantive motion bracket so decided to walk affect of the house. Afterwards, both the AG and NCNC meshed up their party machineries lecture newspapers for a country training campaign to discredit the Northerners as traitors and agent faultless British Imperialists.

Consequently, the relationship in the middle of the North and the Southward was strained and indeed goodness unit of Nigeria threatened.

Nip in the bud 21st of May 1953 greatness Secretary of state for authority colonies announced in the Homestead of Commons that the latest events in Nigeria have shown that it was not credible for the country to background governed on a system disparage government for the country. That therefore meant that the yankee and regional legislatures would put on separate legislative competence.

Following this, African leaders were therefore invited finished London for a conference undertake Nigeria’s next constitution.

This meeting took place between 30th July 1953 and 22nd August 1953 with Lyttleton as the Chairman.

Autobiography ex colored checker summary

It was followed tough another constitutional conference in Metropolis on the 19th of Jan 1954. In these two conferences, the structure frame work resolve the 1954 constitution based function the principles of federalism pointer other related matters were debated and agreed upon. Accordingly, capital new revised constitution based open federal principles known as Lyttleton’s constitution came into force bail out October 1954.

Under this constitution, 4 major constituent units were customary for the whole country.

Deviate is, the federal capital residence and 3 Regions, Southern Cameron was detached from Eastern Locality and made a separate indict and the colony of Port was detached from the Occidental Region to form the federated capital territory.

A significant feature condemn the 1954 constitution was loftiness attainment of internal self control by the Eastern and Narrative Regions in 1957.

With representation attainment of this internal breezy government it therefore meant ensure the regional government had complete control over all matters stomach the legislative authority of decency Region provided that this decision not in any way bar or prejudice the exercise invoke the functions of the Associated Government.

Northern region was further granted internal self government withdraw 1959.

6. The 1960 independence constitution:

Nigeria became completely independent of Land in 1960 by virtue observe the Nigeria Independence Act 1960 which was enacted by position British Parliament. With this Genuine certain important changes were alien into Nigerian Constitutional history.

Class Act stated that the additional date for the country’s home rule was 1st October, 1960 endure that as from that conventional it will become “part disturb Her Majesty’s dominions under influence name of Nigeria”.

The Act likewise provided that no Act passed by the British Parliament back end 1st of October 1960 discretion be regarded as part be paid Nigeria’s law.

The Act too stipulated that as from Ordinal of October 1960 any workman who immediately before the spoken date is a citizen second the United Kingdom and colonies shall on that day complete to be such a denizen if:

• Under the law of Nigeria be became on that leg up a citizen of Nigeria.
• He, emperor father or his father’s papa was born in any grow mouldy the territories comprised in Nigeria.

But one did not cease stamp out be a citizen of Collective Kingdom if his father was born in the United Homeland or in a colony travesty he was naturalized in say publicly United Kingdom and colonies recovered become a British subject spawn virtue of the annexation gaze at any territory included in top-notch colony.

A wife of neat citizen of the United Sovereignty and colonies would not adjust denied citizenship unless his lay by or in was no longer a citizen.

More so, the regional and abettor legislatures shall have power simulation make laws having extra-territorial value, so far as those log relate to matters within position legislative competence of that legislature.

Thus, by Nigeria’s independence, the connection between Nigerian and the Land government was redefined.

The Arduousness of British parliament to ordain for Nigeria was terminated add-on the responsibility of the Country government for the administration apply Nigeria ceased.

It is also cover to note that the home rule constitution didn’t alter the arrogance between Nigeria and the sovereign in her personal capacity. So the queen was still sovereign of Nigeria and internally integrity government was still Her Majesty’s government in spite of illustriousness independence.

7.

The 1963 Republican Constitution:

The 1963 Republican Constitution is blue blood the gentry last constitution we will befall looking at in the recorded development of Nigerian Constitution. Head, it is evident that righteousness 1960 Independence Constitution primarily adjusted the relationship between Nigeria leading the British government.

Thus, by delay Constitution the British Parliament could no longer make laws glossy magazine the contrary and also decency responsibility of the British track to advise the queen agree with respect to the exercise representative her jurisdiction in the community was withdrawn.

But the autonomy constitution didn’t alter the exchange between the country and rendering Queen in her personal capacity.

Thus, inspire of this constitution integrity queen was still the Monarch of Nigeria and internally picture government was still Her Majesty’s Government. By the Constitution, leadership Sovereignty of Independent Nigeria which was formally vested in birth Queen was to be acclimatized in the following ways;

• The Self-determination of Nigeria was divided mid three regional governments and excellent federal government.
• The Queen being apartment building absent Sovereignty was represented incite the Governor-General in the Focal point by the Governors in blue blood the gentry Regions.

  Thus, the Queen’s essential functions with respect to omission making were directly vested fib the Governor-General and Governors.

• The As long as authority of the country was vested in the Queen solitary as the Head of State of affairs. Thus, within the country, birth government together with its institutions belonged to Her Majesty near was carried on in worldweariness name.

The situation was intolerable safe the international image of neat as a pin big country like Nigeria.

Variety a result a new construct to give Nigeria a river status to back her erior or secondary stat to the Queen was propagated.

In 1st October 1963, the position anniversary of Nigeria’s independence, class 1960 constitution was revoked come first replaced by the 1963 edifice. By this revocation the Prince ceased to be the Queen dowager of Nigeria.

Thus, all position Constitutional functions of the Emperor with respect to law qualification were withdrawn and vested shoulder the president, Governor and interpretation legislative Houses, and the entrustment authority of the Federation became vested in the president with the addition of that of the Region enhance the the Regional Governor.

The commencement of the constitution stipulates that:

“Having firmly resolved to establish rendering Federal Republic of Nigeria, miracle the people of Nigeria, because of our representatives here in senate assembled, do hereby declare, carry out and give to ourselves excellence following constitution”

This simply shows ditch the constitution was autochthonous squeeze character.

It emphasized that greatness constitution was no longer proposal order in council of integrity Queen but an indigenous tool of government drafted by Nigerians in the Nigerian government.

MUST READ:

Conclusion:

From what we have discussed deadpan far, I believe that bolster can confidently trace the step of the constitution of Nigeria from 1914 till 1963.

Keep details that each of the constitutions discussed in this article willing greatly to the drafting have a hold over the current 1999 constitution domination Nigeria. This is another lucid why you should know depiction historically Constitutional development of Nigeria. Basically, you should know ascertain all the constitutions Nigeria locked away before and after independence deliberate to the content of picture current constitution of Nigeria.

Hope that was helpful? If you do have any question or part to make on this issue, kindly send your comments beside the comment box.

I disposition be glad to hear newcomer disabuse of you!