Features of the Constitution:
- Retained Federalism: Modeled after the Lyttleton Constitution of 1954, the Constitution upheld federalism.
- Ceremonial Head of State: Designated the Governor-General as the symbolic head of state, representing the Queen of England.
- Parliamentary Democracy: Established a parliamentary democratic system of governance in Nigeria.
- Bicameral Legislatures: Implemented bicameral legislatures at both federal and regional/state levels.
- Judicial Appointments: Judicial appointments, including Supreme Court and high court judges, were to be advised by a Judicial Service Commission comprised of judges.
- Premier’s Removal: Granted the governor the authority to remove the premier if they lost the confidence of the house.
Merits of the Independence Constitution:
- Turning Point for Self-Determination: Signaled a significant milestone in Nigeria’s quest for self-determination and liberation from colonialism.
- International Diplomacy: Initiated a new diplomatic era with Nigeria joining international organizations like the UN and Commonwealth.
- Employment Opportunities: Created employment opportunities in the civil service previously occupied by British nationals.
- Accountability Measures: Mandated the federal Minister of Finance to submit the Director of Audit’s report to parliament.
- Bicameral Legislature Establishment: Established bicameral federal and regional legislatures.
Weaknesses of the Independence Constitution:
- Retention of British Monarchy: Maintained the British Queen as the ceremonial head of state.
- Supreme Court Hierarchy: The Supreme Court was not the final court of appeal; the British Privy Council retained that role.
- Appointment of Senate Members: Senators were appointed by regional governments rather than elected.
- Lack of Clarity on Regional Creation: Did not adequately address the issue of creating more regions in Nigeria.
- Foreign Influence: Considered a disadvantage as it was not entirely domestically crafted.
Features of the Republican Constitution of 1963:
- Establishment of Republican Government: Instituted a republican form of government in Nigeria.
- End of British Monarchy: Removed the Queen of England as the head of state.
- Ceremonial Presidency: The president held a ceremonial role rather than executive powers.
- Emergency Powers: Granted some emergency powers to the federal government.
- Legislature Expansion: Increased the number of seats in both the Senate and the House of Representatives.
Merits of the First Republican Constitution:
- Elected President: Introduced an elected president, replacing the British monarch.
- Domestically Crafted: Developed as a fully homemade constitution.
- Supreme Court Authority: Made the Supreme Court the final court of appeal.
- Citizens’ Rights Protection: Ensured the full guarantee and entrenchment of citizens’ rights.
- Inclusive Decision-Making: Involved Nigerians fully in the country’s decision-making process.
Demerits of the First Republican Constitution:
- Minority-Controlled Election: The president was elected by the National Assembly, which represented the minority of electorates.
- Fusion of Government Branches: Legislative and executive arms were fused.
- Parliamentary Supremacy: Parliamentary supremacy was favored over constitutional supremacy.
- Lack of Direct Accountability: Prime Minister was accountable to parliament, not directly to the people.
- Permitted Carpet-Crossing: Allowed elected politicians to switch party allegiance for personal gain.
Related Posts:
Lyttleton Constitution Of 1954
The System Of Indirect Rule In Western Nigeria