The Independence Constitution Of 1960

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 […]

Features of the Constitution:

  1. Retained Federalism: Modeled after the Lyttleton Constitution of 1954, the Constitution upheld federalism.
  2. Ceremonial Head of State: Designated the Governor-General as the symbolic head of state, representing the Queen of England.
  3. Parliamentary Democracy: Established a parliamentary democratic system of governance in Nigeria.
  4. Bicameral Legislatures: Implemented bicameral legislatures at both federal and regional/state levels.
  5. Judicial Appointments: Judicial appointments, including Supreme Court and high court judges, were to be advised by a Judicial Service Commission comprised of judges.
  6. 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:

  1. Turning Point for Self-Determination: Signaled a significant milestone in Nigeria’s quest for self-determination and liberation from colonialism.
  2. International Diplomacy: Initiated a new diplomatic era with Nigeria joining international organizations like the UN and Commonwealth.
  3. Employment Opportunities: Created employment opportunities in the civil service previously occupied by British nationals.
  4. Accountability Measures: Mandated the federal Minister of Finance to submit the Director of Audit’s report to parliament.
  5. Bicameral Legislature Establishment: Established bicameral federal and regional legislatures.

 

Weaknesses of the Independence Constitution:

  1. Retention of British Monarchy: Maintained the British Queen as the ceremonial head of state.
  2. Supreme Court Hierarchy: The Supreme Court was not the final court of appeal; the British Privy Council retained that role.
  3. Appointment of Senate Members: Senators were appointed by regional governments rather than elected.
  4. Lack of Clarity on Regional Creation: Did not adequately address the issue of creating more regions in Nigeria.
  5. Foreign Influence: Considered a disadvantage as it was not entirely domestically crafted.

 

Features of the Republican Constitution of 1963:

  1. Establishment of Republican Government: Instituted a republican form of government in Nigeria.
  2. End of British Monarchy: Removed the Queen of England as the head of state.
  3. Ceremonial Presidency: The president held a ceremonial role rather than executive powers.
  4. Emergency Powers: Granted some emergency powers to the federal government.
  5. Legislature Expansion: Increased the number of seats in both the Senate and the House of Representatives.

 

Merits of the First Republican Constitution:

  1. Elected President: Introduced an elected president, replacing the British monarch.
  2. Domestically Crafted: Developed as a fully homemade constitution.
  3. Supreme Court Authority: Made the Supreme Court the final court of appeal.
  4. Citizens’ Rights Protection: Ensured the full guarantee and entrenchment of citizens’ rights.
  5. Inclusive Decision-Making: Involved Nigerians fully in the country’s decision-making process.

 

Demerits of the First Republican Constitution:

  1. Minority-Controlled Election: The president was elected by the National Assembly, which represented the minority of electorates.
  2. Fusion of Government Branches: Legislative and executive arms were fused.
  3. Parliamentary Supremacy: Parliamentary supremacy was favored over constitutional supremacy.
  4. Lack of Direct Accountability: Prime Minister was accountable to parliament, not directly to the people.
  5. Permitted Carpet-Crossing: Allowed elected politicians to switch party allegiance for personal gain.

Related Posts:

Lyttleton Constitution Of 1954

Clifford Constitution Of 1922

Nationalism

Advantages Of Colonial Rule

The System Of Indirect Rule In Western Nigeria

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