Constitutional Development of Nigeria :(Pre-Colonial Nigeria to British Rule)
1.0 Introduction
2.0 Objective
- Main Content
- Historical Background of
- Pre - Colonial 3.3 1900-1919
3.4 1920-1950
- Clifford’s Constitution
- Richard’s Constitution 3.5 1951-1956.
- MaCphersons Constitution
- Lyttleton’s Constitution
3.6 The 1957 and 1958 Constitutional Conference
4.0 Conclusion
5.0 Summary
6.0 Tutor-Marked Assignment
7.0 References/Further Readings
INTRODUCTION
Nigeria, like many other nations, has a history of its constitutional development. From time immemorial, the landmass now occupied by Nigeria was occupied by persons of diverse culture, language and political arrangements. Indeed, there were different nationalities. These factors affected the fusion of these nationalities. By all means, however, they accumulate to form the bedrock of Nigerian constitutional development. This was a phenomenon that spread over time. Accordingly, in this unit, discussion shall focus on the pre-colonial period up to the end of the British Rule.
OBJECTIVE
By the end of this unit, you should be able to:
understand the constitutional development of Nigeria from pre- colonial times to the end of British Rule.
MAIN CONTENT
Historical Background and Pre-Colonial Nigeria
Nigeria is situated on a landmass of about 925,000 hectares in the western part of Africa. With a population of about 140 million people, it remains the most populous Black nation in the world having about 250 ethnic groups. There are three groups that are recognized as dominant. These are the Hausa/Fulani, Igbo and Yoruba.
The many different indigenous communities in what is known as Nigeria came under British rule in three ways; for this reason, Nigeria was divided into three.
Prior to the advent of the European colonialists, there existed numerous indigenous communities, which organized themselves internally by different methods. In the Northern part of Nigeria, there were the all- powerful Emirs who were both political as well as spiritual heads. In the West, there were the Yorubas who had Obas who were usually assisted by their chiefs-in-cabinets but were not as strong as the Emirs autocracy. In the East, there was the government by the age grades. With these in view and perhaps to fulfill their own selfish political and economic whims, the British Colonial Government adopted indirect rule for their colonies.
With this short history at the back of our mind, it should be relatively easier to understand the intricacies that trailed the activities of the colonial masters while their rule lasted.
SELF-ASSESSMENT EXERCISE 1
Attempt a brief historical background of Nigeria before the intrusion of the colonial masters.
Pre - Colonial Nigeria
The advent of the Caucasoid into Nigeria could be traced to around 1472 when the first Portuguese vessel of adventurers came into Benin. They were followed slightly over eighty years thereafter by the British whose vessels berthed at the Benin- harbor around 1553.
The adventurous Mungo Park got to the Niger in 1796. Slave trade commenced immediately afterwards and to date, the Negroid world still feels the indelible marks of this crime against her. No doubt, the Europeans were impressed by the industrious and hospitable nature of the indigenous African and this might have been the reason why the abolitionists found it difficult and nearly impossible to abort the practice that threw some of our fore-fathers into foreign lands and their pedigree into the Diaspora.
One most significant fact worthy of note is the fact that the name ‘Nigeria’, was said to have been suggested by a certain Miss Flora Shaw, a press correspondent in Cairo. In an article in January 1897, she wrote.
“In the first place, as the title Royal Company’s Territories is not only inconvenient to use, but to some extent is also misleading, it may be possible to coin a shorter title for the agglomeration of pagan and Mohammedan status which have been brought by the exertions of the Royal Niger Company, within the confines of a British protectorate and thus for the first time in their history, need to be described as an entity by some general name.”
Further to this, she suggested that:
“The name ‘Nigeria’ applying to no other portion of Africa, may without offence to any neighbours, be accepted as co-extensive with the territories over which the Royal Niger Company has extended British influence.”
It is on record that Miss Shaw later got married to Lord Fredrick Lugard, the first colonial Governor General of Nigeria. Following the acquisition by the British Government, the sovereignty of the indigenous societies divested to Britain. Accordingly, the legislative, judicial and executive powers of these territories were vested in the imperial Government without limitation.
By virtue of a 1863 Supreme Court Ordinances, native laws which were not incompatible with the due exercise of the power and jurisdiction were rendered enforceable.
It is noteworthy that the period between 1472 and 1863 and by extension 1899 could practically be said to be the period of pre-colonial administration in Nigeria. It was during this period that the Whiteman expanded their slave trade business and introduced the Christian religion and other high profile businesses into the present day Nigeria.
SELF-ASSESSMENT EXERISE 2
What is the origin of the name Nigeria?
1900-1919
On January 1st 1900, the protectorates of the Northern and Southern Nigeria were proclaimed by the instrument and power of the Supreme Court Ordinance of 1863. By this, there were the Northern and Southern Protectorates as well as the Colony of Lagos. The significant difference between the protectorates and the colony was the mode of enacting laws for them at that time.
In the case of the protectorates, legislation was made by Order-in- Council under the Foreign Jurisdiction Act while the colony applied legislation introduced by letters of patent issued under the seal of the United Kingdom by the monarch and with the advice of the Privy Council. This was particularly the advent of British concept of Constitutional Law into Nigeria.
The three administrative offices, that is, one for each of the protectorates and one for the colony of Lagos were reduced to two in 1906 with the amalgamation of the Colony of Lagos with the Southern Protectorate. This fusion resulted to two administrative offices in the Northern and Southern Protectorates.
In 1914, Lord Frederick Lugard assumed office as the Governor of the two protectorates which had just been amalgamated to form the Protectorate of Nigeria under the British. This historical landmark achievement by Lord Lugard marked the commencement of Central Administration for Nigeria. By this new arrangement, the Governor acted as a Sole Administrator without a judiciary, executive or legislative arm of government but with the assistance of other officials appointed by him and responsible to him.
1914 saw the establishment of the Lagos Colony Legislative Councils while an Advisory and Deliberative Council called the Nigerian Council was established for the whole country. With this, the Governor had an executive and legislative council to assist him in the exercise of his powers under Article 6 of the Protectorate Order-In-Council of 1899.
The Nigeria Protectorate Order-In-Council, 1913, the [Nigerian Council] Order-In-Council, 1912, and the Letters Patent of 1913 were documents that served the constitutional needs of the amalgamated Nigeria. As such, they could pass for the constitution of the country.
As for the Advisory Deliberative Council, the membership was thirty, seventeen ex-officio and thirteen other official members, seven of whom represented commercial, shipping, mining and banking interests while only six members represented the indigenous communities. The executive and legislative council were populated by British officials and beyond simple advisory roles. Nigerians were not involved. This was the position until 1920.
SELF-ASSESSMENT EXERCISE 3
Briefly examine the significant events between 1900 and 1919 in the Colonial Administration of Nigeria by Lord Fredrick Lugard.
1920-1950
The founding colonial Sole Administrator of Nigeria between 1911 and 1919, Lord Fredrick Lugard could not see to the full implementation of his policies when in 1919 Sir Hugh Clifford was appointed the second Colonial Sole Administrator and Governor of Nigeria. The Clifford constitution of 1922 emanated as a result of the pressures from Casely Hayford’s West African Congress. This constitution was meant to make some reforms in the constitutional and administration setting in the country.
The Clifford Constitution of 1922 marked a watershed in the constitutional development of Nigeria for it introduced a formal document to Nigeria as a constitution.
Clifford’s Constitution
The Clifford’s Constitution took its name after Sir Hugh Clifford who under pressure from the West African Congress led by Casely Hayford was forced to make some reforms in the political and administrative system of the country. It was under this constitution that the first electoral system emerged which brought about the first elections in 1923. It also saw the emergence of the legislative council of four members-three for Lagos and one for Calabar.
The Legislative Council had jurisdiction on the Southern Provinces and the Colony of Lagos. In respect of the Northern protectorate, legislative power was vested in the Governor. There were other members of the legislative council who were the nominees of the Governor. These were the Chief Secretary, the Lieutenant –Governor, Administrator of the Colony of Lagos, the Attorney-General, and the Commandant of the Nigeria Regiment, Director of Medical Services, Controller of Customs and the Secretary for Native Affairs.
There was no indigenous representation on this council and this gave rise to political agitation among Nigerian elite resulting in the emergence of both the National Democratic Party and the Nigerian Youth Movement which was succeeded by the National Council of Nigeria and Cameroon. [NCNC].
A memorandum submitted in 1924 by the West African Students Union in London to the Governor of Nigeria demanding a federal constitution for Nigeria yielded fruit and resulted in the Richard’s Constitution. In spite of the lack of indigenous representation under the Clifford’s Constitution, it took the credit of being the first constitution for a unified Nigeria.
The Richard’s Constitution
The Richard’s Constitution of 1946 came as a result of proposals which aimed at promoting the unity of the country and ensuring more participation of Nigerians in their affairs. It incorporated three Regions. The Northern, Eastern and Western Regions, each having a House of Assembly with the North having a House of Chiefs as well. The powers of these Houses were only consultative. There was also the legislative council in Lagos which legislated for the whole country.
The Executive Council in Lagos had for the first time indigenous representative in Sir Adeyemo Alakija and Mr. S.B. Rhodes. It is noteworthy that under this constitution, there emerged a sort of a representative government and regionalization. The Regional Houses of Assembly were advisory and not legislative by any means. Thus, there were still more reasons for the Nationalists to press for participation by Nigerians in their affairs.
SELF-ASSESSMENT EXERCISE 4
Examine the major achievements of the colonial administration in Nigeria between 1920 and 1950.
Colonial Period in Nigeria – 1951-1953
The MaCpherson Constitution 1951
Between 1949 and 1950, Nigerians were consulted through questionnaires at villages and districts. Before this, a select committee of the Legislative Council had been set up to review the Richard’s Constitution of 1946. The effect of this was a General Conference at Ibadan where a draft constitution was adopted forming the Nigeria (Constitution) Order – In - Council of 1951 which came later to be referred to as the MaCpherson’s Constitution.
This constitution formalized the division of Nigeria into three regions and it seemed to re-emphasize the principle of grater autonomy and the retention of the unity of the country. With this, the movement towards a federal structure was a quicker and surer way of solving religious, economic, educational and political differences existing in Nigeria.
The highpoint of this Constitution is that a House of Representatives with 148 members replaced the Legislative Council. The Governor exercised legislative powers with the advice and consent of the House of Representative. As for the regional legislatures, they had power to legislate on a specific number of items. The membership of the House or Representatives consisted of the members of the Regional House of Assembly from among their own members.
The most significant effect of this Constitution is that it set the pace for regionalization, federalism and democracy.
The Lyttleton Constitution, 1954
The crisis in the Eastern Region in 1951 and the crisis at the centre actuated the Constitutional Conference in London and Lagos in 1953 and 1954 respectively. At these Conferences, it was generally agreed that a truly federal constitution should be enacted. As a result of the recommendations from these conferences, another constitution came into force in 1954. It is usually refereed to as the Lyttleton Constitution [named after Sir Oliver Lyttleton the Governor of Nigeria at that time].
The major and one of the outstanding achievements of the Lyttleton Constitution was the operation of a federation of three regions with the federal territory of Lagos as the capital. The Eastern Region and the Western Region were to achieve self-government in 1957 while the North achieved same in 1959. This time, there was more participation by Nigerians.
Other important achievements of these constitutions were the establishment of the Federal High Courts, a High Court for each of the regions, and the Southern Cameroon’s. Between 1958 and 1959, there was a major Constitutional Conference in London during which the independence constitution was proposed. By this time, the Eastern and Western Regions had attained self-government and Nigeria had her first Prime Minister in the person of Sir Abubakar Tafawa Balewa.
SELF-ASSESSMENT EXERCISE 5
- What are the essential achievements of the 1951 Constitution?
- Discuss the landmarks achievements of the 1954
The 1957 And 1958 Constitutional Conferences
As the case was in India where a constituent assembly was formed, the 1957 conference in London was attended by the major political parties in Nigeria. There, the issue of self-government was discussed extensively. The Western and Eastern Regions were endowed with self- government with their Premiers presiding over their Executive Councils.
Of note was the setting up of the Minorities Commission and another on Revenue Allocation to evolve a formula for revenue allocation. Along these lines, the Raisman Fiscal Commission was inaugurated.
All the above recommendations were carried over to the Lancaster Constitutional Conference in 1958. The Lancaster Conference was prompted by the concern for the independence of Nigeria and the contents of the independence constitution. Besides, it was agreed that the Northern Region should attain self-government in March 15, 1959 and that independence for the country Nigeria should be attained on the October 1, 1960.
Other important issues discussed and agreed upon in 1957 were:
- Dual control of a centralized police
- Nigerian citizenship
- The establishment of the council of the prerogative of
- Provisions in the constitution on the creation of more regions, and
- Mode of amending the constitution
However, the Southern Cameroon later exercised its right of self- determination through a referendum in December 1959. On the basis of the new constitutional arrangement, elections were conducted with Sir Abubakar Tafawa Balewa of the Northern People’s Congress emerging as the Prime Minister, Dr Nnamdi Azikwe the Governor –General and Chief Obafemi Awolowo became the opposition leader of the House of Representatives.
SELF-ASSESSEMENT EXERCISE 6
What were the highpoints at the Constitutional Conference of 1957?
CONCLUSION
In this discourse, you learnt about the constitutional development in pre- colonial and colonial Nigeria. In her Europeanization mission, Britain planted the indigenous native administration and introduced in succession, the Clifford’s constitution (1951), Littleton’s constitution (1954) and the Independence constitution (1960).
SUMMARY
In pre-colonial time the Emir ruled in the Hausa/Fulani Empire (North) the Oba in the Yoruba/Bini Kingdoms (West and South) the Obi, or Igwe and council of age grades in the East. The Territory came under the influence of a variety of European trader’s colonial administration from 1472 to 1861 when Lagos colony was ceded. The advent of British concept of constitutional law into Nigeria commenced in 1900 with the proclamation of the Northern Protectorate and the Southern Protectorate and Colony of Lagos. The Clifford constitution was promulgated in 1922 introducing some constitutional and administrative arrangements into Nigeria in the name of humanity, civilization, socialization, progress, constitutionalism and rule of law. In the subsequent lectures, you will learn about the Post-independence constitutions.
TUTOR-MARKED ASSIGNMENT
Discuss the constitutional development in pre-independent Nigeria, showing the merits or demerits (if any) in the carious colonial constitutions, 1922 – 1960.
REFERENCES/FURTHER READINGS
Sokefun, J. A (2002). Issues In Constitutional Law and Practices in Nigeria, Faculty of Law, OOU, Ago-Iwoye.
Dicey, A (1885). Law of the Constitution Ed.
Ache, D. and Oluyede, P. (1987). Cases and Materials on Constitutional Law in Nigeria.
Nwabuwze, B (1982). The Presidential Constitution of Nigeria.