CONSTITUTIONAL  DEVELOPMENT  IN NIGERIA 1979 TO DATE

CONTENTS

1.0      Introduction

2.0      Objective

• Main Content
• The 1979 Constitution
• The 1989 Constitution
• The 1995 Draft Constitution
• The 1999 Constitution

4.0      Conclusion

5.0      Summary

6.0      Tutor-Marked Assignment

7.0      References/Further Readings

INTRODUCTION

In this unit, we shall consider the constitutional development of Nigeria between 1979 and 1999.

OBJECTIVE

By the end of this unit, you should be able to:

identify the various constitutional developments that took place between the periods 1979 to 1999 in Nigeria.

MAIN CONTENT

The 1979 Constitution

The 1979 constitution came into force on October 1, 1979. Before its advent, general elections were held in the country on August 11, 1979 under the Electoral Decree of 1979 as amended in 1978. The draft of the 1979 constitution which had been approved by the  Constituent Assembly was accepted by the Federal Military Government with a number of amendments.

The most significant effect of the constitution was that it provided for a presidential system of governance for the country.

The 1989 Constitution

The 1989 constitution, which had little or no significant improvement on the 1979 constitution, was enacted by the Military Government of General Ibrahim Badamosi, Babangida (Rtd). Even though the constitution was to take effect from 1989 the Government of Babangida did not cease to be in power until August 27, 1993. Hence, the 1989 constitution was merely drafted, printed and circulated but was never promulgated into law.

The 1995 Draft Constitution

The 1995 Draft Constitution was as a result of the perceived inconsistencies evident in the 1979 constitution and more particularly as a means of dousing the tension in the polity following the emergence of Late General Sanni Abacha as the Head of State of Nigeria after the 1993 presidential election annulment crisis.

This constitution was the product of the 1994 Constitutional Conference which consisted of 273 elected 94 nominees and three delegates for each state and one for the Federal Capital Territory, Abuja. One delegate each was nominated to represent each of the special interests like the Nigeria Labour Congress, Nigeria Union of Teachers, e.t.c. The total was three Hundred and Eighty delegates.

The constitutional conference was the brainchild of the then Minister of Justice, and Attorney General of the Federation, Dr. Olu Onagoruwa and his team. During the inaugural address, the former Head of State, Late General Sanni Abacha, in his terms of reference, had the following to say to the conference.

“You have the mandate to deliberate upon the structure of the Nigeria Nation-State and to work out the modality for ensuring good governance; to device for our people a system of government, guaranteeing equal opportunity, the right to aspire to any public office, irrespective of state of origin, ethnicity or creed, and thus engender a sense of belonging in all citizens”.

The above were the exact issues addressed in that constitution. For the purpose of argument, it is necessary to outline some sections important to the continuity of the Nigeria nation:

1. Section 229-Rotation of President, Governor and Chairman of Local Government Council: - It provided that rotation shall be to these offices between the North and South; the three Senatorial Districts and the Local Government Area respectively
2. Section 220-Multiple political parties: - It provided that there shall be multiple political parties in the federation
3. Section 1(2) provided that no person or group of persons shall take control of government except in accordance with the constitution.
4. Section 1(3) provided that any person who attempted to breach the provisions of section 1(2) shall be prosecuted and if found guilty shall be punished

It is important to point out that the 1995 constitution presented a model constitution for Nigeria.

The current 1999 constitution is a replica of that constitution though this was not acknowledged in any form by the drafters and the makers of the 1999 constitution.

The 1999 Constitution

The Draft 1999 constitution was given to the Constitutional Debate Co- coordinating Committee (CDCC) to work on by accepting memoranda from different shades of opinion and grafting of issue raised into the final draft.

Essentially, the CDCC was inaugurated on the November 11, 1998 by the Military Government of General Abdusalam Abubakar (Rtd) to among other things, pilot the debate on the new constitution for Nigeria, co-ordinate and collate views for a new constitution for the Federation  of Nigeria.

It was reported that the committee benefited from the report of large volumes of memoranda from Nigerians at home and abroad and oral presentations at its hearings. The conviction of the committee from these sources was that the 1979 constitution could be retained with some amendments and additions.

Section 18 provides an instance of such additions. It provides as follows:

1. Government shall direct its policy towards ensuring that there are equal and adequate educational opportunities at all levels
2. Government shall promote science and technology
3. Government shall strive to eradicate illiteracy and to this end, government shall as and when practicable provide:
4. Free compulsory and universal primary
5. Free secondary education
6. Free university education

Free adult literacy programme

One significant improvement was that for the first time, there was a constitutional provision on the environment in section 20 to the effect that; “The state shall protect and improve the environment and safeguard the water, air, land, forest and wildlife of Nigeria”.

The major shortfall of the constitution is that as lofty and innovative as this provision appears, they are not justiceable as they fell under Chapter II which is on Fundamental Objectives and Directives Principles of State Policy. It would have been more commendable if the provisions were enforceable.

Another innovation is contained in section 147(3) where the president is mandated to appoint at least one Minister from each state, who shall be an indigence of such state. This section gives sanction to the even and equitable spread of national political offices.

In the same vein, section 149 provides that a Minister at the Government of the Federation shall not enter upon the duties of his office, unless he had declared his assets and liabilities as prescribed in the constitution.

Lastly, the 1999 constitution is not structurally different from the 1979 constitution. In adopted the position of president who is a Chief Executive, Head of Government and Commander-in-Chief of the Armed Forces of the federation.

In recommending the presidential system, the constitutional conference accepted the main features of the presidential system of government as enunciated in the 1979 constitution.

SELF-ASSESSMENT EXERCISE 8

Examine the peculiar differences and similarities between the 1963, 1979, 1995 and 1999 constitutions of the Federal Republic of Nigeria.

CONCLUSION

An in-depth digging into the archives of Nigeria’s constitutional development history is what has been attempted in the foregoing expositions. A thorough research into this history of constitutional development is further recommended as what has been produced here form the basic background knowledge required by the learner.

SUMMARY

A thorough investigation into the origins of modern constitutions will reveal that, practically without exception, they were drawn up and adopted because the people wanted a document to guide their governance. The circumstances of constitutional development vary from one jurisdiction to the other. However, in almost all cases,  countries have a constitution for the very simple and elementary reason that they wanted, to formally outline, at least, their ethics of governance. This aptly described the situation in Nigeria.

It must be admitted that no constitution is completely adequate and flawless. Hence, there is the need to amend a constitution as occasion and circumstances demand and require.

TUTOR-MARKED ASSIGNMENT

Succinctly attempt a brief history of Nigeria’s constitutional development between 1979 to date.

REFERENCES/FURTHER READINGS

Karibi Whyte, A. H.    “The Relevance of the judiciary in the policy – In Historical Perspective”, Lecture delivered at N.I.A.L.S. in 1987.

Akinola, T. (1985). The challenge at the Nigeria Nation – An Examination of its Legal Development, 1960 – 1985 – (ed).

Heotlet – The Map of Africa by Treaty.

Justus, A. Sokefun (2002). Issues in Constitutional Law and Practice in Nigeria: In honour of Dr Olu Onagoruwa – (ed).

The 1979 Constitution

The 1989 Constitution

The 1995 Draft Constitution The 1999 Constitution