COMPARISM OF THE PRE AND POST-INDEPENDENCE CONSTITUTION OF NIGERIA

Comparism of the Pre-colonial Constitution with the Post independence constitution of Nigeria, with Characteristic and finding answer to why government of the centre has become so powerful vis –a –vis other tiers of government.

In answering the above question, one may need to know briefly what is a constitution and the entity called Nigeria. A constitution is a body of rules, which regulate the conduct of people and government or organization and its members. But for Nigeria, it is a political entity that is a product of the British colonial rule in this part of West Africa in 1861. The country is made up of people with different ethnic, religions and cultural background before the interruption of their individual social processes. They were autonomous and freed societies or groups with their own peculiar and relative administrative system which were not codified in writing but served the desired purpose of administration.

Until the amalgamation of Nigeria in 1914 by Lord Lugard, established the Nigerian Council the country was administered separately as Northern and Southern protectorate and the Lagos Colony. Under this new arrangement the country was now brought under a central administrative system under the leadership of Lord Lugard as the Governor-General, representing the King of England with the necessary delegated powers to administrate.

The constitutions development of Nigeria  was an evolutionary process of different constitutions before and after the independence. The pre-independence constitutions of Nigeria were body of rules impose on the people by the British government. This, there were agitations by Nigeria elites, opposing the different constitution and style of administration.

NIGERIA PRE-INDEPENENCE CONSTITUTIONS

The Clifford Constitution of 1922: The pre-independence constitution was faced with several review and adjustment for the purpose of administrative convenience. The first pre-independence constitution in Nigerian was the Clifford constitution of 1922. This constitution introduce the elective principle by the town council composed of forty-six members, twenty seven of whom including the governor ere official members of the remaining nineteen in official members fifteen were nominated by the Governor while only four were elected. And three of the elected seats were allocated to Lagos and one to Calabar. In total, there were ten Africans in council and four of them were elected.

Apart from the Legislative council, as advisory body was also established to be known as the executive council with membership of twelve people under Article 4 of the Royal Instruction of 19922. The council had no African as a member until the appointment of two African in the council in 1943.

The constitution supported the division of the Northern and Southern provinces of the protectorate. The legislative council had competence to legislate only on expenditure of money in the Northern provinces. While it was the prerogative of the Governor to legislate for their territory by proclamation.

The Lieutenant Governors of the Northern and southern province were member of the legislative council by virtue of being members of the executive council

Under this constitution, though the legislative was given the power to legislate matters of peace, order and good governance for the colony and southern province of Nigeria, the Executive council wielded by advising the Governor on policies. The unofficial and elected Africans were subject to re-nomination, the member of the Executive council.

The Richard constitution 1946: Prior to the Richard constitution of 1946, there were series of political and economic agitating by Nigerian, propelled by the Nationalist activities propagated by the Nigerian youth Movement particularly by elites who were alienated from participation in their own affair and government by the colonial government. Therefore, there were press propaganda, activities of trade union movements and general strike in 1945.

By I January 1947, the Imperial Order and Council referred to as the Richard Constitution came into force. It was based on a proposal contained in a white paper that was approved by the Nigerian council, amended by the imperial parliaments before passed into law. The object of the Richard constitution where to promote the unity of the country, provide adequately for the desire of diverse elements which made up the country and secure greater participation by Africans in the discussion of their own affairs

This constitution brought the North and South under a single legislative authority for the first time. The good thing about this was that for the first time over 33 years of the formative stage of Nigeria that the North and South were denied a common legislative ground and experiences fundamental for creating a common and united country.

The 1946 constitution provide for an unofficial African Majority in Legislative Council of twenty-five appointed and four elected. Dividing the country into three regions of North. East and west and each of the regions had their legislative council as well as House of chiefs for the northern and western regions.

For the elective principle as introduced by the 1922 constitution the structure was the same, still four elected Africans for Lagos and Calabar and the only difference was that income requirements  for election was reduced to 50 pounds by the election regulation of 1946. under Richard’s constitution the Governor, reserved the power of legislation by certification, suffice to say that if the legislative council refuse measure proposed by Governor and his officials, the constitution create a new council but ways similar to that of the 192, except that in1943 and1949 one Nigeria each was appointed into it as members of the Executive council .Regulation House of Assembly was assigned specific and distinct functions.

The Richard constitution linked the Native Authorities with the Regional Assemblies and through the Regional Assemblies to the Central legislative. It Regional councils were the organs for nominating representative to the legislative council. Regional House of Assembly was assigned specific and distinct functions

Despite some of the progresses that Richard constitution achieve a lot was yet undone, hence the opposition by the Nigeria political elites, who felt, that the constitution was another imposition, aspirations. Executive and Legislative councils were still advisory bodies and the Regional Assemblies had no power to legislate but a mere “deliberating and discussing” assemblies. Ethnicity was further orchestrated in the Nigeria polity due to regionalization of the political structure. And Executive and legislative councils were subject to the control of the imperial parliament.

Undoubtedly, the grievances against the Richard Constitution of 1946 predicated upon its demerit were justifiably supportive of change. The turnout of events after the second. World war of 1945 led to rapid increase in National Movement, and risen in number of educated Nigeria. By 1948 the Richard constitution was truncated.

The McPherson constitution 1951: this was the constitution after Richard constitution; there was debate at a general

The constitution gave legislative authority on specific matters to the Regional houses contrary to that of the Richards constitution. This authority was also limited, as regions had no exclusive competence over matters specifically assigned to it by constitution. While the central legislative had an unlimited power to veto propose legislations at the region .the constitution established Executive councils at regions as well as at the centre, which was later, otherwise called council of Ministers.

The constitution made the Region to greatly depend on the centre .The control of Revenue was according to provision of the Revenue order in council 1951, where payment to the Regions by the centre was stated. Here the second chamber of legislature (House of chiefs) provided in the west a boost to representational government. And for the first time the Nigeria civil service was recognised through the civic service commission.

In the process of constitutional evolution in the pre-independence era, every new constitution was always with the intention to make good the fowl areas of the previous, yet they too were the answer. Thus the McPherson constitution of 1951 was rejected for its numerous defects.

Amongst them was the indirect election of members to the central legislative council, the political crises of the East Regions House Assembly in 1953 raised by Chief Anthony Enahoro. Moreso the McPherson constitution recognised politics instead of centralizing it with the three major political parties i.e. Northern people congress *NPC(, Action Group(AG) and the National council for Nigeria Citizens (NCNC) were only effective in the North, west and east respectively. Simply put it failed to create true federalism.

The Littleton constitution of 1964: this was predicated on failures of the 1951 constitution as a result of the London conference of 1953 and Lagos conference of 1954 .evidently for the first time there was introduction of the principle of separation of power in the Nigeria Government .Governor-General and Governors were no longer part  of legislative, and thus federation was adopted where power was shared for the central and regional government by the constitution and the exclusive  list and Residual list respectively also goes to emphasis it. Office of the speaker and a deputy speaker were created .the council of Minister was compose, Governor-General as president.

Revenue Allocation to regions was on the basis of derivation, Lagos was officially declared as the federal capital Territory. And Nigeria elites were given better opportunities to participate in the Administrative of the country.

NIGERIAN POST-INDEPENDENCE CONSTITUTION

The independence constitution 1960: This was consequent upon the 1958 constitution conference held before independence. It was convenience to consider other reports of the Minorities commission and the Fiscal commission and to consider other matters outstanding attended by various political parties.

Here power was transferred from an appointed Governor-General of the Federation and Governor of Regions to Federal Prime Minister and to Regional Prime Minister. It was not radically different from the 1954 constitution. The Queen of England was still head of the Nigeria government represented by Governor-General Dr. Nnamdi Azikiwe.

Nigeria became a full-fledged federation with three regions, and there was now a bi-cameral legislature for the three regions with fundamental human rights entrenched in the constitution and emergency powers conferred on the federal government, which it can evoke to declare a state of emergency. The Governor –General appointed as the prime Minister. The leader of the majority party in the House of Representative, Sir Tafawa Balewa of the (NPC) was appointed the first prime minister in Nigeria.

The 1963 constitution: Like other constitution. The 1960 constitution has its defect. After the independence two years later, political crises began to rear its ugly head in Western Region.    

Therefore, the Queen of England under the new Constitution who no longer the Head of state and the constitution established the federal Republican government of Nigeria, the supreme court of Nigeria became the highest court of Appeal instead of the Privy Council in London. The formula for revenue allocation was no longer based on deviation but in need, national interest and even development. Thus a fourth region the Mid-West region was created. And a National Assembly made up of the president, the Senate and the House of Representative was established.

Unfortunately this indigenous republican constitution suffered from the political mechanization and interest of majority groups in the country, which was centred on power control and economics benefit. Northern Nigeria had a large population and territory and no thanks to the colonial constitution. Consequently there was deep rivalry between the ethic and regional  groups. This constitution ended with the first republic due to the Western Region Action Group crisis of 1963, the census of 1962-64, wage labourer strike of 1963, the 1964/65 federal elections and the western region election 1965. Leading to a military overthrow of civilian government in January 15, 1966. This was also due to the lack for constitutionality by political class, there was on separation of power, no checks and balance and the independence of the Judiciary was absent because the judicial service commission no longer appoint judges.

The 1979 constitution:  The imperfection of the 1963 constitution made the people to desire a new constitution, which gave rise to the 1979 constitution, 13 years after military rule that there was a new civilian government in Nigeria. The constitution was drafted by a 49 member committee headed by chief Rotimi Williams in 1975 and was later ratified by the constituent Assembly IN 1978. Its outcome formed the framework for the 1979 constitution. And for the first time in Nigeria this constitution in its preamble and section (2) states that Nigeria shall be an indivisible, in dissolvable sovereign Nation under God.

And to achieve this, the constitution consolidated power at the centre a usual centralizing and standardizing tendencies of a military government; there was a federal constitution for Nigeria while the constitution of the federating states was abolished. With this development the other tires of government now have to organize their governments with the co-ordination of the power at the federal or central government.

Under the 1979 constitution the composition of government or any of its agencies were expected t be done in such a manner that would indicate the federal character of Nigeria, to promote national loyalty and to also prevent any one, group, state, ethnic or religious section from equity and fairness in the country.

The 1979 constitution replace the former parliamentary system of government with the American styled presidential system, providing direct election for the president and state governors and deputies via president and the principle of balance of power was adopted. The following bodies were established by the constitution-the Council of State, National Economic Council, Federal Electoral commission, Federal Civil Service Commission, police Civil Commission, public Complaints Commission, Nigeria Security Organization, National Security Council and National Defense Council.

Amongst a few of the defects f the 1979 constitution was that the presidential system was too expensive to maintain. There were clash of conflict between the executive and the National Assembly. Its impeachment clause was too flexible and had the propensity to lead to instability like the breach in procedure- constitutionally ultra vires action of removing Alhaji Balarabe Musa from office as the then Kaduna State Governors, corruption and abuse of offices were on the increase especially as lobbying was legalized. As a result on December 1983, three months into the second term of the ruling National Party Nigeria (NPN), the government in power at the centre that major-Gen Buhari in a bloodless coup deposed it, and all political activities and the 1979 constitution was suspended.

The 1999 constitution: until 15years later the Nigerian polity was dictated by the military because there was no civilian government. And for the purpose of political transition the present 1999 constitution was evolved. It was an off shot of the supposed 1998 constitution and the 1979 constitution which was nibbed in the bud as a result of the death of Gen. Sani Abacha.

And consequent upon the political agenda of self –succession plot by the late Gen. Sani Abacha, the conference report and the drafted constitution differed so greatly that it was disowned and rejected by the conference delegates. It was after the death of Abacha on June 8 1998 that the new military leader Gen Abdusalam Abubakar quickly re-organised the entire political class to pave away for a democratic government in Nigeria. Hence the appointed a constitution Review Committee headed by Justice Niki Tobi to review the 1998 draft and was passed as law by the Military council on 1999.

Therefore, from the manner in which this constitution was written, the 1999 constitution is yet to find a solution to current intra and inter-governmental relationships, ethnic and other social imbalances in Nigeria.

SUMMARY

There is no doubt that the constitutional development process in Nigeria from pre-independence to the post of era is very interesting; bring to mind the different contributions to the political and administrative progress in Nigeria. The pre-independence constitutions were largely to promote the economic interest of Britain. But until the 1940s that there were growing agitation from the people to participate in decision making process and the self-government. All through this era power of government right from 1922 was centralise even though their colonial administrative representation in the southern protectorate and Lagos colony. Which was due to the desire for power by man and administrative convenience of the colonial government? The power of the centre was a absolute, administrative duties and other function of government was done by regulations.

The principle of separation of power was absent in the pre-independence era .thus the chief executive or Governor-General could seat at the legislative with so much powers to even reject or frustrate laws made by the legislative if not in his interest. The executive council member had an indirect influence over the influence one of the legislative via the Governor-Genera. Executive Council members were appointed into office with the legislative later enjoyed the elective principle as introduced by Richard constitution in 1946.

Effort of the early political parties to have political power in the pre-independence period, their role supported the regionalization of the country along three lines, propagating political domination of the minority by the majority at the regional level while where was still more power in disguise concentrated at the centre, that the central legislative had unlimited powers to veto the legislation from the region. The regions therefore greatly depend on the centre, that he control Revenue was according to the Review order of 1951, were the provision for showing revenue was stated using the principle of derivation.

Upon the consequence of having much power concentrated at the centre, the pre-independence constitution of 1954 did try to arrest the imbalance by providing for the exclusive and resident list defining the areas to which the central government, that of the central government to overrides the regions. Each region was sub-divided into provinces and a further divide into districts where administrative power and authority of government would befell. But with the political and power distribution arrangements in the later years of pre-independent Nigeria government was near a quasi-unitary system even with the introduction of democratic process in the late 1950’s.

There was exercise of excess power at the centre. That government of the federation was given the power to declare state of emergency in any part of the regions if there was brake down of law and other, subject to abuse.

In comparison the post-independence constitutions of Nigeria had no much difference with the pre-independence constitutions visa-avis as it affects the centralization of power at the centre, Except that they were among other reasons purely indigenous. Since it is government objective to have a united and indivisibility entity of Nigeria, the post-independence constitutions have to centralize power at the center. The seceding Eastern Nigeria 1967-70 went that far because of the region structure that aided mobilization at that level.

Like the per-independence constitution of 1963, the 1999 post independence constitution allows the federal government the power to declare a state of emergency in any part of the country. States like the regions have more domestic powers and therefore subjecting themselves to the total submission of the federal or central government.

The arrangement was condemned by the non- Igbos particularly the Hausa’s fear of Igbo domination. And there was a northern counter coup, which removed Gen-Ironsi and brought Gen- Yakubu Gowon. Ironically the power centralization was still the same, but divided the country into twelve state structure abolishing the regions. Suffice to say that this further weakling the regions with the federal military government having more powers.

The 1979 and 1999 constitutions with regards to Exclusive and Concurrent list there further promote a stronger government at the national or centre like the 1963, where the exclusively contain the list of matters that the federal legislative can legislate on exclusively while the concurrent list is for both the National Assembly and well as the individual State Houses of Assembly. But where there are conflict of interest that of the federal government overrides.

The 1979 and 1999 constitution support the land use Act of 1979. Which oust the jurisdiction of any court to amend or review it. This has permitted the financial strength of the federal government were all resources in and beneath the ground belongs to it. This had resulted over the years in the clamour for change in the revenue allocation formula for the country where the federal government receives more than half of the total Revenue received by Nigerian governments. But the federal government justifies its position on the ground that it had more responsibilities than the individual state put together. The internal and external affairs ministries are directly under the control of the federal government to the extent that states cannot directly embark on international relations and businesses without going through federal agencies.

Furthermore the 1999 post independence constitution on security centralized the Nigeria police that no state government have control or can give directive to the police commissioner in their respective state without the federal government involvement. This development has encourage the clamour for state police to bring police commands under each state government, like the pro-independence period of the 1950 when there were regional police

Consequently centralization of both economic and political power at the federal or centre government in Nigeria, people now clamour for power shift and from one political regions to another an alternative to balance the infrastructure and economics imbalance of various disadvantaged states or political zones. Hence the call on the federal government to convene a sovereign national conference to correct the may defects in the Nigerian social, political and economic distributions of the country which federal government is adverse to the fear of balkanization of the Nigeria state.

CONCLUSION

Power in the pre- dependence and the post- independence constitution adjustment or development had not indicated any sincerity on the party of the centre or federal government to divulge power to other tier of government as the federal executive and legislative arm of government had much power o themselves. Suffice to say that no significant change or improvement has been made to practically share power with other tiers of government. Colonial administration and post-independence governments centralize its control of power, supported by the various constitutions

The reasons are to ensure a one and indissoluble stat. but the efforts to unite the people by government with a stronger federal government through it federal character policy of representative is yet to be a panacea for the federating units because development has been very uneven among various states and zones and the poor economic situations of the country. But this notwithstanding, if power must be share adequately between the centre and the federating units, reducing over centralization of power at the centre, the other tiers of government must be ready to increased their responsibilities  and established that more power at the state and local government level would not jeopardize the corporate existence of Nigeria.