Constitutions under the Colonial Era: 1914 Constitution; Clifford’s Constitution, 1922;

Richard’s 1946 Constitution, MacPherson’s Constitution of 1951; 1954’s Lyttleton’s

Constitution
 A Few Comments about Colonialism and
Nigeria
• The formation of what Nigeria is today can be traced to
colonialism. It is important to examine what
colonialism is and its agenda was. as Ekeh (1975:93)
says it is to colonialism that we must look for any valid
conceptualisation of the unique nature of African
politics. Osaghae (2006:234) reiterates this position. To
him, the character and pathologies of contemporary
African politics takes root from, and has been shaped
by, colonialism.
• there would have been no Nigeria as a state if
colonialists had not merged together erstwhile
independent communities and named it Nigeria. It is
the colonialists that gave birth to Nigeria, formed its
institutions, set its bureaucracies in place, decided the
rules with which Nigeria is to be administered and
determined the mode of governance with which the
country is to be governed.
• The kind of politics the colonialists introduced to Africa was
quite different from the kind obtained in their home
countries. Largely, the type of politics the colonialists
practised back home was responsive to the needs of their
people and geared towards improving the lot of their
citizens. But the type they introduced to Africa was
exploitative and directed towards expropriating the human
and natural wealth of the African continent. Politics in the
colonial era was aimed, strictly, at the maximisation of
returns from the colonised states for the advantage of the
colonisers.
•the prime motive for the establishment
of colonies was economic” and in order
to realise their economic goals, the
colonialists employed means that are
immoral in achieving the ends they
sought.
• Another thing that may be said of colonialism is that it
was governance by conquest. As such was meant for
subjects and not citizens.
• It, like military rule, is done through the instrumentality
of brute force. Because it is governance over subjects,
obedience must be commanded and not earned. The
manner in which colonialism came to be established
reflects this. This was through overthrowing of legitimate
indigenous authorities. This led to the annexation of
Lagos in 1851, and the making of Lagos the Crown
Colony.
• Colonialism was based on a divided and rule legacy. A
manifestation of this is that people were played
against each other and this shows in the way the
educated elite were played against the indigenous
rulers.
• In some way, colonialism disregarded tradition. This is
obvious in the colonial leaders were appointing
traditional chiefs.
Key Dates in Colonialism
• The annexation of Lagos took place in 1861
• 1900, the British formally took over the administration of
Nigeria: The Crown Colony and Protectorate of Lagos;
Protectorate of Southern Nigeria; and Protectorate of
Northern Nigeria
• 1906, the merging of Crown Colony and Protectorate of
Lagos and the Protectorate of Southern Nigeria.
• 1914, Amalgamation of Lagos Crown Colony, Southern
Protectorate with Northern Protectorate
• Note that the amalgamation was pursued
because 1. the British government had no
interest in using its wealth to pursue the
administration of the emerging country; 2. as
such the wealth of a part ( the south) had to be
used for all. Lord Lugard argued that a merger of
the two protectorate will lead to a more stable
administrative structure which will be less
demanding on the home government
The First Attempt at Constitution-Making-
The 1914 Constitution
• Under the British, the constitution was enacted by order
in council.
• There was the amalgamation of the Lagos Crown Colony
with Protectorate of Southern Nigeria and Northern
Nigeria.
• Before 1914 the North and South were each divided into provinces for
administrative convenience. The present day Western Nigeria, and the
then Northern region followed a pattern of provincial boundaries that
had existed before their inception in Nigeria. However, in the East,
artificial boundaries were created because in the East the indigenous
and social organisation was most fragmentary. Each province under
the control of a British resident, with other administrative officers
(District Officers and Assistant District Officers) below him in charge of
subdivisions of the province; all officials were responsible to the chief
executive of the territory.
• Nigeria was administered under the British Monarch through
her appointed agent, which is the Governor-General, with
Lord Lugard being the first Governor-General
• There was the creation of a Legislative Council. This Legislative
Council only had power to make laws for Lagos only.
• The Governor-General had the responsibility of making laws
for the rest of the country.
• This constitution was operated for 8 years until 1922 when
the Clifford Constitution came into force.
Clifford’s Constitution of 1922
• Sir Hugh Clifford became Governor in 1922 and in
response to political agitations in Nigeria and some West
African Countries had to carry out some political reforms
which gave room for more participation in the governance
of the state in the legislative council.
• However, although there was the attempt to ensure more
representation at the legislative level, there was not such
a thing at the executive level. The situation that obtains is
that all executive members remain British.
• As a colonial governor he reported to the Secretary of
State to the colony who happens to be a cabinet
member of the British parliament. This goes to
reinforce the claim earlier made in this course that
colonialism ensured that governance was not
responsible to the people of the colony but to the
colonial masters.
• A major plus of the Clifford’s constitution is the
introduction of the election principle to Nigeria. This led
to the election of four person with three representing
Lagos and one representing Calabar. This is inn response
to certain agitation at the local level for representation.
This agitation is borne out of the exposure of certain
Nigerians to western education. It is also as a result of
pressure from other African countries who were already
agitating for against colonialism and more inclusion
• However, while the Clifford constitution may be praised for
introducing the elective principle into the Nigerians constitution for
the first time, the nature of the franchise is that of limited franchise.
This constitution restricted the eligibility of voters to the ability to
earn 100 pounds. The implication was the disenfranchising of many
Nigerians. Thus, in line with the philosophy underpinning colonialism,
many people had no say in the governance of the country.
• You may add to this the fact that other areas of the country do not
even have this opportunity that was extended to Lagos and to
Calabar.
• There was an expansion of the legislative council from
36 members, which was what obtained during the
time of Lord Luggard to 46 members. The 46
members comprises of twenty-seven official
members; nine African unofficial members, three
elected representatives from Lagos; one elected
representative for Calabar.
• However, the legislative council was responsible for
the making of laws for the south
• The Northern part continued to be ruled by
proclamation from the governor. This buttress the
divide and rule policies of the colonial administration
with separate laws for the south and a different set of
approach to the north. The legacy of such style of
governance is still obvious today. The north continue
to have a life of its own in the country, and lags
behind in development, education and lifestyle
• The governor exercises veto power over the laws made by
the legislative arm. And a lot of time, the British
Government, whom the governor is responsible to, could
give directives to the governor as to what to do in relation to
a law made by the governor. This show the extent to which
the people had freedom over their own political destiny. The
truth of the matter is that the people had little or no say in
their governance
• The Clifford Constitution provides for a situation in which there were
unofficial members. These unofficial members were to hold their seat
for five years and this was renewable for another five years. This kind
of representation, in which there were unofficial members indicate
that the loyalty of these people will be to the governor and not to the
people of Nigeria for he who pays the piper dictates the tune.
• Such an arrangement in the legislative council in which there were
more unelected Nigerians in the legislative council is self-defeatist.
This is so because the truth of the matter is that as there are normally
cases of votes to decide issues, Nigerian voice on issues cannot be
heard for there are more on the side of the British than on the side of
Nigerian.
• May we also note that this kind of arrangement ensured the
interference of the executive in matters bordering on legislative
decisions. The import of this into Nigeria’s politics is obvious as the
executive arm of government, in a post-colonial Africa, continue to
• Further buttressing the interference of the
executive and the British government in
legislative business is the fact that the governor
could suspend with the approval of the British
government, any member of the legislature.
However, whereas the member of the legislature
were meant to be able to carry on their duties
without fear or favour, this was not the case
• A major effect of this constitution is the
expression of greater nationalism on the part of
Nigerians. As would be seen, there was the
battle for constitutional reforms as people asks
for more representation in the legislative council
• The constitution was instrumental in permitting the introduction of
political parties. This led to the formation of Nigerian National
Democratic Party (NNDP) of Herbert Macaulay in 1923. This party was
formed in order to serve as a platform for contesting elections which
the Clifford constitution made provision for. The party won all the
seats in the elections of 1923, 1928, and 1933.
Richard’s 1946 Constitution
• After the exist of Sir Hugh Clifford, Donald Cameron and Sir
Bernard Bourdillon ruled Nigeria. These two did not do much
in terms of further developing the constitution. However,
Boudillon, for administrative purposes divided up Nigeria
into the North, East and West thereby introducing
regionalism into Nigeria’s politics
• It is important to reiterate that the making of the constitution during
the colonial era was to some extent responsive to the yearnings of
people of Nigeria. To buttress this is the fact that the Richard’s
Constitution was in response to some complaints about Clifford’s
1922 Constitution.
• Colonial era constitution was also to some extent responsive to the
need to shape local politics because in actual fact there were
dynamics that shaped events as a result of how people who were
formerly free were relating to each other and the tension this was
creating. Events also over time revealed the need to manage the
differences among the different parts of the country.
• In some way the 1946 Richard’s Constitution aims
at responding to yearnings from Nigerians and to
address certain issues peculiar to the evolving a
Nigerian nation which gets patriotism and
cooperation of all Nigerians. Son the Richard’s
Constitution is enacted to promote unity in Nigeria
and to ensure greater participation of Nigerians in
the discussion of their own affairs.
• This constitution came into effect on January 1,
1947.
• A major feature of the 1946 constitution is that it introduced
regionalism into the country. This is obviously done out of the need to
have the peculiarity of different sections of the country managed
differently. The predominantly north, the east with stateless structure
and the west with some state structures. Note also that these
different regions had different cultures, some of which are conflict
and need to be manage.
• In addition, the introduction of regionalism into the country will help
the different regions to manage their development and peculiarities
• The three regions were allowed to have legislature. There was a
central legislative council of 45 members;
• In the attempt to manage the differences between different parts of
the country there was the creation of a legislature that will help
manage certain peculiarity. The northern part of the country, was
given a bicameral legislature- House of Assembly and House of
Chiefs. The Houses in the Western and Eastern parts were to have
unicameral legislatures
• A major improvement on the structure and duty of the
legislature is that the Central Legislative Council was to
legislate for the whole country. This was in contrast to the
previous arrangement in which the legislative council did
not legislate for the north.
• The regional houses had no independent legislative power. A
law concerning a particular region was sent to the legislature
of that region from the Legislative Council in Lagos, for
consideration and advice. The Governor could reject the
advice of the regional legislature.
•The Constitution retained the veto
power of the governor. The Governor
had reserved powers to act if the
Legislative Council refused what he
proposed to do. The Secretary of State
for the Colonies must however, approves
such proposals of the Governor.
• The elective principle which was in the 1922 constitution was
retained. One, only Calabar and Lagos could still vote. Two, there was
the reduction of the level of income one must have before one could
vote. So there was the reduction from 100 Pounds to 50 Pounds. This
shows that there was the retention of certain discriminatory
principles against those who were being rules. It also shows that the
pressure being mounted was useful in getting the British to respond
to local requirements.
• In addition, the executive council was expanded to accommodate
Nigerians. This was so for the first time. So, Sir Adeyemi Alakija and
Bankole Rhodes
Merits of Richard constitution of 1946

• It was an improvement of Clifford constitution of 1922

• Greater consideration was given to Nigerian opinion in
the making of laws than under the 1922 Constitution.
• It gave the division of the country into East, North and
West the force of Law.
• The Federal idea was the most popular feature.
Demerits of Richard constitution of 1946
• The constitution failed by not giving Nigerians responsibility in the
actual administration of their country
• The governor still retained his veto powers thereby making a mockery
of the legislative council.
• The elective principle was still as restrictive as under the 1922
constitution.
• There was widespread dissatisfaction with the constitution which led to
its collapse in 1949.
• The right to vote was limited to people with high income or property.
• European interests were still represented in the Legislative Council.
• The constitution was promulgated with the least possible consultation
with the Nigerian people.
 MacPherson’s Constitution of 1951
• Sir John Macpherson, whom this constitution is named after, took over
from Sir Arthur Richard, as Governor of Nigeria in 1949. This
constitution came to be because the elites and educated indigenous
Nigerian leaders agitated for increased autonomy for the regions with
the aim of enabling Nigerians to take over the governance of their
country.
• The Richard’s Constitution was to last for nine years, but as a result of
the criticisms levelled against it, it was replaced in 1951.
• Herbert Macaulay and Nnamdi Azikwe travelled to important towns in
the country to educate people on the issues at stake and to collect
donations with which protest will be sent to London.
• In order to allow for wide input from Nigerians, three years (1948-
1951) were given to gather Nigeria’s opinion on the what Nigerians
wanted at the district, provincial and regional levels.
Main Features of Macpherson Constitution
• 1. The Establishment of a central unicameral legislature known as the House of
Representative. Membership of this legislative house consists of those who were
elected directly (for those representing Calabar and Lagos) and those who were
elected indirectly from the regions, through the regional Houses of Assembly.
• 2. The Central Legislative Council is made up of i) the President; ii) Six Ex-Official
members; iii) 136 representative members from the Regional Houses; iv) Six
Special Members appointed by the Governor to represent certain interests not
adequately represented in the House
• 3. The review of the franchise to accommodate 21 years and above as long as
they pay tax and were resident in the region for at least 12 months, in order to
be eligible to be voted for. The only exception was in the north where women
could not be voted for
• 4. The office of the Lt. Governor was retained for the regions as chief executive
and chief law giver. However, although the Lt. Governor in the region is the chief
law maker, any bill passed into law by the regional houses must be approved by
the Governor in Lagos before being accented by the Lt. Gov.
• 5. The constitution divided the country into three regions- Northern Region;
Eastern Region; and Western Region. Each region has a regional legislature and
regional executive council. Bicameral legislature operated in the north and in
the south, while the east had a unicameral legislature.
• 6. In the North, as in the West, there was the House of Chiefs, in addition to the
House of Assembly. The House of Chiefs is made of first class kings and other
chiefs nominated by the Lt. Governor at his discretion. The Lt. Gov. presides
over the House of Chiefs in both the Northern and Western Regions.
• 7. The Houses of Assembly in both the north and the east were presided over
by the Lt. Gov. in each region, while in the West the House of Assembly is
presided over by someone appointed by the Lt. Governor.
• 8. The central executive council has the Governor at the apex of the structure
and he is empowered to make laws on behalf of the Her Majesty, the Queen.
The governor is assisted by a council of ministers that are nominated from
among the membership of the regional Houses of Assembly. However, the
ministers have no specific portfolio. They are assigned responsibility at the
discretion of the Governor.
• 9. The Governor could raise bills to be debated by the House of
Representatives, but has the power to bring any bill into force as law if he
considers it as being expedient to do so.
• 10. West Cameroun was directly administered by the Governor from
Lagos through a Chief Commissioner that is resident in West
Cameroun.
• 11. West Cameroun had no legislative house but has representation in
the House of Representative through indirect election by Native
Authorities in the territory.
Shortcoming of MacPherson’s Constitution of
1951
• A lot of the defects affecting other constitutions made under the
colonial era affect this constitution. One, it is obvious that the people
for whom the constitution is made do not have all the say as to how
they should be governed. The colonialists still have restrictions as to
what areas can be touched and what areas the people cannot not
legislate over. Second, and flowing from the first, even in areas that
the people have be given some freedom, it is obvious that the people
do not have the final say as the Governor or the Lt. Governor has the
right to override some decisions or laws
• Third, there was no uniformity in the laws with which the country was
administered. The peculiarities of the different regions of the country
was backed by law. This has the unfortunate effect of accentuating
the differences of the regions rather than seeking to bridge the gaps
between the regions.
 1954’s Lyttleton’s Constitution

• No matter how desirable The MacPherson Constitution of 1951 was,

it still fails to address all the problems associated with constitution
and constitutionalism in Nigeria. It also failed to address all the issues
relating to social and political problems emanating from Nigeria. This
is principally so because the people were not free and do not have
their social and political destinies in their hand. So the agitation for a
free Nigeria continued to plague any constitution made. In order to
address this, there is the need for political independence.
• There were some failures of the Macpherson constitution which
necessitated the need for a new constitution.
• Too much veto power was vested in the Governor and Lt. Gov who
could without accent to the bill passed by the houses. This proves the
position held in this course that because the constitution was made
under the colonial masters there were certain limits that the
constitution imposed which would not have been imposed if the
people were free. Thus colonialism imposed its own nature on the
constitution.
• Another defect of the Macpherson constitution was that the powers
of the regions were limited in making laws and there was limit to the
autonomy it enjoyed.
• These defects necessitated the need for consultation with the people
and another constitution
• The Lyttleton constitution moved a little closer to this. There were
conferences held in London and in Lagos to address the agitations of
Nigerians
The London Conference of 1953
• The aim of the London Conference is to discuss the constitutional and
governance structures of Nigeria. This conference was held between
30th July and August 22, 1953.
• The London Conference which was held in Lancaster House, London
had in attendance four (4) delegates from the regions.
• At the Conference, the need for the regions to have autonomy from
the centre was emphasized and agreed on. The centre is to handle
such functions as Defence, External Relations, Foreign Trade, Water
Control, Central Court of Justice among others.
• Nigeria is to become a federal system of government with two
legislative lists- exclusive list and concurrent list.
• The conference agreed to a concurrent list shared by the centre and
the regions. The concurrent list contains: higher education, industrial
development, power, insurance etc.
• The regional head, the Lt. Governor is to be know as the Governor,
while the central governor, the Governor, is to be called the Governor-
General.
• In the case of any conflict between federal law and regional law, the
federal law is to prevail.
• Lagos is to become a federal capital territory.
• Another decision taken had to do with regional autonomy. Regions
who are ready for it will have internal self-government by the 1956.
1954 Lagos Conference
• There were key issues that could not be agreed on during the 1953 London
Conference. This necessitated a follow-up conference in Lagos in 1954. This
conference took place in January, 1954 under the Chairmanship of the
Secretary to the State for the Colonies, Mr. Oliver Lyttleton.
• The following are some of the highlights of that conference.
• 1. That the system of governance in Nigeria should be federalism.
• 2. Public service should be regionalised
• 3. Federal government should fund the regions fro centrally collected
revenue.
• 4. Organisation of election on the basis of political party
Features of The Lyttleton 1954 Consttituion
• The agreements of these conferences were the things incorporated
into the 1954 constitution which was named after the Secretary of
State for the Colonies at the time, Sir Lyttleton.
• 1. The membership of the House of Representative was increased to
184.
• 2. Lagos became the Federal Capital Territory and was caved out of
the West.
• 3. There was the introduction of the principle of federalism with the
sharing of government power between the regions and central
government.
• 4 The House of Representatives was to be presided over by the Speaker and not
the Governor
• 5. The public service and the judiciary and marketing board were regionalised.
• 6. The Police was made a central/federal subject
• 7. For the first time, there was the creation of the post of Premier in the regions.
The duty of the premier is to advice the governor of his region
• 8. The governor of the region was no longer a member of the federal executive
council
• 9. There was still the northern, western and eastern regions. The northern and
western regions were to operate bicameral legislature- House of Assembly and
House of Chiefs; while the east operates a unicameral legislature- House of
Assembly.