The Nigerian Independence Constitution of 1960

 

Nigeria Independence Constitution

Let us begin with the definition of a constitution- A constitution is a set or body of agreed rules that guides a state or country in its administration. Before Nigeria became independent in 1960, series of constitutions had been used in administering the country, e.g. the Clifford constitution of 1922, the Richards constitution of 1946, the Macpherson constitution of 1951 and the Lyttleton Constitution of 1954. Each of these constitutions has its own features though they are related or linked to each other in one way or the other.

However, when Nigeria gained her independence on October 1st 1960, a home made constitution was adopted thus disposing its predecessor (1954 Lyttleton Constitution), although it still retained some of its features.

 

Here are the main features of the 1960 Independence Constitution

* The independence constitution provided for a democratic parliamentary system of government whereby the office of the head of State is different from the office of the head of government.

* A federal system of government was retained.

* Queen Elizabeth was still the Head of state, Nnamdi Azikwe, the Governor – General, was a ceremonial Head of State representing the Queen until October 1st 1963 when Nigeria became a republican State.

* The prime minister was the Head of government and administration {Tafawa Balewa}.

* The constitution provided for a bi-cameral legislature at the center, the Senate (upper house) and House of Representatives ( lower house).

*The constitution provided a premier as the Head of the executive of each region.

* The fundamental human rights of the citizens were entrenched in the constitution, and also did the constitution defined who a citizen is and how to acquire citizenship.

* The Constitution laid down the procedure for creating new regions.

* It gave the federal government the power to declare a State of emergency in any part of the country.

* The constitution divided the legislative powers of governments into three – exclusive list (Central government), concurrent list (both central and regional government) and residual list (local government).

* The final Court of Appeal was the Privy Council in London.

* The constitution also stated the procedure for the amendment of a constitution.

The 1960 Independence constitution also has other features which included:

* The powers of Parliament to make laws;

* Powers of Public Service Commission in relation to grant of pensions;

* Powers, practice and procedure of Federal Supreme Court;

* Appeals to Federal Supreme Court from Sharia Court of Appeal and Court of Resolution.

This constitution was later replaced by the Republican constitution of 1963 which replaced the Governor-General appointed by the British monarch with a President elected directly by members of the Nigerian federal legislature.

Note:- The independence constitution was rigid, i.e. it was difficult to amend.

 

 

References:

* C. C. Dibie; Essential Government for Senior Secondary Schools; Tonad Publishers; August 2008

* Law Nigeria- Constitution Hub; http://www.lawnigeria.com/CONSTITUTIONHUB/Constitution/1960ConstitutionofNigeria.html ; [Accessed- Oct., 2, 2015]

* The Nigerian Constitution: History and Development; Oluwole I Odumosu; London, Sweet; Maxwell, 1963

Advertisements

55 thoughts on “The Nigerian Independence Constitution of 1960

  1. Hey! This is my first comment here so I just wanted to give a quick shout out
    and tell you I truly enjoy reading through your posts.
    Can you suggest any other blogs/websites/forums that go over the same subjects?
    Thanks a ton!

    Like

  2. Hi, I do beliee your site could possibly be having browser compatibility issues.
    Whenever I take a look at your blog in Safari, iit looks finje however, whnen opening in Internet Explorer, it’s got
    some overlapping issues. I just wanted to provide you with a quick heads up!
    Other than that, excellent site!

    Like

  3. Thanks for the question Mr Hassan Khan.
    The pre-independence constitutions were faced with a lot 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 into Nigeria. The pre-independence constitutions of Nigeria were body of rules impose on the people by the British government. It is notable that there were agitations by Nigeria elites, opposing the different constitution and style of administration. Each of these pre-colonial constitutions had one or two things it was known for, for example, the Clifford constitution of 1922 was known for elective principle, Richards constitution of 1946 was known for regionalism, the Macpherson constitution of 1951 was known to be home made and generally drafted with people’s consent and lastly the Lyttleton constitution of 1954 was known for federalism. Each these constitutions strive to improve more than the preceeding constitution. But, of all this constitutions, none suited the want of Nigerians till they gained their independence and made theirs.
    Thanks for visiting. Kindly ask us any question, we will be glad to be of help.

    Like

  4. Thanks for posting tjisy.It has really help a lot.excellent for you guys pls help with the achievement of the independent constitution. Expecting soon, looking forward for your reply.

    Like

  5. Good morning, I just come across your site now and have read the wonderful work you people have done. bravo!! Kiddos to you all. mean while I wanna ask a question? please discuss the Establishment of Nigeria Police Force

    Like

  6. I am first of all starting with countless thank, for the good deed you keep doing all the times may Allah enlightens your brain and gives more experience. Lastly I want to know about the following: 1) pre- colonial political system 2) colonialization and 3) decolonialization… waiting for your reply plz.

    Like

    1. Amen! Thank you for your nice words, Mr. Usman Garba.

      The pre-colonial political systems of Nigeria are the methods or ways which pre-Nigerian kingdoms or empires administer their area of jurisdiction. Below are links to our posts on the pre-colonial political system of the Hausa/Fulani, Yoruba, Igbo and Benin empire:

      Colonization is the act or process of settling among and establishing control over the indigenous people of an area, Like the British did to Nigeria. And Decolonization simply means the undoing of colonialism, whereby a nation becomes independent of foreign rule. For colonization and decolonization in Nigeria, here are some of our posts that will help you:

    2. Ancient and Modern History of Nigeria
      https://oldnaija.com/2015/07/23/history-of-nigeria/

    3. Kindly let us know if all these are helpful. Thank you and please, visit often.

      Like

  7. Each of the pre-independence constitutions tried to be better than the preceding one(s) by including new features. For example, the Richards constitution of 1946 improved on that of Clifford constitution of 1922 by adjusting the elective principle to be more general and creating regions which were not provided in Clifford constitution. So it is hard to pick out the best among the constitutions. But, going by what I aforementioned, the Lyttleton constitution of 1954 can be said to be better than the rest because it improved on them all. Thank you for your visit, Caliphate Convoy. Kindly do check back.

    Like

    1. Wow, I will say sir that I am happy with the quick response, I have never been disappointed her on this platform, Thank you. Back to the topic, I would ask that how did the military destroy or disabled the Nigerian constitution?

      Like

      1. Thank you for your nice words, Caliphate Convoy.
        It is a popular custom of the military to suspend the constitution immediately it assume power because all military government administer their jurisdiction by decrees. A decree is a formal and authoritative order, especially one having the force of law. So concerning Nigeria, immediately after the first coup staged in Nigeria on January 15, 1966 was successful, as usual, the 1963 Republican constitution which was in use was suspended and this crushed the system of government (parliamentary) Nigeria adopted. After series of following coups, the military handed power back to a democratic government (Sheu Shagari) which will make use of a constitution and not decree to run the country. So, before then, a constituent assembly was elected in 1977 to draft a new constitution, which was published September 21, 1978, when the ban on political activity, in effect since the advent of military rule, was lifted. Political parties were formed, and candidates were nominated for president and vice president, the two houses of the National Assembly, governorships, and state houses of assembly. But unlike the parliamentary system of government adopted in the constitution of the 1st Republic, this new constitution adopted a Presidential system of government.
        If I have interpreted your question right, I think I have been able to answer it. Thank you, Caliphate Convoy. Kindly do check back.

        Liked by 1 person

  8. u guys are super super, kudos to u. if u guys can just create app for dis it will like heaven on earth. pls u guys shld try and create app for it. I enter tru Google and I don’t no hw to save d link on ma phone pls mail me on dat pato2baba@gmail.com and tanks for ur explanation. d invisible teacher I love

    Like

  9. Hello.
    I really appreciate your site and thanking you for your beautiful work, may God continue to bless you with good knowledge.

    Please what are the major differences between 1951 and 1960 constitution? Thanks a lot.

    Like

    1. Amen! Thank you for your kind words, Olubusola.

      The major differences between the 1951 and 1960 constitutions are:

      • The 1951 constitution exercised a limited franchise where only male tax payers voted in the north while both males and females voted in the east and west, unlike the 1960 constitution where every eligible citizen of Nigeria can vote.
      • The 1960 constitution made provision for the office of the Prime minister while that of 1951 did not. The 1951 Macpherson constitution only created office of the governor.

      • 1960 independence constitution proclaimed Nigeria as an independent country while the 1951 constitution proclaimed it as a British colony.

      Thank you for your visit, Olubusola. Kindly do check back.

      Like

  10. Thanks 4 ur post, i have learnt alot of things,thank u 4 ur general contrubution. Pls i have one question to ask which is. What is the difference between bicameral and unicameral legislature?

    Like

    1. You are welcome, Aliyou B. Bicameral legislature has two legislative houses just as Nigeria has The Senate and house of representatives, while unicameral legislature as the name denotes, has just one legislative house. Countries that has one legislative house include, Israel, Sweden, Denmark, Finland, New Zealand and so on. Thank you for your visit, Aliyou B. Kindly do check back.

      Like

  11. STOP TALKING ABOUT OLD NAIJA. TALK ABOUT NEW NAIJA. THE PAST IS GONE FOREVER. NOBODY WANTS TO READ ABOUT IDIOTS WHO HAVE DIED LONGEST TIME. teslim, GET A LIFE AND STOP BEING A BASTARD IDIOT IMBECILE OR I WILL REPORT YOU TO STATE SECURITY FOR TRYING TO BREAK UP NIGERIA. IF YOU MENTION ‘BIAFRIA’ IT IS AN ACT OF TREASON!!!1

    Like

  12. We have to talk about OldNaija. We have to talk about the past of Nigeria. If you don’t care, many people do. Even foreigners! Also note that OldNaija believes in One Nigeria! Thank you Palaces199. Kindly do check back.

    Like

Kindly share your thought on this post. OldNaija love your comment!

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s