NIGERIA is 64 years today and everywhere seems to be quiet because of the economic and security situations in the country. Today in 1960, Nigerians were in high spirit that a nation with high prospect was born.Unfortunately, that hope and great expectations of our forefathers seem to be a dashed hope because of corrupt leadership sheepish followership.
It is a pity that after 64 years of nationhood, Nigeria is still battling with the issue of a new constitution. How can we build a viable nation without a peoples’ constitution. As we mark yet another year of the birth of a nation that has refused to grow like others in the comity of nations, like us look at the constitutions that led to our independence in 1960.
The road which led to October 1, 1960, was long and hard; it was not easy to formulate a constitution, which would allay the fears of the various ethnic groups. But out of love of country, Nigeria political parties sank their differences – and demanded independence with one voice.
Every country is born free. But the principle of “Might is Right deprived many countries in Africa and other parts of the world of their birthright to Independence and Freedom. One sometimes wonders at the inhumanity of man to man when one country, merely on account of its superior might, and motivated disguised selfish interest, denies the Independence of a weaker country as if that country had no right to it in the first place.
Nigerians were among such peoples whose Independence was snatched away by a people, thousands of miles away, pretending it was not in their interest to be free to rule their own fatherland. It is inconceivable how a handful of conspiring nations could with a conscience, sit at a conference table and scramble for the countries of Africa as a band of thieves scrambling for loot. And yet, some of these people felt that they were doing Africa a favour.
Whether the colonization of Africa was good or bad for Africa is another matter, but just as a single crime can leave a more lasting mark on history than the annihilation of an entire race. British colonization of Nigeria has left an indelible print on this country – past and present – in such as a way that it is capable of influencing its future.
The progressive evolution of constitutional rules in Nigeria dates back to the annexation of Lagos in 1861. Until 1945, at the end of World War II, this search for a democratic Constitution for Nigeria was leisurely and undramatic.
The appointment in 1849 of John Bee croft as first Consul for the Bights of Biafra and Benin marked the beginning of British influence in what is today known as the Federal Republic of Nigeria. His main function was to protect the interest of the merchant traders in those areas and to assist in the suppression of slave trade.
The City of Lagos, which served as Nigeria’s Capital City, then was attacked on Christmas Day 1851. An agreement to put a stop to the slave trade was reached, but, when it continued to flourish, it was decided to annex Lagos, Treaty with Lagos was signed on August 6 1861. Mr. H.S. Freedom was appointed first Governor of the “Settlement” of Lagos.
GRANTED A CHARTER
One of his steps was to set up a small legislative Council to give him advice. It remained in existence for upwards of 60 years until it was dissolved and adsorbed by the legislative Council, formed in 1922. The number of African members never exceeded two, the Council was responsible only for Lagos Affairs. The British Conference of 1888 recognized the British “sphere of influence” by virtue of the trade of her merchants, and the Royal Niger Company was granted a charter for the administration of the rivers and hinterland. Even when the Company’s flag was hauled down and the British Government formally assumed protectorate powers over Southern and Northern Nigeria in 1900, no steps were taken to create a legislature. Government was by direct decree of the all-powerful Governor.
On the formal amalgamation of Southern and Northern Nigeria on New Year’s Day 1914, Sir Fredrick Lugard was Designated Governor General. He took steps to create a Nigerian Council of 36 members, among them six Nigerians. In its deliberations, this Council covered the whole of Nigeria. It was made up of the Executive Council – all white officials – plus seven European unofficial members representing the Chambers of Commerce, shipping, banking and mining, and six Nigerian official nominated to represent “as far as may be” the coastal district and the interior. These six consisted of the Alafin of Oyo, two Emirs, one member from Lagos, one from Calabar and one from the Benin Warri area.
An order in Council creating the council stated that “no resolution passed by the council shall have any legislative or executive authority, and the Governor shall not be required to give effect to any such resolution unless he thinks fit and is authorized to do so.
The Chiefs, who formed the majority of the nominated Nigerian, were expected to represent the masses. But they rarely attended the meetings of the Council.
In 1922, a new Constitution was created for the colony and the Southern part of the protectorate of Nigeria, giving limited recognition to the elective principle. A Legislative Council of 46 members was formed, of this group, 27, including the Governor, were officials. There was an official minority, of who up to 15 could be nominated by the Governor and four elected. Three, for Lagos and one, for Calabar. While this new Council legislated for the Lagos Colony and the Southern provinces, the Governor, Sir Hugh Clifford, Continued to legislate for the North, however, the Northern Lieutenant Governor (designated Chief) Commissioner in 1933) sat on the Legislative Council by virtue of his membership of the Executive Council together with the senior residents of the Northern Provinces and representatives of the Kano Chamber of Commerce and the mining industry. There was a common budget for north and South.
THE 1922 Constitution was unpopular in the Local press and other local circles. Nigerian Public opinion grew more and more dissatisfied with a constitution which did not give scope to Nigerian Political aspirations. The Governor too, from Lord Lugard onwards, appreciated the need for constitutional advance.
The constitution which created an advanced political system for the country was the 1946 Richard’s Constitution. It established a Legislative Council for the whole of Nigeria in place of a system whereby, except in financial proposals, the council legislated only for the Southern provinces. The objects of the constitution were threefold. (1) To promote the future unity of Nigeria. (2) To acknowledge its present diversity and (3) to increase the discussion and management by Nigerians of their own affairs.
Unity was promoted by the establishment of a legislative council for the whole country. Diversity was acknowledged by the creation of a House of Chiefs and House of Assembly.
Some people have argued that the Richard’s Constitution appeared to promote regionalism. But the succeeding 1951 Macpherson Constitution brought Nigeria nearer to Federalism. The later constitution made Nigeria a Federation of three Regions, each with a large measure of autonomy.
