Constitutional Development in Nigeria: From Colonial Rule to Independence (1849-1960)

Nigeria’s constitutional development is a fascinating journey through colonial administration to eventual independence. Understanding this evolution is crucial because many features of Nigeria’s current constitutional framework can be traced back to these formative years. The path to independence was not direct or smooth – it involved multiple constitutional experiments, each building upon or reacting to the previous one.

THE EARLY PERIOD: PRE-1914

Before 1914, there was no unified Nigeria. What existed were separate colonial territories administered by Britain. The territory that would become Nigeria consisted of:

• The Colony of Lagos (established 1862)
• The Protectorate of Southern Nigeria
• The Protectorate of Northern Nigeria

Each had its own administration and governing structures. The British colonial presence in Nigeria began gradually through trading posts and missionary activities before formal annexation of territories occurred.

THE CLIFFORD CONSTITUTION 1922

The Clifford Constitution, formally known as the Nigerian (Legislative Council) Order-in-Council 1922, was Nigeria’s first written constitution. It was named after Governor Sir Hugh Clifford who championed its creation. ¹

Key Features:

The Clifford Constitution introduced elective representation for the first time in Nigeria’s history. However, this representation was extremely limited – only four elected members were allowed into the Legislative Council, and they could only be elected from Lagos and Calabar. The remaining members were appointed by the Governor.

The Legislative Council had 46 members in total:

• 27 official members (appointed British administrators)
• 15 unofficial members appointed by the Governor
• 4 elected unofficial members

This constitution marked a significant departure from the previous system where all council members were appointed. Though the elected representation was minimal, it established the principle that Nigerians should have some say in their own governance. However, the Governor retained veto power and could overrule the Council on any matter.

The Clifford Constitution also formally divided Nigeria into Northern and Southern Provinces, though both were under a central administration based in Lagos. The Northern Provinces retained significant autonomy under the policy of indirect rule through traditional rulers.

Significance:

Despite its limitations, the Clifford Constitution was revolutionary because it introduced the concept of elective representation. Nigerian educated elite in Lagos and Calabar, led by Herbert Macaulay and others, seized this opportunity to participate in colonial governance, laying the groundwork for future nationalist movements.

THE RICHARDS CONSTITUTION 1946

The Richards Constitution, named after Governor Sir Arthur Richards (later Lord Milverton), marked a major turning point in Nigeria’s constitutional development. It was the first constitution to provide for a unified Nigeria-wide legislative system.

²

Key Features:

The Richards Constitution divided Nigeria into three regions for the first time:

• Northern Region
• Western Region
• Eastern Region

Each region was given its own Regional Council (called a House of Assembly), while the central legislature in Lagos was strengthened. This three-region structure would dominate Nigerian politics for the next two decades and its effects are still felt today.

The Legislative Council was expanded to 45 members, including an increased number of unofficial members. However, these members were still not directly elected by the people – they were selected by the Regional Councils.

Major Innovations:

1. Regional Structure: The division into three regions recognized Nigeria’s ethnic and geographic diversity
2. Increased Nigerian Participation: More Nigerians were involved in governance through the Regional Councils
3. Unified Legislative System: For the first time, there was a central legislature with regional input

Criticisms:

The Richards Constitution was heavily criticized by Nigerian nationalists for several reasons:

First, Governor Richards failed to consult widely with Nigerian leaders before introducing the constitution. It was imposed from above without adequate input from those it would govern. This autocratic approach angered the emerging nationalist movement.

Second, the constitution did not provide for direct elections. Nigerians could not vote directly for their representatives – selection was done through an indirect system that gave colonial authorities significant control.

Third, the regional boundaries were drawn in ways that entrenched ethnic divisions. The North was made much larger than the other regions combined, creating an imbalance that would plague Nigerian politics for generations.

Despite these criticisms, the Richards Constitution established important principles: regionalism, broader Nigerian participation, and the idea of a federal structure.

THE MACPHERSON CONSTITUTION 1951

The Macpherson Constitution represented a dramatic improvement over its predecessor. It was named after Governor Sir John Macpherson, but unlike the Richards Constitution, this one was developed through extensive consultations with Nigerian leaders through a series of conferences. ³

The Constitutional Conferences:

Between 1949 and 1951, Nigeria held village meetings, divisional conferences, provincial conferences, and regional conferences culminating in a General Conference in Ibadan. Thousands of Nigerians participated in discussing what they wanted in their constitution. This consultative process was unprecedented and showed a genuine attempt to create a Nigerian-led constitution.

Key Features:

The Macpherson Constitution strengthened the regional governments significantly, giving them substantial powers:

1. Strong Regional Governments: Each region had its own House of Assembly with real legislative powers
2. Council of Ministers: A central Council of Ministers was established with Nigerian members for the first time
3. Quasi-Federal Structure: While still ultimately under British control, the constitution created a quasi-federal system with power divided between center and regions
4. Increased Elections: More positions were elected rather than appointed, though still through indirect elections in most cases

The Legislative Council was renamed the House of Representatives and expanded. It had 148 members in total, with the majority being Nigerians elected from the regions.

Weaknesses:

Despite its improvements, the Macpherson Constitution had fatal flaws that led to its early demise. The main problem was that the regions were too powerful relative to the center. The regional governments dominated the House of Representatives, making central governance difficult.

Political conflicts between the regions, particularly between the North and the South, paralyzed the central government. The Action Group (AG) in the West and the National Council of Nigeria and the Cameroons (NCNC) in the East clashed repeatedly with the Northern People’s Congress (NPC) in the North over the constitution’s operation.

Additionally, the constitution did not provide for ministerial responsibility – ministers were not responsible to the legislature, creating accountability problems.

By 1953, it became clear that the Macpherson Constitution could not work effectively, leading to calls for revision.

THE LYTTELTON CONSTITUTION 1954

The Lyttelton Constitution, named after Colonial Secretary Oliver Lyttelton, was Nigeria’s response to the crisis that had developed under the Macpherson system. It emerged from constitutional conferences held in London and Lagos in 1953-1954. ⁴

Key Features:

The Lyttelton Constitution introduced a true federal structure to Nigeria:

1. Full Federalism: Nigeria became a federation with clear division of powers between federal and regional governments
2. Exclusive and Concurrent Lists: Like modern federal systems, powers were divided into matters exclusively for the federal government and matters where both federal and regional governments could legislate
3. Ministerial Responsibility: For the first time, ministers were made responsible to the legislature
4. Regional Autonomy: The regions gained substantial autonomy, including their own public services
5. Federal Supreme Court: A Federal Supreme Court was established to adjudicate disputes between levels of government

The Lyttelton Constitution created a House of Representatives of 184 members directly elected from the regions. It also created a Council of Ministers drawn from the House, responsible to the House.

The Lagos Problem:

One controversial feature was the separation of Lagos from the Western Region to create a Federal Territory. This was done because Lagos, as the capital, was needed as neutral ground not dominated by any region. However, this angered Western Region leaders who saw it as reducing their territory and revenue.

Significance:

The Lyttelton Constitution is considered the foundation of Nigeria’s federal system. The federal structure it established, with modifications, continues today. It proved that Nigerians could govern themselves effectively through democratic institutions, paving the way for independence.

THE PATH TO INDEPENDENCE: 1954-1960

Following the Lyttelton Constitution, Nigeria moved steadily toward independence. Several constitutional conferences were held to refine the system:

The 1957 London Conference granted internal self-government to the Eastern and Western Regions. The Northern Region followed in 1959. This meant these regions could govern themselves internally while Britain still controlled foreign affairs and defense.

The 1958 London Conference dealt with regional boundaries, creation of new states, and other contentious issues. It established the commission to create a federal capital territory.

The 1960 Independence Constitution: In 1960, Nigeria achieved independence with a constitution based on the Westminster parliamentary model. This Independence Constitution retained the three-region federal structure but made Nigeria a fully sovereign nation. ⁵

The Independence Constitution established:

• A parliamentary system with a Prime Minister (Abubakar Tafawa Balewa) as head of government
• The Queen of England as head of state (represented by a Governor-General)
• A federal structure with strong regions
• A bi-cameral legislature (Senate and House of Representatives)
• Fundamental human rights provisions (though with many limitations)

COMMON THEMES IN CONSTITUTIONAL DEVELOPMENT

Looking across this period from 1849 to 1960, several themes emerge:

Gradual Expansion of Nigerian Participation: Each successive constitution increased Nigerian involvement in governance, from zero participation to full self-government.

Federalism as Solution to Diversity: As Nigeria’s diversity became apparent, federalism emerged as the preferred system to accommodate different ethnic groups and regions.

Regional Tensions: The three-region structure, while necessary, created enduring regional and ethnic tensions. The North’s numerical and territorial dominance over the South shaped political dynamics.

Limited Democracy: Even at independence, Nigeria’s democracy was constrained. Traditional rulers maintained significant power, particularly in the North. Voting was often influenced by patronage and traditional authority rather than free choice.

Constitutional Borrowing: Nigeria’s constitutional development heavily borrowed from British models, adapting Westminster parliamentary practices to local conditions with mixed success.

CONCLUSION

Nigeria’s constitutional development from 1849 to 1960 was a complex process of negotiation, experimentation, and adaptation. Each constitution built upon the previous one, expanding Nigerian participation and autonomy while grappling with the challenge of unifying diverse peoples into one nation.

The federal structure established during this period remains Nigeria’s constitutional framework today, though modified significantly. Understanding this historical development helps explain many current constitutional issues – the dominance of federal government over states, regional ethnic loyalties, and ongoing debates about the structure of the federation all have roots in this formative period.

For law students, studying constitutional development is not just an exercise in history. The precedents, principles, and problems established during colonial rule continue to influence how Nigeria’s Constitution is interpreted and applied. Many provisions in the 1999 Constitution trace their lineage directly back to these early constitutions.

---

REFERENCES

Footnotes

1. AW Bradley, KD Ewing and CJS Knight, Constitutional and Administrative Law (16th edn, Pearson Education Limited 2015) 8-12. ↩

2. E Malemi, The Nigerian Constitutional Law (Princeton Publishing Co 2005) 15-25. ↩

3. ibid 28-35. ↩

4. ibid 40-52. ↩

5. BO Nwabueze, A Constitutional History of Nigeria (Longman 1982) 65-89. ↩