Post-independence constitutions in Nigeria | Jamb Government
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To help you excel in the topic: Post-independence constitution, I’ve put together a concise, easy-to-understand summary
covering all the key points you need to know. 💡📖 Don’t miss out—read now, study effectively, and boost
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Nigeria Post-Independence Constitution of 1963
- The 1963 Constitution officially transformed Nigeria into a Republic, ending British monarchy rule.
- It replaced the Governor-General with a President as Head of State.
- Dr. Nnamdi Azikiwe became Nigeria’s first President under the new constitution.
- The Prime Minister (Tafawa Balewa) remained the Head of Government.
- The constitution maintained a parliamentary system of government.
- It recognized Nigeria as a federal republic with three regions—Northern, Western, and Eastern.
- The Supreme Court became the highest legal authority, replacing the British Privy Council.
- The constitution granted full sovereignty to Nigeria, removing all external legal influences.
- It allowed regional governments to have their own constitutions and legal systems.
- The President was elected by the National Assembly, not by popular vote.
- The constitution reinforced regional autonomy, giving each region substantial control over its affairs.
- It allowed for the creation of a fourth region (Mid-West) in 1963.
- The census crisis of 1963 and subsequent election controversies weakened the constitution.
- The military coup of 1966 effectively ended the 1963 Constitution.
- The constitution could not prevent ethnic and political tensions, which later led to civil war.
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Nigeria Post-Independence Constitution of 1979
- The 1979 Constitution marked Nigeria’s transition from a parliamentary system to a presidential system.
- It was modeled after the United States Constitution.
- The President became both Head of State and Head of Government.
- The first President under this constitution was Shehu Shagari.
- It introduced a bicameral legislature—the Senate and House of Representatives.
- The constitution established 19 states, replacing the previous regional structure.
- It introduced the Executive, Legislative, and Judiciary arms of government.
- It required the President to be elected by popular vote.
- Federal character principle was introduced to ensure ethnic representation in government.
- It made local governments a third tier of government.
- The constitution limited the President to a four-year term, renewable once.
- It guaranteed fundamental human rights, as stated in Chapter IV of the document.
- The Shagari administration was overthrown by the military in 1983, ending the constitution's application.
- The Second Republic collapsed due to allegations of corruption, electoral fraud, and economic mismanagement.
- The military replaced the 1979 Constitution with military decrees until 1989.
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Nigeria Post-Independence Constitution of 1989
- The 1989 Constitution was drafted under General Ibrahim Babangida’s military regime.
- It retained the presidential system of government.
- It planned for a two-party system, recognizing the Social Democratic Party (SDP) and National Republican Convention (NRC).
- The military government planned to return Nigeria to civilian rule under this constitution.
- It introduced state police, but the idea was later abandoned.
- The 1989 Constitution expanded local government autonomy.
- It created additional states, increasing the total number to 21.
- The constitution was intended to guide the Third Republic.
- Elections were conducted in 1993, but the constitution never fully took effect.
- The military annulled the 1993 presidential election won by Moshood Abiola, leading to political crisis.
- The failure to implement the 1989 Constitution led to continued military rule.
- Babangida resigned in 1993, handing power to an interim government.
- The 1993 coup by General Sani Abacha completely abandoned the constitution.
- The 1989 Constitution was never fully implemented due to political instability.
- Its failure delayed Nigeria’s transition to democracy until 1999.
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Nigeria Post-Independence Constitution of 1999
- The 1999 Constitution officially restored Nigeria to democratic governance.
- It established the Fourth Republic, which continues to date.
- The first President under this constitution was Olusegun Obasanjo.
- It retained the presidential system of government.
- The constitution created 36 states and the Federal Capital Territory (FCT), Abuja.
- It strengthened the powers of local governments.
- It emphasized the separation of powers among the Executive, Legislature, and Judiciary.
- The Independent National Electoral Commission (INEC) was officially recognized.
- The constitution introduced a federal character principle to ensure fair ethnic representation.
- It reaffirmed fundamental human rights and democratic governance.
- The judiciary was granted independence under this constitution.
- It made Sharia law optional for states that wished to adopt it.
- It has undergone several amendments to address modern political and social challenges.
- The third-term agenda proposal for the presidency was rejected under this constitution.
- The 1999 Constitution remains Nigeria’s official legal framework despite calls for restructuring.
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Characteristics of Post-Independence Constitutions of Nigeria
- All post-independence constitutions established Nigeria as a federal state.
- They adopted the presidential system of government from 1979 onwards.
- They emphasized democracy, rule of law, and fundamental human rights.
- The constitutions promoted regional autonomy within a federal structure.
- They established three tiers of government—federal, state, and local.
- They emphasized separation of powers among government arms.
- All constitutions provided for bicameral legislature at the national level.
- They outlined qualifications for public office holders.
- They made provisions for regular elections and electoral commissions.
- The constitutions emphasized national unity and integration.
- They allowed political parties to contest elections.
- They introduced anti-corruption laws.
- They granted judicial independence.
- They outlined citizens’ fundamental rights and responsibilities.
- They retained federal character principles to prevent ethnic domination.
- They made provisions for state creation and governance structures.
- They defined national symbols such as the flag and anthem.
- They encouraged economic development policies.
- They set out the structure for revenue allocation.
- The constitutions were influenced by Nigeria’s political and military history.
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Shortcomings of Post-Independence Constitutions of Nigeria
- They failed to prevent political instability.
- They lacked clear mechanisms for power transitions.
- Corruption and electoral fraud persisted despite legal frameworks.
- The federal character principle led to inefficiency in governance.
- There was over-centralization of power at the federal level.
- They failed to address ethnic and religious tensions.
- They did not prevent military interventions in politics.
- Political parties exploited constitutional loopholes.
- The judiciary remained vulnerable to political influence.
- Weak law enforcement allowed impunity.
- Electoral commissions lacked full independence.
- State governments depended heavily on federal allocations.
- Local governments had limited financial autonomy.
- Some constitutional provisions remained ambiguous.
- Constitutional amendments were difficult to implement.
- The impeachment process was abused by political elites.
- There was inequality in state development policies.
- Some rights guaranteed in the constitution were not fully enforced.
- There was poor implementation of judicial reforms.
- Calls for a new constitution persist due to systemic failures.
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I recommend you check my Post on the following:
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- Jamb Government- Lesson notes on "Institutions of Government in the Post-independence Nigeria:" for utme Success
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