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THE CLIFFORD CONSTITUTION 1922

CONTENT

1. Meaning of Constitution
2. Background to the Clifford Constitution of 1922
3. The Main Features of the Clifford Constitution
4. Merits and Demerits of the Clifford Constitution

 

Meaning of Constitution

A constitution is a body of laws governing a country. No country in the world can function without a constitution. It is a source of authority and it gives function to the three arms of government. It determines the rights and duties of citizens. Constitution can be written or unwritten; rigid or flexible.

In Nigeria, our constitutional development is in two phases. The first phase was the period when Nigeria was under British rule (Colonial rule or pre-independence period) and the second phase was when Nigeria gained independence from British rule (Post Independence Period).

Nigeria fell under British rule in 1861. Lagos was made a crown colony and was directly administered from London.

Nigeria passed through different phases of constitutional development.

In 1914 Lord Luggard, the governor general amalgamated the northern and southern protectorates. Lord Luggard established the Nigerian Council that laid the foundation for constitutional development in Nigeria.

 

Background to the Clifford Constitution of 1922

The constitutional history of Nigeria began with the conquest of Lagos in 1861 by the British. This was followed a year after by the declaration of Lagos as a new ‘Crown Colony’ or Settlement and the introduction of the first colonial Constitution in Nigeria. A Legislative Council comprising a Chief Justice, Colonial Secretary and a senior military officer commanding the imperial forces, was introduced. The Legislative Council was charged with the responsibility of advising the governor in framing legislation for the colony.

A few points could be observed from the constitutional history of Nigeria before 1922. First, the Legislative Councils established by the colonial administration were not true representations of the people of Nigeria as they were dominated by official members. Even those Africans that were later allowed to participate were not only repatriates but also nominees of the governor. The inclusion of the traditional chiefs in the Nigerian Council, though a welcome idea, was no more than a cosmetic measure as they were unable to understand, least contribute to the legislative debate.

More importantly, the legislation by the Council was no more than window dressing as no resolution passed by the Council could take any effect without the ratification of the governor. Hence, in reality, the Legislative Council and the Nigerian Council were advisory boards to the governor. Finally, the people for whom legislations were being enacted were not informed, and were least involved. Thus, whatever constitutions handed down by the British colonial administration before 1922 violated the true principle of constitutionalism which places the people at the centre of law. But in fairness to the colonial administration, the western-style constitutional process was at that nascent stage strange to Nigerians and required gradual learning and training.

Nevertheless, the pre-1922 colonial legislation was not without advantages. First, the introduction of the Nigerian Council in 1913 was an indication that the colonial government was not unaware of the need for public opinion, hence, the advisory role played by the Council. Second, the increase in the number of unofficial members of the Legislative Council started from 1906 represented an increase of African participation in their domestic affairs.

By 1922 some nationalists had just returned from the First World War and had been emboldened by war experiences abroad. They gradually began to challenge the status quo. This resulted in an attempt at giving Nigeria a constitution that was in tune with the realities of the period.

 

The Main Features of the Clifford Constitution

The features of the 1922 Clifford Constitution include the following:

1. The Elective Principle: The Clifford constitution was important in that it embodied for the first time the principle of election in Nigeria. The condition of election was the residential qualification of one year in any of Lagos or Calabar and a gross annual income of £100 per annum.
2. The Executive Council: The Clifford constitution also established an Executive Council to advise the governor. It was not until after 1943 that the first two unofficial Africans were appointed into the Executive Council. Thus, it was an all-European membership based council.
3. New Legislative Council: Of the 46 members of the Legislative Council- 27 unofficial and 19 official – four of the unofficial members were elected through limited male adult franchise; three from Lagos and one from Calabar.
4. Formation of Political Parties: Another major effect of the constitution was that it stimulated the formation of political organizations in the country such as the Nigerian National Democratic Party (NNDP).
5. Establishment of Newspapers: The West African Pilot, Lagos Daily News etc. were introduced to trigger political activities.
6. Proclamation: The governor made laws for the Northern provinces through proclamations.
7. This constitution remained operative for 25 years.

 

Merits of the Clifford Constitution

The following are the merits of the 1922 Clifford Constitution:

1. The constitution introduced a new legislative council, which could only make laws for the southern provinces.
2. It kick-started the process that eventually led to Nigerian independence.
3. The governor retained the power to legislate for Northern Nigeria
4. The elective principle was introduced under this constitution. This gave birth to the formation of political parties and political activities.
5. A single executive council for Nigeria was first created under this constitution. It was composed of 12 members, all of whom were Europeans.
6. More seats were given to Africans in the legislative council than that of 1914.

 

Demerits of the Clifford Constitution

The following are the demerits of the 1922 Clifford Constitution:

1. It isolated the North from the other parts of Nigeria. In other words, it failed to bring the whole country together in one legislative house, even after the amalgamation. This situation lasted for twenty-four years.
2. A large percentage of Nigerians were disenfranchised by the limitation of franchise (adult male franchise) to Lagos and Calabar. Also, franchise was not extended to the Executive Council
3. The council met very infrequently for about 8 days on the average, every year.
4. The governor had veto power over issues both in the legislative and executive councils.
5. There were many more officials and nominated members than elected members in the legislative council.
6. Illiterates who were in an unofficial capacity dominated the legislative council.

Government ss2 third term

EVALUATION

1. What is a constitution?
2. Identify two other things a constitution does.
3. Describe the two phases of Nigerian constitutional development.
4. Who amalgamated the Northern and Southern Protectorate in 1914?
5. Who was the first Governor General?
6. Identify two main features of Sir Hugh Clifford Constitution of 1922.

THE RICHARDS CONSTITUTION 1946

CONTENT

1. Background to the Richards Constitution 1946
2. Objectives of the Richards Constitution
3. Main Features of the Richards Constitution
4. Merits and Demerits of the 1946 Richards Constitution
5. The Ibadan All Nigerian Constitutional Conference 1950

 

Background to the Richards Constitution 1946

At the break of the Second World War (1939 – 1945), the governor of Nigeria was Sir Arthur Richards. He was in office between 1939 and 1944.  In 1939, the Northern and Southern protectorates were made provinces. Northern Nigeria remained a province and Southern Nigeria was broken into two (eastern and western provinces. At the time of Richards’ retirement in 1944, he had almost completed the new constitution, where he proposed regionalism. Sir Richards’ constitution of 1946 replaced the 1922 Clifford constitution.

Government ss2 third term

Objectives of the Richards Constitution

The objectives of the Richards’ Constitution were:

1. To promote the unity of Nigeria.
2. To provide within that desire for the diverse elements which make up the country.
3. To secure greater participation by Africans in the discussion of their own affairs.

 

Main Features of the Richards Constitution

The following are the features of the 1946 Richards Constitution:

1. The Legislative Council was to legislate for the whole country.
2. The Legislative council now had 44 members, i.e. 28 non-official and 16 official members. The non-official members comprised 4 directly elected members (3 for Lagos, 1 for Calabar), and 24 indirectly elected members to represent the regions.
3. The income qualification of the aspirants was reduced from £100 to £50.
4. Nigeria was regionalized into West, East and North.
5. It established regional councils. The North had a regional assembly (House of Assembly) and a House of Chiefs, while the East and West had only the House of Assembly.
6. The Governor General was head of the Legislative Council and the Executive Council.
7. Veto power was retained by the Governor General.
8. The Executive Council now had Nigerian members.

Government ss2 third term

Merits of the 1946 Richards Constitution

1. One of the greatest achievements of the Richards Constitution was that it brought the North and the South under a common Legislative Council. It allowed the whole country to meet as a body and deliberate on the affairs of the country. Therefore, the Constitution achieved one of its objectives of promoting the unity of the country.
2. The Constitution introduced the concept of regionalism into the political history of the country.
3. Provision for few Nigerians in the Executive Council was made.
4. Provision of a bicameral legislature for the North (regional assembly and House of Chiefs)
5. The Constitution sharpened nationalism in Nigeria. As a result of the N.C.N.C. tour of the country to explain the deficiencies of the Richards Constitution, many people in the country became politically conscious and even some became members of political parties in order to fight colonialism and imperialism.
6. The Richards Constitution represented a constitutional advancement and paved the way for further rapid constitutional developments in the country. A highly centralized unitary constitution was not suitable for a country of the size and diversity of Nigeria.

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Demerits of the 1946 Richards Constitution

1. The constitution was promulgated with the least possible consultation with the Nigerian people.
2. The constitution failed by not giving Nigerians responsibility in the actual administration of their country.
3. The governor still retained his veto powers thereby making a mockery of the Legislative Council.
4. The elective principle was still as restrictive as under the 1922 Constitution.
5. There was widespread dissatisfaction with the constitution which led to its collapse in 1949.
6. The right to vote was limited to people with high income or property.
7. European interests were still represented in the Legislative Council.

All

The Ibadan All Nigerian Constitutional Conference 1950

Despite the above features and improvements brought about by Richards’s constitution of 1922, there were complaints when Sir John Macpherson became Governor of Nigeria in 1948. He initiated moves for Nigerians to agree to constitutional changes. After the debates at local village, province and regional levels, Ibadan general conference came into being in January 1950.

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The following decisions were reached at the conference:

1. Increased regional autonomy within a united Nigeria (quasi-federal system).
2. That regional legislative council would be given limited legislative powers compared to 1946 constitution when regional legislative council had no power to make laws.
3. Ministerial responsibility for Nigerians which led to the creation of councils of ministers in the constitution.
4. Creation of larger and more representative regional legislature.
5. That the North was to provide 50% or half of the seats in the central legislature in Lagos.
6. More legislative powers to be given to the regions to be in line with their increased autonomy.
7. An independent commission to be appointed for revenue allocation.
8. The central house of representatives to be enlarged.
9. That the ordinances of central administration should override regional laws.

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EVALUATION

1. Describe the background to the 1946 Richards Constitution.
2. Highlight five (5) features of the 1946 Richards Constitution.
3. State five (5) merits and five (5) demerits of the Richards Constitution of 1946.

Government ss2 third term

THE MACPHERSON CONSTITUTION 1951

CONTENT

1. Background to the 1951 Macpherson Constitution
2. Basic Features of the 1951 Macpherson Constitution
3. Merits and Demerits of the Macpherson Constitution
4. Breakdown of the Macpherson Constitution

Background to the 1951 Macpherson Constitution

As discussed previously, Sir Arthur Richards constitution had several defects and the defects attracted criticisms from Africans who had become increasingly politically conscious. The objective of the Macpherson’s constitution, therefore was to overcome the flops in the Richards constitution of 1946 and to accelerate the forward march towards democratic self-rule. This followed the increased and intensified agitations of nationalists.

Unlike Sir Arthur Richard who drew up the 1946 constitution alone, John Macpherson had a strategy of involving the Africans in the preparation of the 1951 constitution. Thus he set up various specialized committees to study the constitution. He summoned divisional meetings in which divisional representatives were present, and finally a regional conference.

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Basic Features of the 1951 Macpherson Constitution

The following are the basic features of the Macpherson Constitution of 1951:

1. The constitution established for the first time, a legislative council for the whole country called “The House of Representatives”. It was made up of 149 members as follows: president (appointed from outside the House by the Governor), 6 ex-officio members, 136  representatives selected by the regional houses of assembly and chiefs, and 6 special members appointed by the government to represent interests and communities not adequately represented in the House.
2. The constitution established a bicameral legislature for the Northern and Western regions, that is, a House of Chiefs and a House of Assembly for each and a unicameral legislature for the Eastern region, i.e. a House of Assembly only.
3. The constitution also established a central executive council known as the “Council of Ministers” and regional executive council. The executive council comprised of 19 members – the governor who was president, 6 ex-officio members and 12 unofficial members. The latter (the regional executive), consisting of the lieutenant governor, 5 official members and 9 ministers, was created for each of the regions of the country.
4. The constitution provided for a legislative list for the central government at Lagos and the regional legislatures. Hence the regional legislatures were empowered to make laws for the peace, order, and government of the regions in respect of agriculture, animal, health, fishing, forestry, education, etc. However, the central legislature had the power to veto a regional bill before it was assented to by the regional governor.
5. A Public Service Commission for the appointment, dismissal and other disciplinary control of public officers was established in Nigeria.
6. A revenue allocation formula, based on the principles of derivation, need and national interest, was introduced. The Constitution provided that the central government would return to the regional governments all the taxes that their citizens had paid. To achieve this, it was agreed that half of the revenue from taxes on tobacco and cigarettes should be given to the regions with respect to their respective consumption. This in effect, meant that the tobacco consumed in cities like Kano, Lagos and Port Harcourt which formed one half of the taxes on the citizens, be given to the Northern, Western and Eastern Regions.
7. The Principle of Needs: This meant that grants be related to the needs of the people in each region without regard to the output or consumption of the region. To achieve this, the central government would make a substantial grant to regions in respect of every adult male tax payer in each region.
8. The Principle of National Interest: This meant that revenue should be spent for the purposes of national importance. To give effect to this, it was agreed that education should be given hundred per cent grant because it was considered of national importance. Because of differences in the rate of education among the three regions, the Northern Region had a lion share of the grants on education.
9. The constitution was a principal instrument of policy due to the appointment of majority of the members of the Council of Ministers from the House of Representatives and the regional executive councils. This helped to remove to an extent, autocratic powers of the governor and lieutenant governors.

Merits of the Macpherson Constitution

1. It increased the level of participation of indigenous people in the government. For the first time, the number of unofficial members in the House of Representatives was overwhelming. It is significant to note that the number of elected unofficial members was far greater than that of the unofficial nominated members.
2. The constitution provided an opportunity for Nigerian nationalists to learn the art of constitution making.
3. It made for Nigeria a quasi-federalism.
4. Direct election was introduced for both the federal and regional legislatures.
5. There was the extension of a bicameral legislature to the West.
6. The offices of Speaker and Deputy Speaker of the legislative houses were created for the first time.
7. Nigerians were appointed as ministers for the first time.
8. Full legislative powers were given to both the central and regional legislatures.
9. The central legislature became known as the House of Representatives.

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Demerits of the Macpherson Constitution

1. The introduction of regionalism had the effect of artificially dividing the country – a division which was beneficial to the colonial masters because the regions were given greater autonomy.
2. The principle of indirect election and the inclusion of special interests in the legislature were bitterly criticized by the nationalist leaders. The nationalist leaders wanted the abolition of special interests.
3. The N.C.N.C. leaders wanted direct elections so as to give the electorate the opportunity to participate in the selection of their representatives.
4. The ministers in the central executive council were not in control of government departments but were in charge of specific government business. This made the government in the centre not responsible. Since the ministers were regionally selected, they were regional conscious instead of being national conscious.
5. The Constitution made no provision for the appointment of a Prime Minister in the centre, and on account of this, the cabinet did not perform as a team. Each of the ministers received instructions from their respective regions.
6. None of the political leaders of the three major political parties was in either the House of Representatives or in the central executive council.
7. The Constitution was undemocratic in the sense that it was the Governor that provided questions whose answers formed the Constitution. The Constitution made no provision for the establishment of a Second Chamber in the centre and it did not provide for the House of Chiefs in the Eastern Region.
8. The retention of official members in the centre and in the Regions was also a defect.
9. Also the Constitution did not provide for a uniform electoral system, for in the Northern Region there was an indirect election while in both the Eastern and Western Regions there was direct election.
10. The Constitution also retained both reserved, veto powers and the Governor might even legislate for the whole country in the interest of good government.

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Lesson Notes / Scheme of work

Primary 1  |  Primary 2 | Primary 3

Primary 4 |  Primary 5 | Primary 6

JSS1 | JSS2  | JSS3

SSS1 | SSS2  |  SSS3

Question Bank

Primary 1 |  Primary 2  |Primary3

Primary 4  | Primary5  | Primary6

JSS1 | JSS2 |  JSS3

SSS1 | SSS2  |  SSS3

If you need all the content at an affordable price (N500) ONLY, feel free to contact us.

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Are you a school owner or a teacher,

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