History of Nigerian Political Systems and Constitutional Development

Hausa/Fulani Pre-Colonial Political System

• Historical Context: Before the Jihad of $1802$ led by Uthman Dan Fodio, the dominant political group in Northern Nigeria was the Hausa traditional political system.
• Administrative Hierarchies and Officials:
  • Waziri: Served as the Prime Minister and the head of all official staff.
  • Galadima: Responsible for the administration of the emirate capital.
  • Sarkin-fada: Held the position of the chief of palace staff.
  • Maaji: The financial minister of the emirate.
  • Dogari: The chief of police for the entire emirate.
  • Hakimi: The official designated as the district head of the emirate.
• Judicial Functions: Legal and judicial functions were performed by the Alkali Court.
• Nature of Governance: The administration was highly centralized, making it easy for colonial masters to identify the source of authority. The Emir, acting as a theocratic leader, utilized Islamic religion and Quranic injunctions to enforce compliance with his orders.

Yoruba Pre-Colonial Political System

• Origins and Capitals:
  • Oduduwa is recognized as the progenitor of the Yoruba race.
  • Ile-Ife serves as the spiritual capital of the Yoruba kingdom.
  • Oyo served as the political capital of the kingdom.
• The Oba: The political, cultural, and spiritual/religious head of the kingdom.
• Bashorun: The leader of the council of chiefs (Oyomesi) who acted as the prime minister of the kingdom in the old Oyo empire.
• Aare-Onakakanfo: The head of the institution responsible for defending the territorial integrity of the Yoruba kingdom against external aggressors.
• Ogboni Fraternity: A powerful institution that checkmated the king's power and mediated between the king and the kingmakers (Oyomesi) during disagreements.
• Mogaji: The head of the family, usually the most senior member.

Igbo Pre-Colonial Political System

• Governance Style: Known for operating a stateless and acephalous (decentralized) system of governance.
• Social Stratification: The Ozo title was a prestigious membership restricted to individuals of significant wealth and influence.
• Nde Dibea: These individuals served as intermediaries between the people and the village deity.
• Okpara: The most senior member among the council of elders in village administration.

Colonial Rule and Administrative Structures

• Commencement: British colonial rule began with the annexation of Lagos as a Crown Colony in $1861$.
• Reasons for Colonization:
  • Under-utilization of capital in Europe, necessitating transport and investment for the creation of new products.
  • Increasing population and urbanization created a need for raw materials markets, surplus product outlets, and food supplies.
• The Governor: The representative of the Crown, answerable via the Secretary of State for the colony. Responsibilities included:
  • Appointment, discipline, and dismissal of public officials and judges.
  • Directing legislative and executive policy.
  • Granting land.
• Regional Structure: The new state units included the Colony of Lagos, Northern provinces, and Southern provinces.
• Consolidation: Smaller chiefdoms and districts were consolidated into larger jurisdictions.
• Control Mechanisms:
  • Forced labor was used to maintain direct control and effective occupation.
  • Low wages were paid to Africans to compel them to make their labor available to colonial masters.
• Impact of Colonialism:
  • Premature integration of Africa's trade and economy.
  • Disarticulation of the economy, social amenities, and urbanization patterns.

The Indirect Rule System

• Introduction: Introduced to Nigeria by Lord Lugard.
• Mechanisms:
  • Traditional rulers and chiefs were used to govern the people.
  • Native courts were used for the administration of justice.
  • Chiefs were paid salaries, but were deprived of effective power to defend their people against the British.
  • Citizens lost the opportunity to "de-stool" bad chiefs.
• Motivations for Indirect Rule: Factors included the weather, lack of finance, and language barriers.
• Regional Applications:
  • The North: Residents were appointed to supervise Emirs. The British restricted missionary work in Muslim areas to preserve order and Islamic schools. Judicial reforms preserved Alkali courts.
  • The West: Formally introduced via the Native Authority Ordinance of $1916$. The system was challenged because Obas lacked the absolute power seen in the North (having to consult a Council of State) and faced opposition from the educated elite.
  • The East: Introduced around $1900$, it largely failed due to the decentralized nature of Igbo society. The British used Warrant Chiefs as a new ruling class, which thwarted traditional government. This led to the Aba Women's riot in $1929$ following the introduction of taxation.

Nationalism in Nigeria

• Definition: The recognition by people in a geographical setting that they belong to a nation with common history, interests, and goals, requiring freedom from socio-economic or political domination.
• Rise of Nationalism: Early nationalism (pre-WWII) sought accommodation for African elites within the colonial society rather than total independence.
• Notable Resistors: King Jaja of Opobo, Oba Ovonramwen of Benin, and Herbert Macaulay. (Note: Oba Ibikunle Akitoye of Lagos was not a resistor in this context).
• Evolution: Nationalist movements originated from the resistance to the policy of Indirect Rules.
• Influencing Factors (Post-WWII):
  • External Factors: The Atlantic Charter, West African Students' Union (WASU) agitation, and the influence of ex-servicemen.
  • Internal Factors: The establishment of political parties (like the NNDP, the first nationalist movement), newspapers, and the occurrence of riots and strikes.
• Nationalist Contributions: Organized rallies, symposia, strikes, and boycotts; participated in constitutional conferences.

Constitutional History and Amalgamation

• Amalgamation of $1914$: On $1^{st} \text{ January, } 1914$, Northern and Southern provinces were joined under a Governor.
• Lugard Constitution:
  • Advantage: Decentralization through provinces.
  • Disadvantage: The Nigerian Council was not a true law-making body and failed to result in true national unity between the North and South.
• Clifford Constitution ($1922$):
  • Structure: Legislative council of $27$ officials and $19$ non-officials.
  • Merits: Introduced the elective principle for Lagos and Calabar; aided the formation of political parties (NNDP) and newspapers.
  • Demerits: Dominated by Europeans who did not understand Nigerian aspirations.
• Richards Constitution ($1946$):
  • Promulgator: Sir Arthur Richards (Governor between $1935$ and $1943$ was Barnard Bourdillon; Richards succeeded).
  • Features: Introduced Regionalism; created a central legislative council consisting of the Governor, $16$ officials, and $28$ non-officials. For the first time, Africans were appointed to the Executive Council. Property qualification for voting was set at $£100$.
• Macpherson Constitution ($1951$):
  • Development: Drafted following the Ibadan General Conference of $1950$.
  • Structure: The central legislative council became the House of Representatives ($12$ officials, $136$ non-officials). The Executive Council was changed to the Council of Ministers in $1953$. Bicameral legislatures were practiced in the Northern and Western regions.
  • Demerits: No Prime Minister to coordinate government; ministers lacked executive control over their departments.

The Path to Independence

• Lyttleton Constitution ($1954$):
  • Context: Emerged after constitutional crises and the Kano riot. Anthony Enahoro moved the motion for self-government on $31^{st} \text{ March, } 1953$.
  • Features: Established a Federal system of government. Lagos was made a neutral federal territory. Provided for a Federal Police. Regionalization of the public service and judiciary occurred.
• London and Lagos Conferences ($1957$-$1958$): Resolved issues on regional self-government, revenue allocation, and the date of independence. Southern Cameroon opted for a plebiscite to decide its future.
• Independence Constitution ($1960$):
  • System: Parliamentary system. Senate ($45$) and House of Representatives ($312$).
  • Judiciary: Established the Supreme Court as the highest court in Nigeria.
  • Amendment: The procedure was rigid.

The Republics and Modern Governance

• Republican Constitution ($1963$):
  • Operational Date: $1^{st} \text{ October, } 1963$.
  • Changes: Nigeria became a Republic. Appeals no longer went to the Privy Council in London; the Supreme Court became the final authority. The office of President replaced the Governor-General, though the President remained a titular head. Senate ($57$) and House of Representatives ($312$).
• Second Republic (1979 Constitution):
  • Origin: Transition program of the Murtala/Obasanjo government.
  • Changes: Introduced the Presidential system. The National Assembly comprised $96$ Senators and $450$ members of the House of Representatives. Created the Federal Court of Appeal.
• Third Republic (1989 Constitution):
  • Features: National Assembly had $64$ Senators and $453$ Representatives. Introduced a system of recall for legislators and a two-party system. It failed to usher in the Republic due to the annulment of the elections.
• Fourth Republic (1999 Constitution):
  • Context: Followed the death of Gen. Sanni Abacha and the work of a committee headed by Justice Niki Tobi.
  • Features: Secular status of Nigeria, immunity clause, and the establishment of bodies like the Code of Conduct Bureau, National Economic Council, and Federal Character Commission. The National Assembly consists of $109$ Senators and $360$ Representatives.