Exhaustive Study Notes on Constitutional Law in Nigeria

Constitutional Law in Nigeria

List of Abbreviations

18

General Introduction

§1. AN OUTLINE OF NIGERIAN CONSTITUTIONAL HISTORY

I. Colonial Period

1. Merger of Protectorates

   • On 1 January 1914, British colonial administration merged the Protectorate of Northern Nigeria with the Colony and Protectorate of Southern Nigeria to form the Colony and Protectorate of Nigeria.
   • Before British colonial rule, various sovereign domains existed in Nigeria including kingdoms, empires, and communities characterized by different native tribes and ethnic groups. These included:
     • Oyo Empire: Ruled over the southwestern part populated by the Yoruba people.
     • Hausa-Fulani Emirates, Sokoto Caliphate, and Kanem-Bornu Empire: Ruled over most of the northern territory populated by Hausa-Fulani and Kanuri tribes and various minority ethnic groups such as Tiv, Igala, Nupe, Idoma, and Jukun.
     • Ibo communities: Located in Eastern Nigeria.
     • Binin Kingdom, Itsekiri, Urhobo, Kalabari, Ijaw, Efik, and Ibibio: Communities in the Niger-Delta Area in the south-south territory.
   • Various tribes occupied territories during the pre-colonial era and post-1884 Berlin Conference, leading to the partitioning of these tribes and ethnic groups across neighboring countries including Cameroon, Chad, Niger, and Benin Republic.

2. Commencement of British Colonial Rule

   • British colonial rule began with Lagos ceded to the British monarch on 6 August 1861 by a treaty, leading to the establishment of the Royal Niger Company.
   • On 31 December 1899, the area was renamed the Protectorate of Northern Nigeria after the Royal Niger Company's charter was revoked.
   • The Protectorate of Southern Nigeria was formed on 1 January 1900 from the remaining territories.
   • Over the years, Lagos underwent administrative processes, culminating in its status as a separate colony on 13 January 1886, and its merger with the southern protectorate on 1 May 1906.

3. Separate Treatment of Lagos

   • Lagos was treated as a British territory acquired by cession, with inhabitants considered British subjects.
   • The term protectorate represented an understanding that implied a moral claim rather than a true right, leading to no jurisdiction being assumed over internal or external sovereign powers of tribal chiefs.
   • The governance complexity sowed the seeds of administrative difficulties, which persist in Nigeria.
   • A comparison of colonial reports indicated contrasting aims and methods between Northern and Southern Nigeria—Northern Nigeria struggled with transport issues and socio-economic stagnation while Southern Nigeria experienced significant material prosperity and infrastructure development.

4. Amalgamation

   • On 1 January 1914, Northern and Southern Nigeria merged into one entity, the Colony and Protectorate of Nigeria, pursuant to the Nigeria Protectorate Order in Council 1913.

5. Chronological Sequence of British Colonial Administration (1890 - 1914)

   • The preamble reflects a series of acts and orders which shaped the administration of Nigeria.

6. Role of Sir Frederick Lugard

   • Administered the merged Nigeria with both regions controlled under separate lieutenant governors reporting to a Governor in Lagos. A Nigerian Council was formed establishing a governmental structure, comprised mainly of European officials with limited African representation, highlighting inequities in governance.

7. New Constitutional Developments (1921 Onwards)

   • Various Governors introduced reforms leading to legislative councils and recognition of the Native Courts System, while the 1946 Constitution marked the division into distinct regions.
   • A gradual shift towards regional governance and autonomy, leading to tensions among ethnic groups and calls for more inclusive governance structures.

8. Path to Independence

   • The Nigerian Independence Act of 1960 declared Nigeria a Commonwealth realm, transitioning governance to local control while maintaining nominal ties to the British crown.

II. Post-Independence Period

9. Transition from Colonial Rule

   • With independence on 1 October 1960, Nigeria transitioned from a unitary system styled as a federation with governments at three levels (federal, state, and local) and faced immediate governance challenges rooted in colonial legacies.

10. Political Framework and Charitable Organizations

    • Major political parties began to take shape corresponding to regional identities, intensifying connections among ethnic constituencies.

11. Military Interregnum

    • The military coup in January 1966 interrupted constitutional governance and led to the military governing with decrees, significantly altering Nigeria's political landscape.

12. Restoration of Civil Rule (1979)

    • Following a cycle of military rule, the 1979 Constitution re-established civilian governance but also laid the groundwork for future military interventions.

13. Recent Political Developments (1999 - Present)

    • The 1999 Constitution marked another pivotal structure in governing Nigeria’s contemporary legal state with successive amendments reflecting public concerns regarding governance and federal-state relations.

14. Current Governance Challenges

    • Persistent issues surrounding ethnic tensions, local governance autonomy, and the distribution of resources reflect a continuous struggle within Nigerian politics against historical inequities inherited since colonial times.

15. Electoral Reforms and Public Sentiment

    • Ongoing electoral reforms aim to address questions of representation and fairness in the political sphere, with significant public discourse resulting from socio-political conflicts.