Section 5.1: Structure of Nigerian Government and Constitution

The Constitutional History of Nigeria

The constitutional history of Nigeria represents a transition from colonial rule to sovereign federal democracy. The journey is marked by several key constitutional frameworks:

• The Clifford Constitution of 1922: Introduced the elective principle, allowing direct elections of four members (three in Lagos, one in Calabar) to the 46-member Legislative Council.
• The Richards Constitution of 1946: Divided Nigeria into North, West, and East regions with regional Assemblies, introducing regionalism to accommodate Nigeria's multi-ethnic composition.
• The Macpherson Constitution of 1951: Established a quasi-federal system with central and regional legislatures, drafted after national consultation.
• The Lyttelton Constitution of 1954: Established formal federalism, granting regional autonomy, regional Premiers, and separate civil services.
• The Independence Constitution of 1960: Granted independence, adopting a parliamentary system with a ceremonial Governor-General and an executive Prime Minister.
• The Republican Constitution of 1963: Severed British ties, replacing the Governor-General with a ceremonial President; the Supreme Court became the final appeal court.
• The 1979 Constitution: Initiated the Second Republic; replaced the parliamentary system with a US-style presidential system with an executive President.
• The 1999 Constitution: The current framework, restoring democracy (Fourth Republic), retaining the presidential structure, bicameral legislature, and federalism.

Federalism and the Division of Power

Federalism in Nigeria involves sharing power between the central government and the 36 states. Under the Second Schedule of the 1999 Constitution, powers are divided into three legislative lists:

1. The Exclusive Legislative List: Contains 68 items under the sole authority of the federal National Assembly. These include defense, foreign affairs, currency, customs, and immigration.
2. The Concurrent Legislative List: Contains 30 items where both federal and state assemblies can legislate. These include education, health, agriculture, and industrial development. Under Section 4(5), if a state law conflicts with a federal law on a concurrent matter, the federal law prevails, and the state law is void to the extent of the inconsistency.
3. The Residual Legislative List: Covers all matters not listed in the Exclusive or Concurrent lists. These fall exclusively under state jurisdiction and include primary education, local government administration, and traditional markets.

The Three Arms of Government

The 1999 Constitution separates government power into three distinct, co-equal arms:

• The Executive (Section 5): Headed by the President at the federal level and Governors at state levels. The President acts as Commander-in-Chief and is responsible for enforcing laws and administering public policy through the Cabinet (Federal Executive Council) and civil service Ministries, Departments, and Agencies (MDAs).
• The Legislature (Section 4): The law-making body. The federal National Assembly is bicameral, consisting of the Senate (109 members) and the House of Representatives (360 members). States have unicameral Houses of Assembly. It holds the power of appropriation (budget approval) and oversight over the executive.
• The Judiciary (Section 6): The law-interpreting body. Headed by the Chief Justice of Nigeria, it includes the Supreme Court, Court of Appeal, Federal High Court, State High Courts, and specialized courts (e.g., National Industrial Court). The judiciary ensures the rule of law and protects individual rights.

Fundamental Rights and Separation of Powers

Chapter IV of the 1999 Constitution guarantees Fundamental Human Rights to all citizens. These rights include the right to life, personal liberty, fair hearing, freedom of thought, expression, peaceful assembly, movement, and freedom from discrimination. These rights are justiciable, allowing citizens to seek legal remedies in High Courts for violations.

To prevent tyranny, the Constitution incorporates the doctrine of Separation of Powers, balanced by Checks and Balances:

• Executive Veto: The President can veto bills passed by the National Assembly, which the legislature can override with a two-thirds majority.
• Appointments Confirmation: The Senate must confirm executive appointments of Ministers, Ambassadors, and Judges.
• Judicial Review: Courts can declare legislative acts or executive actions unconstitutional if they violate the supreme law.
• Impeachment: The National Assembly has the power to remove the President or Governors for gross misconduct.