LONDON CONSTITUTIONAL CONFERENCE OF 1958
RESOLUTIONS OF THE CONFERENCE
The following resolutions reached at the conference; that,
1. Northern region should become self-governing in 1959.
2. A list of Fundamental Human Rights should be enshrined in the constitution.
3. Provisions to regulate the procedure for amending the constitution and altering regional boundaries should be entrenched in the constitution.
4. There would be a new federal parliament in early 1960.
5. As for independence, Her Majesty`s government should pass a bill to enable the federation become independent on October 1, 1960.
RESULTS OF THE 1959 GENERAL ELECTIONS
After the 1959 general elections the following results emerged;
1. The Northern People`s Congress (NPC) won 142 seats.
2. The National Council of Nigerian Citizens (NCNC) and northern Elements Progressive Union (NEPU) merger won 89 seats.
3. The Action Group secured 73 seats. Since no party secured the absolute majority as stipulated by the electoral law, no party won the election.
THE INDEPENDENCE CONSTITUTION OF 1960
Before the constitution was given, a plebiscite was held in Southern Cameroun to ascertain their willingness to join the Republic of Cameroun.
The constitution had the following provisions/features;
1. The constitution established a parliamentary democracy with a bi-cameral legislature.
2. The executive authority was vested in the Queen who was represented by the Governor-General.
3. A full cabinet government was established and the Federal Executive Council was headed by the Prime Minister appointed by the Governor-General.
4. A Judicial Service Commission was set up to advice on the appointment of judges.
5. It also provided for the procedure to be followed in creation of new regions.
6. The Governor-General was the Commander-in-Chief of the Armed Forces and exercised prerogative of mercy.
7. The Committee of the Privy Council in London was still the highest court of appeal.
8. All regional legislature was bi-cameral.
Merits of the Independence Constitution (1960)
1. It ushered Nigeria into her political independence in1960.
2. The government of Nigeria became elected by Nigerians.
3. It ensured political stability by retaining and safeguarding the existing regions and their boundaries.
4. Many employment opportunities were created for Nigerians in the civil service.
5. It qualified Nigeria to join international organizations as an independent state.
Demerits/Weaknesses of the Constitution
1. Senators were not elected but appointed by the regional government.
2. The minority issues and revenue allocation were not resolved.
3. The Queen of England remained the constitutional ceremonial Head of state of Nigeria.
4. The constitution was drafted in London for Nigeria.
5. The Northern region was allowed to retain its size which was bigger than the East and West put together.
6. The Privy Council in London remained the highest judicial court of Nigeria and cases were referred to it for final adjudication.
7. Britain still interfered with Nigeria`s internal affairs with the Queen as the Head of state.
REPUBLICAN CONSTITUTION OF 1963
The constitution came into effect as a result of the all-party conference held in 1963 in which Nigeria became a federal republic within the Commonwealth on October 1, 1963.
Features of The Republican Constitution Of 1963
The constitution had the following features;
1. There was full independence as the Queen ceased to be the Head of state of Nigeria.
2. The Federal Supreme Court of Nigeria became the highest court in Nigeria.
3. The post of Governor-General became President.
4. Fundamental Human Rights were entrenched in the constitution.
5. The constitution provided for revenue allocation to be on the basis of Ned, National Interest and Balanced Development.
6. It established a Judicial Service Commission to appoint, transfer and promote judges.
7. The president was to be elected and could be removed by the parliament.
Role of the Prime Minister in the 1963 Constitution
The teacher explains the following role of the Prime Minister as provided by the constitution;
1. He advised the President on the appointment and removal of the federal ministers.
2. He was the liaison officer between the president and the government as well as the people.
3. He advised the president on other appointments such as; Board Chairmen, Diplomats, etc.
4. He presided over the Council of Ministers.
5. As the primus inter pares, once his office became vacant offices of the other federal ministers become vacant.
Merits of the Constitution
1. The constitution provided for more state creation.
2. It provided for an acceptable revenue allocation formula.
3. Nigeria had full political independence.
4. The Supreme Court became the highest court of appeal in Nigeria
Demerits/Weaknesses of the Constitution
1. There was no complete separation of powers in the government.
2. The constitution did not provide for the independence of the judiciary.
3. It failed to remove Nigeria completely from the strong influence of Britain by allowing Nigeria to remain a member of Commonwealth.
4. The constitution made state creation difficult thereby making northern to remain larger than east, west and mid-west region put together.