Independence Constitution Of 1960

CONTENT

1. Features.
2. Achievements and Weakness.

MAIN FEATURES AND PROVISIONS OF INDEPENDENCE CONSTITUTION OF 1960

• The constitution retained the federal structure initially adopted by the Lyttleton’s Constitution of 1954.
• Governors-General became Ceremonial Head of State for the Queen of England.
• It adopted the parliamentary system of government in Nigeria.
• There was a bicameral legislature for the federal and regional House of Assemblies.
• Executive power was granted to the prime minister and premiers.
• The senate was given power over money and other bills.
• Dual government powers existed at federal and regional government.
• The constitution embodied Fundamental Human Rights of citizens.
• It adopted a right approach to constitutional amendments.
• Federal legislatures had power to make laws during period of emergency.
• Provisions for Nigerian citizenship were copiously detailed in the constitution.
• The process for appointing Supreme Court and high court judges through the advice of the judicial service commission.

EVALUATION QUESTIONS

• Why the 1960 constitution was named Independence Constitution?
• Who were the head of state and head of government under the 1960 Independence Constitution?

ADVANTAGES OR ACHIEVEMENTS OF INDEPENDENCE CONSTITUTION

• The attainment of nationalistic struggle was crowned with the independence constitution.
• It was the greatest definition of the demise of colonialism which began in the late 19^th century in Nigeria.
• Nigeria became a sovereign state and was free to aspire to have international recognition by joining UNO, Commonwealth.
• Nigeria joined other nations to seek trade relations and boost Nigeria’s foreign trade and improved living standard.
• Attainment of independence meant increase in employment in the civil service and other sector of the economy.
• The creation of public service commission by Nigerians.
• Establishment of bicameral in our legislative system at the federal and regional government levels.
• Introduction of accountability in the utilization of Nigeria revenue through the ministry of finance by the activity of department.

DISADVANTAGES AND WEAKNESSES OF INDEPENDENCE OF 1960

• It still retained the Queen of England as the titular or ceremonial head of state represented by the Governor-General.
• The privy council in Britain was the highest court of appeal for Nigeria.
• Members of the senate were not directly elected but appointed by regional government.
• It failed to clearly state the process and position for creation of states, the creation of mid-west was attended by many political tensions.
• It was a foreign designed constitution supervised by the retreating British colonialist.

EVALUATION QUESTIONS

• What were the failures of the independence constitution?
• Why was the constitution regarded as a foreign designed constitution?

GENERAL EVALUATION/REVISION QUESTIONS

1. Highlight the features of the 1960 Independence constitution.
2. State 5 contributions of the independence constitution of 1960.
3. Mention the names of Nigeria leaders before 1960s.
4. Discuss the features of the Igbo pre-colonial political system.

WEEKEND ASSIGNMENT

1. The first Nigeria prime minister was (a) Abubarka Tafawa Balewa (b) Shehu Shagari (c) AguiyiIronsi (d) ObafemiAwolowo
2. The 1960 constitution adopted —– in Nigeria (a) Presidential system (b) parliamentary system (c) unitary system (d) confederal
3. The following were the provisions of the 1960 constitution except (a) It adopted a parliamentary system (b) The senate was given power over money (c)  it introduced unicameral legislature (d) Governor general became the ceremonial president.

4. Nigeria got her independence on (a) 2^nd October 1960 (b) 1^st October 1960 (c) 1^st November 1960 (d) 3^rd of February 1961
5. The head of state under the 1960 constitution was (a) Nnamdi Azikiwe (b) Tafawa Balewa (c) Yakubu Gowon (d) Obafemi Awolowo

THEORY

1. Highlight the features of the independence constitution
2. What were the achievements of the constitution?

READING ASSIGNMENT

Comprehensive Government Pages 163-164

Essential Government Pages 180-182

WEEK TEN                                                                                                                                                           DATE: _______

TOPIC: THE FIRST REPUBLICAN CONSTITUTION OF 1963

CONTENT

1. Features
2. Merits and Demerits

FEATURES OF THE REPUBLIC AN CONSTTITUTION OF 1963

Nigeria obtained a Republican Constitution of 1963 and some changes were introduced by the constitutions.

• It enthroned a Republican Constitution in Nigeria.
• Queen of England was no longer head of state.
• The Queen was replaced with the president who became Head of State and Commander –in-Chief of the Armed Forces.
• The president to be elected by secret ballot of the joint session of the two houses of the Federal Assembly.
• Supreme Court replaced Privy Council as highest court of appeal in Nigeria.
• It strengthened the Fundamental Human Rights.
• It abolishes the Judicial Service Commission and made the prime minister the sole appointee of judges.
• The Prime Minister’s office strengthened with the departure of the Governor General.
• The office of the Governors at the regional level ceases, while the premiers assumed total executive government powers.
• The director of public prosecution was brought under political control.
• Membership of the house of senate and representative was increased from 44 to 56 and 305 to 312 respectively.
• Federal government assumed some emergency powers over the legislative arm.
• The Supreme Court was given power of judicial review.
• The process for creation of states and boundary adjustment was embodied in the 1963 Republican Constitution.

EVALUATION QUESTIONS

• What is a Republican Government?
• Who was the president under the republican constitution?

MERITS OF THE 1963 REPUBLICAN CONSTITUTION

• The elected president became head of state instead of British Monarch.
• The constitution was autochthonous meaning, it was a home based or derived constitution.
• Supreme Court became the final court of appeal in the land.
• Right of citizens was fully guaranteed and entrenched.
• Nigerians were in complete control of decision making and implementation.
• British influence over the country in any aspect was terminated.
• Supreme Court was given the power to check the excesses or unconstitutional actions of the executive and the legislature.

DEMERIT OF THE 1963 REPUBLICAN CONSTITUTION

• The President represents a minority interest of members of the House of Representatives instead of majority vote of the electorates.
• The legislative and the executive arm of government were fused.
• It permitted carpet crossing where elected members could easily change allegiance for personal rewards.
• It had parliamentary supremacy instead of constitutional supremacy.
• Prime minister was accountable to the parliament and not to the people.
• It exposes the legislative system to bribery and corruption, since the legislature holds aces; they could easily be swayed to secure their compromise.

EVALUATION QUESTION

Enumerate four shortcomings of the 1963 Republican Constitution.

GENERAL EVALUATION/REVISION QUESTIONS

1. Mention the achievements of the 1963 Republican Constitution.
2. Why is the 1963 Constitution regarded a home based constitution?
3. Highlight 4 shortcomings of the republican constitution of 1963.

4.Explain the composition of the federal legislature under the 1963 republican constitution

5. What is Carpet Crossing?

6.(a) Define indirect rule (b) Give 5 reasons for the introduction of indirect rule.

WEEKEND ASSIGNMENT

1. The 1963 Constitution adopted—system of government (a) federal  (b) unitary (c) parliamentary (d) confederal
2. Under the 1963 constitution—-was supreme (a) the parliament (b) the constitution (c) the congress (d) the President

3. The following were the features of the 1963 constitution except (a) it was a republican government (b) supreme court replaced privy council (c) Queen of England was still the head of state (d) fundamental human rights were fully guaranteed
4. One of the following was the achievement of the 1963 constitution (a)Elected president became the head of state (b) The privy council was still the final court (c) Rights of citizen was not guaranteed (d) the queen of England was still the head of State
5. The head of state under the 1963 Constitution was (a) AbubakarTafawaBalewa (b) NnamdiAzikiwe (c) OlusegunObasanjo (d) ObafemiAwolowo

THEORY

1. Explain the main features of the 1963 Republican Constitution.
2. What were the failures of the 1963 Republican Constitution?

READING ASSIGNMENT

Comprehensive Government Pages 164-165

Essential Government Pages 182-184