Constitutional Development and the Evolution of the Nigerian State Since 1914

Abstract

This paper examines constitutional development in Nigeria since the amalgamation of 1914 and the implication on the evolution of the Nigerian state. In that year, the Governor-General, Fredrick Lugard established the Nigerian Council with the aim of developing an intelligent public opinion for the administration of the country. The body which consisted of European majority and African minority, however, became a mere "debating club”. Between that time and the 1st of October 1960, when Nigeria became independent, four other constitutions were introduced. The Independence Constitution which was engineered in the dying years of the colonial era lasted until the introduction of the Republican Constitution on the1st of October 1963. Following the military take-over in January 1966, the 1963 Constitution was abrogated and the military took the centre stage in constitutional making process, which led to the emergence of the 1999 Constitution. Although all Nigerian constitutions have been criticized, as being either colonial or military imposition, the most opposed constitution is the 1999 Constitution which is in vogue, because of its "unitary” nature. Hence, it is viewed as anti-federal and unsuitable for a multi-ethnic society like Nigeria. This paper concludes that in view of the consistent rejection of the constitution, some of the contentious provisions should be amended at the interim by the National Assembly to reflect acceptable federal principles, after sometime, an "inclusive” constitution making process should be initiated by the Federal Government to formulate an acceptable constitution for the country that would engender national unity. The paper adopts a historical narrative method.