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Nigeria's New Constitution for 1992: The third Republic

Published online by Cambridge University Press:  28 July 2009

James S. Read
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Extract

The 1979 Constitution of Nigeria was widely acclaimed as a boldly innovative attempt to introduce structures for democratic government which were new to the Commonwealth. These included the adoption of an American-style separation of legislative and executive powers, albeit with many distinctive elements, to replace the “Westminster model” which had been so productive of tension and conflict at both federal and regional levels under the Independence Constitution of 1960 and the Constitution of the First Republic (1963–66). The executive presidency also represented continuity with the realities of military government (1966–79). Although that transition from the Whitehall to the White House model in the Second Republic (1979–83) proved a short-lived experiment, the problems which precipitated the military coup of 31 December, 1983, or were cited as justifying it, were not attributed to defects in the basic constitutional structures but rather to the ways in which they had been operated by the politicians elected to office—many of whom, as survivors from the previous political era, were more familiar with “Westminster” than “Washington” Now a new generation of constitution-makers has affirmed, on behalf of the nation, its confidence in the basic scheme adopted in 1979: indeed, the new Constitution, enacted in 1989 for implementation in 1992, closely reproduces the structure and most of the detailed provisions of the 1979 Constitution; yet such similarity belies fundamental changes in the political system now in process of restoration.

Type
Research Article
Information
Journal of African Law , Volume 35 , Issue 1-2: RECENT CONSTITUTIONAL DEVELOPMENTS IN AFRICA , Spring 1991 , pp. 174 - 193
Copyright
Copyright © School of Oriental and African Studies 1991

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References

1 For an outline of the 1979 Constitution see Read, “The new Constitution of Nigeria 1979: ‘The Washington Model’?” [1979] J.A.L. 131, [1980] J.A.L. 243;Google Scholar for fuller accounts see: Nwabueze, Nigeria's Presidential Constitution 1979–83, Nwabueze, The Presidential Constitution of Nigeria, Nwabueze, Federalism in Nigeria under the Presidential Constitution.

2 States Creation and Transitional Provisions Decrees, Nos. 24 of 1987 and 37 of 1991.

3 West Africa, 17–23 04, 1989, No. 3739, 617.Google Scholar The Constituent Assembly was established by Decree No. 14 of 1988 and dissolved by Decree No. 12 of 1989.

4 West Africa, 15–21 05, 1989, No. 3743, 783–784.Google Scholar

5 S. 242(2) (e).

6 S. 220(1).

7 The provisions summarised in this paragraph are found in ss. 219–226 of the Constitution.

8 See Awolowo v. Shagari [1981] 2 N.C.L.R. 399;Google Scholarnoted [1979] J.A.L. 175.Google Scholar

9 S. 132.

10 S. 13(1) and (2).

11 S. 132(3).

12 Ss. 140 and 141; the Vice-President succeeds if the President is removed or dies.

13 S. 145(3).

14 S. 148(2).

15 S. 65(1); compare s. 63(1) of the 1979 Constitution.

16 S. 151(3).

17 Ss. 176–187.

18 S. 195.

19 Ss. 46, 47 and 52.

20 S. 56.

21 S. 89.

22 Ss. 66(l)(g) and 107(l)(g); see also s. 303(1 )(d) applying a similar provision to local government councillors.

23 Ss. 66(l)(i) and 68; ss. 107(l)(i) and 109; for local government councillors ss. 303(1 )(f) and 304.

24 S. 7(7) and the Fourth Schedule.

25 The provisions summarised in this paragraph are found in ss. 286–307 of the Constitution.

26 Government's Views and Comments on the Findings and Recommendations of the Political Bureau, Federal Government Printer, Lagos, 1987, 58.Google Scholar

27 Attorney-General of Bendel State v. Attorney-General of the Federation and Others (1981), 10 S.C.1.Google Scholar

28 S. 151 and Third Schedule, Part I-K.

29 S. 160.

30 Government's Views …, above, 14.Google Scholar

31 S. 24.

32 Ss. 16(6); 19(4); and 22.

33 Although this Chapter of the 1979 Constitution was suspended by Decree No. 2 of the military government in 1984, “for the purposes of this Decree”—which purposes were to confer special powers of detention.

34 Ezejiofor, Protection of human rights under the law, 1964;Google ScholarRead, , “Bills of rights in the third world, The Commonwealth experience”, 1973 Verfassung und recht in Ubers 21.CrossRefGoogle Scholar

35 S. 44(4).

36 S. 249.

37 S. 252.

28 Ss. 50, 92, 137, 146, 149, 183, 192, 289 and 301.

39 S. 151 and Third Schedule, Part I.

40 Transition to Civil Rule (Political Programme) Decree 1987, No. 19, as amended by Decrees Nos. 14 and 26 1989.

41 Decree No. 12 of 1989, s. 1.

42 West Africa, 20–2611, 1989, No. 3770, 1945.Google Scholar

43 Participation in Politics and Elections (Prohibition) Decree, No. 25 of 1987, as amended by No. 9 of 1989.

44 West Africa, 16–2210, 1989, No. 3765, 1712–14.Google Scholar

45 Transition to Civil Rule (Political Parties Registration and Activities) Decree 1989, No. 27.

46 Per President Babangida, in his speech of 7 10, 1989, quoting the NEC report to government on the 13 political associations:Google Scholarloc. tit., n. 44, 1714.Google Scholar

47 Decree No. 27 of 1989, ss. 20 and 24.

48 Ibid., s. 17.

49 Ibid., s. 18.

50 Ibid., s. 23.

51 Ibid., Schedule 2.

52 National Electoral Commission Decree, No. 23 of 1987, as amended by Nos. 8 and 37 of 1989.

53 The procedure for these elections was prescribed by the' Local Government (Basic Constitutional and Transitional Provisions) (Amendment) Decree, No. 25 of 1990. Although novel in Nigeria, the “open ballot” system had, of course, been used elsewhere in Africa, e.g. in Kenya.

54 West Africa, 8–1404, 1991, No. 3840, 516–517.Google Scholar

55 S. 269 and Sixth Schedule. For a critical review of election petitions in the courts under the 1979 Constitution as having politicized the judiciary see Nwabueze, , Nigeria's Presidential Constitution 1979–1983 (London, 1985), ch. 18.Google Scholar

56 National Council of State Decree, No. 27 of 1990.

57 National Population Commission Decree, No. 23 of 1989.

58 Police (Miscellaneous Provisions) Decree, No. 5 of 1989.

59 Revenue Mobilisation Allocation and Fiscal Commission Decree, No. 49 of 1989.

60 Code of Conduct Bureau and Tribunal Decree, No. 1 of 1989; this Decree was given retrspective operation from 01, 1988.Google Scholar

61 Executive Powers (Constitutional Adaptation, etc.) Decree, No. 28 of 1990.

62 Civil Service (Re-organisation) Decree, No. 43 of 1988, as amended by No. 20 of 1991.

63 Local Government (Basic Constitutional and Transitional Provisions) Decree, No. 15 of 1989.

64 Constitution (Suspension and Modification) (Amendment) Decree, No. 2 of 1991; Local Government Education Authority etc. Decree, No. 3 of 1991.

65 Local Government (Basic Constitutional and Transitional Provisions (Amendment) (No. 3) Decree, No. 23 of 1991. For the evolution of local government in Nigeria in recent years see Eghosa E. Osaghae, “The strengthening of local governments and the operation of federalism in Nigeria”, [1989] J Commonwealth and Comparative Politics, 27, 347–63.Google Scholar