clifford constitution Flashcards
why and how was the clifford constitution established
Subsequent establishment of the Nigerian Council in 1914 by Lord Lugard no doubt, opened a floodgate of criticisms from the African elites and some colonial officials alike. One of such non-African critics was Sir Hugh Clifford who was later to succeed Lugard in 1919. In a confidential letter dated July 7, 1922 (See Draft Confidential Letter), he made some scathing observations and later, recommendations on the Central Legislative Council and other administrative policies of Lord Lugard. Therefore, on assumption of office, Sir Hugh Clifford introduced a new Constitution with some striking provisions that distinguished his administrative system from that of his predecessor.
why and how was the clifford constitution established
Following the perceived drawbacks in the Lugard’s administrative and constitutional arrangements for Nigeria, the educated Africans especially in the coaster towns mounted agitations for political reforms that would give Africans rights to participate in their own affairs. The National Congress of British West Africa with its headquarters at the Gold Coast (now Ghana), made representation to London with a petition calling, among other things, for greater representation of Africans in the Legislative Council throughout the British West African Territories (Price 1967:37). In 1919, Lord Lugard was posted out and was to be replaced by Sir Huge Clifford who assumed office in 1922 following the passage of a new Order by the Nigerian Legislative Council which came into effect in 1923. What was later to be known as the Clifford s Constitution of 1922 opened the epoch of Constitutional development in Nigeria. Clifford merged the Legislative Council meant for the Colony of Lagos with the Nigerian Council to become a new one under the new ordinance. The Constitutional Order (See Royal Order-in-Council) provided for the following membership.
The Nigerian Council i) Official members 27
ii) Unofficial members (Non-Africans) 09
iii) Unofficial members (Africans) 06
iv) Elected unofficial African members (Lagos) 03
v) Elected unofficial African members (Calabar) 01
Total 46
Composition of Official Members
Composition of Official Members
The official members were composed of:
1. The Governor (as the President)
2. Executive Council members
3. The Ten Senior Residents in Nigeria
4. The Deputy Chief Secretary to the Government
5. The Secretary to the Northern and Southern Provinces
6. The General Manager of the Railways
7. The Director of Public Works, and
8. The Post-master General
The Legislative Council was to make laws, subject to the Governor’s veto and reserved powers, for the Colony of Lagos and the Southern provinces while the powers to legislate for the Northern protectorate were vested in the Governor. (See Report of 1994/95 Constitutional Conference).
important provisions of the Clifford’s Constitution were:
important provisions of the Clifford’s Constitution were:
a) The Governor had powers to veto or give consent to any law passed by the Legislative Council subject to the instruction given to him by the British Government. No law took effect until he or the British Government had assented to it.
b) Unofficial members who were nominated by the Governor were to hold their seats for five years which, subject to approval of the British Government, was renewable for a period not exceeding five years.
c) The Governor was also empowered to suspend any member of the Legislative Council with the approval of the British Government.
d) Members of the Legislative Council could either jointly or severally, propose any Ordinance Bill except such Ordinance on finance which was the prerogative of the Governor
Criticisms against the Constitution
Criticisms against the Constitution
- Although the elective principle introduced by the Constitution was commendable, it came under heavy criticisms by the African elites on the basis that it limited the franchise of Africans. According to the Constitution, only the British subjects or protected persons who met the condition of possession of properties and annual gross income of 100 Pound Sterling were qualified to vote, or be voted for (See Tamuno, 1966:33-40). These conditions made it difficult for many Nigerians in Lagos and Calabar to be qualified. The outrageous income was fixed at a time when an average worker earned about 25 pence a day.
- Another drawback of the Constitution was that the Executive Council was predominantly white officials to the exclusion of Africans. The Council exercised wide powers on policy formulation and implementation with far reaching effects on the lives of Africans.
- Another defect of the Constitution was that the North was excluded from the purview of the Legislative Council. The Northern provinces were ruled by proclamation as was the case under Lord Lugard. This isolation had adverse effects on the political development in the area as Nigerians in that part of the country were indifferent to the Nationalist struggles like their Southern counterparts. African elites regarded this as a divide and rule policy of the British Government to slow down the awareness of the people.
- Finally, the retention of casting vote and veto power on policy issues by the Governor did not make the new Legislative Council any better than the one it sought to replace. In addition, the nominated members were at liberty to act at the whims and caprices of the Governor when matters came to voting.
Merits of the Constitution
Merits of the Constitution
- Perhaps the most striking feature of the 1922 Constitution was the introduction of Elective Principle which, for the first time, provided opportunity for Africans to elect their representatives and participate in the Legislative process. This was commendable because it provided an impetus for the early rise of nationalist movements in Nigeria and also the evolution of political parties in the Country. It was during the period that the first Nigerian National Democratic Party (NNDP) which was led by Herbert Macaulay was formed. Also, the Nigerian Youth Movement and the National Council of Nigerian Citizens were formed. The political parties joined forces with the nationalist movements to give the British Government a stiff opposition.
- Another important merit of the Constitution was that it encouraged the establishment of newspapers to further the cause of the struggle for decolonization. For instance, Late Samuel Herbert Macaulay founded The Daily News in 1925 while Sir Kitoye Ajasa founded The Nigerian Pioneer in 1926. Others were The Nigerian Daily Times by Sir Adeyemo Alakija, a Lagos lawyer and the West African Pilot by Dr. Nnamdi Azikiwe. The debut of the Newspapers contributed tremendously to the awakening of the political consciousness of Nigerians.
Defects of the Constitution
Defects of the Constitution
i. The continued retention of isolation policy of the Northern provinces retarded the process of political and constitutional developments of the area.
ii. The elective principle, limited to Lagos and Calabar, disenfranchised many Africans because of the obnoxious qualification requirements attached to it.
iii. The composition of the Executive Council was predominantly Europeans. Africans were not represented in the Council despite enormous powers it wielded.
iv. The wide powers given to the Governor by the constitution to veto the laws made by the Council, coupled with the fact that majority of its members were nominated by the Governor made the Legislative Council a caricature of the Lugard’s Nigerian Council which was criticized by Clifford.
Major Improvements of the Constitution
Major Improvements of the Constitution
The Clifford s Constitution of 1922 recorded the following improvements on that of Lord Lugard s Constitution.
i) It merged and enlarged the Legislative Councils for better effects.
ii) For the first time, it introduced elective principles.
iii) It stimulated the political awareness of more people in the colonial territory.
iv) It accelerated the evolution of Nationalism and formation of political parties.
