richard constitution

Question 1

1 Background to the Constitution

Answer 1

The 1946 Constitution which was named after its author Arthur Richard was enacted by the British government as the Nigeria (Legislative Council) Order in Council in 1946 and came into operation on 1st January, 1947. It was based on the proposals (See Arthur Richard s Letter) sent on 6th December, 1944 by Sir Arthur Richard (later Lord Milverton) to the British government which was later approved with some amendments. His views as contained in the proposals were greatly influenced by the nationalists agitations for administrative and constitutional reforms in Nigeria. Earlier, his predecessors Sir Donald Cameron and Sir Bernard Bourdillon were critical of the 1922 Clifford s constitution and saw the need for changes to be brought into the existing system.

Question 2

what happened when richard became the governor of nigeria

Answer 2

By 1943 when Sir Arthur Richards became the Governor of Nigeria, there was a growing realization among the official and unofficial opinions that the 1922 Constitutional Order had outgrown its usefulness. Some of the bones of contentions were the use of the traditional rulers to the exclusion of the educated elites in the native administration and the segregation of the north from the rest of the country

Question 3

what did the richard constitution do

Answer 3

. The Richard’s constitution for the first time, gave Nigerians a majority in both national and regional legislative assemblies. It was also the first time that the North was brought under the same administrative control with the South. The objects of the constitution were, among others: to promote the unity of Nigeria; to provide adequately within that unity for the diverse elements which make up the country; and to secure greater participation by Africans in the discussion of their own affairs. See Awolowo, (1966:4-6).

Question 4

The main features of the constitution were as follows:

Answer 4

Composition of the Central Legislature

a) The Central Legislature which was unicameral was presided over by the Governor and was made up of the following members: 13 ex-officio members (heads of Ministries). Three nominated official members 24 nominated unofficial members. Four elected unofficial members (Lagos 3, Calabar 1)
b) Regional Legislature (bi-cameral in the North, unicameral in the West and the East)

Question 5

Composition of Regional Houses of Assembly

Answer 5

The North: The constitution provided for the North, a House of Assembly and a House of Chiefs. The House of Chiefs was made up of all first class and not less than 2nd class Emirs. The House of Assembly was made up of:
a) 19 official members
b) 20 unofficial members (14 were selected by the Native Authorities while 6 were appointed by the Governor to represent special interests)
The West: This region had a unicameral legislature, unlike the North which had a House of Chiefs. The Western House of Assembly was composed of the following: a) 14 official members b) 15 unofficial members (these included three Chiefs nominated by the Governor; seven members were selected by the Native Authorities while the remaining five members were also nominated by the Governor to represent some special interests
The East: Like the West, the Eastern Region was also given a unicameral legislature which was made up of the followings: a) 14 official members b) 15 unofficial members (these included 10 members selected by the Native Authorities and the remaining five members nominated by the Governors to represent special interests) Generally, the followings were the main functions of the Regional Assemblies:
i) To serve as the electoral college for the Central Legislature
ii) ii) To consider a resolution on matters either referred to them by the Governor or introduced by a member iii) To deliberate on the annual budget estimates to be placed before them by the Governor

Question 6

Main Provisions of the 1946 Constitution

Answer 6

1. It divided Nigeria into three regions North, West and East and established legislative councils in each of the regions, thereby allowing the people of each region to develop at their own pace.
2. For the first time, the northern part was brought within the same legislative authority. Before the integration, the Governor was empowered to legislate directly for the people in the Northern provinces since they were not represented in the preceding Nigerian Legislative Council.
3. It gave powers to the regional assemblies to elect members to the central legislature.
4. It retained the elective principle of the 1922 constitution with the limited franchise to Lagos and Calabar but increased the number of the unofficial members at the Legislative Council.
5. The constitution also retained the veto power for the Governor.

Question 7

Some Criticisms against the 1946 Constitution

Answer 7

1. The nationalists were not completely happy with Sir Arthur Richards for the manner he introduced the constitution without consulting the Nigerian people for their inputs. Although the draft constitutional proposals were approved by the African unofficial members of the legislative council, the nationalists contended that they were not the true representative of the people hence, the proposals was passed in utter disregard of the peoples opinion. Obafemi Awolowo (1966:7) opined: because he did not consult the people before he introduced his constitution, Sir Arthur Richards came under heavy strictures.
2. Another defect of the constitution was that it retained most of the objectionable features of the past. Though it aimed at securing greater participation of Nigerians in their own affairs, the new legislative councils created remained mere deliberative bodies with the retention of the veto powers by the Governor. The constitution failed to provide for ministerial positions for Nigerians which the nationalists saw as a step towards self- government.
3. The Richards constitution also came under heavy criticism by the nationalists who felt that both the Chiefs and the unofficial members nominated by the Governor were colonial stooges who will always support the government.
4. The retention of the elective principle without increasing the number of Africans to be elected, coupled with the restricted franchise was seen as a calculated attempt by the government to exclude the educated elite who were sufficiently conscious of their rights. Thus, the constitution was regarded as a year of further extension and consolidation of the British Imperial power rather than marking the commencement of imperial withdrawal See Olawale (1980:59).