THE 1963 REPUBLICAN CONSTITUTION Flashcards
what broughy about the establishment of 1963 cons
Save for some of the defects of the Independence Constitution, one of the other contributing factors for the clamour for a change of the Constitution was the fact that Nigeria, at independence, inherited a weak and unprepared leadership, lacking in national consciousness and constituency due to lack of enough period for Nigerians in the management of their own affairs before granting of independence. There were a number of issues left unresolved by the British government before they left. According to Ojo (1985:12) .it must be admitted that the British Government by sheer abdication of responsibility left some explosive issues for Nigerians to solve at Independence. Therefore, Nigeria inherited a weak socio-political structure, a defective and unbalanced federation, an intensification of ethnic consciousness and rivalries, a subverted indigenous ethos of government and culture, and above all, an inexperienced leadership (Ojo, 1985:12) When discussing the leadership problem in Nigeria, Eleazu (1977:245), is of the view that: Most people taking a cue from their leaders did not develop a commitment to the ideal of national unity. The values and symbols that loomed large in their political imagery were those of sectionalism and sub-national centres of power. Hence, any group that felt aggrieved immediately sought its own centre of power a state within which it could protect what it has as unique to itself.
process taken to effect change
In the second quarter of 1963, there was an All-Party summit where the issue of redefining the status of Nigeria from monarchy to republican as was clearly manifested in the British Act of parliament which served as the source of the legislative powers of the independent Nigeria. The All- Party conference was preceded by the meeting of the Prime Minister and the regional Premiers for the same purpose. Consequently, the Constitution witnessed some changes that led to the severance of the last vestiges of colonialism in Nigeria which enjoyed general acceptability by Nigerians. According to Obafemi Awolowo (1966:14): As for the 1963 Republican Constitution, it is on record that, save for the provisions relating to the Judicial Service Commission, the Privy Council and the office of the Director of Public Prosecutions, it was jubilantly and eulogistically hailed by practically all sections of our community.
Main Features of 1963 Constitution
The most striking feature of the Republican Constitution of 1963 was the removal of the imperial basis upon which the 1960 Constitution was defined in the Act of the British Parliament. This element was removed and substituted for the Federal Act of the Nigerian Parliament 1963, thereby granting full autonomy to the Nigerian Parliament. Under the Constitution, the Queen of England ceased to be Nigeria s Head of State while the position of the Governor-General was replaced with the President who became the repository of the federal executive powers. Governors were vested with similar authority at the regional levels, although, this arrangement was just in theory since the real executive powers were exercised by the Prime Minister and his cabinet ministers. The President was to remain in office for a period of five years (See Sec. 36:1, 1963 Constitution) but the document was silent on the number of times he was eligible to contest. He was the Ceremonial Head of State and Commander-in-Chief of the Armed Forces (See Sec. 34, 1963 Constitution).
functions of the president
The President could be removed from office if found guilty of misconduct or was unable to perform his duties (See Sec. 10, 1963 Constitution). He was to perform the following functions, among others:
i) To invite the leader of the majority party in the Parliament to form the government
ii) To convene or prorogue the Parliament when its tenure is expired or after fresh elections, as the case may be
iii) receive letter of credence from foreign ambassadors
iv) To dissolve the Parliament if a vote of no confidence was passed on the government. By convention, the Prime Minister was expected to resign
v) He must assent his signature to bills passed by the Parliament to become laws vi) To declare a state of emergency in accordance with the provisions of the Constitution. Another landmark in the Republican Constitution was the regionalization of the judiciary with the Supreme Court of the Federation as the highest appellate Court of the land instead of the Privy Council in London. The Constitution gave the President the power to appoint the Justices of the Supreme Court and the Judges of the Federal High Court on the advice of the Prime Minister. In the 1963 Constitution, both the Senate and the Federal House of Representatives were jointly responsible for the selection and the removal of the President in consonance with the laid down procedure in the document. In 1963 Dr. Nnamdi Azikiwe was elected by secret ballot at a joint session of the Parliament.
important functions of the Parliament
(especially the House of Representatives) were to: i) make laws for the whole country;
ii) control public fund;
iii) approve budget and ratify important appointments; and
iv) act as checks on the other two important organs of government - Executive and the Judiciary. The Republican Constitution provided for the Police Force for the Federation and also for local authority Police in the regions. The Inspector-General was the head of the Federal Police while a regional Commissioner of Police who was subordinate to the Inspector-General controlled the local authority Police. Like the 1960 Constitution, the Republican Constitution also divided powers between the Federal, Regional and Local governments. The Exclusive Legislative List contained subject upon which only the Federal can legislate. Both the Federal and the Regional governments legislated on items under the Concurrent Legislative List while the Residual List was left for the regional government. Finally, the Republican Constitution, 1963 also enshrined the Article of Fundamental Human Rights following the 1948 Universal Declaration of Human Rights and the European Convention on Human Rights, 1950. Perhaps the most striking point in the Constitution was the provision for the process for State creation which gave birth to the creation of the Mid-West region in 1963, the only State to be created so far by the civilian government in Nigeria.
Defects of the 1963 Constitution
- Dual Heads The Republican Constitution threw away the imperial status of Nigeria but retained the imperial Constitutional Monarchical system of government which provided for two people efficient and dignified heads to lead a government. The system may work well for the British people who practised a unitary system but it stood to reason why the system was adopted for a large, multi-ethnic and diverse country like Nigeria. The system gave room for confusion in the decision-making process where the two heads belonged to different political parties, different ethnic groups and different religious background.
- Collective Responsibility to the Parliament The principle of collective responsibility which underscored the supremacy of the Parliament to the President, the Prime Minister and the cabinet Ministers was a contradiction in Nigeria where the regions were autonomous of the central authority, more so, when the authority of the Parliament could be challenged at the law Courts. In addition, the Senate under the Republican Constitution cannot function as expected in a federal set up because its powers were limited by the Constitution. Thus the doctrine of checks and balances that was the hallmark of government became a lacklustre.
- Judicial Independence This concept was undermined by the Republican Constitution which placed the appointments, promotions and discipline of Judges under the control of the Prime Minister who was to advise the President on such issues instead of creating an independent Judicial Service Commission to perform the functions. Hence, the fate of judicial officers became subjected to the whims and caprices of politicians.
