THE OLIVER LYTLLETON’S CONSTITUTION OF 1954 Flashcards
what brought about the lyttleton constitutioj
After about two years, it became obvious that the Macpherson s Constitution had become unworkable because what the system introduced fell short of what Nigerians desired. In the opinion of Obafemi Awolowo (1966), the Federation which existed under the Macpherson s Constitution was a very tight one. In the opinion of Awolowo (1966:11), it proved unbearably restrictive and obstructive in operation. The document contained some provisions that were patently contradictory to the principles and norms of federalism. This and some other factors such as: intra-party crisis, mutual suspicion by major ethnic groups, the Kano riots of May 1953 and the issue of self-government in 1956 precipitated the total breakdown of the Constitution in 1953. Against this background, series of Constitutional conferences were organised and held between 1953 and 1958 to address the Constitutional crisis the outcomes of which culminated in the Lyttleton s Constitution of 1954 and the Independence Constitution of 1960.
London Conference 1953
This constitutional conference was held in London under the chairmanship of Oliver Lyttleton, the Secretary of State for the Colonies between July 30 and August 22, 1953. It was attended by nineteen delegates who consisted of six from each of the three regions and one from the Southern Cameroons
. Some of the important issues discussed were:
i) The shortcomings of the 1951 Constitution
ii) The motion for self-government in 1956
iii) How to implement the changes
Decisions of the Conference
- That the regions should be truly autonomous from the central government in respect of subjects under the residual powers
- That Lagos should become excised from the Western region to become a Federal territory
- That the official designation of the Lieutenant-Governor should be substituted for Governors in the regions while the Governor of Nigeria should be designated Governor-General.
- That there should be power sharing between the central and the regional governments.
- That self-government should be granted by Her Majesty to regions that desired it.
Lagos Conference of 1954
This was a follow up to the London Constitutional conference to finish the unfinished matters and was also to consider the advice of Sir Louis Chick, the Fiscal Commissioner appointed at the London conference.
The conference agreed in principle with his recommendations on the allocation of resources between the Federal and regional governments and also settled on the following issues:
- That the police and public service be regionalized.
- That the Southern Cameroons become autonomous.
- That the judiciary should be regionalized.
Main Features of the 1954 Constitution
Since the making of this Constitution was preceded by series of conferences as enunciated above, little wonder then that its provisions were based on the issues agreed upon at the conferences. The constitution, among others, established a Central Legislative Council and Regional Assembli es in which both the Governor-General and Regional Governors ceased to be members respectively.
The Legislative Council at each level was composed of the followings:
Central Legislature
• A Speaker
• Ex-officio members 3
Elected members represented as follows:-
• The Northern Region 92
• The Western Region 42
• The Eastern Region 42
• The Southern Cameroons 6
• The Lagos Colony 2
Composition of the Regional Legislature
i) The Western Region (Bicameral)
Speakers appointed by each of the Houses
• Elected members 80
• Members representing special interests 5
ii) The Northern Region (Bicameral)
• Speaker for the Assembly appointed by the Governor
• The House of Chiefs was presided over by the Governor
• Elected members 131
• Members representing special interests 5
iii) The Eastern Region (Unicameral)
• A Speaker appointed by the Governor
• No Official or special members allowed
• Elected members
Main Features of the 1954 Constitution
i) A Federal Supreme Court was established.
ii) It provided for the position of the Prime Minister at the centre and Premiers for the regions.
iii) The regions were made independent of the centre in that it transferred all the legislative and executive powers to the regions with some exclusively reserved for the centre.
Main Features of the 1954 Constitution
iv) The Lagos Colony became a Federal Territory having been excised from the Western Region.
v) It regionalized both the public service and the judiciary
vi) A unicameral Legislature for the centre.
vii) Under the fiscal allocation, half of the proceeds from export duties and revenues from mineral resources were to be retained by the regions, thus emphasizing the derivation principle
Merits of the Constitution
- For the first time, the Constitution laid a foundation for a federal structure for Nigeria by providing for a clear division of both legislative and executive powers between the Central and the Regional governments.
- It also paved the way for self-government which was later achieved by the Western and Eastern regions in 1957 while the Northern region attained the status in 1959.
- The Constitution provided for direct elections to both the federal and regional legislatures unlike the previous Electoral College system.
- The constitution also provided for appointment as ministers with portfolio for Nigerians, thereby giving Nigerians both authority and responsibility for the first time.
Its Shortcomings:
However, the constitution had its own defects some of which were:
- Its failure to provide for the second legislative chamber at the centre to guide against any possible tyrannical tendencies by a single-chamber legislature and also to ensure a balanced representation by Nigerians.
- The appointment of the ministers which was based on the regional-based political parties made their allegiance and loyalty tilted toward their regions rather than to the entire nation.
- Although, the Governor-General and Regional Governors were exempted from the legislature, they still held most of their traditional powers enjoyed under the 1954 constitution. For example, the approval of the Governor-General or the Governors must be obtained before any budget estimate could be laid before any of the legislature. They were also empowered to veto any legislation by withholding their assent.
