Nigeria at 57: Still in Search of an Identity
With the agitations for restructuring, the search for a suitable system of government, which began before 1960 when Nigeria became an independent country, continues to this day, write Tobi Soniyi, Segun James and Shola Oyeyipo
The fact that Nigerians are still bickering over which system of government is best for the country 57 years after attaining independent, has again raised the issue whether the British were right to have brought all the ethnic nationalities that made up Nigeria under one geographical entity.
Apart from the huge resources that had gone into constitutional conferences all organised with the hope of coming up with an ideal system of government, these efforts and the agitation preceding them were major distractions for the country. While countries concentrate on development, Nigeria had wasted the best of her opportunities searching for an acceptable system of government. The search did not start today.
Despite the nation’s best efforts, however, the clamour for the country to be restructured is getting louder everyday. The Indigenous People of Biafra recently clashed with the Nigerian Army. The group is seeking secession from Nigeria. The Nigerian civil war was fought to stop Biafra from leaving Nigeria. Today, the clamour for an independent state of Biafra is still being made. Many have also called for the country to return to regionalism.
Many analysts have attributed the problems facing Nigeria to the structural defect emanating from the unitary constitution imposed on the country by military interventions in the polity. But for others, the problems go beyond the military.
Those who predicted Nigeria would not last this long have not stopped wondering how the country managed to survive as one. But the pessimists are not done yet. They are still wondering for how long the country will continue as one indivisible entity.
Not only have the Nigerians people unable to agree to a suitable system of government, they have yet to see themselves as Nigerians as they often identify themselves through their ethnic nationalities.
An Abuja based legal practitioner and founder Egalitarian Mission Africa, Dr Kayode Ajulo said Nigerians preferred to identify themselves through their ethnic identity for many reasons: economic, political, and other sentiments.
“Political distrust and suspicion as a result of leadership failures and fear of domination by other ethnic nationalities”, he said were other factors.
Prof Kunle Ade Wahab, it is lack of patriotism. He said: “It (patriotism) is the first trait lacking in Nigerian youths.
“For any nation to move forward the people and most especially the youths, must love their country unconditionally.
“All evils that befell the country such as corruption, terrorism, ethno-religious crisis, tribalism and all that, are as a result of lack of patriotism and succumb to the ills mentioned above.”
In the Beginning
The struggle for a system of government that would be suitable for the area that would later be known as Nigeria began in 1861 following the formal annexation of Lagos.
Nigeria’s constitutional development history can be classified into two: the pre-independence period which covers six constitutional instruments (1914, 1922, 1946, 1951, 1954 and 1960) and the post-independence period which consists of three instruments (1963, 1979 and 1999).
One fundamental flaw which continues to affect the credibility of Nigerian constitutions both before independence and after is that the people are hardly allowed to have a say in making the instruments that would regulate their lives. In this wise, while all the pre-independence constitutional instruments were enacted through an order-in-council of the British monarch, their post-independence counterparts were enacted in two ways: an Act of parliament (1963 Constitution) and military decree (1979 and 1999).
After the annexation of Lagos by the British in 1861, a legislative and executive council was constituted for it. In 1862, Lagos and other British territories in the Gold llCoast, Sierra Leone and Gambia were by a commission dated 19 February 1866, placed under a Governor General based in Sierra Leone. However, they each had separate legislative councils. In 1874, the Gold Coast and Lagos were formed into a separate colony with a governor and legislative council based in the Gold coast. In 1886, Lagos became a separate political entity with its own Governor, executive and legislative councils. In 1906, the protectorate of Southern Nigeria and the colony of Lagos were amalgamated and called the colony and protectorate of Southern Nigeria. By Article 4 of the Southern Nigeria Protectorate Order in Council 1906, the Legislative Council of Lagos was empowered to make laws for the Protectorate of Southern Nigeria by ordinance.
The story of one Nigeria started in 1914 when the Colony and Protectorate of Southern Nigeria was merged with the Protectorate of Northern Nigeria. They became the Colony and Protectorate of Nigeria which was administered by a Governor-General appointed by the Queen of England. Lord Frederick Lugard was the 1st Governor-General of amalgamated Nigeria. The 1914 Constitution created a Legislative Council of the Colony which was however restricted to making laws for the Colony of Lagos alone, whilst the Governor-General made laws for the rest of the country.
In place of a legislative council for the country, there was established an advisory body called the Nigerian Council. It had 30 members of whom 17 were officials and 13 non-officials. Of the non-officials, four were nominated by the governor to represent commercial, shipping, mining and banking interests. while the Lagos Chamber of Commerce, Calabar chamber of commerce of chamber of mines appointed one member each. The remaining members were Nigerians appointed by the governor.
The Clifford Constitution
Eight years later, the 1914 Constitution was replaced by the 1922 Sir High Clifford Constitution. Clifford assumed office in 1919 as governor. He as pressured by the then West African congress, led by Caseley Hayford, to provide constitutions in West African subject states.
This led to the making of the Clifford constitution of 1922. It introduced, for the first time in any British African territory, the elective principle with Lagos and Calabar being granted the franchise to elect their representatives to the Legislative Council. The first election was conducted into the legislative council with four slots:3 for Lagos while 1 for Calabar. However, the election was based on limited franchise because it restricted the election to those that earned a minimum of 100 pounds annually. Fewer peoples earned that much.
It also introduced a legislative council which replaced the Nigerian Council. It consisted of 46 members with the governor as the head. Out of the 46, 23 were official members and 19 were unofficial members. However, the council could only legislate for the South. The governor legislated for the North via proclamation.
There was also an executive council, however, it had no Nigerians. It consisted of the governor, chief secretary, lieutenant governors, an administrator for Lagos, attorney – general, commandant of the Nigerian regiment, director of medical service, Comptroller general and Secretary for native affairs.
After Hugh Clifford, there were two other
One fundamental flaw which continues to affect the credibility of Nigerian constitutions both before independence and after is that the people are hardly allowed to have a say in making the instruments that would regulate their lives