GODFREY OKOYE UNIVERSITY
FACULTY OF LAW
COURSE CODE: LAW 213 COURSE TITLE: CONSTITUTIONAL LAW 1
SESSION: 2025/2026 ACADEMIC SESSION
LECTURER: Revd. Victor Munachimuso Nzebunachi ESQ
LL. B (HONS) NIG, B. L (NIG), LL.M, B.TH, PGD, FICPAN, FCArb, FICMC, MMALSA CANADA (USA)
Barrister and Solicitor Supreme Court of Nigeria.
Lecturer, Godfrey Okoye University, Faculty of Law
Email: nzebunachivictor1000@gmail.com; victor.nze@gouni.edu.ng
INTRODUCTION
In this course, we will discuss the Federal and Unitary, Presidential and Parliamentary System of Government, Constitutional History of Nigeria 1862-1914, 1914-1966. Constitutional Breakdown: The Legal Consequence of the Change of Government by Extra- Constitutional means (eg Coup d'etat). The military in Government, the period between January 15 1966- and October 1, 1979, January 1984 to date. It is very important for learner's of Constitutional Law to learn the nitty gritty of the Constitution, how it came into existence till the present age and it's applicability in our contemporary society at large. This explains the reason why we need to pay close attention in this course as it plays a major role in our judicial system in our country, Nigeria.
LEARNING OBJECTIVES
The Objective of this course is to enable the students
1. To explain the Federal, Unitary, Presidential and Parliamentary System of Government,
2. To explain the different Coup d'etat within the Nigerian Military regime era,
3. To discuss the Constitutional History of Nigeria,
4. To discuss the features and Shortfalls of these Constitutional breakdowns.
LEARNING OUTCOMES
By the end of the lessons, Students will be able to:
1. Identify the various sources of Constitutional Law.
2. Identify the various Classification of the Constitution.
3. Point out the different Constitution history of Nigeria.
4. Point out the Separation of Powers both in Nigeria and the Military.
5. Point out the Constitutional breakdown from 1963-1999, the effect of the Rule of Law, the Concept of Federalism and the Locus Standi, Both the Historical Development and Requirements in Nigeria.
EVALUATION
The Constitution of Nigeria has evolved in numerous stages. As a sound Constitutional student, briefly explain the Constitutional history of Nigeria from it's Amalgamation of 1914, it's features and short falls (what led to the collapse of each Constitution) till date (the 1999 Constitution as Amended).
LECTURE NOTES ON THE CONSTITUTIONAL LAW - LAW 213
TOPIC: UNTARY, FEDERAL AND CONFEDERAL CONSTITUTION
In a federal Constitution, the powers of Government are divided between the central government and the local branches in such a way that each sphere of Government is largely independent.
QUESTION: WHAT ARE THE ITEMS CONTAINED IN BOTH THE EXCLUSIVE LEGISLATIVE LIST AND THE CONCURRENT LEGISLATIVE LIST AS CONTAINED IN SCHEDULES 2 AND 3 OF THE CONSTITUTION?
ANSWER
The legislative lists in the Constitution provide for the distribution of powers:
a. the exclusive legislative list is assigned to the federal government;
b. the concurrent legislative list is assigned to both federal and state governments and defines areas in which both can legislate; and
c. the residual legislative list is assigned to the states.
The exclusive legislative list has sixty-eight items, while the concurrent legislative list has twelve.
The exclusive legislative list includes: accounts of the government of the federation; arms, ammunition, and explosives; aviation (including airports); awards of honours and decoration; bankruptcy and insolvency; banks, banking, bills of exchange, and promissory notes; borrowing monies inside and outside Nigeria for the purposes of the federation or any state; census; citizenship, naturalization, and aliens; commercial and industrial monopolies; construction and maintenance of federal trunk roads; control of capital issues; copyrights; creation of states; currency, coinage, and legal tender; customs and excise duties; defence; diplomatic, consular, and trade representation; drugs and poisons; election to offices of president and vice-president, governor, or deputy governor; evidence; exchange control; export duties; external affairs; extradition; immigration and emigration; implementation of treaties; insurance; incorporation, regulation, and winding up of corporate bodies other than those established by a law enacted by the state Houses of Assembly; labour; maritime shipping and navigation; meteorology; military (army, navy, and air force); mines and minerals; national parks; nuclear energy; passports and visas; patents; trade marks, trade, or business names; pensions and gratuities payable out of the public funds of the federation; police and other government security services established by law; posts, telegraphs and telephones; powers of the federal National Assembly and the privileges and immunities of its members; prisons; public debts; public holidays; public service of the federation; quarantine; railways; regulation of political parties; service and execution in civil and criminal processes, judgments, decrees, and other decisions of any court of law inside or outside Nigeria, except for laws made by the state; stamp duties; taxation of incomes; profits and capital gains, as provided by the Constitution; trade and commerce; traffic on federal trunk roads; water from sources declared by the National Assembly to affect more than one state; weights and measures; wireless, broadcasting, and television other than those owned by states; any matter with respect to which the National Assembly has power to make laws under this Constitution; and any “matter incidental or supplementary to any matter mentioned elsewhere in this list."
The concurrent legislative list includes: allocation of revenue; antiquities and monuments; archives; collection of taxes; electoral law; electric power; exhibition of cinematography films; industrial, commercial, or agricultural development; scientific and technological research; statistics; trigonometrical, cadastral, and topographical surveys; universities; technological and postprimary education. Section 4(5) of the Constitution provides that, “if any law enacted by the House of Assembly of a State is inconsistent with law validly made by the National Assembly, the law made by the National Assembly shall prevail, and that other law shall to the extent of inconsistency be void.”
Q? WHAT DOES A STATE LEGISLATION MEAN?
A State Legislation is the State House of Assembly. In Nigeria, a House of Assembly is the state-level legislature. All Houses of Assembly are unicameral, with elected members who are designated as members of the House of Assembly, Assemblymen, or MHA, and who serve four-year terms.
Q? WHAT DOES FEDERAL LEGISLATION MEAN?
A Federal Legislation is the National Assembly of the Federal Republic of Nigeria is a bicameral legislature established under section 4 of the Nigerian Constitution. It consists of a Senate with 109 members and a House of Representatives with 360.
Q? WHAT DOES A CENTRAL GOVERNMENT MEAN?
The central government is the political authority that governs an entire nation. The central government is broken down into three branches: legislative branch (Senate and House of Representatives), executive branch (President and chief executives), and the judicial branch (federal courts).
Q? WHAT DOES A UNIT MEAN IN THE NIGERIAN GOVERNANCE?
The component units of the Nigerian Federation are the federal, state, and local governments, as well as the Federal Capital Territory (FCT). The federal government is responsible for issues that affect the entire country, such as foreign affairs, defense, and security.
TOPIC: CONSTITUTIONAL HISTORY OF NIGERIA
FEATURES OF THE AMALGAMATION OF 1914
1. The appointment of a Single Governor and Commander-in-Chief for the whole country.
2. The centralization of the administration of the country with the creation of the Federal Executive Council and the Federal Legislative Council.
3. The institution of the Advisory and Deliberative Council inclusive of the Governor and 30 others nominated solely by him as members which includes the Chiefs and traditional Rulers.
4. The enforcement of the practice of indirect rule.national
THE PITFALLS OR SHORTFALLS OF THE AMALGAMATION OF 1914
1. The choice of a single executive for the whole territory was not effective as there was in reality no cushion of the administration of both the Southern and Northern Protectorates.
2. There was too much executive power entrusted in the hands of the executive Governor which resulted in the exercise of Autocracy and unbridled wide discretionary powers.
3. The Executive and Legislative Councils were composed primarily of British Officials to the exclusion of Nigerians who were indeed not privy to the formulation of neither the Constitution nor it's implementation.
4. Few educated Nigerians formed a strong various pressure groups within the West African Sub-region to the West African National Congress which sent Representatives to the then Secretary of State for the Colonies with specific demands for the involvement of West Africans in the management of their affairs which was rejected by the Secretary of State and thus, led to the breakdown of the Constitution and paved way for the introduction of the Clifford's Constitution of 1922.
THE CLIFFORD'S CONSTITUTION OF 1922
FEATURES
1. The Executive Council and Legislative Council gives advice to the Governor in the affairs of governing the country though he is not bound to heed it's advice.
2. The Governor nominate other officials with the consent of the Secretary of State.
3. The Governor had absolute powers subject only to the supervision and control of the Secretary of States for Colonies though he is not bound by the advice of the Council.
4. The creation of Nigerian Legislative Council through the Nigerian (Legislative Council) Order in Council. The Council was composed of the Governor as the President, 226 official members, 23 ex-officio members, 3 norminated members and 4 elected members (3 from Lagos and 1 from Calabar) and no more than 15 unofficial members.
5. The establishment of the first political party, activities and movements as NNDP (Nigeria National Democratic Party led by Late Herbert Macauley which claimed some Legislative seats in the elections in 1923, 1928, and 1933 respectively which gave rise in the increase of Nigerians to participate more in the government.
6. The creation of journalism in the country with the emergence of the first group of Newspapers.
THE PITFALLS OR SHORTFALLS
1. The Trade Union created a political struggle as a result of the economic struggle in the country.
2. As a result of the economic struggle, it resulted to pressure groups on the colonial government on the need for the restructuring of the country by the introduction of a more acceptable Constitution.
THE RICHARD'S CONSTITUTION OF 1946
FEATURES
1. It made room for the provision of the Legislative Council giving them the Legislative power to make laws for the peace, order and good government of Nigeria as an entity.
2. The Governor remained the President with 16 Officials (13 ex-officio and 3 nominated) and 28 unofficial (24 nominated and 4 elected) members.
3. The Governor nominated the three officials while the newly established Provincial Councils acting as electoral colleges nominated the 24 unofficial members.
4. The Constitution decentralized the administration of the country by establishing the Legislative and Executive Councils for each of the then three Provinces.
5. The Legislative and Executive Councils has no Legislative powers but could consider or comment on matters referred to them by the Government and in any Legislative proposal to be introduced in the Legislative Council which will be applicable to the Province concerned.
THE PITFALLS OR SHORTFALLS
1. The Executive and Legislative Councils at the central level were largely dominated by British Officials to the exclusion of Nigerians who were desirous of managing their own affairs.
2. The predominant party NCNC, filed a memorandum to the Governor on the ground of deficiencies inherent in the Constitution and denounced it in strong terms. This resulted in protests organized by the NCNC party which led to the withdrawal of the Constitution and for the commencement of the preparation for a new Constitution.
THE MACPHERSON'S CONSTITUTION OF 1951
FEATURES
1. It made provision for the joint effort of both the British Officials and Nigerian politicians in drafting of the Constitution.
2. It made room for series of conferences in order to carry out a review in line with the popular feelings and aspirations of the people vis-a-viz questionnaires which was submitted for discussions and comments at various levels.
3. More Nigerians participated in the Governance of their affairs.
4. More Nigerians were both in the advisory and deliberative councils.
5. These councils acquired independent Legislative powers with certain defined fields as was reflected in the third schedule of the Constitution.
6. The Councils were also empowered to legislate on any other matter declared by any law of the then national Assembly.
7. It empowered every regions not only to be mere administrative units but also became political entities each vested with both executive and Legislative powers in respect of specific areas of the country.
8. For the first time in the history of Constitutional Governance, both the Central and regional Legislative houses became composed of not only elected majority but also of Nigerians who had a day in the management of affairs thus, replacing the autocratic rule of the Governor and his selected officials with a rule of elected representatives of the people.
THE PITFALLS OR SHORTFALLS
1. The regional politics that were vested with both executive and Legislative powers created a basis for regional and ethnic rivalry, that is, regional conflicts, on the basis of their personal desires of each regional leader which engendered regional crisis between the period of 1951-53 to the detriment of the country which led to the collapse of the Constitution and for the introduction of the 1954 Constitution.
THE LITTLETON CONSTITUTION OF 1954
FEATURES
1. The Constitution made Nigeria to become a federation of five parts vis-a-viz: the Northern Region, Western Region, Easter Region, the Southern Cameroon and the Federal Territory of Lagos.
2. The Federal Territory of Lagos exercise it's authority from the then Western Region that enables them to represent the authority both of the Federal legislature and the executive authority.
3. The New Region of Southern Cameroon exercise their authority from the Eastern Region which enables them to represent the authority of both the Federal legislature and the executive authority but no Ministerial Responsibility until 1958.
4. The Northern Region, the Western Region and the Eastern Region were granted full political status and the Constitution granted the regions a complete transfer of all Legislative and Executive powers except with some restrictions with regards to the exclusive Legislative list which was reserved for the central Legislative Council.
THE PITFALLS OR SHORTFALLS
1. The internal self Independence attained by both the Eastern and Western Regions in 1957 and the Northern Region in 1959.
2. The changes in the central Legislative Council led to the disappearance, or withdrawal of the British officers in the legislature.
3. The new system that was adopted in distribution of executive powers under the new political arrangement ensured the withdrawal of British Officials from the Regional Executive Councils.
4. The Constitution made adequate arrangements for the devolution of Judicial powers with the creation of the Federal Supreme Court as the apex court in the country.
5. High Court was created in the Federal Territory of Lagos and the Regions.
6. The Secretary of State for the Colonies by the Governor General appoints judges for the Federal Supreme Court.
7. The quest for full Independence was overridden by the quest for the Independence of Gold Coast of 1957.
THE PRE INDEPENDENCE CONSTITUTIONAL CONFERENCE
The 1957/58 pre-independence Constitution conferences took place in London and it was well attended by political figures notably, the three Regional leaders, viz. Dr. Nnamdi Azikiwe (Eastern Region), Chief Obafemi Awolowo (Western Region), and Ahmadu Bello (Northern Region). The British Government was represented by the Governor-General, three Regional Governors, the High Commissioner for Southern Cameroons, two Federal Ministers and the Leader of the Federal House of Assembly. The main gist of these Conferences was the submission of a joint memorandum demanding for Nigeria's independence in 1959, whereas, the colonial Government proposed 1960 as the terminal date for the colonial rule.
The Conferences, however, succeeded in laying down important structures to herald the country into independence of the proposed date:
1. A proposal that the Eastern and Western Regions should become self-governing at an early date to wit 1957 and 58 respectively was adopted while that of the Northern Region was fixed for 1959.
2. It was agreed that the Governor should cease to preside over the Executive Councils, though they would be informed of the executive Council's decisions.
3. That a Regional Governor should be appointed by the crown on the advice of the British Governor.
4. That a Regional Governor, in his discretion should appoint as a Premier the person appearing to him to command a majority in the House of Assembly in the state and should on the Priemer's recommendation appoint other ministers and assign specific responsibilities to them.
5. That the office of the Prime Minister of the Federation should be established and that the Governor-General should appoint a Premier who appeared to him to command the majority in the House of Representatives and on the recommendation of the Prime Minister.
ACHIEVEMENTS
One major achievement of the conference was the resolution that a list of fundamental rights be incorporated into the Constitution to protect Nigerian citizens from arbitrary abuse by the government and to allay the fears by minorities of domination by the major ethnic groups.
THE INDEPENDENCE CONSTITUTION OF 1960
The independence Constitution was a direct product of the 1957/58 conferences which formed the basis of the 1960 independence Constitution.
FEATURES
1. The Independence Constitution (the Nigeria Independence Act) of 1960 marked the end of the reign and vestige of British dominance in Nigeria's government.
2. The British Parliament conceded or handed over independence to Nigeria with the corollary of full responsibility status with effect from October 1st 1960.
3. There was a complete transfer of both executive and Legislative powers to Nigerians as manifested in the requisite organs of Government.
4. The Nigerian (Constitution) Order in Council of 1960 re-enforced the provisions for the internal and external independence of the country.
5. The 1960 Constitution maintained the characteristics features of a federal system with residual powers falling to the Regions, while both the central and Regional governments operated the bicameral "Westminster Model" type of Parliamentary government.
6. The Governor appoints the Regional Priemer who, being a member of the Regional House of Assembly must command the support of the majority of members while in the Northern Region, the Priemer could be a member of the House of Chiefs in the region.
7. The Constitution enhanced the independence of the judiciary by making elaborate provisions for the jurisdiction of the Supreme Court.
8. The Constitution made Provisions for the Supreme Court to have original jurisdiction over disputes between the Federal Government and any Region and Regions versus Regions.
9. The Constitution made Provisions for the Supreme Court to have original jurisdict
- Lecturer : Victor Munachi Nzebunachi