The 1979 Constitution of Nigeria: Features, Merits and Demerits
Introduction
Following the Independence Constitution of 1960 and the Republican Constitution of 1963, Nigeria experienced military intervention in politics. The military takeover of government in January 1966 brought the First Republic to an end. As a result, the operation of the existing constitutional arrangements was suspended, as military governments generally governed through military decrees and edicts rather than through democratic constitutional process.
Despite the suspension of constitutional government, efforts were made at different stages to return the country to constitutional and democratic rule. For instance, the regime of General Aguiyi Ironsi established a Constitutional Review Committee headed by Chief F. R. A. Williams. However, the committee could not complete its work before the regime was overthrown in July 1966.
Subsequently, General Yakubu Gowon came to power and also made efforts toward constitutional reform. One of the major initiatives during his administration was the constitutional conference held at Aburi, Ghana, in January 1967. The conference was intended to address the political crisis that had developed in Nigeria. However, the disagreements surrounding the implementation of the Aburi understanding were not successfully resolved, and Nigeria eventually descended into the Civil War, which lasted from 1967 to 1970.
A more decisive effort toward constitutional development was made during the military administration of General Murtala Mohammed and later General Olusegun Obasanjo. In 1975, the administration established a 49-member Constitution Drafting Committee (CDC), headed by Chief F. R. A. Williams. The committee was charged with the responsibility of preparing a new constitution that would facilitate Nigeria's return to democratic government.
The Constitution Drafting Committee completed its work in 1976. The draft was subsequently presented to a 230-member Constituent Assembly headed by Justice Udo Udoma for further consideration and review.
After the necessary constitutional processes had been completed, the Constitution came into effect on 1 October, 1979 and ushered Nigeria into the Second Republic.
Features of the 1979 Constitution
1. Adoption of the Presidential System of Government
One of the most important features of the 1979 Constitution was the abandonment of the parliamentary system that had operated under the Independence Constitution of 1960 and the Republican Constitution of 1963.
The 1979 Constitution adopted the presidential system of government. Under this arrangement, the executive authority of the federation was vested in the President, who was elected separately from the legislature.
The adoption of the presidential system was intended to provide a clearer separation between the executive and legislative arms of government and to reduce some of the difficulties associated with the parliamentary system.
2. The President as Both Head of State and Head of Government
The Constitution created the office of an executive President who served as both Head of State and Head of Government.
Unlike the parliamentary system, where the ceremonial Head of State and the Head of Government were separate offices, the 1979 system concentrated both roles in the presidency.
The President therefore performed both ceremonial and executive functions. He represented the Nigerian state while also exercising executive authority over the government.
3. Popular Election of the President
Another important feature was that the President was elected by the electorate. This represented a major departure from the earlier parliamentary arrangement, in which the Prime Minister emerged from the parliamentary majority.
The direct electoral basis of the presidency strengthened the democratic legitimacy of the president because citizens participated in choosing the individual who would occupy the highest executive office in the country.
4. Separation of Powers
The 1979 Constitution emphasized the principle of separation of powers among the executive, legislature and judiciary.
The executive was responsible for implementing laws and administering government, the legislature was responsible for making laws, while the judiciary interpreted laws and adjudicated disputes.
The purpose of separating these powers was to prevent excessive concentration of authority in one institution and to establish mechanisms through which the different arms of government could check one another.
5. Appointment of Ministers
The Constitution permitted the President to appoint ministers who were not necessarily members of the legislature, subject to the constitutional requirement of Senate approval.
This was different from the parliamentary system, where ministers were generally drawn from the legislature.
The arrangement allowed the President to select individuals whom he considered competent to administer particular ministries while still subjecting the appointments to legislative scrutiny.
6. Fixed Four-Year Tenure
The Constitution provided a fixed tenure of four years for the President, governors and members of the legislature.
An office holder could seek re-election for another term, subject to the constitutional requirements.
The fixed tenure was important because it provided political stability and prevented a government from being removed merely through a parliamentary vote of no confidence, as could occur under a parliamentary system.
7. Bicameral Legislature
The 1979 Constitution established a bicameral federal legislature, consisting of the Senate and House of Representatives.
The existence of two chambers was intended to provide broader representation and an additional level of legislative scrutiny.
A bill could therefore be subjected to consideration by both chambers before becoming law, subject to the constitutional procedure.
8. Impeachment of Political Office Holders
The Constitution provided a constitutional procedure through which the President, governors and their deputies could be removed from office by the legislature for serious misconduct, subject to the prescribed impeachment procedure.
The purpose of impeachment was to ensure that elected officials remained accountable and could be removed when they seriously violated the constitutional expectations of their offices.
Merits of the 1979 Constitution
1. Supremacy of the Constitution
One major advantage of the 1979 Constitution was the establishment of constitutional supremacy.
This represented an important departure from the principle of parliamentary supremacy associated with the earlier parliamentary system. Under constitutional supremacy, government institutions and public officials were expected to operate within the limits established by the Constitution.
This helped to strengthen the rule of law and provided a legal framework for limiting governmental power.
2. Principle of Checks and Balances
The Constitution established mechanisms of checks and balances among the different arms of government. For example, the legislature exercised oversight over the executive, while the judiciary could interpret constitutional provisions and determine the legality of governmental actions.
The principle was intended to prevent any single arm of government from becoming excessively powerful.
3. Separation of Powers
The separation of powers was another major advantage. By assigning different responsibilities to the executive, legislature and judiciary, the Constitution attempted to prevent the concentration of governmental authority.
For instance, the legislature made laws, the executive implemented government policies and laws, while the judiciary interpreted the law and settled disputes.
4. Fixed Tenure of Office
The fixed four-year tenure provided continuity and stability in government. Unlike the parliamentary system, where a government could lose power through a vote of no confidence, the presidential system gave elected officials a constitutionally defined period in office.
This allowed governments to plan and implement policies without constantly facing the possibility of parliamentary removal.
5. Protection of Fundamental Human Rights
The 1979 Constitution entrenched fundamental human rights. These rights were important because they provided constitutional protection for individual liberty and placed limits on the manner in which governmental authority could be exercised.
The inclusion of fundamental rights therefore strengthened the democratic character of the Constitution and provided citizens with constitutional protection against arbitrary government action.
Demerits of the 1979 Constitution
1. Possibility of Excessive Executive Power
Although the Constitution provided for separation of powers and checks and balances, the President still possessed extensive executive powers.
The concentration of significant responsibilities in the presidency created the possibility of executive dominance. If constitutional checks were weak or ineffective, presidential authority could potentially be used in an authoritarian manner. Thus, the presidential system did not automatically eliminate the possibility of abuse of power.
2. Possible Abuse of the Impeachment Process
The impeachment provision could also become a source of political conflict if legislators used it for partisan purposes rather than strictly for constitutional accountability.
An example often associated with the Second Republic is the impeachment of Balarabe Musa, the Governor of Kaduna State, in 1981.
His removal demonstrated how disagreements between political parties could affect the relationship between elected executives and state legislatures. It also raised concerns about whether impeachment procedures could sometimes be influenced by political rivalry.
3. Winner-Takes-All Politics
The presidential system could encourage a winner-takes-all political culture. Because the winning political party controls the executive branch and has significant influence over government appointments and policies, political competition may become extremely intense.
In a highly diverse society such as Nigeria, this can increase political rivalry and create tensions among competing political parties, regions, ethnic groups and interest groups.
4. Favouritism and Nepotism
Another possible disadvantage was the extensive appointment power of the President.
Although executive appointment powers are necessary for the functioning of government, they can create opportunities for favouritism, nepotism and political patronage when appointments are based more on personal loyalty, political affiliation or sectional interests than on competence.
The concern, therefore, was not simply that the President could appoint ministers, but that excessive discretion in appointments could potentially undermine merit and public confidence in government.
Conclusion
The 1979 Constitution represented an important stage in Nigeria's constitutional development. It was introduced after several unsuccessful attempts at constitutional reform during the military era and eventually brought Nigeria back to civilian democratic government in 1979.
The Constitution Drafting Committee established during the Murtala Mohammed/Olusegun Obasanjo administration played a central role in preparing the draft, while the Constituent Assembly subsequently reviewed and considered the constitutional proposals.
One of the most significant changes introduced by the Constitution was the replacement of the parliamentary system with the presidential system. It established an executive President who served as both Head of State and Head of Government, introduced a clearer separation of powers, provided for a bicameral legislature, established fixed terms of office and entrenched fundamental human rights.
Nevertheless, the Constitution also had weaknesses. The extensive powers of the executive, possible abuse of impeachment procedures, winner-takes-all political competition and the potential for favouritism and nepotism created challenges for the effective operation of the Second Republic.
Despite these shortcomings, the 1979 Constitution remains an important landmark in the history of Nigerian constitutional development because it marked the beginning of the Second Republic and introduced the presidential system that has continued to influence Nigeria's political structure.
References
Federal Republic of Nigeria. (1979). Constitution of the Federal Republic of Nigeria, 1979. Federal Government of Nigeria.
Nigeria Senate Committee on Constitution Review. (n.d.). Constitution history: The military—the presidential Constitution of 1979. SCCR
ConstitutionNet. (n.d.). Constitution of the Federal Republic of Nigeria 1979
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