THE 1979 CONSTITUTION (SECOND REPUBLICAN CONSTITUTION)

 Following the independence Constitution of 1960 and Republican Constitution of 1963, the military took over Nigeria government. Undoubtedly, the Constitution was suspended as inherent in military culture. Be that as it may, every effort was made to draft a new Constitution. For instance, Late General Aguiyi Ironsi organize a Constitutional review Committee that was led by F.R.A. William, but this didn't record any success as Aguiyi Ironsi regime was terminated.

Subsequently, General Yakubu Gowon took over government and follow in the footstep of Aguiyi Ironsi in drafting a new Constitution. Therefore, a constitutional conference programme was set up in Aburi, Ghana. This also failed as Nigeria went to thirty months civil war (1967-1970).

However, it is Muritala/Obasanjo's regime in 1975 that  constituted 49 Constitutional drafting Committee led by Chief Rotimi William. The Constitution was completed in 1976 and was given for review to 230 members constituent assembly headed by Justice Udo Udoma.

FEATURES OF 1979 CONSTITUTION 

1. The Constitution abandoned parliamentary system of government and adopted presidential system of government.

2. The introduction of executive president who acted as both Head of state and Head of government. He performs both ceremonial and executive function. 

3. For the first time in the of Nigeria, the president was popularly elected by the electorate. 

4. There was separation of power

5. The Constitution allowed the president to appoint his ministers outside the Parliament or legislature subjected to the approval of the senate. 

6. According to the Constitution, appointment of ambassadors and board members is to be done by the president subjected to the approval of the senate.

7. There is a fixed term tenure of four years for the president, governor and legislature, though they could be reelected for second term. 

8. The Constitution adopted Bi-camera system of government. 

9. The president, governor and their running mates could also be removed by the legislature through the process of impeachment. 

MERITS OF 1979 CONSTITUTION

1. There was supremacy of the Constitution rather than supremacy of the parliament as portray in Republican Constitution of 1963.

2. There exist the principle of checks and balances. 

3. There is separation of power

4. There is a fixed term tenure of four years for the president, governor and legislature, though they could be reelected for second term.

5. The Constitution entrenches fundamental human rights. 

DEMERITS OF 1979 CONSTITUTION 

1. Despite the principle of checks and balances, the president still made dictatorial decision. 

2. The impeachment clause in the Constitution can be abused. Epitome is the former governor of Old kaduna State Balarabe Musa, who was impeached by the legislature because he emerged from the minority Party. 

3. The Constitution encourages winner take all syndrome. This, undoubtedly, could lead to political crises. 

4. Favouritism and nepotism is another disadvantage. For instance, the president is allow to appoint his minister. Simply put, the president cannot take away his value preference.

In the final analysis, 1979 constitution was drafted by the the 49 Constitutional drafting Committee set up by Muritala/Obasanjo's regime, thought effort was made by the previous head of state, but unfortunately, they could not record any success. However, the Constitution was completed in 1976, it became effective in 1979. 

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