Nigerian 1979 Republican Constitution

The Nigerian Republican Constitution of 1979

After the military took over in 1966 and the 1963 constitution was set aside, there were many steps taken towards the drafting of a new constitution for Nigeria. The Aguiyi Ironsi review set up a new constitutional committee headed by F. R. A. Williams, but the committee did not do much before the regime was terminated.

Yakubu Gowon, who followed Aguiyi Ironsi, set up a constitutional conference and took part in the drafting of a constitutional program in Aburi, Ghana which was never implemented. It was the Murtala-Obasanjo regime which came in 1975 that established a 49-member constitution-drafting committee that same year, chaired by F. R. A. Williams.

The constitution was completed in 1776 and reviewed by a 230-member constituent assembly, headed by Justice Udo Udoma, and it worked from 1977 to 1978. The Supreme Military Council carried out final amendments and promulgated the new constitution of the Federal Republic of Nigeria into a decree to come into effect from 1st October, 1979.

FEATURES OF THE 1979 REPUBLICAN CONSTITUTION

1. It provided for an executive president.
2. Bi-cameral legislature for centre, uni-cameral for state.
3. System of revenue allocation entrenched.
4. Local government as third tier of government was also entrenched.
5. It specified the function of the local government.
6. Code of Conduct Bureau was established.
7. It provided for fundamental objectives and directives of state policies.

MERITS OF THE 1979 REPUBLICAN CONSTITUTION

1. Political parties were constitutionally recognised.
2. Local government was also recognised as the third tier of government.
3. Possibility of carpet-crossing was blocked.
4. Principle of separation of powers was entrenched for checks and balances.
5. In case of emergency, the House of Assembly can legislate for a state.
6. The president had executive powers.
7. It made an attempt to check corruption through Code of Conduct Bureau.

DEMERITS OF THE 1979 REPUBLICAN CONSTITUTION

1. There was too much power in one man: the president.
2. The judiciary was politicised.
3. The constitution created a very expensive system.
4. The principle of separation of powers was undermined by politicians.
5. Revenue allocation formula assigned to the National Assembly was misguided. It was purely supposed to be the job of an expert.
6. Impeachment power of parliament was open to abuse.