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1963 Republican Constitution

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33 views2 pages

1963 Republican Constitution

Uploaded by

successademuagun
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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1963 REPUBLICAN CONSTITUTION

A republican form of government can be defined as a sovereign state headed by a president


elected for a fixed term of office. Unlike a monarchy, succession in the office of the Head of
State is non-hereditary but elective. It is a representative democracy in which government is by
the consent of the people.
Following the independence of Nigeria in 1960, the Nigerian leaders started ruling the country
on the basis of the independence constitution of 1960. The first three years of independence
afforded the leaders the opportunity of identifying the short comings of the 1960 constitution. It
is well said that experience is the best teacher. Having been in power for sometimes, the leaders
of Nigeria now considered themselves experienced enough to carry out far reaching changes
which has direct impact on the lives of Nigerians. Also, the practice by which the judicial
committee of the Privy Council was the final arbiter and was disgusting and as such, there was
urgent need to effect changes.
The Prime Minister and regional premiers met in May 1963 in order to discuss and settle
constitutional issues. So, the conference of heads of government of Nigeria agreed to summon an
all – party constitutional conference in Lagos to suggest to it, important changes in the
constitution. The all – party conference met in July, 1963 and agreed that Nigeria should become
a republic and that the president of the republic should have the same powers and functions as
the Governor – General had under the Independence Constitution. So, a constitutional conference
was held in Lagos between July 25 and 26, 1963. It was the first indigenous constitutional
conference by Nigerians and the first constitution ever to be drafted by Nigerians for Nigerians.

Main Features of the Republican Constitution Of 1963


The following are the salient characteristics or features of the Republican Constitution of 1963.
 Nigeria became a republic within the Commonwealth and the Queen of England ceased
to be the Head of State of Nigeria.
 The President who was a ceremonial Head of State replaced the Governor – General who
represented the Queen of England
 The President was to be elected by the parliament and could be removed by the
parliament. To be eligible for election as president, a candidate must be at least 40 years
old. He was to serve for a term of five years.
 The federal parliament consisted of 56 members at the senate and 312 house of
representative members.
 The constitution provided for an executive which comprised of the president, prime
minister and the council of ministers. The prime minister was appointed by the president.
There was no limit to the tenure of the prime minister and he could remain in office for as
long as he enjoyed the support of the majority of the parliament.
 The Supreme Court of Nigeria became the highest court in the country. Appeal cases
stopped going to the Privy Council in London, but rather to the Supreme Court of
Nigeria.
 It abolished the Judicial service commission and the president was vested with the
powers to appoint, transfer and promote the judges.
 A federal judge could be removed from office by two-third majority of the parliament i.e.
House of Representatives and the Senate.
 The Director of Public Prosecution (DPP) was brought under the political control of the
Attorney General of the Federation.
 The process of creating new regions and the formula for revenue allocation were
campaign input into the constitution
 All the other features of the Independence constitution remained except for those that
subjugated Nigeria to Britain.
 Fundamental Human Rights were guaranteed by the constitution.
 The provisions in the federal constitution are equivalent in regional constitutions.
 The constitution was not only federal and republican; it was also written and rigid.

Strengths of the Republican Constitution Of 1963


The advantages or strengths of the Republican Constitution of 1963 are as follows:-
 Nigeria became a Republic and was accorded full political independence since the Queen
was no longer the Head of State.
 The Supreme Court in Nigeria became the highest court in the country, that is, the Privy
Council was no longer the highest court.
 Emergency powers conferred on the Federal Government were retained.
 Fundamental Human Rights were protected, that is, the liberty of the citizens.
 The constitution provided an acceptable revenue allocation formula.
 The constitution provided the process for creation of more states.
 The constitution was an autochthonous one i.e. a home-made constitution.
 Nigerians were fully involved in the decision making process of the country.

The Weaknesses of Republican Constitution Of 1963


The weaknesses of the Republican Constitution of 1963 are as follows:
 The constitution did not provide for the independence of the Judiciary
 There was no complete separation of powers among the organs of government but fusion
of powers.
 The emergency power granted to the Federal Government curtailed the personal liberty of
the citizens, that is, their fundamental human rights.
 A major weakness of the constitution was that it did not allow for checks and balances on
the part of the executive and legislature as the constitution was parliamentary. The fusion
of power did not encourage accountability and moderation on the part of the politicians.
 The president was elected by the National Assembly who constituted the minority instead
of the majority of the electorates.

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