Constitutional Development in Nigeria: From the Nigerian Council of 1914 to the Richards Constitution of 1946 (Pols 104)

Introduction

The constitutional development of Nigeria is a story of gradual, often contested, political evolution under British colonial rule. Each constitutional instrument introduced by the colonial administration reflected both the changing realities of governance in Nigeria and the growing pressure from educated Nigerians for greater participation in the administration of their country. From the largely ceremonial Nigerian Council of 1914 to the regionally structured Richards Constitution of 1946, these constitutional milestones laid the groundwork for Nigeria's eventual path to self-governance and independence.

The Nigerian Council of 1914

Lord Lugard

The origin of constitutional development in Nigeria can be traced to the Amalgamation of 1914, when Lord Frederick Lugard merged the Colony and Protectorate of Southern Nigeria with the Protectorate of Northern Nigeria to form a single entity — the Colony and Protectorate of Nigeria. Following the amalgamation, Lugard established the Nigerian Council, which consisted of 36 members, of whom only 6 were Nigerians. The Council functioned purely as an advisory body; its resolutions carried no legal force and it had no legislative powers. It was, in effect, a consultative forum rather than a genuine instrument of representation, and Nigerian members had little meaningful influence over the decisions of the colonial administration.

The Clifford Constitution of 1922

Sir Hugh Clifford 

The Clifford Constitution, introduced by Governor Sir Hugh Clifford, represented a significant departure from the Nigerian Council model and marked an important moment in Nigeria's constitutional history.

Key Changes:

• The Nigerian Council was abolished and replaced by a Legislative Council.
• The jurisdiction of the Legislative Council covered the Southern Provinces and the Colony of Lagos, while Northern Nigeria continued to be governed by the Governor through proclamations, remaining outside the Legislative Council's jurisdiction.
• Most significantly, the elective principle was introduced for the first time in Nigeria — and indeed in British West Africa — allowing Nigerians to elect representatives to the Legislative Council. This was a landmark development in colonial governance. Elections were restricted to Lagos (3 elected members) and Calabar (1 elected member).

Features:

1. Provided for the election of Nigerians into the Legislative Council, marking the first formal introduction of the elective principle in Nigeria.

2. Restricted elections to Lagos and Calabar only, leaving the vast majority of Nigerians unrepresented through any elective process.

3. Set eligibility and voting criteria that were narrow and exclusionary: voters were required to be male adults, British subjects, and to earn an annual income of at least £100 — a threshold that effectively limited participation to a small, relatively wealthy urban class.

4. Retained the administrative division of Nigeria, effectively keeping Northern Nigeria separate from the legislative framework applicable to the south.

5. The introduction of the elective principle stimulated political activity and civic consciousness. It led to the emergence of political parties, associations, and a nationalist press. Notable publications included the Lagos Daily News (founded 1925 by Ernest Ikoli) and the Nigerian Daily Times (founded 1926), which became important platforms for political commentary and nationalist opinion.

The Richards Constitution of 1946

Sir Arthur Richards 

Sir Arthur Richards succeeded Sir Bernard Bourdillon as Governor of Nigeria in 1943. In December 1944, Richards presented a proposal for a new constitution, with the stated aim of promoting the unity of Nigeria while also recognising its diversity. After limited consultation — a process that drew criticism from Nigerian nationalists who felt they had been inadequately involved — the proposal was formally enacted by January 1947 as the new Constitution of Nigeria.

Features

1. A Legislative Council was established with wider nominal coverage than under the Clifford Constitution, now extending to the whole of Nigeria — including the North — for the first time.

2. An Executive Council was retained, composed of 10 members and still dominated by British officials. Though the Clifford Constitution had similarly excluded Nigerians from the Executive Council, this began to change marginally: two Nigerians were appointed to the Executive Council — one in 1943 and another in 1949 — reflecting a gradual, if insufficient, shift toward Nigerian participation at the executive level.

3. The Constitution retained the elective principle first introduced by the Clifford Constitution, maintaining elected representation from Lagos and Calabar, though the broader franchise remained limited.

4. Most consequentially, the Richards Constitution introduced regionalism into Nigeria for the first time, dividing the country into three regions: the North, the East, and the West. Each region was given its own House of Assembly, a development that would have lasting implications for Nigerian politics. While the intention was to reflect Nigeria's diversity and improve administrative efficiency, critics — including prominent nationalists such as Nnamdi Azikiwe — argued that regionalism entrenched division and was designed to serve British imperial interests by weakening the prospect of a united Nigerian nationalism.

Conclusion

The constitutional instruments introduced between 1914 and 1946 — the Nigerian Council, the Clifford Constitution, and the Richards Constitution — each reflect a distinct phase in Nigeria's colonial political evolution. From a wholly advisory council with minimal Nigerian input, to the introduction of elections and eventually regionalism, these constitutions incrementally broadened the scope of Nigerian participation while simultaneously revealing the limitations and contradictions of colonial governance. Crucially, they also provoked and energised Nigerian nationalism, as educated Nigerians increasingly used the platforms these constitutions afforded — however restricted — to organise, agitate, and demand a greater share of power over their own affairs.