THE 1960 AND 1963 NIGERIAN CONSTITUTIONS (Pols 104)

Introduction

Nigeria's constitutional development in the early post-colonial period is marked by two foundational documents: the 1960 Independence Constitution and the 1963 Republican Constitution. Together they trace Nigeria's transition from a British dominion under the Crown to a fully sovereign republic. While the 1960 Constitution established the framework for self-governance, the 1963 Constitution completed the process of political independence by severing the final formal ties to the British monarchy and reconstituting Nigeria as a republic within the Commonwealth.

L. Tafawa Bello, M. Sir Ahmadu Bello, and R. Nnamdi Azikiwe 

I. The 1960 Independence Constitution

1. Came into force on 1 October 1960, coinciding with Nigeria's formal independence from British colonial rule.
2. Established Nigeria as an independent sovereign state within the British Commonwealth.
3. Retained the Queen of England as Head of State, represented in Nigeria by a Governor-General; the first indigenous Governor-General was Dr. Nnamdi Azikiwe, appointed in 1960.
4. Adopted a Westminster parliamentary model of government, with a Prime Minister as head of government; Sir Abubakar Tafawa Balewa served as the first Prime Minister.
5. Established a bicameral federal legislature consisting of the Senate and the House of Representatives.
6. Maintained a federal structure with three regions — North, East, and West — each with its own government and legislature, and each enjoying significant autonomy over regional affairs.
7. The Federal Supreme Court was established as the apex court, though appeals to the Judicial Committee of the Privy Council in London were still permissible.
8. Included a justiciable Bill of Rights — one of the first in Anglophone Africa — guaranteeing fundamental rights including life, personal liberty, freedom of expression, and freedom from discrimination.
9. Provided for citizenship and the conditions under which Nigerian citizenship could be acquired.
10. Reserved certain emergency powers to the federal government in circumstances of national crisis.
11. The constitution was largely the product of the Lyttleton Constitution of 1954 and successive pre-independence conferences, including the 1957 and 1958 Constitutional Conferences in London.

II. The 1963 Republican Constitution

1. Came into force on 1 October 1963, exactly three years after independence.
2. Nigeria became a Federal Republic, severing formal constitutional ties to the British Crown while remaining within the Commonwealth.
3. The Queen of England ceased to be Head of State; the office of Governor-General was abolished.
4. A President was established as the new Head of State, elected by members of both houses of the federal legislature — the Senate and the House of Representatives — sitting jointly. Dr. Nnamdi Azikiwe became Nigeria's first President.
5. The Westminster parliamentary system was retained; the President was a largely ceremonial head of state, with executive power remaining with the Prime Minister and Cabinet.
6. The Supreme Court of Nigeria became the final court of appeal; jurisdiction of the Privy Council was terminated.
7. Justices of the Supreme Court were to be appointed by the President on the recommendation of the Prime Minister.
8. The Senate comprised 56 Senators and the House of Representatives comprised 312 members, both directly elected.
9. Provided for emergency power exercisable by the federal government in states of emergency.
10. Established a procedure for the creation of new regions and the amendment of the Constitution.
11. Regions retained control over their natural resources, remitting 50% of proceeds to the federal government — a derivation principle of considerable political significance given Nigeria's emerging oil economy.
12. Provided for a federal and cabinet ministerial syste of government, with collective cabinet responsibility to the legislature.
13. A fourth region — the Mid-West Region — was created in 1963 under provisions of this constitution, carved out of the Western Region, reflecting longstanding minority agitation.

Conclusion

The 1960 and 1963 Constitutions represent the two foundational pillars of Nigeria's post-colonial constitutional order. The 1960 Constitution delivered political independence within a familiar Westminster framework; the 1963 Constitution completed the transition by establishing a republic and asserting full judicial and executive sovereignty. Both documents reflected the tensions inherent in Nigeria's federal structure — particularly around revenue allocation, regional autonomy, and minority rights — tensions that would ultimately contribute to the political crises leading to the military coup of January 1966.