THE 1979 CONSTITUTION OF NIGERIA (Pols 104)

Introduction

The 1979 Constitution of Nigeria marked a significant turning point in the country's political development. It was drafted by a Constituent Assembly and promulgated under the military government of General Olusegun Obasanjo, representing a deliberate transition from the Westminster parliamentary model inherited at independence to an American-style presidential system. The Constitution came into effect on 1 October 1979, coinciding with the handover of power to the elected civilian government of President Shehu Shagari under the Second Republic. It was designed to address the institutional weaknesses of the First Republic and to create a more stable, representative, and federal democratic order.

General Olusegun Obasanjo, Nigerian, Head of State 

Key Provisions of the 1979 Constitution

1. Presidential System of Government

One of the most significant departures from earlier constitutional frameworks was the adoption of a presidential system of government. Executive authority was vested in an elected President who served as both Head of State and Head of Government, replacing the parliamentary model in which the Prime Minister was accountable to the legislature.

2. Federal System of Government

The Constitution entrenched a federal system comprising 19 states and the Federal Capital Territory (FCT). This represented an expansion from the 12-state structure created under the 1967 Gowon administration, reflecting the continued reorganisation of the federation to accommodate Nigeria's diverse ethnic and regional populations.

3. Directly Elected Executive President

The Executive President was to be directly elected by the Nigerian people and was expressly prohibited from being a member of the National Assembly. This separation of powers between the executive and legislature was a defining feature of the new presidential model, intended to prevent the executive dominance of parliament that had characterised earlier arrangements.

4. Ministerial Appointments

Ministers were to be appointed by the President, subject to confirmation by the Senate. This provision introduced a system of legislative oversight over executive appointments, balancing presidential authority with senatorial scrutiny and accountability.

5. Reintroduction of the Judicial Service Commission

The Constitution reintroduced the Judicial Service Commission, responsible for appointments, promotions, and discipline within the judiciary. This was intended to insulate the judiciary from direct executive interference and to strengthen judicial independence as a cornerstone of constitutional governance.

6. Recognition of Abuja as the Federal Capital Territory

The 1979 Constitution formally recognised Abuja as the Federal Capital Territory, reflecting the earlier decision in principle to relocate the federal capital from Lagos. The FCT was placed under direct federal administration, distinct from the 19 states of the federation.

7. Federal Character Principle and Quota System

The Constitution introduced the Federal Character Principle, which required that appointments to federal offices, institutions, and agencies reflect the diversity of Nigeria's constituent states and ethnic groups. This provision was designed to prevent domination of federal institutions by any single state, region, or ethnic group and to foster a sense of national belonging across the federation.

8. Bicameral National Assembly

The Constitution established a bicameral legislature at the federal level, comprising the Senate and the House of Representatives. The Senate consisted of 95 members — five senators elected from each of the 19 states — while the House of Representatives comprised 450 members elected from constituencies across the federation. Together, they formed the National Assembly.

9. The Senate as Upper Chamber

The Senate was designated the upper chamber of the National Assembly. All senators were to be directly elected by voters in their respective states, reinforcing the principle of popular representation and the federal character of the legislature.

10. Absolute Majority Requirement for Presidential and Gubernatorial Elections

The Constitution introduced a distinctive electoral threshold for the election of the President and state governors. A winning candidate was required to obtain not only a plurality of total votes but also at least one-quarter of votes cast in at least two-thirds of all states. This provision — often referred to as the "two-thirds rule" — was designed to ensure that successful presidential candidates commanded broad national support across regional and ethnic lines, rather than winning on a narrow sectional base.

11. Local Government as a Third Tier of Government

The Constitution formally recognised local government as a third tier of government within Nigeria's federal structure, distinct from the federal and state levels. This gave constitutional backing to local government administration and established a framework for the democratisation of governance at the grassroots level, including provisions for elected local government councils.

Conclusion

The 1979 Constitution represented one of Nigeria's most ambitious constitutional experiments, introducing a presidential system tailored to the country's federal and pluralistic character. Its provisions on federal character, the separation of powers, and the electoral threshold for presidential elections were innovative responses to the political crises of the First Republic. However, the Second Republic governed under this Constitution lasted only four years before it was suspended following the military coup of 31 December 1983. Despite its premature end, the 1979 Constitution left a lasting legacy and served as an important reference point for subsequent constitutional developments, including the 1999 Constitution which restored civilian governance and retained much of its presidential framework.