Macpherson Constitution 1951 (Pols 104)

Introduction 

The Macpherson Constitution of 1951 was Nigeria's second post-war constitutional experiment, introduced to address the widespread criticism of the Richards Constitution of 1946, particularly its lack of consultation with Nigerians. It is significant for formally introducing federalism to Nigeria's constitutional structure.

Oba Akenzua II with Earl of Plymouth and Sir John Macpherson, Governor General of Nigeria

Following the arrival of Governor Sir John Macpherson, a committee of the legislative council was set up in 1949 to examine the challenges of introducing a new Constitution. There were consultations which led to the Ibadan Conference.

Niger Delta States – Akwa-Ibom, Rivers, Delta, Edo, Bayelsa, Imo, Abia, Ondo.

Enugu Conference and Kaduna Conference also took place; at the conferences it was agreed that a federal system of government should be adopted. The constitutional drafting committee was headed by the Chief Secretary and met in 1950; the General Conference at Ibadan was chaired by the Attorney-General, Sir Gerald Howe. The committee recommended a federal system comprising the 3 regions (North, West, East), and Lagos as an autonomous municipality. The 3 regions were initially created as administrative regions under Richards' Constitution of 1946. However, with the adoption of federalism, the status of the 3 regions was changed to political units with powers to pass legislation within their respective jurisdictions/territories. This was an important step towards the establishment of a federal system of government in Nigeria.

One of the major features of this constitution was the establishment of a legislature at the centre — a House of Representatives comprising 148 members, of which 136 were elected from the regional houses.

There was also the establishment of the Council of Ministers, with responsibility to formulate policy and direct executive actions.

Additionally, the constitution granted the executive and legislature powers to make laws for the peace and order of their respective jurisdictions. Part of the challenges included the indirect character of elections, despite the fact that the regions were allowed to participate in the law-making process.

The Governor had enormous powers, including the power to veto a bill passed by the legislature. Also, the Governor could take decisions without consulting the ministers. Other defects of the constitution include the lack of uniformity in the electoral system across regions.

Conclusion 

While the Macpherson Constitution fell short of granting full self-government and retained significant reserve powers for the Governor, it laid important groundwork for federalism and wider Nigerian political participation, setting the stage for the later Lyttleton Constitution of 1954.