A CRITICAL APPRAISAL OF THE NIGERIA’S CONSTITUTIONAL DEVELOPMENT AND CONSTITUTIONALISM

ABSTRACT This paper scrutinises against the background of the various experiences and attempts made at constitutional development in Nigeria. The approach adopted is historical, from the legislation process of 1861 of Lagos colony to 1914 as the period of national formation to 1999 constitution, including the unique features of each constitution. The method of data collection is textual where secondary sources were utilized while the frame of reference is ‘Liberal Constitutional Theory’. Further, the historical eon was categorised into colonial or pre-independence and post independence, the post independence period was further subcategorised between the parliament and military constitutions. The paper argued that all the constitutions were not reflecting the people‘s interest, because they were either formed by foreigners, political elites or military junta, who always prioritise their own interests.

BUY COMPLETE LAW ESSAY FROM CHAPTER 1-5

This is why they lacked popularity and constitutionalism was not realised. More, its nature is vested in Western liberal model not the indigenous mores and ethos. The paper is divided into five parts; the first part gave the general background that comprises the introduction, clarification of concepts and theoretical frame work. The second part discussed the origin of the polity. Third is the historical development of the constitution within two categories before independence and after, including the role of military and the final segment is the conclusion and recommendation. Key concepts: Legislation, Constitution, Constitutionalism and Decree