Identify five (5) weaknesses of the Independence Constitution of 1960.
Explanation
The Independence Constitution of 1960, which marked Nigeria’s transition to self-government from British colonial rule, had several weaknesses that reflected the lingering influence of colonialism and some gaps in its framework. Here are some of them:
1. Vestiges of Colonialism as the Queen Remained the Constitutional Head of State:
Under the 1960 Constitution, the Queen of England was retained as the constitutional Head of State, represented by a Governor-General in Nigeria. This arrangement maintained a symbolic link to colonial rule and undermined Nigeria's full sovereignty and the sense of complete independence from British authority.
2. The Judicial Committee of the British House of Lords in London Was Still the Highest Court of Appeal:
The constitution retained the Judicial Committee of the British House of Lords as the highest court of appeal for Nigerian legal matters. This meant that Nigerian legal decisions could be appealed to a British institution, which limited Nigeria’s judicial independence and reinforced colonial influence in the legal system.
3. The Constitution Did Not State Whether or Not Appointments into Public Offices Were to Be Based on Federal Character:
The 1960 Constitution did not address the principle of federal character, which refers to the fair distribution of public offices and positions among Nigeria's various ethnic groups. This omission left room for potential bias and favoritism in appointments, which exacerbated ethnic tensions and inequality in the distribution of power and resources.
4. The Constitutional Making Process Was Not Entirely Undertaken by Nigerians:
The process of drafting and adopting the 1960 Constitution involved significant input from British officials and was not entirely led by Nigerians. This lack of complete Nigerian involvement in the constitutional process meant that the document might not fully reflect the aspirations and needs of the Nigerian people, as it was influenced by colonial perspectives and interests.
5. The Constitution Failed to Specify the Number of Ministers to Be Appointed:
The 1960 Constitution did not provide a specific number of ministers to be appointed at the federal level. This lack of detail led to ambiguity and potential inconsistency in the composition of the executive branch, which could affect the efficiency and effectiveness of governance.
6. The Constitution Did Not State That Its Provisions Were Supreme:
The 1960 Constitution did not explicitly declare its provisions as supreme over other laws. This lack of a clear supremacy clause meant that the Constitution could potentially be overridden or ignored by other legislative or executive actions. This undermines its authority and stability as the foundational legal document of the country.