The 1979 Constitution-The 1989 Constitution-The 1995 Draft Constitution

The 1979 constitution came into force on October 1, 1979. Before its advent, general elections were held in the country on August 11, 1979 under the Electoral Decree of 1979 as amended in 1978. The draft of the 1979 constitution which had been approved by the Constituent Assembly was accepted by the Federal Military Government with a number of amendments.

The most significant effect of the constitution was that it provided for a presidential system of governance for the country.

The 1989 Constitution

The 1989 constitution, which had little or no significant improvement on the 1979 constitution, was enacted by the Military Government of General Ibrahim Badamosi, Babangida (Rtd). Even though the constitution was to take effect from 1989 the Government of Babangida did not cease to be in power until August 27, 1993. Hence, the 1989 constitution was merely drafted, printed and circulated but was never promulgated into law.

The 1995 Draft Constitution

The 1995 Draft Constitution was as a result of the perceived inconsistencies evident in the 1979 constitution and more particularly as a means of dousing the tension in the polity following the emergence of Late General Sanni Abacha as the Head of State of Nigeria after the 1993 presidential election annulment crisis.

This constitution was the product of the 1994 Constitutional Conference which consisted of 273 elected 94 nominees and three delegates for each state and one for the Federal Capital Territory, Abuja. One delegate each was nominated to represent each of the special interests like the Nigeria Labour Congress, Nigeria Union of Teachers, e.t.c. The total was three Hundred and Eighty delegates.

The constitutional conference was the brainchild of the then Minister of Justice, and Attorney General of the Federation, Dr. Olu Onagoruwa and his team. During the inaugural address, the former Head of State, Late General Sanni Abacha, in his terms of reference, had the following to say to the conference.

“You have the mandate to deliberate upon the structure of the Nigeria Nation-State and to work out the modality for ensuring good governance; to device for our people a system of government, guaranteeing equal opportunity, the right to aspire to any public office, irrespective of state of origin, ethnicity or creed, and thus engender a sense of belonging in all citizens”.

The above were the exact issues addressed in that constitution. For the purpose of argument, it is necessary to outline some sections important to the continuity of the Nigeria nation:

1.  Section 229-Rotation of President, Governor and Chairman of  Local Government Council: - It provided that rotation shall be to  these offices between the North and South; the three Senatorial Districts and the Local Government Area respectively.
2. Section 220-Multiple political parties: - It provided that there shall be multiple political parties in the federation.
3.  Section 1(2) provided that no person or group of persons shall  take control of government except in accordance with the  constitution.
4.  Section 1(3) provided that any person who attempted to breach  the provisions of section 1(2) shall be prosecuted and if found  guilty shall be punished accordingly.

It is important to point out that the 1995 constitution presented a model constitution for Nigeria.

The current 1999 constitution is a replica of that constitution though this was not acknowledged in any form by the drafters and the makers of the 1999 constitution.