The Richards Constitution of 1946: Colonial Constitutionalism, Regionalism, Nationalism, and the Limits of Political Participation in Nigeria

Abstract

The Richards Constitution of 1946 occupies a pivotal position in the constitutional and political history of colonial Nigeria. Enacted in 1946 and effective from 1 January 1947, the Constitution was a key British effort to reorganize Nigeria’s political system after the Second World War, responding to rising nationalist awareness, administrative difficulties, and growing demands for greater African participation. The Constitution established a central Legislative Council for the whole country and introduced Regional Houses of Assembly in the Northern, Western, and Eastern Regions, thereby bringing previously differentiated administrative territories into a common constitutional framework while simultaneously institutionalizing regional political structures. This article examines the Richards Constitution through the interplay of colonial constitutionalism, regionalism, political representation, nationalism, and constitutional legitimacy. Drawing on the 1945 Colonial Office proposals, the 1946 Order in Council, contemporary parliamentary records, and the relevant historiography, this article argues that the Richards Constitution was a transitional and internally contradictory colonial settlement: it expanded Nigerian participation in government and gave formal constitutional recognition to regional institutions, while preserving substantial colonial authority and leaving Nigerians with limited influence over the constitution-making process. It increased African participation in government, yet the colonial administration kept most executive power. It aimed to promote Nigerian unity while formally acknowledging regional differences. It also established representative institutions, but gave Nigerians little real say in how the Constitution was made. The article further argues that regionalism became the Constitution's most consequential institutional legacy. Although initially justified as a means of accommodating Nigeria's diversity, regional institutions subsequently became important arenas for the organization of political interests and contributed to the regionalization of nationalist politics. The Richards Constitution is therefore best understood as an important institutional precursor to Nigerian federalism and as a constitutional moment in which the contradictions of colonial reform became increasingly visible.