Amendment of the 1999 Constitution: The real issues

National Assembly

ItTHE planned amendment of the Constitution of the Federal Republic of Nigeria 1999(as amended)is not the appropriate response to the ongoing clamour of the people of Nigeria for true Federalism! The simple reason is that the CFRN 1999 is more of a unitary constitution, which has been found to be unsatisfactory and unworkable in a federation. The clamour for true federalism is a reflection of the frustrations of Nigerians with the 1999 Constitution, which is simply not working and is about to turn the country into a failed state. The problems with the 1999 Constitution are incurable by the ordinary process of Legislation or constitutional amendment because the issue of centralizing trends in Nigeria’s federalism can neither be addressed nor reversed by the current National Assembly, which in itself, is a beneficiary of the lopsided structure, and is seen as part of the problem.  To put the issues in proper perspective, it is pertinent to trace the background to Nigeria’s federal system. After the forced amalgamation of the Northern and Southern Protectorates in 1914 to form one Nigeria, the British Colonial Office was burdened with the search for a viable structural arrangement that would accommodate the different tribes, ethnic nationalities,empires,republics and autonomous communities that made up the geographical expression called Nigeria.

After considering other options like Unitary and Confederal systems of government, Federalism was chosen and established in Nigeria by the 1954 Federal Constitution, with a federal structure of three regional governments and a central(federal)government in Lagos, regarded then as the Federal Territory. The period between 1954 and 1959 was the golden age for the regions. The three regions each had a dominant agricultural crop, each region had its own constitution, apart from the federal constitution and each had its own diplomatic representation in Britain. The regional political leaders remained in their respective regions,as the Federal Government did not offer any attraction, that would make it a “do or die” affair to capture power at the centre.  Chief Awolowo was the Premier of the West, while he sent his deputy to the federal legislature. Sir Ahmadu Bello remained in the North while he sent his deputy, Sir Tafawa Balewa, to be Prime Minister. Dr Azikiwe was Premier of the Eastern Region until he became the Governor-General, and later President of the country. In fact, the Nothern Region was not enthusiastic about the clamour for independence, because it was afraid of Southern domination until it was assured of a paternalistic protection by the colonial masters.

At the negotiation for the 1960 Independence Constitution, what the founding fathers agreed upon was a full-blown federal structure, with the regions controlling their resources and paying royalties to the Federal Government. Each region had its own demarcated territorial boundary, just as the multi-ethnic communities that made up the regions had their own territorial boundaries. The intervention of the military in the government and politics of Nigeria led to the unilateral abrogation of the Federal Constitution, and destruction of the federal structure! The first blow to federalism was dealt by Major General Aguiyi Ironsi when he promulgated Decree No 34 of 1966, which transformed Nigeria into a unitary state. This was followed by Decree No 8, which introduced a confederal system of governance into Nigeria, based on the agreement reached at Aburi, Ghana. After the northern officers’ revolt, there was a counter-coup. General Gowon took over and promulgated Decree No 13 of 1967 which reverted Nigeria to federalism.  But the territorial boundaries of the regions were destroyed when the Federal Military Government unilaterally created states, which resulted in a very strong centre and weak component units, with noticeable complete domination and marginalization of the component states, which are now seen and treated like conquered nations of old.

However, it is wrong to conclude that it was a military intervention and the creation of states that destroyed federalism in Nigeria, because, before these events, there had been a progressive violation of the federal principles. In the build-up to the Independence election,it became clear that no one particular party could unilaterally wrest political power at the National level. The Action Group(AG)was the dominant party in the Western Region, National Council of Nigerian Citizens(NCNC)held sway in the Eastern Region while the Northern People Congress was the dominant party in the Northern Region. Each of the major political parties jealously guarded their regional base, while trying to penetrate the minority areas of other regions. This development bred mutual distrust, mutual suspicion and intense rivalry between the three regions. This was heightened immediately after the British handed over control of the country to the indigenous leaders.

When Chief Awolowo moved to the centre in 1959 to contest in the federal elections, the NPC saw an opportunity to make inroads into the Western Region,and this penetration later developed into a stranglehold on the region. With the coalition of the Northern and Eastern political forces, the federal government was able to impose a state of emergency on the Western Region,despite the constitutional provision of non-interference in the internal affairs of the federating regions! The Western Region was further amputated when the Mid West region was carved out of the region. The Federal Government also sent leaders of the region, including Chief Awolowo, to prison on trumped-up charges of attempt to overthrow the Federation. Once the West had been dealt a blow, it was the turn of the East, when some political forces in the Western Region allied with Northern political forces to deal a similar blow on the Eastern REGION, in the aftermath of January 15, 1966, coup, regarded in the North as an Ibo coup! The East rebuffed the conspiracy, challenged the authority of the Federal Government and attempted to secede from the Federation. This led to a 30-month bloody civil war.

Again, federal might was deployed and the secession was crushed, thus increasing federal power at the expense of the component units. According to Ayoade (1996) “in the civil war, it was not the Eastern Region that was defeated,it was federalism”. Since that period, there had been an increasing concentration of power at the centre. Over 80 per cent of matters which were on the Concurrent Legislative List of the 1960 Independence Constitution were now placed on the Exclusive Legislative List of the 1999 Constitution, over which only the Federal Government could legislate. The territorial boundaries of the federating regions were altered and the three-region structure was destroyed and the country split into 36 small and weak states by the unilateral action of the Federal Government.

The states so created by the federal government are so small that to devolve more powers on them as they are now is to give them responsibilities and duties they cannot perform. They are infinitesimally small to challenge the Federal authority if and when it usurps the state’s powers and privileges, except to gang up like the Amotekun states did on the issue of internal security of their states. These are the issues.

The first constitution made by the military was the 1979 Constitution. Even though some efforts were made to have a measure of popular participation in the making of that Constitution, the effect of this was limited by the role of the military in predetermining the contents of the constitution, and there were too many no go areas, that the constitution could not be described as an act of the Nigerian people.

Under the 1979 Constitution, the Federal Government was entrusted with the responsibility of directing and managing the Nigerian economy, the federal legislature that is, the NASS was empowered to take a unilateral magisterial position in the allocation of revenues formula. In fact, the Federal Government acquired the power to become involved in matters of purely local concern. From that first constitution made by the military in 1979, federal power came to dominate state power, thereby adding to the constitutional functions of the Federal Government, viz ministries, departments, agencies, and fat budget allocations. Under the 1979 Constitution, the very essence of federalism was undermined in its obvious repudiation of the federal system!

When the military finally relinquished power to the civilians, they foisted on the country the 1999 Constitution, which was supposed to be an improvement on the 1979 Constitution. The legitimacy of the 1999 Constitution has been challenged on many occasions. In the celebrated case of ATTORNEY GENERAL OF ONDO STATE Vs ATTORNEY GENERAL OF THE FEDERATION, decided in 2002, the Supreme Court had this to say “that from a close reading of the 1999 Constitution, I do not think it can be said that it is truly a federal constitution. In my humble view, it is a hybrid of a federal and unitary system of constitutional government”.

In making the1999Constitution, the processes did not ensure mass participation of the people of Nigeria. When General Sani Abacha died in 1998, General Abdulsalaam Abubakar took over, as the Head of State. To convince Nigerians that he had no intention to hang on to power, he hurriedly set up a Constitution Debate Coordinating Committee(NCDC) headed by Honourable Justice Niki Tobi. The committee’s mandate was to hold nation-wide consultations, for Nigerians to decide on which constitution to choose, between the 1979 Constitution, and the Abacha 1985 Draft Constitution.

Within one month the Committee concluded its assignment and recommended the adoption of the 1979 Constitution, with some amendments. There was no draft constitution, there was no Constituent Assembly and the 1999 Constitution was not subjected to debate and ratification by the people in a referendum. Rather the report of the Committee was considered by the Provisional Ruling Council, before it was promulgated into law, as the Constitution of the Federal Republic of Nigeria. The 1999 Constitution is nothing but a representation of the views of a few privileged Nigerians, with little or no involvement of the majority of Nigerian Citizens. The 1999 Constitution did not emanate from the people of Nigeria, and so the preamble to the Constitution was wrong to have invoked the name of the people of Nigeria, when it says ’We the people of the Federal Republic of Nigeria”.The 1999 Constitution was a product of a centralized autocracy!!

What Nigerians need now is not an amendment of the 1999 military Constitution, but a brand new civilian constitution, anchored on the people of Nigeria, which will enthrone TRUE FEDERALISM in the country

The call for amendment of the 1999 Constitution by the National Assembly is a ploy, and a carefully planned conspiracy, to keep restless Nigerians in check, and to buy time, to deepen and perpetuate unitarianism in Nigeria through the 2023 General Elections. This is against the wishes and aspirations of TRUE NIGERIANS for TRUE FEDERALISM. Let no one be deceived!

• Akintewe is a former Director of Public Prosecutions of the Federation, Federal Ministry of Justice, Abuja.

YOU SHOULD NOT MISS THESE HEADLINES FROM NIGERIAN TRIBUNE

ICYMI: Nigeria Back Into Recession, Worst Since 1987

Nigeria is back into a recession. This time, it is the worst the country has experienced since 1987…

ICYMI: Why We Can’t Call Off Strike Now –ASUU 

It is still uncertain whether the ongoing strike by the Academic Staff Union of Universities (ASUU) will end soon as the president of the union, Professor ‘Biodun Ogunyemi has said there are certain steps to be taken to reach a final conclusion on the issue…