ON Thursday, May 27, it will be the 54th anniversary of the creation of states by General Yakubu Gowon, GCFR. The question is, what is so special about 54th anniversary? The answer is that it is special because that was the biggest attempt to protect and guarantee the interests of the minorities in Nigeria. It was also a strike on the backbone of the four regions at that time in Nigeria. Regrettably, the objectives for the creation of states as announced by General Yakubu Gowon on May 27, 1967 have not been realized. I know there will not be celebrations on Thursday May 27 in the country for the challenges of insecurity that we face nationwide. But 54 years ago we had a leader that attempted to unite this artificial country and give us a sense of belonging. Let’s face it the country itself is in kaput. We live in constant fear, not sure of what will happen to us. It is so risky now to travel from one town to the other. The government seems helpless and the people are dejected. I do not think we have ever had it so bad. Today, most of the states are in a financial comatose state. Some states cannot even afford to pay the minimum wage. Most of their revenue are spent on providing vehicles and equipment to the Nigeria Police Force which they do not control. Most, if not all, are today bedeviled with insecurity in their domains which has hampered any meaningful development. Implementation of Capital Projects has been suspended if not delayed because of insecurity. Albeit creation of states was a laudable exercise for which we should be grateful to General Yakubu Gowon.
Between 1966 and 1967, a collegiate of Federal Permanent Secretaries whom Alhaji Alade Odunewu alias ALLA DE of the old Daily Times labelled as super permanent secretaries, suggested to General Yakubu Gowon that the best way to solve the lingering crisis between the central government and the then eastern Nigeria was to create more states in the federation so as to break the backbone of the regions. There were four regions as at that time- Northern Region, Western Region, Eastern Region and the Middle Western Region. The collegiate of Permanent Secretaries at that time was headed by Chief Allison Ayida (June 16, 1930-October 1 , 2018). Other Permanent Secretaries that gave the suggestion at that were Prince Festus Adesanoye, who later became the Osemawe of Ondo in Ondo state, Prince Solomon Akenzua, who later became the Oba of Benin, Alhaji Tatari Ali, Alhaji Ibrahim Damchida, Alhaji Ahmed Joda, Chief Phillip Asiodu, Alhaji AbdulAziz Atta, Mr. T. Eneli, Alhaji A. Mora, Mr. H.O. Omenai, Alhaji Sule Kolo, Mr. S.S. Waniko, Chief S. O. Williams, Chief G.E. Ige, Alhaji Musa Daggash, Chief Edwin Ogbu, Chief A.I. Obiyan, Chief C. O. Lawson, Chief T.O. Akindele, Chief V. Adegoroye, Alhaji Liman Ciroma, Chief J.T. Iyalla, Chief B.N. Okagbue, Chief Ime Ebong, Chief Gray Eromosele Longe, Chief J.A. Adeyeye, Biliaminu Oladiran Kassim, Alhaji Umaru Sanda Ndayako, Alhaji Shehu Musa, M. A. Ejueyitchie and others.
Reflecting on the creation of states before he died, Chief Ayida wrote “I was the chairman of the Committee of Federal Permanent Secretaries that submitted the list of criteria to be used for the creation of states to General Gowon. He deleted from the list the reference to ‘linguistic principles’. The exclusion of the ‘linguistic principles’ is crucial because the twelve states structure established by Decree by General Gowon would have been significantly different if linguistic affinity were one of the criteria used. General Gowon’s argument was that the application of the principle would have led to absurdities in many parts of the country notably the Benue-Plateau area and the Bendel State. Besides, it would have meant increasing the size of, rather than splitting, the former Western (Yoruba) Region and what became the East Central (lbo) State. The subsequent adjustment to nineteen states would ipso facto, have yielded different result under the late General Murtala Muhammed who personally opted for twenty-four states, with twelve in the South with the restoration of the former Federal Territory of Lagos, and the rest of Lagos merged with Ogun State excluding a new Ijebu State.
The establishment of the new Cross River State was a foregone conclusion as recommended by the Irikefe Panel, whose report was never published because what some communities said of others are unprintable, especially if they have to continue to live together as neighbours in one state in one Nigeria. The powerful lobby of the new state from Calabar over-played its card by insisting that if its capital were not retained in Calabar but moved to Ikom as proposed by lrikefe, they would rather not have a new Calabar State. Their wishes were endorsed twice by the Supreme Military Council by a majority decision after an unprecedented reconsideration the day after the first decision. The case for the new Calabar State was lost partly because the Katsina lobby had as an afterthought, decided that Kaduna State should be split if the Cross River State was split. Since the Kaduna case was not submitted to the Irikefe Panel, the ‘linkage effect’ was to kill the two initiatives to be resuscitated together at a later date.
It is harmattan madness to consider a 50 state structure for Nigeria unless words have lost their meaning but the current 19 is an accident of history. If it is to be adjusted, the upper limit should not exceed the Murtala Muhammed range of twenty-four states. We assume it is very difficult to reduce the number of Governors even for a military administration. We also assume that the states will not wither away nor will the structure of the state be abolished by a unification decree a second time. When we look again at the factors which influenced the decline and fall of individuals, of nations and empires in history and compare the excesses of some of the Nigerian leadership in our lifetime, one marvels at the goodness of the Almighty that Nigeria has survived to date. I am sure about what we have done right to keep the country going in the past but, to continue to survive, we have as a nation to satisfy the following necessary conditions: Equal opportunity for all citizens in education, employment and all matters relating to law enforcement (federal character should not be applied only where it is convenient or beneficial to the ruling class, neither should it be used as the pretext for enthroning mediocrity; when applied in good faith, it can bring the best from every part of the Federation, although the contrary seems to be the case from our recent history). Respect for Life and Property: Until the Governments and their agencies display sufficient respect for life and property, the individual citizen is being given a licence to kill and maim and deprive others of their rights to property and existence. This is one area where orderly society has collapsed and Nigerians have descended to the lowest ebb of human degradation.” There is no nation that can rise to greatness without observing elementary respect for human dignity in all we do.”
It was on this basis that General Yakubu Gowon promulgated the decree of 1967 titled STATES CREATION AND TRANSITION PROVISION. Let us take a look at the decree that created the states at that time.
THE FEDERAL MILITARY GOVERNMENT hereby decrees as follows: For section 1 (5) of the States (Creation and Transitional Provisions) Amendment, Decree 1967 there shall be substituted the following new subsections— of section 1 “(5) All existing law, that is to say, all law which, whether being a rule No. 14. of law or a provision of an Act of Parliament or of a Law made by the legislature of a Region or any other enactment or instrument whatsoever, which was in force in the Region out of which a State was created immediately before the commencement of this Decree, shall have effect in such State, subject to the modifications necessary to bring it into conformity with the provisions of this Decree. (6) For the purposes of subsection (5)-above “a Law made by the legislature of a Region” means in the case of Lagos State any enactment in force in the former Federal territory (not being an enactment of general application throughout the Federation) and a law of the legislature of former Western Nigeria in force in those parts of Western Nigeria now forming part of Lagos State by virtue of subsection (1) of this section and in the case of each of the other States law of the legislature of the Region out of which such State was created, including any enactment having effect as if it were enacted by the legislature of the Region.
For the avoidance of doubt any such law having effect as a law made by the legislature of the Region may be amended, repealed or otherwise dealt with in the prescribed manner as if it were an Edict enacted by the Military Governor or: Administrator of the State in question.”
For the avoidance of doubt the Decree enables a Military Governor or Administrator of a State to modify or, as the case may require, amend or alter certain enactments and laws having effect in a State as laws made by the Legislature of a former Region (not being enactments of general application throughout the Federation) as if they were Edicts enacted by the Military Governor or Administrator of a State.
THE FEDERAL MILITARY ‘GOVERNMENT hereby decrees as follows —1—(1) The Constitution of the Federation is hereby amended to the extent set out in Part A of the Schedule to this Decree. (2) The Constitution of the former Northern Nigeria as in force in the following States that is to say, the North-Western, North-Central, Kano, North-Eastern, Benue-Plateau and Kwara States, is hereby amended to the extent set out in Part B of the Schedule to this Decree. —
(3) The Constitution of the former Eastern Nigeria as in force in the South-Eastern and Rivers States is hereby amended to the extent set out in Part C of the Schedule to this Decree. (4) The Constitution of the former Eastern Nigeria as in force in the East-Central State is hereby amended to the extent set out in Part D of the Schedule to this Decree. (5) The Constitution of the Western State is hereby amended to the extent set out in Part E of the Schedule to this Decree. (6) The Constitution of the Mid-Western State is hereby amended to the extent set out in Part F of the Schedule to this Decree. (7) The Lagos State (Interim Provisions) Decree 1968 is hereby amended to the extent set out in Part G of the Schedule to this Decree.
(a) The existing section 97 shall be re-numbered as subsection (1) of that .section and immediately after the subsection as so re-numbered there shall be inserted the following new subsections “(2) There shall be a Secretary to the Federal Military Government who shall be the head of the public service of the Federation and whose office shall be an office in the public service of the Federation. (3) The Secretary to the Federal Military Government shall be appointed by the Head of the Federal Military Government. (4) The Secretary to the Federal Military Government shall be responsible for the co-ordination of all- activities of ministries and departments of the government of the Federation and for ensuring the efficiency of the functioning of the machinery of government. (6) Immediately after section 147 (2) there shall be inserted the following new subsection :— “(2a) The Commission shall not exercise any of its powers under subsection (1)of this section in respect of such offices of heads of divisions of ministries or departments of the government of the Federation as may from time to time be designated by an order made by the Head of the Federal Military Government except after consultation with the Secretary to the Federal Military Government.”
Part B – Section 1 (2)
Amendments of the Constitution of the former Northern Nigeria as in force in the North-Western, North-Central, Kano, North-Eastern, Benue-Plateau and Kwara States
(a) The existing section ‘44 shall be re-numbered as subsection(1) of that section and immediately after the subsection as so re-numbered there shall be inserted the following new subsections :— (2) There shall be a Secretary to the Military Government who shall be the head of the public service of the State and whose office shall be an office in the public service of the State. (3) The Secretary to the Military Government shall be appointed by the Military Governor. (4) The Secretary to the Military Government shall be responsible for the co-ordination of all activities of ministries and departments of the government of the State and for ensuring the efficiency of the functioning of the machinery of government.” — (b) Immediately after section 67 (2) there shall be inserted the following new subsection :— “(2a) The Commission shall not exercise any of ‘its powers, under subsection (1) of this section in respect of such offices of heads of divisions of ministries or departments of the government of the State as may from time to time be designated by an order made by the Military Governor except after consultation with the Secretary to the Military Government.”
Part C Section 1 (3)
Amendments of the Constitution of the former Eastern Region as in force in the South-Eastern and Rivers States .— (a) The existing section 44 shall be re-numbered as subsection(1) of that
section and immediately after the subsection.as so re-numbered there shall be inserted the following new subsections:— , (2) There shall be a Secretary to the Military Government who shall be the head of the public service of the State and whose office shall be an office in the public service of the State. (3) The Secretary to the Military Government shall be appointed by
the Military Governor. (4) The Secretary to the Military Government shall be responsible for
the co-ordination of all activities of ministries and departments of the government of the State and for ensuring the efficiency of the functioning of the machinery of government.”(6) Immediately after section 64 (2) there shall be inserted the following new subsection :—“(2a) The Commission shall not exercise any of its powers under subsection (1) of this section in respect of such offices of heads of divisions of ministries or departments of the government of the State as may from time to time be designated by an order made bythe Military Governor
except after consultation with the Secretary to the Military Government.”
Part D Section 1 (4)
Amendment of the Constitution of the former Eastern Region as in force in the East-Central State
(a) The existing section 44 shall be re-numbered as subsection(1) of that section and immediately after the subsection as so re-numbered there shall be inserted the following new subsections:—
(2) There shall be a. Secretary to the Military Government who shall be the head of the public service of the State and whose office shall be an office in the public service of the State.
(3) The Secretary to the Military Government shall be appointed by the Administrator.
(4) The Secretary to the Military Government shall be responsible for the co-ordination of all activities of ministries and departments of the government of the State and for ensuring the efficiency of the functioning of the machinery of government.”
(b) Immediately after section 64 (2) there shall be inserted the following new subsection :-— – ,
(2A) The Commission shall not exercise any of its: powers under subsection (1) of this section in respect of such offices of heads of divisions of ministries or departments of the government of the State as may from time to time be designated by an order made by the Administrator except
after consultation with the Secretary to the Military Government.”
Part E Section 1 (5)
Amendments of the Constitution of the Western State
(a) The existing section 42 shal be re-numbered as subsection (1) of that section and immediately after the subsection as so re-numbered there shall be inserted the following new subsections :—
“(2) There shall be a Secretary to the Military Government who shall be the head of the public service of the State and whose office shall be an Office in the public service of the State.
(3) The Secretary to the Military Government shall be appointed by the Military Governor.
(4) The Secretary to the Military Government shall be responsible for the co-ordination of all activities of ministries and departments of the government of the State and for ensuring the efficiency of the functioning of the machinery of government.”
(b) Immediately after section 63 (2) there shall be inserted the following new subsection :— .:
“(2A) The Commission shall not exercise any of its powers under subsection (1) of this section in respect of. such offices of heads of divisions -of ministries or departments of the government of the State as may from time to time be designated by an .order made by the Military Governor –
except after consultation with the Secretary to the Military Government.”
Part F Section 1 (6)
Amendments of the Constitution of the Mid-Western State
(a) The existing section 42 shall be re-numbered as subsection (1) of that section and immediately after the subsection as so re-numbered there shall be inserted the following new subsections: “(2) There shall be a Secretary to the Military Government who shall be the head ‘of the public service of the State and whose office shall be an office in the public service of the State. (3) The Secretary to the Military Government shall be appointed by the Military Governor. (4) The Secretary to the Military Government shall be responsible for the co-ordination of all activities of ministries and departments of the government of the State and for ensuring the efficiency of the functioning of the machinery of government.” (b) Immediately after section 62 (2) there shall be inserted the following new subsection :— (2A) The Commission shall not exercise any of its powers under subsection(1) of this section in respect of such offices of heads of divisions of ministries and departments of the government of the State as may from time to time be designated by an order made by the Military Governor except after consultation with the Secretary to the Military Government.”
Part G Section 1 (7)
Amendments of the Lagos State (Interim Provisions) Decree 1968 (a) Immediately after section 3 there shall be inserted the following new section :-—
3a.—_(1) There shall be a Secretary to the Military Government who shall be the head of the public service of the State and the Military whose office shall be an office in the public service of the State Government.(2) The Secretary to the. Military Government shall be appointed by the Military Governor. (3) The Secretary to the .Military Government shall be responsible for the co- ordination of all activities of ministries and departments of the government of the State and for ensuring the efficiency of the functioning of the machinery of government.”
– (6) Immediately after section 5 (3) there shall be inserted the following new subsection :—
“(3a) The Commission shall not exercise any of its powers under subsection (1) above in respect of such offices of heads of divisions of ministries or departments of the government of the State as may from time to time be designated by an order made by the Military Governor except after consultation with the Secretary to the Military Government.”
In his broadcast to the nation on May 27, 1967. General Gowon declared “to this end therefore I am promulgating a decree. I propose to act faithfully within the Political and Administrative Programme adopted by the Supreme Military Council and published last month. The world will recognize in these proposals our desire for justice and fair play for all sections of this country and to accommodate all genuine aspirations of the diverse people of this great country.
I have ordered the reimposition of the economic measures designed to safeguard federal interests until such a time as the Eastern Military Government abrogates its illegal edicts on revenue collection and the administration of the Federal Statutory Corporations based in the East.
The country has a long history of well articulated demands for states. The fears of minorities were explained in great detail and set out in the report of the Willink Commission appointed by the British in 1958. More recently there has been extensive discussion in Regional Consultative Committees and Leaders-of-Thought Conferences. Resolutions have been adopted demanding the creation of states in the North and in Lagos. Petitions from minority areas in the East which have been subjected to violent intimidation by the Eastern Military Government have been widely publicized. While the present circumstances regrettably do not allow for consultations
through plebiscites, I am satisfied that the creation of new states as the only possible basis for stability and equality is the overwhelming desire of vast majority of Nigerians. To ensure justice,
these states are being created simultaneously. To this end, therefore, I am promulgating a Decree which will divide the Federal republic into Twelve States. The twelve states will be six in the present Northern Region, three in the present Eastern Region, the Mid-West will remain as it is, the Colony Province of the Western Region and Lagos will form a new Lagos State and the Western Region will otherwise remain as it is.
I must emphasize at once that the Decree will provide for a States Delimitation Commission which will ensure that any divisions or towns not satisfied with the states in which they are initially grouped will obtain redress. But in this moment of serious National Emergency, the co-operation of all concerned is absolutely essential in order to avoid any unpleasant consequences.
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