How to prevent Nigeria’s collapse (2)

LAST week, I commenced a discussion on what must be done to prevent the country from an impending doom, particularly in the light of the current state of insecurity ravaging the nation. I ended the edition by noting that there has been a call by many stakeholders for restructuring and the enactment of a new constitution, particularly one which bears semblance to the 1963 Constitution, with modifications to conform to current realities.

The call for a new constitution

Between 1960 and 1966, Nigeria’s governmental system under the 1960 Independence Constitution and 1963 Republican Constitution birthed federalism in which governmental powers were shared between the central government and component regions – East, North, West and Mid-West. In reality, the four regions were constitutionally more powerful than the central government that was limited to less and specific exclusive legislative powers. Undoubtedly, Nigeria witnessed its greatest and fastest economic, political, social and educational development under the regional system of government. Each of the regions was largely autonomous and could legislate over a number of items which have, today, been taken over by the Federal Government. It was during this period that each region began its own regional developmental efforts and the period occasioned mutual, healthy rivalries to compete for development.

Some of the developmental projects witnessed by the Western Region during this time included the Western Nigeria Broadcasting Corporation, now known as the Nigerian Television Authority – the first in Africa. Others were the Cocoa House, the University of Ife, the Western Nigerian Development Corporation, Western Nigerian Marketing Board, the National Bank of Nigeria, the Liberty Stadium, among others. Conversely, the government of the Eastern Region established the University of Nsukka, as well as the Eastern Nigeria Development Corporation. In the North, developmental projects included the Northern Nigeria Development Corporation, the Ahmadu Bello University, the Bank of the North and the famous groundnut pyramids of Kano.

The current structural arrangement on which Nigeria is built and administered has both political and economic deformities. Politically, Nigeria’s federal system is more unitary than federal; it is unbalanced and unsustainable. Power is over-concentrated at the centre at the expense of the other two levels of government (state and local government). Second, the 1999 constitution upon which the country is presently running is basically a military, unitary and imperfect constitution which does not have much bearing to the will or wish of the people. Third, there is also the lack of social justice or the rule of law. The tussle for power is not motivated by service, but rather by self-accumulation of wealth and greed by the elites. In economic terms, production is what drives conventional capitalism. In the case of Nigeria, politics, corruption, political patronage and unproductive consumption are the driving forces of our economic system. As summarily noted by Nsongurua Udombana, LL.D, “the 1999 Constitution has the imprint of authoritarianism written all over it, with no consideration to the genuine desires of the Nigerian people. There was not even the civility of a Constituent Assembly, let alone a referendum, thereby making the “We the people” in the preamble a lie and fraud. It is an illegitimate document and will remain so notwithstanding the number of amendments, though it may make for a good POL 101 Course on ‘The Making of an Undemocratic Constitution”

While it is indeed true that no set of rules, including the Constitution of a nation, is etched in stone and incapable of amendments to conform to present realities, the peculiarity of the 1999 Constitution is inherent in the fact that it was not borne as a product of the will of the Nigerian people, but rather foisted by the military government as a flagship rulebook for Nigeria’s venture into democratic governance. The sour implication, therefore, is that no extent of amendment, however good-intentioned, can impose the legitimacy and massive acceptability which any Constitution desperately needs. As it is, the 1999 Constitution is not people-centric and therefore does not reflect the ethno-cultural and socio-political diversities woven into the fabric of Nigeria’s existence.

None of the previous amendments to the 1999 Constitution have conferred any wide acceptance to it nor given the component units in Nigeria the satisfaction they expect. However, the Independence and Republican Constitutions of 1960 and 1963, respectively, best suited the ideals of the Nigerian people in the face of the British marriage of convenience. Knowing that Nigeria contains more than 250 ethnic nationalities with different cultures, languages, religions and customs, Nigeria’s founding fathers, after sitting together in Lancaster House in London for almost 10 years, fashioned out a constitution that united the different ethnic nationalities. This was one of the main reasons why both the 1960 Independence Constitution and 1963 Republican Constitution worked well before the military made a forceful incursion in governance following the military coup of January 15, 1966

The way forward: The summit of hope

For the longest part of Nigeria’s political history, the clamour for constitutional reviews, amendments, conferences, national question, restructuring, among others, have partly dominated the public discourse. The nation’s political atmosphere also remains heated from time to time with elections, military interventions and transitions, opposition parties, marginalised politicians, members of the public, geo-regional confrontations, ethnic and religious diversities, and more recently, the spate of insecurity seemingly enveloping the nation. Despite all these, the subject of restructuring is, more-often-than-not, enveloped in fear, anxiety, hope and despair, and surprisingly, deliberate misconception. Nevertheless, the benefits which restructuring Nigeria will confer on the respective geo-regional entities far outweighs the uncertainties associated with departing from the present structure.

On 4th May, 2021, the Ado Ekiti branch of the Nigerian Bar Association organised the 10th Edition of the Aare Afe Babalola annual public lecture. This lecture was put in place by the said association as a mark of honour to me. On the occasion, in the course of my response, I spoke on the role of the lawyer as watch dogs for the maintenance of the rule of law. I also touched on the historical and constitutional history of Nigeria and recent challenges being faced Nigeria and Nigerians. I appealed for urgent steps to prevent Nigeria from drifting into anarchy and another civil war. To achieve this purpose, I announced a summit of leaders titled “Summit of Hope” which will discuss, suggest and take positive actions to prevent Nigeria from drifting into anarchy and another civil war. I have always said it that ideas rule the world. We all have ideas. It is not all of us that translate such ideas into reality.

It is only those who are able to translate their ideas into reality that make all the difference in the world. Therefore, in my quest for the convocation of this Summit, I appealed to the Chairman of the gathering, the Ooni of Ife, to get in touch with all living former Presidents of the country, Gen. Yakubu Gowon, Ph. D; Chief Olusegun Obasanjo, Chief Ernest Sonekan, Gen. Abdulsalami Abubakar and Dr. Goodluck Jonathan, the Royal Father of the day, HRM, the Ewi of Ado-Ekiti, Oba Rufus Adeyemo Aladesanmi III, His Imperial Majesty, the Alaafin of Oyo, Oba Lamidi Adeyemi III, the Obi of Onitsha, His Royal Majesty, Nnaemeka Alfred Ugochukwu Achebe, the Sultan of Sokoto, His Eminence Alhaji Muhammad Sa’ad Abubakar, Bishop David Oyedepo, Bishop Mathew Kukkah and Pastor Enoch Adeboye, Gen. T.Y. Danjuma, Asiwaju Bola Ahmed Tinubu, Prof. Wole Soyinka, Chief Ayo Adebanjo, Prof. Banji Akintoye, Dr. Kunle Olajide, Leader of Boko Haram, Miyeti Allah group, leader of IPOB; Iba Gani Adams, Chief Sunday Adeyemo, a.k.a. Sunday Igboho, representatives of the Arewa Consultative Forum, to get in touch with and invite two people from ASUU, NLC, NBA, ICAN, NSE, NUJ, NANS, CAN, NSCIA and other professional bodies, the chairman of the Nigerian Governors’ Forum and his deputy, the President of the Senate and his Deputy, the Speaker House of Representatives and his Deputy, Speakers of the States’ Houses of Assemblies, representatives of the Committee of Vice Chancellors on Nigerian Universities and representatives of proprietors of private universities. I believe the Summit of Hope will present a neutral ground for the stakeholders to discuss, suggest and take positive actions to prevent Nigeria from drifting into anarchy and another civil war.

AARE AFE BABALOLA, OFR, CON, SAN, LLD. D.Litt.

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