IT is now consensually accepted by everyone, including the major beneficiaries that the Nigerian Structure/system is unjust, undemocratic, inept, tailor made for a small clique (consisting of all the leading criminal elements in Nigeria) to monopolise the communal resources to the detriment of the vast majority, therefore corrupt, decadent, unholy and backward. However, as is to be expected, the beneficiaries of the evil system who have sufficient awareness to realize that the structure is collapsing already are also quite vociferous about the need for another structure. The difference between them and the oppressed classes is that they merely want an opportunity to replicate the failed structure in areas they consider as their political enclaves. These enclaves consist of territories where by use of ill-gotten wealth they have over the years, through an unrelenting financial attack on the sensibilities of the people, entrenched themselves as political financiers (a.k.a. godfathers) and/or terror mongers.
The Nigerian masses, consisting of the largely marginalised middle class and the underclass, realise that the most important issue is the complete demolition of the current structure/system but largely have not properly been able to articulate a structure/system that will meet their yearnings and aspirations. In 1999 we in NAP had recognised that even some of those demanding for a Sovereign National Conference were more interested in the partitioning than the restructuring of Nigeria; hence our warning at this time. In our party manifesto “Signposts to the future”, re-published in 2002, we set out unambiguously our strategy for remedying the imbalances, injustices and oppressions so endemic in the Nigerian polity. We had already produced a draft constitution for the Federal Republic of Nigeria in 1999 on the basis of the said party manifesto which addressed the various issues this conference hopes to resolve. We shall not repeat our well articulated strategies and programmes contained in that document a copy of which is attached hereto for your ease of reference. That document is still very much relevant to the current exercise.
However, in this paper, we shall merely elucidate the major pillars of the NAP initiative as follows:
Federal structure
The federal system of agglomeration of sovereign peoples and/or interests in its modern form is a product of the Social Contract Theory whereby certain inalienable rights and privileges are arrogated to the individual members of a society and the Social Contract between them represents the attempt to protect those rights from being abrogated or impeded by the Institutions of state created to enhance the enjoyment of life by these members. In the United States of America we see how this system has been used mainly for safeguarding economic rights already held by the constituent States before agglomeration/unification. In Canada and Switzerland cultural interests are also instigative of the Federal structure utilized. In Nigeria it was quite clear, even to the colonial admnistrations that Federalism if not confederalism (a looser federal arrangement) was the only way that the diverse cultural, ethnic and territorial interests prevalent in the “geographic expression” could be validly agglomerated as a State unit under the relevant principles of International law then in operation particularly the revolutionary principle of “self determination of ethnic nationalities”.
Why Nigeria is not a proper federation yet
Federalism therefore operates naturally to enhance the sovereignty of the members of a society and to ensure that they represent the power base of the state/country they form in respect of the territory they inhabit. It should not therefore be surprising that a neo-colonialist policy designed to maintain the power base of a State in its former colonial masters would be reluctant to establish a full-fledged federal state and would create an artificial regional structure that defies the right of the diverse peoples and cultures to self determination. The Nigerian Federal Structure was therefore defective from the beginning in that sense. Yet that defective structure was incomparable with the structure the successive military dictatorships in the country eventually foisted upon its peoples. The military dictators needed to arrogate to themselves the position of the power base of the State and therefore it was only natural that the existing Federal structure, even though but marginal, would be a target of their attack.
Currently, Nigeria operates a unitary system whereby whoever is in charge of the central government effectively becomes the power base for the entire state and can therefore decide the fate of any office holder in any part of the country. Thus Chief Obasanjo, erstwhile Military Dictator and currently usurper President, has effectively ousted two Governors perceived as hostile to him and suspended one for a period until he again towed the line. It is this totalitarian control that builds the illusions of grandeur in mediocre African leaders such as Obasanjo which makes him believe that unless he continues to hold power indefinitely, the country will cease to exist. True federalism is the answer to this “Bigmanism” factor which often leaves African States run by these unpopular mediocres at the mercy of predator foreign States.
In Nigeria what would represent true Federalism would be the result of NAP’s “devolution of powers economic policy” which transcends mere resource control to return of power back to the constituent members of the Nigerian State thus creating a structure in which the power base is again the people and not the institutions of the State or their operators. Without this deliberate “holistic policy” mere regionalisation would only result in a partitioning of Nigeria into enclaves for the same oppressors (now regional despots) to wield power to the detriment of the people of their regions. We already see samples at State level even now. Therefore, although we advocate a 6 region structure for the federating units in order to ensure feasibility of the Federating units at the initial stage, this does not foreclose the possibility of enlarging to a maximum of 9 regions as the structure results in economic growth.
DEVOLUTION OF POLITICAL POWERS:
Each of the regions will have States and Local Governments,operating minimal structures, as the main legislative organ in the region becomes the Regional Assembly, a unicameral body from which the prime minister and his cabinet emerge. The Governors of the States merely implement the laws passed in the Regional Assembly whilst the local Governments operate as mayoralties.
The Prime Minister of each region will be the Chief Executive Officer of each Region. The Regional government shall include an independent Regional Judiciary and judicial system headed by Regional Chief Justice with charge over all Superior Courts of record within the region including the High Courts and the Regional Court of Appeal (the highest Court within the Region). The States shall only establish the equivalent of Magistrate Courts.
The Regional Government shall have control over education, agriculture, natural resources, Regional law enforcement, taxes, health, lands and housing, labour relations, Energy and economic policy, Chieftaincy and cultural matters etc. The States within a Region shall form the Constituencies for the election of Members of the Regional Assembly (MRA) and each State shall produce four MRAs each. The Political party or Coalition of Political Parties with a majority of MRAs shall form the Executive arm of the Government of the Region.
The Federal Administration (i.e. the central government) will consist of an Independent Federal Judiciary consisting of the Federal Supreme Court (from which appeals from Regional Appeal Courts will lie), Federal High Courts with jurisdiction over matters relating to Federal Government revenue and the High Court of the Federal Capital Territory (The Chief Justice of the Federation shall head the Federal Judiciary); A compact Legislature (the Senate) also unicameral and an Executive led by a President electable by no less than two thirds of the votes cast in the election in all the Regions. The President shall be the Chief Executive Officer of the Federal Government.
The Federal Government shall have charge over Foreign Affairs and relations for the entire Federation, Federal Law Enforcement including drug law enforcement, Defence, Fiscal and monetary policy for the entire Federation, export and import taxes/duties and inspections, customs, immigration and the Federal Capital Territory.
The Regions shall form the constituencies for the election of Senators and each region shall produce 3 Senators each.
Each Region shall have control of natural resources within its territory whether onshore or offshore (within the continental shelf). The Federal Government shall control natural resources within the National Territorial Waters beyond the continental shelf.
Each Region shall be obliged to pay Federal Revenue Tax to the Federal Government representing no less than 40 percent of the income from mining of natural resources within their territories, Agriculture and taxes. Failure to pay in any year at the time set by the Senate shall be sufficient ground for declaration of a state of emergency in such defaulting Region followed by the dissolution of its Assembly and the Government formed by it and its replacement by a Special Administatrator appointed by the Federal Government; all these only upon the recommendation of a resolution of the Senate supported by no less than four fifths of the votes of all members of the Senate.
Government and State policy at all levels shall be for the protection and maintenance of the rights of citizens to a minimum standard of living including free education at primary and secondary educational levels, Medicare or Medicaid, unemployment allowance, accommodation, and all the rights enshrined in the African Charter on Human and Peoples’ Rights . All these rights shall be enforceable against the government and any other transgressor.
Private prosecution for corruption against public office holders shall be allowed and no public Officer including the President, senators, Prime ministers and Governors shall have any immunity from prosecution for any crime committed before or during their tenure in office.
For purposes of prosecution of a public officer for corruption, guilt shall be sufficiently proved beyond reasonable doubt by production of evidence of assets owned directly or through proxies by the said public officer the value of which is shown to exceed the lawful income of such public officer.
There shall be no time limitation for bringing of charges against a public officer or former public officer for any crime committed whilst he held office whether or not under the operation of a constitution.
A verdict of guilt by a competent court or tribunal against any public officer for any felony shall automatically operate as an impeachment of that public officer from the office held or dismissal from such office as may be relevant.
In line with the trend in many socially responsible States it is necessary in view of the vast poverty and deprivation of the vast majority of Nigerians for government to embark on a socialist construction of the national economy. This means that production and services in the national economy should have significant participation by the State to ensure that everyone has access to basic amenities such as housing, energy, food, dignifying and comfortable public transportation, potable water and life sustaining environment.
NAP’s manifesto makes it clear that a NAP government would pursue these objectives unilaterally if necessary. However public private partnership models that would suit the Nigerian situation can be structured for the above purposes to ensure that an unwieldy government structure is not inadvertently created with attendant inefficiencies and inconsistencies.
A model that NAP might favour involves fully commercialized/privatised institutions which are privately managed but (by reason of strategic involvement of public funding) provide services or products at agreed low rates for persons fitting within certain eligibility criteria set by the Government.
This model could be used for public transportation such as metro/urban rail services, energy, telecommunications, water and accommodation.
NAP believes that issues of religion and ethnicity should be clearly made a “no-go-area” for governments at all levels. Therefore all laws and state policies whether implied or expressed that discriminate on the basis of religion or ethnicity must be made invalid and illegal by the constitution. No government at any level should be allowed to proceed with any policy for the implementation of any religious or ethnic law within its sphere of influence. These kinds of laws in a country like ours merely emphasise differences and encourage conflict on the basis of these differences. The sharia states are clear examples of polities in which two communities are created within one community: Muslims and “unbelievers”. The tension in those states is palpable. Religion/faith is personal and it is clearly a fact of history that religious codes do not necessarily enhance morality in its full ramifications. It is already immoral to spend public funds on such sectional matters.
Dual citizenship should be allowed by the constitution. In NAP we believe that Diaspora Nigerians already holding the citizenship of their host countries as well as their Nigerian passports have a role to play in the full emancipation of Nigeria. The prohibition of dual citizenship will result in a loss of this immense resource. Israel depends on Jews who maintain their ties to Israel even whilst being citizens of other countries. This also applies to Indians, Lebanese and many other nationalities.
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