Sustainable Constitution

CONTINUED FROM LAST WEEK

Now, if these factors were ignored, and the multi-lingual principles were strictly applied, Lagos and the rest of Yoruba land should form one constituent State, since the indigenes of Lagos are a Yoruba tribe. But if this were done, the feelings of non-Yorub a Nigerians would be exacerbated, and their fears whether genuine or not would be magnified out of proportion. As a result, the peace and tranquility of the compact and extremely sensitive and alert Lagos community would be seriously disturbed. At the same time, however, it would be criminal folly of the worst type to continue to ignore the powerful social forces which are at work among the Yoruba inhabitants of Lagos (indigenous and non-indigenous alike), and their orientation towards their kith and kin in Western Nigeria.

Furthermore, because of the position of Lagos as a Federal Territory, indigenous Lagosians suffer grave constitutional disabilities which practically reduce them to the status of ‘second- class’ citizens. For example, while every Nigerian who lives in Lagos, unless he is an indigenous Lagosian, has an opportunity of seeking election to two legislative assemblies, and of serving on two Governments – those of the composite State, and of the constituent State from which he originates – an indigenous Lagosian can only seek election to the Parliament and serve on the Government of the composite State. Besides, experience has shown that even this single chance, as well as the opportunity to serve on the Lagos City Council, is recognized and protected only by the right-thinking members of the Yoruba national group to which he belongs.

In view of all that we have said, and specifically in order to protect the inalienable rights of the indigenous Lagosians in particular, to assuage the feelings of Yoruba people in general, and to allay the fears of non- Yoruba Nigerians, we strongly urge that the claim by the Yoruba for a merger of Lagos with Western Nigeria, and that by non- Yoruba Nigerians for Lagos to continue as a Federal Territory, should both be abandoned. And we propose that Lagos should be converted into a separate constituent State, instead.

A Lagos constituent State which is only conterminous with the present jurisdiction of the Lagos City Council will be as viable as any State in the world. But the future development and expansion of Lagos as a major Nigerian port, not to mention its importance as the Federal Capital, demand that, if possible, portions of the adjoining territory of Western Nigeria, such as Ajeromi District Council Area, and parts of Ikeja Division, should be merged with the L. C. C. area to form a Lagos constituent State.

As long as Lagos remains the capital of Nigeria, the Central Government must of a necessity have a special interest in the physical development of the Territory as well as in the kind of relationship which exists between it and the Authority in charge of the administration of Lagos. The problems which will thus arise should not be too difficult to solve. There are many successful precedents. Among them are Ottawa, Moscow, Bonn, and Belgrade.

It only remains for us to emphasize that in organizing Lagos together with Ajeromi District Council Area and parts of Ikeja Division into a new constituent State, 11 plebiscite should be conducted in the areas which it is proposed should be included in the said State.

SIXTH: The demand for the merger of the Yoruba tribes in lIorin and Kabba Divisions with the rest of Yoruba land is a long-standing one. Since they are Yoruba, they automatically belong to Western Nigeria under the multi-lingual principle. But the dominant Hausal Fulani of the Northern Region lay claim to these areas and the people therein, on the strength of their alleged military conquest some 146 years ago. The British, in pursuit of their selfish imperialist interests, recognized this spurious claim. But today, we do not think that any enlightened and intelligent member of the Hausai Fulani national group will insist on this preposterous, insulting, and false claim. In the circumstance, it is unnecessary to demonstrate the historical falsity, or the political injudiciousness, of the claim.

In keeping, however, with our third principle on the subject, a plebiscite should be held in the two divisions of Ilorin and Kabba to determine whether or not the people do truly desire to remain where they are, or to be merged with Western Nigeria.

We now come to the important issue of division of functions as between the composite and the constituent State. We are of the opinion that this should be done so as to vest:

(1) Certain specified powers exclusively in the Central Authority;

(2) Certain specified powers concurrently in the Central and Regional Authorities; and

(3) Residual powers exclusively in the Regional Authorities.

There are a few protagonists of a Unitary Constitution for Nigeria who are prepared to tolerate or even support a Federal Constitution, if the above order is reversed and residuary functions are vested exclusively in the Central Authority. As we have seen, Canada is a good precedent for this procedure. But, in this connection, we are in honesty bound to point out that some political analysts have reported that the Canadian arrangement has led to a lot of friction between the Central and Provincial Authorities, and that there is a clear tendency that the latter are winning, and waxing stronger at the expense of the Central Authority.

Be that as it may. Our considered view is that Nigeria should keep in step, in this matter, with the U.S.A., Australia, Switzerland, and such-like countries. Besides, on merit, it is more desirable and wiser to vest residuary functions in the constituent States. We have three reasons in support of this proposition.

Firstly, whilst by the exercise of reasonable prudence and foresight one could draw up a comprehensive list of subjects for the composite State, which will hold good for half a century or more hence, one would need the divine gift of prophecy to do the same in respect of a constituent State list of subjects. For instance, omissions were discovered in the Regional list of the Macpherson Constitution three months after its introduction. It took much longer than that time to supply the omissions.

CONTINUES NEXT WEEK

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