The need for national political reform conference (1)

THERE have been calls to high heavens from different quarters for National Political Reform Conference. This is so because many believed that the 1999 Constitution bequeathed to us by the military does not adequately represent their interest and aspirations of over 200 tribes, ethnic groups in the geographical area christened Nigeria by Mrs. Lugard. To start with, it is important to examine the meaning of the word “country or “nation” in order to determine whether as presently constituted Nigeria is a country or a nation.

Meaning of the words “country” and “nation”

I wish to examine the legal concepts of two words “country” and “Nation” which are often misused and misapplied. According to Black’s Law Dictionary, Seventh Edition, a “Country” can mean:- A nation or political state. The territory of such a nation or state” The same dictionary defines “nation” as: “A large group of people having a common origin, language, and tradition and usually constituting a political entity.”

The highly authoritative text elucidates the concept further in the following words:

“The nearest we can get to a definition is to say that a nation is a group of people bound together by common history, common sentiment and traditions, and, usually (though not always, as, for example, Belgium or Switzerland) by common heritage. A state, on the other hand, is a society of men united under one government…..A single nation may be divided into several states, and conversely a single state may comprise several nations or parts of nations”.

The reasonable conclusion derivable from the above dictionary definitions is that a country is synonymous with statehood whereas a nation is distinct in that it emphasizes common origin, and continuity, same language, tradition and custom.

Nations in ancient and medieval history

Perhaps ancient history provides a veritable source of understanding of what was regarded as a nation in those days of yore. Examples of ancient Nations or states are Assyria, Babylonia, Egypt, Macedonia, Greece, Rome, Jews (later Israel) and Palestine. In those days, when a powerful nation conquered less powerful ones, the latter nation did not integrate the conquered territory into the conquering nation. They did not enjoy the same rights and obligations. The wisdom in this practice was to avoid undue “pollution” or “contamination”.

They were merely regarded as inferior part of the empire. A good example was the Roman Empire which extended over Mediterranean countries and beyond into the far East. The conquered countries were not regarded as Romans.

It is a fact of history that civilization suffered serious set back during the dark ages. But it is also true that we owe the present civilization for the role played by European nations starting from medieval era to the present time. the new nations like Portugal, Spain, Netherlands and England were clearly the architects of the present civilization.

Nations in contemporary history

Today, modern nations exist. Examples are England, Norway, Sweden, Denmark, Portugal, Greece, Holland, Belgium and Germany to mention a few. The interesting thing about these nations is that they maintained and are still maintaining their identity, culture, languages and common interest regardless of modernity and modernization.

Genesis of unions and federalism: American example

Often times, we in this country refer to the United States of America as our model federation but most of us never bothered to examine how America became a federation. Union of States or federation of states is a decent phenomenon having regard to recorded history. The Federation of America was the amalgamation of existing states which voluntarily yielded some of its powers of the Union for the benefit of the generality of the union. As essential element of the federation is that the Union had no power over the states in matters not specifically yielded by the state to the Union. America i.e. United States of America was a vast area of land sparsely populated by Indians.  After Cabots Voyage 1497 and 1504, England claimed the whole land in North America including what is now known as USA.

Later, some Europeans mainly England and Dutch embarked on perilous journeys across the Atlantic in the 17th Century to settle on the East Coast of America. The separate, distinct and sovereign states established by these new immigrants became prosperous. Originally these thirteen states, namely: Virginia (1607); New Jersey (1618); Massachusetts (1620); New Hampshire (1622); New York (1624); Maryland (1632); Connecticut (1633); Rhode Island (1636); Delaware (1638); Pennsylvania (1638); North Carolina (1650); South Carolina (1670); Georgia (1733) were British colonies paying various taxes, and duties to the British Government. The stern measures imposed by the British were resisted by the colonies. In the process, representatives of the colonies met to consider United measures against the British.

The attitude of the colonies provoked the British. The British in turn adopted stern measures to enforce obedience to its authority, especially in Massachusetts. In 1774, the representatives of all the original colonies except Georgia attended a meeting in Philadelphia to consider united action against the measures. This gathering, known as the first Continental Congress, adopted a declaration of right and grievances and called for halting trade with England unless the grievances were redressed. The declaration did not mention independence. In 1775 armed clashes occurred between British troops and colonial volunteers, or minutemen, starting with the battles of Lexington and Concord. These clashes in Massachusetts proved to be the start of the America Revolution.  Not until 1776, however, was the goal of independence proclaimed in the Declaration of Independence by Thomas Jefferson.

The war, in which France helped the revolutionary forced under General George Washington, went on for five more years of active fighting. By the Treaty of Paris in 1783, Great Britain recognized the independence of the new United States of America. At the beginning of the Revolution each colony had its own government and each sent representatives to the Continental Congress, which served as a sort of central government. An agreement known as a the Articles of Confederation provided for the first permanent central government of the United States. Under the Articles, which went into effect in 1781, each states was recognized as being sovereign. However, the Articles provided for a permanent union – a league of states – with Congress authorized to act for its in specified matters.

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The first attempt by the colonies at a written national constitution resulted in the Article of Confederation, which became effective in 1781. Under the Articles of confederation, however, there was no executive and the legislature was weak. Congress could not levy taxes or enforce its laws. Between 1776 and September 17, 1787 when the completed constitution was signed by 39 of the 42 delegates there were long and arduous debates and companions.

The constitution was finally adopted on June 21, 1788. The preamble reads: “Preamble: We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America”.

…to be continued

AARE AFE BABALOLA, OFR, CON, SAN, LL.D (Lond.)