Nowhere else might be a better proof of the diffuse nature of reality than Nigeria at the moment. It is coping with massive insecurity crisis, threatening war with itself but also reviewing the constitution, amongst other things. In this presentation below, an active elder statesman, Engineer Mohammed Abba-Gana, gives us an idea of the kinds of ideas floated by participants in the process. He spoke in Bauchi, Bauchi State which is where the Northeast version of the Public Hearing by the National Assembly to receive memoranda to its Committee on the Review of Nigerian Constitution took place, May 26th – 27th, 2021.
- It has to be stated that no constitution of any country is a perfect document for eternity. Hence, the necessity to review or amend it from time to time. This is because we human beings are not perfect. Only God our Creator & Sustainer is perfect. Therefore, nothing human is so good that it cannot be improved upon.
- This is due to the fact that a lot of things change over passage of time. Just think of how new technologies, new inventions/discoveries/innovations in science, engineering, biotechnology, agricultural practice and medical practice, ICT, internet, artificial intelligence etc., have changed the world in the last fifty (50) years or so. In the next 50 years changes in workplaces and how we work, housing systems, transportation systems, new sources of energy, how new wealth and prosperity are created and distributed and even what we eat & drink may change. Therefore, it’s human and logical for any country’s constitution to be amended as human conditions and circumstances continuously change.
- It’s also important to point out that sometimes, the provisions of the constitutions may be good enough, but the problem comes from the attitude of the state actors who operate or work with the constitution. It’s like having a good car and good road but a very bad driver. The car would not last. Therefore, there is urgent need in our country for major changes in our attitude to politics, government, ethnicity, religion and business, so that governments at all levels truly work for the security and welfare of the people under their jurisdictions without leaving millions of our citizens behind as now happening.
- At this junction it’s important to state that restructuring as now discussed definitely means different things to different people. But for me, it’s really urgently needed political, institutional and economic reforms to ensure good, accountable & transparent government at all levels with rule of law, free press & freedom of citizens to hold & express their opinions with majority of Nigerians happy, secure, contented & having reasonable prosperity.
- As I do not know when I can get the opportunity to meet with our distinguished leaders here present, I would like to recommend what John Stuat Mill, the famous British philosopher & social reformer said about government actions & policies. He said the goodness of an action or policy is measured by the amount of happiness it produces in the large majority of the people living in a given jurisdiction. It means any action or policy that does not result in making large majority of people happy, secure & contented has not served the purpose of government.
- Now talking about constitutions, just like every human being is unique as shown by the biometric, so are each and every country of the world different from each other in respect of their constitution which are derived from their history, peculiarities or diversities, cultures & traditions, attitudes & values, levels of their political, social & economic development. So, countries make their constitutions to reflect and take care of such history, peculiarities and diversities, values & attitudes, need for political stability, need to ensure security and welfare of all citizens etc. This is the reason why every country’s constitution is a little different from others because of their special needs and well-known peculiarities. The saying that one’s mans meat is another man’s poison applies. Therefore, we in Nigeria must provide for our special needs like political stability, economic & industrial development, removing millions of people from severe poverty, massive improvement in our education & health care. Our basic laws must address pillars of our existence.
- In my memo to the Committee on National Dialogue saddled with preparations and in charge of 2014 National Constitutional Conference set up by former President Goodluck Jonathan, GCFR; I submitted that the spirit and brotherhood with which General Yakubu Gowon (rtd) GCFR, our former Head of State ended the unfortunate Biafran war by his famous declaration that there was no victor and no vanquished was not properly sustained by successive administrations except late President Shehu Shagari, GCFR. Just 9 years after the Biafran war ended, late President Shagari picked Alex Ekwueme as his Vice President and they won the general election. Late President Shagari also pardoned the Biafran leader Ojukwu. He was brought from exile with pomp and pageantry. He even contested the 1983 senatorial election. But he did not win because the NPP was more popular than NPN in the southeast at that time.
- The December 31st,1983 military coup which removed former President Shehu Shagari from office also slowed down the progressive and deliberate political integration of the Igbo ethnic group. Had the good example and attitude of Gen Yakubu Gowon (rtd) GCFR, former Head of State and late President Shehu Shagari GCFR, been continued by successive regimes or administrations, groups like IPOB and MASSOB would not have emerge to become irritations and subversive elements in our country.
- That was the idea and reason behind my recommending in my memo to the committee on national dialogue and the 2014 constitutional conference and also in my 2020 memo to the NASS committee on review of 1999 constitution the creation of only one more state for the southeast zone. This brings the final number of states to 37. Northwest zone has 7 States while all the other five zones have six states. There would be no reason to complain if such balance and fairness had been maintained. Young people from the southeast zone would continue to believe that they were deliberately discriminated against even after 50 years after the Biafran War ended. Also, there is need to create at least 100 more LGAs in some states from both the Northern & Southern parts to address some anomalies in the creation of LGAs in the country. All these must, of course, follow due constitutional processes and enjoy absolute national consensus.
- With 37 States and 874 LGAs structure and provision for rotation of the position of the President among the six geopolitical zones and rotation of the position of the Governor among the 3 Senatorial districts in every state, an enduring era of peace, unity, security, political stability and widespread prosperity and economic opportunities would surely begin.
- Since 1960, the North has produced 10 Heads of Government of Nigeria. And the South has produced 4. In the Northern part, after producing about 10 Heads of Government who ruled for more than 40 years, our lot has been pervasive and extreme poverty, widespread insecurity, poor education and health care, high unemployment, poor economic infrastructure/facilities etc.
- Therefore, we from the Northern part of Nigeria must look for leaders who will bring us real economic, social, industrial, agricultural and mineral resources development. This will guarantee us lasting peace, unity, security and prosperity for the largest majority of our people. All politics is about real development of the people. We in the North have been playing politics without development for too long. Just see what happened to Ajaokuta Steel Complex and Mambila Hydro Electric. For decades, they have remained ongoing. But we are grateful to God for the excellent efforts of our 1st Republic leaders. Our leader from the North also kept Nigeria one and united for generations to come and as guardian of all the black people of the world. And also, another leader from the North built Abuja, Nigeria’s capital city. Built Third Mainland Bridge in Lagos, built Shiroro Hydro Electric and other facilities. These two are Gen. Yakubu Gowon (rtd) GCFR and Gen Ibrahim Badamasi Babangida (rtd) GCFR. Constitution is after all to serve as a vehicle to achieve good governance for all the people of our country to live in peace, unity, security and prosperity.
- Finally, questions are being asked and critical voices raised about the integrity of the 1999 Constitution of the Federal Republic of Nigeria by some critics, politicians and elders. Their contention was that the constitution was imposed by the military.
- But some Nigerian highly respected legal luminaries like Chief Femi Falana, SAN and Hon. Mike Ahamba, SAN both said that the 1999 Nigerian Constitution was in fact 99% derived from the 1979 Constitution produced under the chairmanship of Chief Rotimi Williams, one of the greatest legal minds of Nigeria and Africa.
- I want to say that at the present level of our Nationhood, it’s really too late for us to wish away the Nigeria military’s involvement in government and their enormous contribution to the political, social, and economic development of Nigeria. They created first 12 States then 19, then 30 and finally 36 States of Nigeria. No ethnic group has, to my knowledge, rejected these states on the basis of being created by the military. The military again came up with far reaching local government reforms removing the powerful but unelected Emirs, Obas, Obis, Ezes, Chiefs etc. from local government administration and introduced elected chairmen and councilors. Now, there are 774 LGAs in Nigeria, all created by the military. No ethnic or interest group has rejected any of these 774 LGAs on the basis of being created by the military. The military has created and largely built the FCT Abuja. As far as I know, no ethnic or interest group has rejected it on the basis of being created by the military.
- Again, both at the federal and state levels, the military governments made thousands of top-level appointments, mostly civilians, into government ministries, departments and agencies. I am not sure if significant number of people had rejected such appointments on the basis of being offered by the military.
- And military governments in Nigeria both at the federal and state levels at various times had conducted diverse kinds of transactions involving billions of dollars. No country had refused doing business with Nigeria on the basis of being controlled by the military from time to time.
- For now we have duly elected members of NASS and the 36 State Houses of Assembly. And citizens from their constituencies have not recalled any of them for any reason for the time being. Therefore, it’s their constitutional duty to go ahead with ongoing amendment of 1999 Constitution.
- The states and LGAs, all created by the military, are still existing. No individual or group has gone to court to challenge their creation by the military through the instrumentality of decree which means the people’s acceptance of the military’s creation of states & LGAs by decree. Since no individuals or interest groups has made an issue of challenging the integrity of the 1999 constitution in court and gotten court ruling in their favor, we should all accept it and continue our amendment and move on.
- Therefore, Nigeria military’s past involvement in our governance processes have become part and parcel of our Nation’s history and their actions and signatures when they were in government must be accepted, having become dejure as well as de facto to all intents and purposes.
- Thank you for your attention and patience.
