By Mike Ozekhome

In the illustrious annals of Nigerian heritage, His Royal Majesty, Alfred Nnaemeka Achebe (Agbogidi), the Obi of Onitsha, stands as a paragon of wisdom, culture and progress, marking his 83rd year on mother Earth which is simultaneous with his 22nd year since ascending the throne. As the 21st Obi of Onitsha, his reign has been characterized not merely by the regal adornment of a crown, but by the profound stewardship of his ancestral legacy, imbued with grace and vigor. As we commemorate this dual celebration, we reflect on his profound influence both nationally and globally, showcasing a life dedicated to the welfare of his people and the enrichment of their futures.

Born into the revered Achebe family of Onitsha, Anambra State, on the 14th of May, 1941, His Majesty’s early years were distinguished by sheer brilliance and insatiable thirst for knowledge that propelled him from the banks of the River Niger to the prestigious halls of ivy league Stanford University and later, Columbia University, all in the United States of America. It was in these institutions that he developed a profound understanding of Chemistry and Business Administration skills that he would adeptly deploy in both his subsequent corporate roles and his royal duties.

After a remarkable stint in the United States of America, Obi Achebe returned to Nigeria amid the tumult of the then raging Nigeria-Biafra civil war, opting to serve his homeland rather than pursue personal goals abroad. His return marked the commencement of a distinguished tenure at Shell Petroleum Development Company of Nigeria, where he excelled in various capacities, shaping industry standards and fostering community relations until his ascension to the throne on the 14th of May, 2002.

Upon assuming the mantle of revered Obi of Onitsha, His Majesty immediately embarked on a transformative journey that interwove the threads of traditional values with the exigencies of contemporary governance. His leadership transcends the confines of administrative duties, evidencing a heartfelt commitment to the socio-economic development and upliftment of his community and his people at large. His roles as Chancellor of Ahmadu Bello University, Zaria (ABU), and as chairman of both Unilever Nigeria and International Breweries emphasizes his relentless pursuit of educational and economic empowerment for Nigerians.

His Royal Majesty’s commitment to peace and community engagements has had a spectacular positive impact on the society. Under his stewardship, Onitsha has witnessed a great renaissance of cultural pride, dignity and unity. His initiatives have skillfully bridged the gap between the old and the young, the rich and the poor; and the royals and the masses and proletarians. This has ensured that the ancient customs and traditions of Onitsha not only survive, but thrive amidst unpredictable global changes. His efforts in establishing peace and promoting dialogue have since earned him respect far beyond the borders of his kingdom to the nooks and crannies of Nigeria.

As we honour this remarkably handsome and highly travelled monarch of many parts, we do so with deep respect and sense of admiration for a first class traditional ruler whose life’s works epitomize the essence of wise leadership. The words of the legendary philosopher Plato resonate deeply when considering His Majesty’s reign: “The measure of a man is what he does with power.” Indeed, His Royal Majesty, Alfred Nnaemeka Achebe, Agbogidi, the Obi of Onitsha has wielded his power with a blend of majesty; profound benevolence and service, championing the cause of his people and leading with a vision steeped in tradition, yet forward-looking in scope.

In his 22 illustrious years on the throne, His Royal Majesty, Alfred Nnaemeka Achebe, Agbogidi, the Obi of Onitsha, has been a bastion of progress and stability for Onitsha. He has fostered a community in which traditional values are cherished, while innovation and progress are vigorously pursued. His Obiship has stood as a pillar of strength in times of turmoil; and a source of pride during periods of celebration and festivities.

The cultural festivals of Onitsha, especially the now globally recognized Ofala Festival, have flourished under his Majesty’s reign. These festivals, which he often personally oversees and leads, swaying majestically and magisterially with royal dance steps to the rhythm of traditional music are not only a showcase for the rich heritage of the Onitsha people, but also serve as a magnet for tourists from across the globe, enhancing the local economy and promoting cultural preservation. His dedication to these celebrations of Onitsha culture reflects his deep commitment to his roots and his earnest desire to share this rich cultural tapestry with the world.

As we celebrate the remarkable journey of His Royal Majesty, Obi Alfred Nnaemeka Achebe (Agbogidi), we acknowledge his profound contributions not just to Onitsha or Nigeria, but to the broader world at large. His life and legacy offer a blueprint for leadership that is rooted in wisdom, marked by a commitment to service, and aimed at the holistic development of his people. As King Solomon once put it most luminously, “Wisdom is better than weapons of war,”. Indeed, His Majesty’s reign has been a testament to the power of wisdom and wise leadership over conflict.

Happy Birthday, sartorial and luminous Agbogidi! May your reign be long. May your legacy continue to inspire and usher in greater prosperity and peace for the Onitsha people, Anambrarians and Nigerians at large. Long Live the King! Long live Obi Alfred Nnaemeka Achebe, the Agbogidi who twinkles like a million stars.

BY PROF MIKE A. A. OZEKHOME, SAN, CON, OFR, FCIArb, LL.M, Ph.D, LL.D, D.Litt, D.Sc, DA is a constitutional lawyer

By Mike Ozekhome

INTRODUCTION

In the last part of this treatise, we concluded our discussion of Colonial Constitutions, after which we considered our range of options on the way forward, including a Sovereign National Conference. We equally x-rayed the imperatives of a new Constitution taking into consideration the experiences of a number of countries (Iraq, Kenya and South Africa) in making of a people’s Constitution. Today, we shall continue our review of countries that adopted a new Constitution through referendum (Iran, Bangladesh, Morocco, Egypt, Eritrea, Tunisia and conclude with the American example. Please read on.

COUNTRIES THAT SUBJECTED THEIR NEW CONSTITUTIONS TO CITIZENS’ REFERENDUM TO GAIN THEIR PEOPLE’S LEGITIMACY AND CREDIBILITY (Continues).

IRAN

THE DECEMBER 1979 IRANIAN CONSTITUTIONAL REFERENDUM

A proposed new Constitution which would make Iran an Islamic Republic, introduce direct elections for the presidency, create a unicameral parliament and require any constitutional changes to go a referendum was proposed by the Iranian Government. To bring this about, a constitutional referendum was held in Iran on 2ndand 3rd December, 1979. The new Islamic constitution was approved by 99.5% of voters at the Referendum.

BANGLADESH

THE 1991 BANGLADESHI CONSTITUTIONAL REFERENDUM

A constitutional referendum was held in Bangladesh on 15th September, 1991. Voters were asked “Should or not the President assent to the Constitution (Twelfth Amendment) Bill, 1991 of the People’s Republic of Bangladesh?” The amendments altered the existing Constitution and reintroduced of Parliamentary system of government. It also abolished the position of Vice-President and provided that the President be elected by Parliament. 83.6% of Bangladeshis voted in the referendum, with a turnout of 35.2%.

MOROCCO

THE 2011 MOROCCAN CONSTITUTIONAL REFERENDUM

A referendum on constitutional reforms was held in Morocco on 1st July, 2011. It was called in response to a series of protests that spread across Morocco which had begun on 20th February, 2011, when over ten thousand Moroccans took to the streets in massive demonstrations demanding democratic reforms. A Commission was set up to draft proposals by June, 2011. A draft was released on 17th June, 2011, which brought about fundamental changes upon people’s referendum.

EGYPT

EGYPT’S NEW CONSTITUTION AND REFERENDUM

In October, 2012, the Egyptian Constituent Assembly announced that its first draft of a new Constitution and launched a public awareness campaign called “Know your Constitution”, to educate the public. On November 29, 2012, the Egyptian Constituent Assembly of finalized the drafting process of a new Egyptian Constitution. One week later, on December 8, 2012, Egyptian President Mohamed Morsi issued a new constitutional declaration announcing that the constitutional draft would be voted on in a national referendum.

In accordance with article 60 of the Transitional Constitutional Declaration of March 2011, a special Judicial Commission was formed to supervise the referendum process and monitor vote counting. The referendum took place in two rounds on two different dates: December 15 and 22, 2012. The majority of Egyptians thus voted in favour of the newly drafted Constitution in a popular National Referendum, a Constitution that brought about profound reforms.

ERITREA

CONSTITUTION MAKING IN ERITREA

The Eritrea’s Proclamation 55/1994 established a Constitutional Commission which organized popular participation in the process of a new Constitution.
The Commission members and more than four hundred specially trained teachers instructed the public on constitutional issues and related political and social questions using local vernaculars. The process took three years to solicit the views of a broad cross section of Eritreans. The participation of a majority of Eritreans gave the people a “sense of ownership of the Constitution”.

TUNISIA

CONSTITUTION OF TUNISIA

Tunisia’s first modern Constitution was the fundamental pact of 1857. This was followed by the Constitution of 1861, which was replaced in 1956, after the departure of French administrators in 1956. It was adopted on 1st June, 1959 and amended in 1999 and 2002, after the Tunisian Constitutional Referendum of 2002. Following the revolution and months of protests, a Constituent Assembly drafted a new Constitution in 2014, adopted on 26th January, 2014 after a referendum.

THE AMERICAN EXAMPLE OF A PEOPLE’S CONSTITUTION

As a great contrast to the 1999 Nigerian experience, when America became independent from Britain in 1776, it held a Constitutional Convention under the leadership of George Washington, between May 14 and September 17, 1776, in Philadelphia, Pennsylvania. 55 delegates represented the autonomous Confederates, with a view to creating a “more perfect union”. Broad outlines of a new union were proposed and hotly debated. This was how the American people achieved a federal system of Government, separation of powers among three branches of Government (Legislative, Executive and Judicial); bicameral, legislature; an Executive presidency; and Judicial Review. The Constitutional draft was signed by 39 of the 55 delegates on September 17, 1787; and thereafter released to the States and the American people to debate and ratify. It was this people’s Constitution that threw up great founders, such as George Washington (first president); Alexander Hamilton, James Madison and John Jay (the Federalists), Thomas Jefferson, etc.

The 1999 Constitutions lacks these. It is not autochthonous or indigenous Being imposed, it worsened the unitary nature of government, and concentrated enormous powers at the centre. While the 1979 Constitution had 67 items on the exclusive legislative list, and 12 items on the concurrent list, the 1999 Constitution increase this to 68 on the exclusive list, but retained only 12 items on the concurrent list. This indicates an unacceptable unbearably strong centre and very weak federating units.

OUR CONCLUSION

The unity, development and peaceful co-existence of Nigeria as a country are currently imperial. Our diversities in area of culture language, tribe, and religion, must be seen by all as a Dolly Parton’s Coat of Many Colours, blessing and not a curse, because variety they say, is the spice of life. Concerted effort must be put in place by formulation of policies and reforms that would help promote national integration and peaceful co-existence. However, one of the strategies that must be pursued to ensure a far-reaching national integration and peaceful co-existence are to create a meeting point that would ensure and enhance integration between one ethnic nationality or tribe and another. One of the ways by which this noble idea can be achieved is by putting up a strong advocacy and support for intertribal land interreligious marriage.

Philosophers, many say, have understood the world, but the problem is to change it. Albert Einsten’s dictum is apposite here: “we cannot solve our problems with the same thinking we used when we created them.”

Hippocrates, the father of medicine, once told us that desperate diseases requires desperate remedies. An economy based on oil and other depleting natural resources is fast becoming obsolete. The global economy is already in the 4th Industrial Revolution or digital age, dominated by Robotics, Artificial intelligence, Machine learning, Virtual reality, Augmented Reality and others. At the moment, Nigeria is largely bypassed and still grappling with the most basic aspects of the old economy. But given its geographic- demographic conundrum, Nigeria has to leapfrog the industrialization value chain or stagnate. Yet its institutions are those woven around the distribution and consumption of oil rents and the old economy. A system designed for consumption cannot be expected to become efficient for competition and production in the 21st century. Sadly, many people miss this point. As Professor Claude Ake once put it, Nigeria operates a disarticulate economy, where we produce what we don’t consume and consume what we don’t produce.

For a change since the military incursion into our body politics, let us sit down and craft a new Constitution that not only provides for a stable, equitable and just polity but even more so focuses on the incentive structure to usher a competitive and productive economy of the future.
Reforms at the meta-level would entail either embracing our discarded Prime Minister system of government or dismantling and recoupling several of the institutions that help or hinder us, including a serious re-examination of the 36 state structure as federating units vis-à-vis their fiscal/economic viability or their consolidation into six or more regions with economies of scale and higher investment rates; multiple vice-presidency representing respective regions other than the region of the president, each with supervising powers over certain ministries to ensure equitable representation at the federal cabinet (the Central Bank has four Deputy Governors for instance); principle of equality of regions; multivariate judicial systems with state/regional appellate courts up to regional supreme courts while the federal supreme court becomes the constitutional court— and this is to decongest the centralized system and guarantee speedy dispensation of justice; introduction of commercial courts for speedy resolution of commercial disputes; institution of merit and equal opportunity principle; etc. This will carry the majority along.

Devolution of functions between the central and federating states/regions should be guided by the principle of subsidiarity. According to the European Charter, subsidiarity means that: “Public responsibilities shall generally be exercised, in preference, by those authorities which are closest to the citizen. Allocation of the responsibility to another authority should weigh up the extent and nature of the task and requirements of efficiency and economy“. This principle is not observed in the 1999 Constitution. For a Constitution that proclaims a federal structure, the exclusive and concurrent lists constitute an atypical concentration of powers at the centre. Currently, the federal government is burdened with hundreds of parastatals and agencies trying to inefficiently micro manage the entire Nigeria, with the recurrent expenditure of the federal government exceeding total federal revenue. Every penny of capital spending by the Federal Government of Nigeria (FGN) is borrowed, and its fiscal position is precarious. Put starkly, not one kobo of oil money is invested in infrastructure by the FGN: it is all consumed by the obtuse federal bureaucracy. The federal government should loosen its hold on policing, electricity (power), railways, ports, aviation, business incorporation, taxation powers, regulatory functions, etc. This will generate the economy.

The greatest challenge is how to get some of the elite whose privileges are provided by the existing system to support its dismantling into a system that is potentially beneficial to ‘society’ but perhaps disproportionately harmful to their interests in the short term. In other words, we are faced with the same kind of conundrum as some western countries with their welfare system. Having designed and implemented it for generations, it has grown into an unsustainable octopus of inefficiency but reforming it is not easy. In the US, millions of voters are hooked to the feeding bottle and its government keeps postponing the day of reckoning by borrowing to keep the system alive (the US, with the global reserve currency can afford to borrow for a while from the rest of the world but Nigeria cannot). Everywhere, such a distributional system has acquired a huge and powerful constituency, and the political cost of dismantling and recoupling is not trivial. There is also an intergenerational issue involved. The present beneficiaries don’t care if the same benefits do not extend to the future generations: they just want to have their share and go, and let the future generations take care of themselves. Nigeria cannot continue to share the national cake without caring how it is baked. (To be continued).

THOUGHT FOR WEEK

“By common endeavor we can raise the country to a new greatness, while
a lack of unity will expose us to fresh calamities”. (Sardar Patel).

By Mike Ozekhome

This title of Michael Mann movie (released in 1992) and an earlier novel of the same name (released in 1826) is most apposite for our celebrant. As the title suggests, Chief Ayo Adebanjo is a member of the fast dwindling tribe of heroes. One of the very few last men standing. Yes, of a fast-depleting breed of nationalists and ideologues, committed and principled politicians who refuse to compromise or bend in tune with the latest fad – or the dictates of personal, parochial, ethnic or self-interest.

His likes are, indeed, very hard to find in today’s Nigeria – a country of never ending oddities. Little wonder the encomiums which have been poured (and continue to be showered) on him on the occasion of his 96th birthday a few days ago – on the 10th of April, to be precise. That makes him a nonagenarian. Accordingly, this is as good an occasion as any to take stock and reflect on a life less ordinary: the remarkable times of a man of the world, who both defined and was defined by it. Here is a man who stood up to be counted. Here is a man of rare courage – a man of principle. A man for all seasons.

Given all of these, does the man, Chief Ayo Adebanjo really need any introduction? What can be said about him that has not already been said – or, has he not said of himself in his biography “Tell It As It Is”?. What? Little, if anything, to be honest. Accordingly, I will only dwell briefly on Chief’s glittering past and illustrious antecedents. Chief Ayo Adebanjo made his earthly debut on the 10th of April, 1928, in Ijebu-Igbo, in the South-West of Nigeria. His early life showed the promise of what was to come when he slapped a British colonial officer reportedly for lacking in manners, retorting audaciously: “Is that how you say ‘good morning’ in your country?”. That singular act of courage (some might call it foolhardiness) and his refusal to apologize cost Chief his job in the colonial civil service; and this has defined him ever since.

Chief Adebanjo started life as a journalist with a regional newspaper before the lure of politics (his first love) beckoned. It was not difficult for him to pitch his camp with the foremost progressive politician of our time, Chief Obafemi Awolowo, under whose tutelage, Chief Adebanjo thrived and blossomed, becoming an effective grass-roots mobilizer. His political career was only interrupted by his legal studies in the UK, which he successfully completed, after which he was called to the English Bar in 1961. Back home in Nigeria, he continued his sojourn with Chief Awolowo – this time in the latter’s law firm.

Their relationship continued into the tumultuous politics of the First Republic, which saw both men face criminal trial for treason leading to the incarceration of Chief Awolowo. With such an ominous fate befalling his leader, Chief Adebanjo needed no prompting to seek refuge in Ghana. This was unfortunately short-lived, as the new military government in that country promptly rounded him and his co-exiles up and bundled them back to Nigeria. Fortunately for Chief Adebanjo, and other political prisoners in Nigeria, they benefitted from the magnanimity of the government of Gen. Yakubu Gowon which after seizing power in July, 1966, freed them

The onset of the 2nd Republic in 1978 saw Chief Adebanjo becoming part of the Constituent Assembly which ushered in democracy under a new Constitution in 1979. Once again, Chief Adebanjo found a natural platform under Chief Obafemi Awolowo and, together, they made a clean sweep of the seats they contested for in the South-West – including Lagos. Chief Adebanjo was an integral part of that success – something he repeated 20 years later, in 1999, under another progressive platform – this time without Chief Awolowo, who had transitioned to the Great Beyond in 1987.

In the intervening period, Chief Adebanjo has remained consistent in championing the cause of good governance, social justice, political restructuring and devolution of powers along the lines of the autonomy which the sub-national entities (the regions) had enjoyed in the First Republic. Even though his Yoruba ethnic base was Chief Adebanjo’s original platform, it would be uncharitable to say that he is an ethnic jingoist or tribalist. Far from it. Chief’s record has shown that he’s a detribalised Nigerian who does not hesitate to speak truth to power – no matter whose ox is gored – sometimes at great personal risk and cost.

This was amply demonstrated during the struggle to validate the results of the presidential elections held on June 12, 1993, which were annulled by the military government at the time – and more recently, the last presidential elections in 2023. The latter saw Chief Adebanjo (and the Pan-Yoruba pressure group which he leads, Afenifere) take the courageous position to back the Igbo candidate of the Labour Party, Peter Obi, against one of their own, incumbent President Bola Ahmed Tinubu. Many a commentator has since opined that this singular act might be counted among Chief Adebanjo’s greatest legacies. I agree.

Indeed, if there is one word which defines Chief Adebanjo, it is courage – raw courage; daring bravado. The kind that looks fear in the eye and does not blink. Courage in the face of adversity. Courage to speak his mind without mincing words: to tell it as it is (pun intended!). Little wonder, then, that Chief Adebanjo was and is always at home in the trenches. I recall one incident in 1998. General Abacha who had torpedoed the short-lived interim government of Ernest Shonekan, had released his goons to arrest and detain us at an anti-military campaign rally held in the Ajao, Surulere residence of Chief Supo Shonibare, a distinguished patriot and one of the leaders of the June 12 struggle. I led my Universal Defenders of Democracy (UDD). Present at the protest rally were Chief Gani Fawehinmi, our fearless leader in the struggle; Walter Carrington, the then American Ambassador to Nigeria; his wife, Arese (a Delta, Nigerian lady); Chief Ayo Adebanjo, the intrepid gadfly; Chief Ayo Opadokun, General Secretary of the National Democratic Coalition (NADECO); and other patriots and Nationalists who participated. I still have the picture taken of the brutal invasion of our peaceful rally made by fully armed military and Police personnel who insisted that the rally must break up. We refused and beat their tight security network by dispersing and secretly escaping. Unknown to them, we had used sign language to agree to meet at Chief Ayo Adebanjo’s then residence at Aguda, Surulere, Lagos. By the time they got wind of our plans and arrived at the new venue, we had concluded our successful rally. Those were the locust days that tried men’s souls.

Chief Adebanjo is at his best when he engages in one hot-button issue or the other – either discussing it enthusiastically or otherwise articulating it in his usual characteristic pugnacious way. No. Chief Adebanjo does not shy away from controversy. In fact, you could say that controversy is his second name. Many who have dared to lock horns with him have lived to regret it.

Only on 18th March, 2024, at the Patriots’ Colloquium organized in honour of late Prof Ben Nwabueze, Chief Adebanjo, in ringing baritone voice only perhaps matched by another living legend, Chief E.K. Clark, called for a new autochthonous people’s Constitution. He had maintained this position over the years. He is a consistent man – always as constant as the Northern Star. Perhaps, Emperor Julius Caesar had Chief Adebanjo in mind when he said, in “Julius Caesar”, by William Shakespare (Act III Scene i): “But I am constant as the northern star, Of whose true-fixed and resting quality There is no fellow in the firmament. The skies are painted with unnumbered sparks. They are all fire and every one doth shine, But there’s but one in all doth hold his place. So in the world.
‘Tis furnished well with men, And men are flesh and blood, and apprehensive, Yet in the number I do know but one That unassailable holds on his rank, Unshaked of motion. And that I am he Let me a little show it even in this That I was constant Cimber should be banished, And constant do remain to keep him So”.

Thus, he continues to be engaged even at an age when he is just 4 years shy of a century. His energy and stamina are truly amazing, something men young enough to be his grand-sons can only marvel at – which they can never dream of matching. What is his secret? Perhaps his genes (his father lived to be 105). But, part of it must surely be his Spartan, disciplined lifestyle, marked by a daily exercise regime which he has faithfully observed for as long as he cares to remember.

CONCLUSION

To say that Chief Ayo Adebanjo is one of Nigeria’s few surviving nationalists is to merely state the obvious. He has transcended his origins and regional roots to become, today, a National icon, a colossus of progressive, populist and people-oriented politics. He is a pan- Nigerian politician in the mould of the late Herbert Macaulay and Dr Nnamdi Azikiwe. Indeed, he follows rigidly, the footsteps of his mentor and leader, Chief Obafemi Awolowo, who was described by the irrepressible Chief Odumegwu Ojukwu as “the greatest president Nigeria ever had”. While both Awo, Ojukwu and other contemporaries of Chief Adebanjo have since transitioned to the great beyond, Adebanjo remains strong and stoically struggles on with all his faculties intact. He is truly one of the very last of the Mohicans – the last men standing. Here’s wishing and praying that he outlives his father and continues well beyond his 100 year anniversary in good health, fine cheer, and peace that passeth all understanding. All for the benefit of Nigeria and Nigerians. We desire to continue to drink from and draw from his inexhaustible wealth of experience, wisdom and sagacity and to keep being inspired by his life of courage and achievements. Many happy returns Chief! God bless you, papa.

PROF. MIKE OZEKHOME, SAN, CON, OFR, FCIArb, LL.M, Ph.D, LL.D, D.LITT, D.Sc. is a notable constitutional lawyer