By Mike Ozekhome

INTRODUCTION

For the past two weeks, we had to step down on this series to mourn the passing away of Dr. Christopher Ogbonnaya Onu, the first civilian Governor of old Abia State. We also felicitated with a prominent Nigerian- Chief Ayo Adebanjo who turned 96 on 10th of April. Having in our last installment looked at the following sub themes: A brand new or an amended Constitution?; Re-working Nigeria’s Federal Structure through a new Constitution and the Nigerian experiment with Constitutional Democracy (the Colonial Era. We shall today, continue with an examination of Colonial constitution followed by suggestions for the way forward – specifically, convening a sovereign National Conference and the Imperative for a New Constitution. The latter focuses on the experiences of a selection of countries across the world, including Iraq, Kenya and South Africa. Read on.

THE NIGRERIAN EXPERIMENT WITH CONSTITUTIONAL DEMOCRACY

COLONIAL CONSTITUTIONS (Continues)

In the words of Olu Ariwoola, J.S.C., as he held in the case of UGBA v. SUSWAM (2014) All FWLR (Pt. 748) Page 825 @ 863, “The Constitution is the heart and soul of the people. That explains why the Constitution commences (with the word) ‘We the people…’ all provisions in the Constitution were put in by the accredited representatives of the people.”

Many Nigerians including most of the erudite constitutional law lawyers have expressed serious reservation about the process leading to the making of the 1999 Constitution and the resultant lack of popular acceptability occasioned by the process of its making. Again, Chief Rotimi Williams, SAN, a foremost Constitutional Law Lawyer described the 1999 Constitution as a “document that tells lie against itself.” Professor Itse Sagay, SAN, categorically described the Constitution as a “fraud.” The erudite constitutional law lawyer and a foremost Professor of Law, Professor Ben Nwabueze, SAN, described the Constitution as an “illogicality”. That the 1999 Constitution is a “Unitary Constitution for a Federal System of Government.”

The Constitution was described as a fraud and a document that lies against itself at a seminar on the new Constitution organized by the Nigerian Bar Association, Ikeja Branch, on the 18th of June, 2009, because the Constitution purportedly stated in its opening recital that “We the people of the Federal Republic of Nigeria having firmly and solemnly resolved… do hereby make, enact and give to ourselves the following Constitution.” Since the enactment of the 1999 Constitution, these pertinent questions have been asked repeatedly,
a. “where and when did that resolution take place’’?
b. “How did the people of the Federal Republic of Nigeria arrive at that firm and solid resolution purportedly expressed in the recital to the 1999 Constitution?

Everyone or perhaps almost everyone in the Nigeria today accepts the fact that the Nation is faced with series of structural and systemic challenges, a good number of which are the products of the inadequacies of the 1999 Constitution. It is no longer news that there has been over concentration of power at the centre to the detriment of the federating units. Indeed, over the years the centre has been grabbing and grabbing powers at the expense of the federating units. The long years of military adventure in governance has not helped the situation. For the sake of comparison, the ‘1954 Constitution donated 43 items to the center’ in the Exclusive Legislative List, ‘45 items in the 1960 and 1963 Independence and Republican Constitutions; 66 items in the 1979 Constitution’ and ‘68 items to the center in the 1999 Constitution’ as amended.

THE WAY FORWARD

It is worthy of note that since the 1999 Constitution came into force (The Constitution came into force on 29th May, 1999.), attempts have been made by previous administrations to remedy the situation. Two national (Constitutional) conferences have at different times been held unsuccessfully. The first was by the Obasanjo administration in 2005 tagged the National Political Reform Conference; (National Political Reform Conference, Abuja 2005 (VOLUME TWO; FEDERAL REPUBLIC OF NIGERIA) Paperback – January 1, 2005 by NPRC (Author) and the second was by the Jonathan administration in 2014, simply known as the 2014 National Conference. (The 2014 National Conference was inaugurated by the Nigerian President Dr. Goodluck Ebele Jonathan on 17 March 2014 in Abuja, Nigeria) I was a participant at both Conferences, including the Vision 2009 Conference. Attempts have also been made (and continue to be made) to amend the Constitution. Some of the amendments were successful and some unsuccessful. In 2017 alone, 32 new amendments to the Constitution were proposed by the Senate. Only 5 succeeded at the end of the day. Till date, there are still various Bills pending before the National Assembly for amendment to different provisions of the Constitution.

TWO OPTIONS ARE AVAILABLE

As a way forward, two options are available to us to remedy the defects of the 1999 Constitution. The first option is to continue to amend the Constitution relying on the amendment clause in the 1999 Constitution. This option has its own challenges because the military after handing down the Constitution made it so rigid to amend, to the extent that getting an amendment is almost as difficult as getting a new Constitution. Despite its obvious short comings, this option is ever more appealing to those at the corridors of power because it gives them room to manipulate and promote their selfish interests. No party in power wants to hear about the idea of a new Constitution because they are afraid of losing their existing positions. For instance, the number one item on the APC manifesto was the convocation of a Sovereign National Conference to fashion a new Constitution for Nigeria; but since they came to power, they have resisted every discussion on that.

The second option is to jettison the Constitution completely in favour of a new one. I am more in agreement with this option. In his book ‘Forms of Constitution Making and Theories of Democracy’ (See A. Arato, ‘Forms of Constitution Making and Theories of Democracy’ (1995–96) 17 Cardozo Law Review 191, 194.), Andrew Arato identified five different mechanisms of making a new Constitution in modern times: they are (1) through the Constitutional convention, (2) the sovereign constituent assembly, (3) the normal legislature, (4) the executive, and (5) an evolutionary process.

On his own part, Schmitt, C, in his book ‘Constitutional Theory, (See Schmitt, C, Constitutional Theory, trans Seitzer, Jeffrey (Duke University Press, Durham, NC, 2008) 94 Cross RefGoogle Scholar), insists that for the Constitutional-making process to be considered to be fully democratic, it must pass through five stages. According to him, all previously constituted authorities must first be dissolved, followed by a popularly elected or acclaimed assembly with a sovereign power. The assembly then begins to function as the government on a provisional basis. Next, a new Constitution is drafted and offered to the people to be ratified in a national, popular referendum. As soon as the draft Constitution is finally ratified, the constituent assembly will be dissolved and a new government will be duly formed under the new Constitution.

A SOVEREIGN NATIONAL CONFERENCE?

We believe that this is what is borne in mind by those calling for a Sovereign National Conference (SNC). It is understandable why this call is loudest among those in the opposition, while those in power tends to turn a deaf ear to it, because if this is implemented, they are going to lose their positions.

The truth of the matter is that if Nigeria truly wants to continue to be one indivisible entity and silence the various agitations for self-determination, it cannot shy away from the Sovereign National Conference. There is no amount of amendment of the present Constitution that can truly address the discontent and mutual distrust between the various ethnic nationalities. There must be an avenue where the people can meet and freely decide the way they want to stay together in a nation and be governed. Call it a Sovereign National Conference, Constitutional Conference, Constituent Assembly or simply National Conference, but the body must have the full power (sovereign power) to enact a new Constitution which can only be ratified by the people in a national referendum, devoid of any interference by any governmental authority. This is the only way we can stop running in a circle as a nation.

THE DIRE NEED FOR A NEW CONSTITUTION

Nigeria needs a new people-driven Constitution. It is not rocket sign. It has been done before.

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

IRAQ

THE CONSTITUTION OF IRAQ AND REFERENDUM

The first Monarchial Constitution of the Republic of Iraq came into force in 1925 and existed till the 1958 Revolution which established a Republic.

The current Constitution was adopted on September 18, 2005, by the Transitional National Assembly of Iraq, and confirmed by a constitutional referendum, held on October 15, 2005.It was published on December 28, 2005, in the Official Gazette of Iraq (No. 4012), in Arabic original, and thus came into force.

KENYA

There were three versions of the Kenya Constitution; with the most recent being the 2010 redraft. This replaced the 1963 Independence Constitution. This version of 2010 was presented to the Attorney-General of Kenya on 7th April, 2010, officially published on 6th May, 2010, and was subjected to Referendum of the Kenya people on 4th August, 2010. It was voted for and approved by 67% of Kenya citizens. It was then promulgated on 27th August, 2010.

SOUTH AFRICA

THE SOUTH AFRICA CONSTITUTION AND THE PEOPLE’S PARTICIPATION

After the elections of 1994, the new Parliament – working as the Constitutional Assembly (CA) – began writing the final Constitution of South Africa. On May 8, 1996, the Constitutional Assembly completed two years of work on a draft of a final Constitution, replaced the interim Constitution of 1993 by the year 1999.
The objective to submit the draft to the Constitution court was to ensure that the final Constitution was legitimate, credible and accepted by all South Africans. The process of drafting involved many South Africans in the largest public participation programme ever carried out. Nearly two years later, representatives of political parties negotiated the formulations contained in the final draft and ignited an integration of ideas from ordinary citizens, civil society and political parties represented in and outside of the Constitutional Assembly. The Constitution therefore represents the collective wisdom and will of the South African people because it was arrived at by general agreement and consent of all South Africans. (To be continued).

THOUGHT FOR WEEK

“We are fast approaching the stage of the ultimate inversion: the stage where the government is free to do anything it pleases, while the citizens may act only by permission; which is the stage of the darkest periods of human history, the stage of rule by brute force”. (Ayn Rand).

LAST LINE

God bless my numerous global readers for always keeping faith with the Sunday Sermon on the Mount of the Nigerian Project, by humble me, Prof Mike Ozekhome, SAN, CON, OFR, FCIArb., LL.M, Ph.D, LL.D, D.Litt, D.Sc. kindly, come with me to next week’s exciting dissertation.

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

By Mike Ozekhome

INTRODUCTION

In the last episode of the piece, we posed the question: “Have we always been doomed” “We answered it by highlighting some notable achievements by eminent Nigerians. We then considered the notion of Nigeria as a failed state where insecurity reigns supreme. This is continued in this week’s episode, after which we lament the spectacle of a prostrate government followed by suggested panaceas including practicing true fiscal federalism. Read on.

INSECURITY REIGNS SUPREME (Continues)

Even in Uwheru, Oreba, Ovwor, Onicha-Olona and Abraka in Delta State; to Okpanku, Ozzala, UkpabiNimbo, Ngwoko, Ebor, Umuome, Ugwuijoro and Ugwuachara in Enugu State, the story is the same: gory and hideous blood-letting and festival of blood. The greatest worry of it all is that these killers are not ghosts or apparitions. They are known. They even come out openly, thump their chests, confess and own up to their criminal acts. The Herdsmen umbrella, Miyetti-Allah, claimed the blood-chilling murder of over 200 Plateau citizens was because 300 of its cows were rustled. It boasted that no one could have expected peace without retaliation, under such circumstances. The same group has, over time, infamously given various reasons for its herdsmen’s killings: Nimbo massacre, Enugu State (deadly attack): “we killed because they stole our cows”. Benue State (several progroms): “we killed because of anti-grazing law”. Taraba State (several): “we killed because they blocked our grazing routes”. Adamawa State (many Communities): “we killed because they broke our cow’s leg”. Zamfara State: “we killed because the farmers said we were grazing on their farm lands”. Haba!

A PROSTRATE GOVERNMENT

For over seven years, there were no arrests, no prosecution, no arraignment, no convictions. Rather, some five Christians were arrested in Adamawa, tried and sentenced to death by hanging, for allegedly killing one Fulani herdsman. Some lives are now more precious than others. Rather than kill cow for meal to celebrate occasions, as we know it, we now kill human beings to celebrate cows. The government not only looks the other way, but actually condones the heartless cold-blooded slaughter. Nigeria cannot continue like this. The federal government must rise up to the occasion, draft military personnel to these volatile areas and wash its hands off, like Pontius Pilate, of compromise, condonation, aiding and abetting, of this national horror. The saddest and deepest of all the national cuts and travesty of justice is that there is no one to complain to. The president himself, the very C–in–C, who had promised to lead from the front during his campaigns in 2015, wrings his hands in utter helplessness, and moans (like any of us): “There is nothing I can do to help the situation except to pray to God to help us out of the security challenges.”

Interpretation: “I am helpless; Be prepared to take what you get”. But, the Holy Bible tells us that “God helps those who help themselves” (Hezekiah 6:1). In 2 Thessalonians 3:10, we are admonished that “the one who is unwilling to work shall not eat”. In the Holy Quran, it is, “Allah helps those who help themselves” 13:11; (Tafsir of Chapter 022 verse 40). Is the president being fed the true and genuine situation of horrific and grisly events across Nigeria? Can he, when virtually all his security apparatchik consists of nepotic and cronystic appointees from his ethnic and religious groups only: Minister of Defence, Minister of Interior, Chief of Army Staff, Chief of Air Staff, IGP, DSS, EFCC, Immigration, Customs, NSCDC, Prisons, NSA, C of S, etc, etc? Are we in the Fulani Republic of Nigeria, or Republic of Northern Nigeria?

The non-prosecution of these marauding herdsmen has emboldened them to commit more crimes. Daily carnage and spilling of innocent blood have become the norm. Nigerians now appear unshockable. Many lamentably try to justify this modern day genocide with partisan political interpretations, pretending all is well.

Meanwhile, Nigeria dies by installment. Most Nigerians have become more cowardly than ever before, afraid even of their own shadows. Nigerians should stand and speak up before we are all eclipsed in dismemberment. Reasonating voices appear suddenly mute. Where is the “Occupy Nigeria” group that vehemently protested against GEJ across Nigeria, especially in Lagos and Abuja. Even PMB had himself joined them. Where is General Yakubu Gowon and his praying Orchestral? Where is the voice of gap-toothed IBB? What of roving Ambassador, General Abdusallam Abubakar? Where is GEJ’s voice (even if he will be accused of partisanship, having lost the last elections)? Where are the human rights activists, emergency NGOs proprietors, CSOs, FBOs, etc? I cannot hear the voice of strong willed Ebitu Ukiwe? Where is respected Col. Dangiwa?
Why is everyone keeping silent when Nigeria is sliding towards totalitarianism, absolutism and even fascism? May God forbid “Ruandanization” of our already beleaguered contraption called Nigeria.

Perhaps, to prick government’s conscience on the daily butchery of innocent Nigerians in their homes and farms, and the consequential seizure and renaming of their ancestral communities, we should implement the recent suggestion of my good friend, Senator Shehu Sani. He said:“We need a graveyard in the three arms zone of Abuja so that victims of the mindless killings in the country can be buried close to the seat of power. Then the Executive, Legislators & the Judiciary can feel the pains of the helpless widows and orphans we failed to protect.” Nigerians are crying. There is lamentation in the land. There is gnashing of teeth. Melancholy, despondency, hopelessness and regrets stare people in the face. These times are frightening.

Public trust that had initially been ballooned to a myth and anchored on the dizzying height of change mantra and PMB’s much touted integrity, has since considerably dwindled to a near zero level. Hear the sorrowful dirge of a victim of the Plateau genocide, Paul Wyom Zakka: “They told us to go to the farms because they could not provide us with jobs. We went to the farms without knowing that our produce were meant to feed their cows. When the cows came, we stopped them from destroying our farm produce; Today, they kill us daily so their cows can feed.”Thomas Jefferson, American president from 1801 to 1809, once famously said:“Does the government fear us? Or do we fear the government? When governments fear the people, there is liberty. When the people fear the government, there is tyranny. The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.”

From the forgoing it can be seen that, in the words of Sulaimon Olanrewaju (lanresulaimon@yahoo.com), “Nigeria is a paradox; so wealthy, yet so poor; so endowed, yet so deprived. Nigeria makes more money than many countries of the world but is unfortunately ranked among the poorest because many Nigerians live below the poverty line as they earn less than two dollars a day. According to the Brookings Institution in a report, The Start of a New Poverty Narrative, Nigeria is now home to the highest number of people living in extreme poverty on the globe. Similarly, a United Nations report on Nigeria’s Common Country Analysis, says youth unemployment is 42 per cent, while the United Nations Education, Scientific and Cultural Organisation (UNESCO) puts the number of out of school children at over 10.5million. Infant mortality rate is 85.8 of 1000 live births, while the country has the highest rate of under-five mortality in the world. Malnutrition prevalence, according to the UN, ranges between approximately 46.9 per cent in the South West to 74.3 per cent in North West and North East.”

NIGERIA PANACEA VIDE TRUE FISCAL FEDERALISM

Before the 15th January, 1966 Military Coup led by Major Kaduna Nzeogwu Chukwuma from Okpanam, Nigeria operated true fiscal federalism amongst the then three regions-Western, Northern and Eastern Regions. They were later joined by the Midwest region which was excised out of Western region by popular Plebiscite and referendum on the 10th of August, 1963. The Architects of that federalist feat were Dr Dennis Osadebay (later Prime Minister); Oba Akenzua II; Dr Christopher Okojie; Justice Kessington Momoh, Chief James Otoboh, Chief Humphrey Omo-Osagie; Chief Festus Okotie-Eboh (Omimi Ejoh) abd Chief Jereton Mariere and Chief David Edebiri, the Esogban of Benin Kingdom.

Section 140 of the 1963 Republican Constitution which replicated section 134 of the 1960 Independence Constitution provided that 50% proceeds of royalty received by the Federation in respect of minerals extracted from a region, including any mining rents derived by the federation belonged to a Region. Effectively, this made the Regions which also had their separate regional Constitution (with a Federal one at the centre) to control their resources. Only 20% was paid to the Federation; and another 30% shared by all the Regions, including those that had already shared 50%.

In the Northern Region, Sir Ahmadu Bello, the Northern Premier who had sent his NPC Deputy (Sir Abubakar Tafawa Balewa) to the centre to be Prime Minister, preferring to govern his people, utilized the resources of Northern Nigeria. With the famous Kano groundnut pyramid, cotton, Hides and skin, the imperious by cerebral Sardauna, who had valiantly fought for, but failed to become the Sultan of Sokoto at 29, losing to Sultan Siddiq Abubakar III, who reigned for 50 years till 1988. The great grandson of Uthman Dan Fodio (of “Conscience is an open wound; only the truth can heal it” fame), built the Ahmadu Bello University (ABU) which stretched from Samaru, Zaria, to Funtua in the present day Katsina. He set up the Northern Nigeria Development Company (NNDC); built the Yankari Games Reserve; the Ahmadu Bello Stadium; and the Hamdala hotel, Kaduna.

In the Eastern Region, Dr Nnamdi Azikiwe (First Premier 1954-1959) and later Dr Michael Okpara, and his Governor, Dr Akanu Ibiom and others with Dr Mbonu Ojike embarked upon major organ on revolution; they built the Trans-Amadi Industrial Estates and Presidential hotels in Enugu and Portharcourt. They built the University of Enugu; the Obudu Cattle Ranch and Resort, the Eastern Nigeria Development Corporation (ENDC); Cement fatory at Nkalagu, breweries, textile Mills and Enugu Stadium. They could do this because they controlled their palm produce. This was time fiscal federalism at work.

To be continued…

THOUGHT FOR WEEK

“Good governance is one of the most important factors in economic growth and social well-being”. (Joe Lonsdale).