Guardian Let’s have referendum on a new Constitution, says Babalola FRIDAY, 02 AUGUST 2013 00:00 ABIODUN FANORO FEATURES - POLICY & POLITICS Whether the powers that be would listen or not to wise counsels from patriotic Nigerians and genuine stakeholders in the struggle for a people-driven constitution is definitely another ball game. This however has not stopped this group of Nigerians, among whom is Chief Afe Babalola (SAN), a constitutional lawyer, with over 50 years in practice and an elder statesman who witnessed the good old days and the hope the 1960 independence offered, from crying out loud that the on-going constitutional amendment could only lead to a dimmer future for the country, unless the exercise is halted and a new and people-driven constitution is put in place. He spoke with ABIODUN FANORO on this and some other national issues. Why is Nigeria perpetually in crisis of constitution making? I happened to be one of the lucky Nigerians in England when Nigeria got independence in 1960. We had gone to England with the British Passport. While we were there, Nigeria became independent. This gave us the option either to retain our British Passport or to take the newly independent Nigerian Passport. We were all very proud of Nigeria. People,Whites and Blacks, looked at us with admiration and envy. In England then, there was unemployment, opportunities were few, the Nigerian currency was stronger. In the face of this reality, we asked ourselves, why do we want to stay in England when we had the new Promised Land that is Nigeria. That was why we opted for the Nigerian Passport. Prior to independence, our leaders, great men like late Chief Obafemi Awolowo or Nnamdi Azikiwe, Sir Ahmadu Bello etc had met several times at the historic Lancaster London, where they agreed on a constitution that would allow each component part of Nigeria to develop at its own rate. This implied that each of these recognized components would develop along its own culture, along its different value-system, along its distinct economic opportunities, its educational aspiration and its religious belief or value-system. The same constitution, which they arrived at, would allow these regions to develop along the line of their differences in a united polity called Nigeria. That was the genesis of the famous world “Unity in diversity.” Western Nigeria was the most advanced, educationally, economically and in other spheres of life. The region was lucky to have a great man like Awolowo. The region was forging ahead in every good thing and other regions were following. There was a healthy competition in terms of development to the extent that the World Bank reckoned that at the pace with (Nigeria) was moving, Nigeria, Brazil and India would soon catch up with the developed world. Indeed, Brazil and India had caught up; sadly Nigeria has remained at the starting point, because the military, which came shortly after independence, destroyed everything that was achieved immediately after independence. The foundation for development, which the independence constitution laid, was brutally destroyed. Since then, the country has been groping in the dark, the wheel of progress began by the Western Region and progressively followed by the remaining region has remained halted due to our failure to pattern our constitution along the line and culture of true federalism, which our independence leader after painstaking discussions, arrived at. Ever since, it has been one step forward three or more years backward. It is about 14 years that the military has vacated power for a democratic rule. Why have we not been able to put our house in order since? The easiest to do is to destroy while the most difficult thing to do is to build. Many years of destruction have led to a situation where all the ethnic-nations’ stakeholders would have to sit down to work out a constitution that would suit the country again. We have never had this opportunity again. The 1999 constitution was not made by Nigerians (ethnic nationalities). It was far different from the one our founding leaders bestowed on the country at independence. What they handed over to us was a true federal constitution, but the current one is nothing but a unitary constitution. One consequence of this defective 1999 constitution is the fact that it has impaired the development of the country, using the tool of regionalism or the component structures. Today, what you have is that the component states go to the Federal government in Abuja with Cap in hand to collect monthly allocation that are tragically too small for any meaningful development. Most of these states after paying salaries of workers as well as for other essentials have nothing left for any tangible development. Also, nothing is left to create as well as promote employment. That is why today, you have millions of unemployed youths roaming all our major towns and cities. Every year, several thousands of graduates – from tertiary institutions are added to these millions. This is apart from ethnic and religion related violence that spring up every day to threaten the corporate existence of the country. You see, we are sitting on a keg of gunpowder. We are not under a colonial rule, why is it then that our leaders cannot summon the courage, wear the banner of patriotism and take the bold and decisive step to right this wrong? Well, some people like Prof. Ben Nwabueze, former Lagos State Governor, Bola Ahmed Tinubu, late Chief Gani Fawehinmi have all joined me to advocate for a Sovereign National Conference. I am also aware that many ethnic-nationality groups as well as several civil society-groups, have at different occasions made similar calls. But tragically, we have been told by those who are benefiting from this defective document and system that those of us who are advocating are just a tiny minority. However, many discerning Nigerians have continued to seek to know where and when they conducted the referendum that put advocates of a new constitution in the minority. The problem is that the few who are benefiting from this lop-sided constitution do not want a change. What they are interested in is a cosmetic amendment to this so-called federal constitution. They won’t touch the most important defects in the constitution. Among these important areas are whether or not we truly need a presidential system of government, do we want bi-cameral legislature, should we reduce the number of the legislatures, should our legislatures be on part-time basis, should we reduce the number of the states in the country, should we return to regional or zonal federalism etc. These are some of the important issues begging for a round-table discussion. Trust our legislators, they would not touch those areas. They are no-go areas that may sooner than later consume the polity. Till today, what our legislators are addressing are peripheral, they have left out the substance. Until the substance is addressed, we will continue to drift to a level when it might be too late for any rescue. Many of you elder statesmen are also fathers to the president. Many Nigerians who believe that you cannot knock on his door and he would not open are wondering why all of you are shying away form telling the president a spade is a spade. I do not think the President (Goodluck Jonathan) is not aware of the opposition to the present constitution, he is quite aware of it. I am also aware that those who are very close to the President, especially those from his region, have been very vocal on this issue. Though I am not privileged to know the view of the president on this, but I am of the view that he is being careful on matters like this. Having said that I am of the opinion that many of us, including the President want this country to remain as one indivisible and prosperous country, but the problem is what modalities do we need to run the country in such a way that the mass poverty starring all of us in the face would be a thing of the past. What modalities do we need to make the country to be run in a manner that it would develop rapidly and catch up with the rest developed countries as envisaged by our founding leaders over 50 years ago. Could we truly continue with these modalities that have grounded the regions or the component structures where no meaningful development can take place and where these components cannot meet the basic needs of the people? Must we continue with modalities that do not allow the different people to be governed or run their affairs in accordance with their tradition and culture? I, as an individual have on many occasions sent articles and letters to the Presidency before now. However, most Nigerians know my position on the 1999 Constitutions and on many national issues, especially the “National Questions.” Apart from my letters, there have been groups and individuals that have visited the President on issues like this. So the President is never claiming not to be aware that people and groups have visited him to express concern about the future of the country if it continues like this. What lessons are there for Nigeria in the political upheaval unfolding in Egypt? It is only a stupid man that would want a military coup in Nigeria. I will never vote for a coup in the country. I want to have a hand in how I am governed. It is the coup of 1966 that has brought us to where we are now. We all know what it takes to engage in war. We don’t want war again in this country. Yes, the Americans have predicted that by 2015 Nigeria may not exist again. Yes, it is a prophecy, but tragically enough everything seems to be moving towards the direction of the prophecy, especially with the ways and manners our politicians are conducting themselves and conducting the affairs of the country. We therefore need to plead with them to be sensible. Let us have a referendum on whether or not we need a new constitution. If the powers that be are not favourably disposed to having a Sovereign National Conference, then let us take the middle road or a viable alternative, which is having a new constitution. What is your take on 2015, the election year? There appears to be too much political bitterness in the preparation towards 2015. Politicians seem not to have learnt from the mistakes of the past. They seem to be arming themselves for feared battled, not battle for the people but a fierce battle between themselves for their own selfish interest. This certainly would not be good for the country. Take for instance, the case of the (Nigerian) Governors’ Forum’s election where the conduct of do or die was dangerously displayed. That 35 governors could not conduct a free, fair and credible election leaves much to desire. It is clearly a bad omen of what 2015 holds for the country. When governors who as leaders are supposed to be shining examples in the display of virtues and high standard morality now begin to call white, red and black, yellow just for their selfish interest, then what do you expect school children to do? When governors who day and night openly profess that they are Christian or devout Moslem would tell people that elected them that there are conditions or occasions when five is higher than 12, then something is fundamentally wrong with our leaders and the governed must begin to turn to God to deliver them from leaders like this. As I said before, if 35 governors could not conduct an acceptable election or would not accept the results of election involving just 35 people, I wonder what would when 125 million Nigerians are involved. Notwithstanding, your stand on the review, what is your position on six years single tenure? I am certainly for that arrangement. For one thing this arrangement would reduce the cost of conducting elections in the country. If we continue with the present arrangement of four years of two terms, in 12 years we would have three elections, whereas if it is 6 years of a single tenure we would have only two elections. This would save a lot of money for the country in billions. This planned arrangement would enable the occupier of the office, be it the office of the president or the governor, to perform. He or she would not be looking for a second term. He would concentrate on his job, instead of spending the last two years of four years to prepare for another election. Governors and President as a matter of fact knowing that they have only one opportunity would be spurred to perform so that they could leave legacies that would cast their names in gold.
Posted on: Fri, 02 Aug 2013 09:07:58 +0000
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