For Goodness’ Sake Let Us Go to The Proposed National Conference and Talk

–– Professor Nwosu  is former Minister of Health and ex-Special Adviser (Political Matters) to the President

By A.B.C. Nwosu

A very prominent Nigerian insisted that Nigerians have very short memories and are therefore in need of constant reminders of their past if mistakes are to be avoided in the future. For this reason I begin by reminding ourselves that on Monday 24th June 1994, in the wake of the annulled 1993 June 12 Presidential Elections, General Sani Abacha inaugurated a National Constitutional Conference. Paragraph three (3) of his forty-four (44) paragraph address was explicit: “you have the mandate to deliberate upon the structure of the Nigeria nation-state and to work out the modalities for ensuring good governance; to devise for our people a system of Government guaranteeing equal opportunity for all, the right to aspire to any public office irrespective of the State of Origin, ethnicity or creed, and thus engender a sense of belonging in all our citizens”.

The country welcomed that opportunity of a national dialogue and conversation even from a military dictator like General Abacha. The East accepted the Conference. Ditto the South-South, the Middle Belt and the North. These zones elected their first elevens to the Conference. Only the South-West “boycotted” the delegates election to the Conference whilst contriving to ensure that the zone was fully represented by its prominent sons like late Dr. Tunji Otegbeye, Dr. Bode Olajumoke, late Chief Oluwole Awolowo, Senator Jonathan Odebiyi, Chief Reuben Famuyibo, Ambassador Dapo Fafowora, Hon. Dr. Victor  Olunloyo, Chief Abayomi Akintola etc.
The Chairman of the Conference was Hon. Justice A. G. Karibi-Whyte with Hon Justice Mamman Nasir as Deputy Chairman. The membership list ranged from late General Yar’Adua to late Ikemba Odumegwu-Ojukwu and included serving (current) and former Senators and Governors. They discussed any and everything, often in the most rancorous manner and published their Conclusions and Reports in two volumes.

Their Reports and proposed Draft Constitution were signed by Hon Justice Saidu Kawu CON and Hon. Dr. Joseph Wayas, Chairman and Deputy Chairman of the Conference Commission; and by Hon. Justice A.G. Karibi-Whyte and Hon. Justice Mamman Nasir, Chairman and Deputy Chairman of the Constitutional Conference proper. Nigeria did not break in the Constitutional Conference of 1994/1995. It will certainly not break now. Therefore let us go to the proposed conference and talk.

I have read with much sadness Segun Adeniyi’s write-up titled “Another organised waste of Time” (back page ThisDay, Thursday October 3, 2013). With all respect, I disagree completely with him. In my view, Nigerians talking to themselves so as to build the foundations for nationhood cannot be an organised waste of time. For Mr Adeniyi to say that is simply professional pessimism. Was it not one of our founding fathers who posited decades ago that Nigeria was a country on a journey towards nationhood. Are we still not on that nationhood voyage? And would a successful National Conference not be one of the ways for the attainment of true nationhood?
To worsen matters Segun Adeniyi conjured up the magic word “Sovereign” to obfuscate issues. President Jonathan did not use the word “Sovereign” in his broadcast. He also did not use the word “sovereign” as he inaugurated the Conference Committee. Indeed no Head of State of Nigeria (military or elected) has ever used the phrase “Sovereign National Conference”. The South-East geopolitical zone has also been careful not to demand for a “Sovereign National Conference”, especially since 1999 that there have been elected Governments at the Centre and at the States (Federating units).

What many Nigerians expect is a National Constitutional Conference with FULL CONSTITUENT POWERS to discuss and overhaul the defects in the 1999 Nigerian Federal Constitution which most Nigerians agree is grossly defective (I shall explain what I mean by FULL CONSTITUENT POWERS later in this write-up). Most Nigerians believe that the time to overhaul (not amend) this grossly defective Constitution is now, because nothing that is grossly defective delivers good and perfect results. Simply put, a Constitution that is built on unjust, inequitable, and wrong foundations does not last. Before I continue, there was this curious piece by Is’haq Modibbo Kawu (Vanguard, Thursday 3 October 2013 p.17) titled “Now They Will Have their National Conference” which predicted that the conference “will be dead on arrival…because “tribes” sitting in conference will not invent any golden bullets that can shoot the problems of our society.” Tribes? Who still talks of tribes In today’s Nigeria? Kawu goes on to insist that the proposed National conference is about President Jonathan’s 2015 re-election bid. Haba Is’haq!
I was however happy to read at the back page of ThisDay Sunday October 6, 2013 Simon Kolawole who “on principle” was not opposed to the National Conference but insisted that “Constitution is Not the Problem” (with Nigeria). I disagree: The 1999 Constitution is a problem, a big problem! Constitution is law; the Supreme Law of any nation which determines the way the nation is governed. If it is wrong, it is wrong. I respect Mr Kolawole’s arguments nonetheless.

This time his arguments focused on how the delegates will be elected and/or selected/appointed, how the Conference shall arrive at its decisions, and how to give effect to the Conference decisions. Unlike him there were no suggestions to the National Conference Committee. Curiously he also makes a statement which I completely disagree with, that “for now the 1999 Constitution is sufficient for the development of Nigeria”. I sincerely hope that Mr Kolawole is implying by that story that Nigerians are doing okay or that Nigeria will be okay under the 1999 Constitution if only our leaders were “good people”. Does a good Constitution not prevent bad governance by ensuring that all act within the law? In my view, the structural defects in the 1999 Constitution of the Federal Republic of Nigeria need to be corrected so as to engender good governance and fast-track meaningful and sustained development of Nigeria such that it can take care of its large population. If we do not eliminate debilitating defects in our Constitution that currently stifle development of states and geopolitical zones from within these States and Zones without waiting for the “almighty oil revenue” Nigeria cannot actualise its destiny. I shall now focus on the “self-evident truths” of today’s Nigeria and why we must talk now. First, every sincere Nigerian knows that we ceased from 1966 to be a TRUE FEDERATION. 

This was a consequence of the 1966 crises and 1967-70 war. But over forty (40) years after the war we must examine what we have now become, restructure it and move forward. One important principle of Federalism is that federating Units (States) and the Central (Federal) Government must be mutually interdependent. No one unit should owe its existence to the other. But right now in Nigeria, States (Federating units) depend on the Federal Government to pay salaries!
Another “self-evident truth” is that the 1979, 1989, and 1999 Constitutions breached basic principles of Federalism by the outrageous concentration of powers at the centre. This I have stated has tended to stifle competitiveness and the capabilities of Federating units (States) and has resulted in another “self-evident truth” of Nigeria that the groundnut, cotton, cocoa, oil-palm, rubber, hides and skin and coal-mining industries, etc have disappeared because everyone waits for the “almighty oil revenue”. I am therefore of the very strong view that restructuring the present Nigerian Federal arrangement and transferring, devolving more powers, responsibilities and resources (revenue) to the federating units will accelerate rather than retard the country’s economic growth and development.
Simon Kolawole is correct that those who presently benefit from our present curious and unjust Federal system will strongly resist any proposed changes. My hope is that they as rational human beings will be persuaded by superior arguments.

For example by what superior argument should Federal Government be responsible for Local governments in any true Federation? Where are the other Federations where Local Governments are under the purview of the Central Government? And why should “resource control” provoke virulent and violent reactions in a true Federation? Does it not make sense that whatever is on top or below my land belongs to me and can only be appropriated by mutual agreement only because my neighbours, my fellow citizens and I are mutually interdependent? What therefore should be provocative about “resource control” and Sovereign Wealth Fund that cannot be discussed by a National Conference and be amicably resolved? For how long can injustice and wrong endure in any society? Will dialogue, discussions and amicable resolution of recurring and unsettled issues of Nigeria’s Federalism and nationhood not make for sustained peace, harmony and development of the country? For me, it is time we accepted these “self-evident truths” of our warped “Federalism” and resolved to undress, address and redress them through the proposed National Dialogue, if we truly seek to be a nation.
A third “self-evident truth” is that the sheer hardship of everyday living has made most Nigerians cynical and pessimistic about the future of their country and major overhaul in our Constitution and governance system are required to propel us to true Nationhood and development. Important and critical principles of Nationhood are equality of citizens (all men and created equal), freedom, security of lives and property, justice and rule of law, and a sense of belonging to the nation-state by the various component units. My position is that the proposed National conference provides us with an opportunity to address these areas and move forward as a country; cynicism and sarcasm do not solve problems. We must either accept the Conference as a good opportunity and resolve to make it work, or we become apathetic and let the opportunity go past this generation.

There is no middle course. I believe that our aim should be to evolve through the National Conference and desirable Constitutional and governance arrangements in our Federation that will make us live peacefully as one nation, because True Federalism remains Nigeria’s best choice as a plural society. For the objectives I have canvassed in this write-up to be achieved, I have said that the proposed NATIONAL CONFERENCE must have FULL CONSTITUENT POWERS.
What do I mean by “full constituent powers”? I shall preface what I mean with a story. Once upon a time (actually may 1999), President Obasanjo appointed me as Special Adviser on Political Matters.

One of my very first acts was to facilitate the appointment of an all-party Presidential Committee under the Chairmanship of Ambassador Yusuf Mamman (Alliance for Democracy) to identify and rectify structural defects of the 1999 Constitution. The Committee submitted several reports but these remained mere recommendations because the Committee was appointed, and not elected. Consequently for this National Conference proposed by President Jonathan to have full effect and achieve stated objectives, it must be backed by force of law, and not less than seventy per cent of its members must be elected through popular mandate organised by the Independent National Electoral Commission (INEC).
In my thinking, the mandate of delegates to the Conference should neither conflict with Executive mandates of President and Governors nor with the legislative mandates which remain valid till 2015. This shall be achieved through sub-division of senatorial districts, three per senatorial district, where there are several ethnic groups within a senatorial district, this plurality must be reflected in the representation. If I may elaborate; all ethnic nationalities In Nigeria are dispersed within the one hundred and ten (110) Senatorial districts. In cases where there are several ethnic groups within a Senatorial district, no ethnic group within that district shall send more than one (1) delegate to the National Conference.

This exercise by INEC (using the option A4) preferably shall quickly produce a total of three hundred and thirty (330) delegates for the National Conference thereby conferring on it the power to adopt a Constitution since their mandate constitutes collectively a National mandate. Such a Constitution shall be presented to NASS, State Assemblies and Mr President merely to process and formalise the decisions. For this to be achieved, the Conference shall appoint within it a Constitution drafting group to produce a Draft Constitution Pari Passu with the debates, based on the decisions and agreements reached. Consequently I would suggest that the bill to be presented to the National Assembly setting up the Conference should stipulate that once the Constitution has been adopted by the National Conference it shall ultimately become law so that delegates know this ab initio.

Traditionally, Organised Labour, Professional Associations especially the Bar Association and other institutions of Civil Society have always been represented In Constitutional Review Bodies set up by Governments in the past. I would recommend a major departure from this, and advocate a massive infusion of youths between the ages of 30 to 40 years, fifteen per geopolitical zone into the conference. The future belongs to them and they have shown excellent capabilities in the banking, IT and Communication sectors. This proposal will introduce ninety (90) of such patriotic youths into the Conference with their vision of a “new” Nigeria, their energy and immense technical capacity. Thereafter Specialists from the Nigerian Bar Association and National Council of Women Societies should also be appointed to the Conference. In totality I therefore envisage four Hundred and fifty (450) delegates made up of 330 elected delegates (over 70%), 90 selected youths and 30 appointed members from the Bar Association and National Council of Women Societies.
  Finally the present situation in our country is one of serious scepticism and loss of faith in the system, consequently everything humanly possible should be done to inaugurate the Conference before January 2014. Delay will create serious credibility problems for Government.

I also recommend a six (6) month duration for the National Conference such that a new Constitution shall be ready by August 2014. In my opinion this is possible because the basic framework already exists in the 1979, 1989 and 1999 Constitutions of the Federal Republic. I hope that I have addressed some of the fears expressed by Simon Kolawole as well as convinced truly progressive-minded Nigerians that there is more to gain from the proposed National Conference if the Organising Committee and Government do their work well. And we need to help and encourage not disparage them.
–– Professor Nwosu  is former Minister of Health and ex-Special Adviser (Political Matters) to the President

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