Comments on naijablog: Decolonising the Nigerian Constitution

I think your argument is strong on the need for co...

2012-01-18T17:04:11.029+01:00

I think your argument is strong on the need for constitutional reform, but I hope you are not so naive as to believe that it will be the pancea to all the problems you've listed in this post.

While you use the USA as an example of a strong federal constitution that checks serious abuse of power, in the same breath you note that the constitution has done nothing but provide fodder for moral censure of breaches of power like Guantanamo Bay.

Just because a constitution says it is so does not mean that decades of cultural attitudes and the basic understand by individuals of "what the Nigerian state is" will change overnight. President-centric, hetero-centric, man-centric politics will continue, constitution or not, until the mass of Nigerians come to believe otherwise. I think that is the true value of Occupy Nigeria- it is a consciousnesses-changing effort.

I also agree with the appropriateness of the subje...

2012-01-16T11:58:09.124+01:00

I also agree with the appropriateness of the subject title, as Nigeria's inherited constitution is indeed British in origin and is hardly different in essence to what was imposed on the nation prior to Independence compared to what obtains now.

It took a newspaper article in the '70s to alert me as a young man to the perils faced by a nation that embraces the wrong type of constitution, a succinct article from one of the "Fathers of the Nation", the late Chief Obafemi Awolowo.

Multi-ethnic nation states around the world that operate Unitary constitutions, he stated, invariably find themselves wracked with political strife erupting in sporadic armed conflict. In addition to Nigeria, he enumerated the likes of Sri Lanka and Cyprus as examples of such states, and indeed there are several others.

The common denominator uniting these states are that they were all colonised by Britain, a nation that someone quite rightly noticed has no written constitution, and has been quite stable internally despite the apparent deficiency (that may be about to change, as recent events are beginning to unravel).

The strong example he gave of a multi-ethnic state (English-speaking, Spanish-speaking and Native American) that on the other hand operated a Federal constitution was none other than the USA, a stable nation which, although colonised initially by Britain, subsequently fought a fierce civil war that shook the nation to its foundations and triggered the soul-searching for a consensual formula that led to the hammering out of a federal constitution by the Founding Fathers. The State legislatures and executives in the USA are shining examples of powerful entities within a powerful central government, with clear delineation, checks and balances between the twain.

Many commenters from the likes of Nigeria, Sri Lanka and Cyprus will jump at this suggestion, saying "ah, but we DO have a Federal constitution", which is why I qualified the definition, as indeed Papa Awo did, with the term "in essence". They are Unitarian in all but name.

A constitution that allows the occupier of the central government, whether through the tyranny of democracy where the population of an ethnic majority can always sway the electoral vote (as in Sri Lanka), to legislate uncontested for all states and all peoples is Unitarian no matter how much its "lamb is dressed as mutton". Consider the ease with which a previous Nigerian president impeached several state governors and disbanded their state legislatures and tell me that a federal constitution enabled such impunity and I will laugh you to scorn!

Not for nothing did those evil geniuses in the Foreign Office that tele guided Nigeria's transition to an independent state ensure that any suggestions of Confederation or Federalism at the time be considered acts of treason, for which its proponents (Papa Awo included) were unceremoniously thrown into jail.

In the intervening interregnum spanning several decades, much good business has been done bilking the beloved nation of its blessings of resource (as Papa Awo aptly put it, "the unaided Bounty of Nature") with tremendous Dracula suction force from a powerful centre...

So it goes, and continues even unto this very moment.

You of course know that the british have no writte...

2012-01-16T06:58:11.162+01:00

You of course know that the british have no written constitution and are doing quite well without it. The Nigerian constitution,warts and all represent our current values including believe in God, recognition of diversity and the need for ethnic inclusive ness and yet the need for a strong centre. All these features are uniquely nigerian. US may allow gays but disallow polygamy but that is another country.

The constitution also defines the process for change in a manner that will allow consensus, which is rightly so. There were once Afenifere and 'progressive' politicians (AC/AD) who would ask for federalism and Soverign National Conference at the federal centre but once in power within their states, they opt for exactly opposite, centralising all power and emasculating the local government. They are the strong argument against politicising the constitution.
I wonder who really supports the nigerian occupy movement outside the circle of twitter entrenched middle class tribe of youthful beautiful people. Neither the politicians nor the labour the labour are interested in such a movement and the masses are just angry at a higher fuel price. Pushing for "occupy" as an agenda for national discourse is carrying the sacrifice beyond the temple. Within two weeks after this protests end, occupy nigeria will have been forgotten.

There is no magical method of having a constitution; we have toyed with several already. The key issue is to make this one work. Nigeria will not be drawn in a foreign image.

an excellent piece, with good solid suggestions as...

2012-01-16T04:02:54.447+01:00

an excellent piece, with good solid suggestions as a framework for discussion.

i disagree with tjabif about the title - i believe that decolonising is right from both the british & the military (perhaps demilitarising is more accurate, to be fair to tjabif). the very significant point he raises about what we are taught in schools is most telling. this needs to be addressed.

the current nigerian constitution is actually decree 24 of the last military regime. and in it lies the problem - written by the outgoing military to protect their interests (and loot they'd stolen). has anyone done a study as to what proportion of nass members since 1999 have been retired military officers? i'll bet its very high (at state level legislature level as well?)

the fact is we need a new constitution - written by civilians for civilians; or written by citizens for citizens, to be more precise.

what is also apparent is that we nigerians have a military mind set. the powers of the president are considerable, true - perhaps more than any other head of state & govt in the world. but we act like he (it has always been a man) has the powers of a dictator. that is the perception (and the reality) of most people in nigeria.

for instance, in the #occupynigeria protests (especially on twitter, bbm & facebook) there have been calls for the president to cut nass pay & allowances - the nass set their own pay & allowances, and the executive have no control over that...

yes a constitutional conference is a cumbersome & potentially devisive scenario; but reform of the constitution is needed - and by its very nature it is impossible to do this...

so what other choice is there beyond a new constitution & a plebiscite; or the current cumbersome un-reformable constitution by decree we have now?

REFORM NIGERIA NOW

Thought to leave a comment here as you have asked ...

2012-01-16T02:11:13.006+01:00

Thought to leave a comment here as you have asked for my thoughts on Twitter.
The title of the article may not be the most apt given the content. The issues you have touched on here are quite serious and the 'de-colonising' part of it is yet a fraction of the issues.
It is pertinent to state however, that the education system as obtained in Nigeria has a lot to answer for.
I grew up in Nigeria and I dare say, my 'Social Studies' classes never touched on what the constitution said I could have, do or in fact what my rights were. On the other hand, a youngster in the U.S. knows off hand, what amendment to plead in most basic of situations or scenarios.

So, per revisiting the constitution; yes, that is a necessary step we must take at some point. Putting it off is akin to the good old 'Naija' saying; "Procrastination is a brother to Mr. Too Late". The gender imbalance, so called federal character, fiscal probity and accountability, transparency and a whole raft of issues will just continue to haunt us. Enough of the talkathons and never ending confabs and conferences. Nigerians are bored already.
Thanks for taking the time to share your opinion on this and yes, the Occupy Nigeria movement surely has some of the issues raised here as the key points in their agenda.
Perhaps the charitable organisations queueing up to get a piece of the action in Nigeria could swing a little more to the right and take on enlightenment and education of the young ones - at primary school level maybe(?).
I'm an advocate for a bottom-up approach in governance. Enlightenment and education of youngsters would give room for a gradual re-orientation of what it means to be Nigerian and certainly give a better understanding as to what rights and privileges come with that.