Preamble
I have read the draft bill produced by THE PATRIOTS to amend the 1999 Nigerian Constitution published in the Comet issues of 29th and 30th January 2000. I presume the document would have been submitted to the Presidential Technical Committee on the Review of the 1999 Constitution. I also assume that the draft bill was made public to enable other Nigerians have input into the views of the Group. This is commendable. The document itself is a masterpiece and a product of deep thought and concern for the future of our dear country, Nigeria. I congratulate the members of the Group and pray that their efforts will not be in vain.
However, I perceive our great men in THE PATRIOTS have allowed the fallouts of our inglorious past to propel them to recommend what would be very difficult to sell to a very sizeable majority of Nigerians. That is to return to the Regions; to subdivide the existing 36-State structure into six (6) and group certain number of States under a Region for the purpose of good administration and in the name of true Federalism. I disagree. Even when our Great Leader, Chief Obafemi Awolowo (of blessed memory), insisted in his book, ‘Thoughts on Nigerian Constitution’, 1966 (Published by the Oxford University Press) that Federalism was the best type of Government Administration for Nigeria, he warned that opponents of Federalism should desist from seeing breaking Nigeria into States as fanning the ember of regionalism and tribalism and went ahead to recommend the splitting of Nigeria into eighteen (18) States. He did not suggest that the States be grouped under any regions. It was unnecessary. But he did point out the evils associated with regionalism and tribalism if used in a negative manner. His words: “As derogatory epithets, regionalism and tribalism mean, in our own understanding:
(1) morbid adherence or loyalty to one’s region or tribe to the exclusion, prejudice, and detriment of other regions or tribes;
(2) discriminatory practices designed to favour one’s region or tribe at the expense of, or to the prejudice or detriment of the other regions or tribes;
(3) inciting one’s region or tribe against the other regions or tribes; and
(4) exploiting one’s popularity or standing in one’s region or tribe for unworthy ends.”
We must be guided by these words of our late sage in recommending the return to regions in the manner enunciated in THE PATRIOTS’ draft bill.
I also do not support the consequent amendments with regard to the Nigeria Police.
Apart from these two fundamental areas, which form the bedrock of their draft bill, I share with THE PATRIOTS the same sentiments on the proposed amendments in respect of –
- Section 231(1) and 231(3).
- Section 251(1), (2) and (3).
I now proceed to elaborate on my humble submission against the position of THE PATRIOTS in respect of Regionalism and The Nigeria Police Force.
Regionalism
The idea of re-introducing the regions into the structure of the Nigerian polity at this point in time is retrogressive, expensive and out-of-tune with the general thinking in a modern Nigeria. It is like dragging us 50 years back from this period (i.e. To the beginning of political administration in Nigeria). If regionalism, now being canvassed by THE PATRIOTS, was tabled before the various Constitutional Conferences in the 1950’s, the idea would have received some favourable consideration, and a lot of changes would have gone into whatever might have been agreed at that time such that the Nigeria of 2000 will definitely not be what it is now nor what THE PATRIOTS are proposing.
THE PATRIOTS’ membership has many varied senior citizens of Nigeria, and also highly learned experienced and resourceful materials this country can boast of any day. They are all eminent Nigerians. We are also privileged to have in THE PATRIOTS men who have been involved in the drafting of our constitutions in the past. There is nothing I may say about the past that will be strange to them. It is an undisputable fact that Nigeria has not witnessed a stable democratic rule since 1966. But during this period, the political emancipation gained by the various ethnic groups through the creation of states and local government councils has become not only part of our history, but also part of the everyday life of these people to which they are pathologically attached. If the new constitution is for these same people, then it must be fashioned to recognise the reality on the ground, that is, the local independence enjoyed by all since 1960, which has brought a lot of physical development into areas, hitherto neglected because of their ethnic or tribal chauvinism.
A simple example:
Going by THE PATRIOTS’ proposal, we are to have six (6) regional capitals;
Viz. –
JOS for North-Central
MAIDUGURI for Northeast
KADUNA for Northwest
ENUGU for Southeast
PORT-HARCOURT for South-South
IBADAN for Southwest
So,
– the people of Lagos whose control had always been from Lagos and who only had the other parts of the Colony Province ceded to it to become Lagos State 33 years ago, will now report to a Regional Capital in Ibadan (over 125 kilometres away).
– or the Edo/Delta people whose entire life had been with the West and who got ‘Independence’ in 1963 to be where they are today to now report to a Regional Capital in Port Harcourt;
– or the ‘Sharia’ Niger, to report to a Regional Capital in Jos of Plateau State; etc.
The same scenario can be repeated for all the 36 States and the 768 local government councils.
If the proposals of THE PATRIOTS are adopted, the following Administrative Set-ups will emerge in the 36 States:
Maybe, the Judiciary will be spared in this highly expensive venture.
The multiplier effect of creating the various new positions in the New Regions as shown above will be such that the cost of keeping the machinery of administration going may not even be available, not to talk of any state or region having fund left for capital projects. We must not deceive ourselves: no new Regions or any existing state will want to operate without having in place a minimum of the positions listed above. All these personnel who are only at the apex of government administration will need the basic administrative infrastructure (vehicles, office and residential accommodation, furniture, equipment, etc.) to be able to function. N3, 000.00 minimum wage for the workers is today a problem for some States in the Federation!
If only for the cost implication, Regionalism should be jettisoned. It is unprogressive, very expensive and not in consonance with the state of political, economic and social development of the Nigerian people. I plead with The Patriots to have a second look at the proposal again.
The Nigeria Police Force
The proposed amendment in respect of the Nigeria Police, especially with regard to the retention of a single Police Force, is highly commendable and fully supported. It is a bold approach and a true reflection of the level of maturity of The Patriots and their preference for security of lives and property in the country.
Having said that, I venture to request The Patriots to look again at their amended version of Sections 214, 215 and 216 of the 1999 Constitution:
Section 214 – In my opinion, there is nothing wrong with sub-sections 2(a), 2(b) and 2(c) of section 214 of the 1999 Constitution that warrants their being deleted. If only to avoid doubt, the sub-sections are providing for the obvious, which, at times, are ignored with serious consequences.
Section 215 – The new provisions cannot be reconciled with our own stand of no return to Regions. And in any case, even if for sake of argument the Regions are established, how do we expect an Assistant Inspector General of Police (bearing this title) to operate without a line/authority relationship with the Inspector General of Police?
Subordinates can only serve one master at a time to get useful results; and in this case, the ostensible master is the Inspector General and not the Governor.
Our suggestion is that Section 215 in the 1999 Constitution should remain with either
(a)total deletion of the proviso to sub-section (4) or
(b) the proviso to Sub-section (4) to be amended
to read as follows:
“Provided that in carrying out any such directions under the foregoing provisions of this Sub-section the Commissioner of Police may request that the matter be referred to the President for his directions, where exigencies so demand.”
Section 216- I disagree with the new Section 216 and suggest we retain the existing Section 216 in the 1999 Constitution. There is need to examine the language employed in the peculiar provisions with respect to North/South dichotomy as recorded in the draft amendment and also indigene factor: both of which are being emphasised with respect to Police (and later Armed Forces) matters and which have not been the case in the treatment of other areas of our polity in this same Constitution. If we want sharing on certain basis, then we must endeavour to let it be applicable to issues affecting Nigerians in all case; for example, Presidency, Governorship, Council Chairmanship, etc.
What is sauce for the goose is sauce for the gander. We must go the whole hog.
.Note: It is necessary to point out that the substitution of “Police Service Commission” for “Nigeria Police Council” in The Patriots’ new Section 216(E) is a misnomer: The appropriate body to delegate function in respect of ‘powers is the Police Council not Police Service Commission.
BASORUN, AN ATTORNEY, IS ONE TIME SECRETARY TO THE LAGOS STATE GOVERNMENT AND THE IMMEDIATE PAST CHAIRMAN OF PEOPLES DEMOCRATIC PARTY (PDP), LAGOS STATE.
3rd February, 2000.