Category: Ropo Sekoni

  • Restructuring without stampede (1)

    But none of those at the conference could swear on the Bible or the Quaran that such position papers were cleared with citizens in their respective regions

    In the last two or three weeks, restructuring has become a buzz word in many parts of the country. Some would argue this is so because many of those who created the design to which citizens from many parts of the country are demanding restructuring are now not only listening to those they once labeled iconoclastic are also leading the song of change of the architecture of governance in the country. Such new choristers include former heads of state, General Ibrahim Babangida and APC governors who had largely ignored calls for restructuring for fear of being labeled hostile to the constitution under which they came to power in a federation where most of the revenue to run subnational governments came from transfers from the federation account, made robust by revenue from petroleum. As is common with the Nigeria Factor of everything in the country, many people are already acting as if a new (post-restructuring) constitution is about to go to the printer.

    It is realistic for enthusiasts of restructuring not to get carried away as many of us are already doing. Some are already suggesting that needed restructuring have been done by the 2014 National Conference while others are calling for collation of amendments to the 1999 Constitution that the National Assembly have come up with in the last six or so years of interminable amendment. Others are calling for retrieval from the archives of all reports since 1963 of meetings related to what kind of federal union Nigerians desire while a few have called for wholesale revival of the Independence constitution, which to date is believed to be the Union Charter with the most elaborate consultation between the founding fathers and founding children of the federation, now considered by many citizens as already too ripe for change.

    Some specific suggestions are already coming out from several quarters. Such recommendations include calls for state police while others are preparing to establish a specially fortified community police system. There are also those who are intensifying the call for full resource control, not only in respect of petroleum and gas, but for all forms of mineral resources. Worse or better still, some of the veterans of the 2014 National Conference are asking that the government adopt the over 600 recommendations made by the conference. Makers of blueprints for the new architecture of governance base their arguments on the principle that there is no need to re-invent the wheel. Also unforgettable is the group that is studying calls for restructuring with the hope of taking a position on the matter soon. Such group includes the Acting President whose promise to make the views of the government known later should be understood in the context of his acting for the substantive president. There are even APC governors who after announcement of support for restructuring by APC governors have also indicated withdrawn their support of restructuring. This group includes governor of Kogi State.

    Without blaming those who are already constructing what the final document on restructuring should contain, this column wants to plead for caution as citizens make prescriptions on the way to restructure the country.  Restructuring refers to process rather than to product. Apart from the restructuring done in Nigeria unilaterally by military dictators between 1970 and the release of the 1999 Constitution, this country has not done any citizen-driven restructuring since 1963, when a light retouching of the Independence federal constitution declared the country a Federal Republic and added three items, hitherto on the Concurrent list, to the Exclusive List. None of the conferences held since 1963 had involved any manner of restructuring.  The 1979 Constitution that was promulgated to replace the suspended 1963 Constitution was largely a capturing of details of the status quo created by military dictators into a document that became the 1979 Constitution.

    It is, therefore, presumptuous for anyone or group to refer to any document from previous conferences (including the 2014 national conference convened by former President Goodluck Jonathan) as having done the work needed to restructure the polity and the economy. It is on record that the only constitution that enjoyed due pre-constitution deliberations and consultations involving rulers and citizens is the 1954 Constitution. History tells those who were not around then that citizens voted for delegates to the constitutional conference and received feedbacks from delegates as the conference progressed. No such robust consultation had taken place ever since, not even during the writing of what became the 1979 Constitution. As we all know, the 1999 Constitution was a top secret until after the election of General Olusegun Obasanjo as the first post-military president in 1998.

    Admittedly, over 400 delegates attended the 2014 national conference, and all of them were people with national or regional recognition in their own rights. But none of them could say that he or she was sent to the conference as the choice of members of community or that he or she sat with duly elected representatives of citizens to exchange ideas on how citizens wanted the relations between central and regional or community governments to be structured or restructured. Although there were so-called regional position papers: a paper by a northern group titled Arewa: the Strength and Pillar of Nigeria; another by the Yoruba that called for Regionalism, etc. But none of those at the conference could swear on the Bible or the Quaran that such position papers were cleared with citizens in their respective regions. It is, therefore, a misrepresentation of facts for anyone to say the recommendations of the 2014 conference is already a very good work that has become inevitable.

    As we all know, restructuring as a process does not have to lead to administrative federalism that results from mere devolution (donation or delegation of power) from a commanding central government to subnational governments. It does not even have to result automatically in mutual sharing of power between partners or coordinates engaged in governing a country characterised by central and subnational governments. It could even result in more unitarisation of a country if that is the wish of the country’s citizens.

    Apart from the 1954 Constitution which grew into the Independence Constitution in 1960, there had never been a situation in which citizens were allowed to participate in the process of choosing those who participated in providing ideas to describe and capture in a constitution what citizens desire as contours or features of the way they want the country of many nations to be structured for governance. The argument for not pushing the 2014 conference report as an inevitable template to be put before negotiators for a new federal Nigeria has nothing to do with some political pundits’ view that it is not fair to put pressure on President Buhari to adopt policy guidelines bequeathed to him by a government he defeated in an election. The real point to note is that citizens should be given the right to have a voice in the process of restructuring so that they can have a sense of belonging to the product that grows out of such process.

    We have been victims of military organisation of our polity for long enough to have internalised major political decisions being crafted out of our view and handed to us as citizens to run with. We need not almost two decades after the exit of the military to allow a handful of self-appointed leaders to imitate the same process as we embark on finding out what type of united federal republic our citizens desire. Citizens deserve to have an opportunity to generate for their delegates ideas garnered from their political and economic experience in the country since the suspension of the country’s Independence Constitution in 1966. It is ironical that of the three constitutions: 1960, 1979, and 1999, it is the oldest one that is the most democratic. This late in the day for our country’s constitution (a summary of the rules and regulations that govern our relations) to be prepared behind the back of citizens as all conferences towards a new structure of governance (including the 2014 National Conference) had been. We had gone through such process in 1998 when we rushed with euphoria into transition from military to civil rule, without a constitution, all in the name of finding a quick-fix to a complex problem, the way military rule had deformed Nigeria structurally and handed a unitary structure to citizens as a federal one.

    To be continued

    Roposek@msn.com

  • Time to relent on self-derogation

    In the process, no country has promoted stigmatisation of diversity than Nigeria

    Article 1 Belgium is a federal State composed of Communities and Regions.
    Article 2 Belgium comprises three Communities: the Flemish Community, the French Community and the German-speaking Community.
    Article 3 Belgium comprises three Regions: the Flemish Region, the Walloon Region and the Brussels Region.
    Article 4 Belgium comprises four linguistic regions: the Dutch-speaking region, the French speaking region, the bilingual region of Brussels-Capital and the German-speaking region.

    The quotation overleaf is from Belgium’s federal constitution. I have inserted it here to demonstrate how a multiethnic nation-space does not need to be organised as a country of people who are or should be afraid of their identities. Since Nigeria’s independence, particularly since the emergence of military rule, the goal of those in charge of governance has been to engage in unity discourse that demonises diversity. Unity presupposes existence of diversity; it is meaningless if what needs to be united is just one. The view that diversity needs to be wiped out for unity to emerge has driven rhetoric of rulers since the civil war till now. And the overwhelming theme of such rhetoric seems to be motivated by self-derogation by propagators of the theme of ethnicity as a bogey in construction of a multi-ethnic country.

    No post-colonial country in sub-Sahara Africa has invested so much energy in the rhetoric of unity than Nigeria. In the process, no country has promoted stigmatisation of diversity than Nigeria. And such promotion appears to have ensued from rising sense of self-derogation and self-erasure by those who deliberately confuse unity with uniformity or unification with homogenisation.

    A major plank in the unity discourse has been about prevalence of centrifugal forces, as if there are no centripetal forces and without anyone one of the pundits or politicians on role of centrifugal forces providing any idea of the strength of centrifugal forces in relation to centripetal ones. Details of unity rhetoric include stigmatisation of ethnicity as if Nigeria is the first or only country inhabited by multiple nationalities and cultures. For example, when citizens call for organisation of Nigeria as a secular state, they are quickly reminded that Nigerian is a multi-religious country, as if there are no countries with multiple religions that organise themselves as secular state, where religion is private and has no noticeable role in state operations. For instance, during recession, the Central Bank feels obliged to make dollars available to pilgrims at a discounted rate that those going abroad for medical attention may not have access to. United States of America is a shining example of a multi-religious state that separates religion from the state without endangering citizens’ rights to practice various faiths.

    A recurrent theme in the country’s unity discourse concerns hyping the challenge of building a modern multinational state from multiple nations. Many pundits and politicians sell the ideal that to achieve this goal, there is need to construct a nation that thrives on willingness of existing nationalities to erase themselves so that a united nation can emerge without any trace of perceived centrifugal forces, as if there is such a human space devoid of conflicts on the globe. The fact of history is that whenever a multiethnic nation exists without having a core that was an imperial master which added other nations to its space via conquest—by violent war, colonialism, or cultural imperialism, such nation needs to accept the challenge of creative (rather than coercive) management of its diversity.

    Any attempt by the government of a multiethnic country to spend all its resources to create a nation in the tradition of pre-modern one-language, one-culture, one-religion construct cannot but lead to tension and state failure. This is an old-fashioned approach to creating or sustaining a political and economic space that makes people of diverse cultures desire to co-exist for more or better opportunities for all. If the kind of nation that those who bemoan existence of diversity in the country want is inevitable globally, it would not have been possible for the world to have many of the successful countries of today: United States, United Kingdom, Canada, South Africa, Australia, Brazil, Mexico, Argentina, Belgium, Switzerland, United Arab Emirate, etc.

    Relatedly, it is reassuring that even those who used to think that acknowledging ethnic diversity and identity politics was inimical to progress, development, and peace in multiethnic Nigeria are getting converted to the belief that restructuring Nigeria can improve the quality of its governance and the life of its people. The recent expression of belief in unfettered federalism as a viable approach to nation-building by individuals who had earlier believed otherwise as rulers is an acceptance that nation-building is a work in progress and that no single individual, regardless of the size of his political or cultural power is omniscient. Hearing of acceptance by former and current leaders (including many governors) that choosing a truly federal system is a pathfinder to ensuring more peace and progress is good news that require amplification.

    It is important for those with the fortune of governing Nigeria to accept that ethnicity by itself is not a threat to nation building in the 21st century. What is threatening is failure of those with opportunities to lead the country to listen to voices of those who have been calling in the last three decades for a new approach to governing Nigeria. Certainly, General Ibrahim Babangida’s recent statement: “The talk to have the country restructured means that Nigerians are agreed on our unity in diversity; but that we should strengthen our structures to make the union more functional based on our comparative advantages” could not have been better put. It is a realization of decades-old myopia of viewing restructuring as a call for disintegration or as preparation for dissolution of the country, as many former and current leaders have claimed for years. Babangida’s new understanding is the kind that should have been in ascendancy since 1966. Despite huge flow of dollars from petroleum for almost five decades, the choice of a wrong design for Nigeria since 1966 has slowed the country down almost to the point of paralysis.

    As this column has observed regularly since 2006, building a modern country from multiple nations does not have to include denial or repression of existing ethnic or cultural identities that constitute the nation-space. While nation building can be threatened by calls for secession or separation, calls for restructuring or true federalism (as opposed to the false one now in place in the country) does not have to include denial of existence of multiple cultures and religions. And such cultures and religions can be prevented from being centrifugal through adoration by all communities in the nation-space of equity, equality, justice, tolerance of difference, and self-confidence. For example, the quotation above from the Belgian Constitution demonstrates that acceptance of multiple ethnicities can in fact be a foundation for unity. That the Belgians recognize their country as consisting of people of Walloon, Flemish, and Dutch ancestry is presented as a motivation for unification, rather than a source of discouragement for builders of a new nation-space from many nations.

    Political leaders need to liberate themselves from the false consciousness created by colonialism: African tribal or ethnic groups are a danger to development. What makes the Igbo any more tribal than the Scots or the Yoruba any more ethnic than the Welsh or Irish in the United Kingdom? What makes the Fulani or Hausa any more tribal than the Quebecois in Canada? Our leaders need to get real and stop creating false problematique. The challenge of modern development is to accept the right of all groups—majority or minority—to thrive in a polity built on fairness and justice. Since 1967, Nigeria’s leaders have obsessed over the metaphorical ‘Biafra’ in each of its nationalities and the need to repress the ‘Biafra’ in all individuals and communities that feel compelled to struggle for de-marginalization and dis-alienation in a polity that seems averse to responding to complaints  from  citizens.

  • Our season of mystification

    The character of a nation is not the character of its president; the character of a nation is the character of its people—Elizabeth Warren, U.S. Senator

    When Nigeria obtained independence in 1960, the consensus among leaders was that Nigeria was the result of human construction, hence, the various constitutional conferences that culminated in the Republican Constitution of 1963. Nobody, not Frederick Lugard, Ahmadu Bello, Obafemi Awolowo, and Nnamdi Azikiwe, called Nigeria a creation of God. It was not common in the world at that time to pass the buck of poor architecture to God, as many highly placed leaders tend to do these days. In order to reinforce the status quo, political and cultural leaders have had for too long the tendency to make claims that are not realistic or rational, namely that it is God who created Nigeria and nobody should do or say anything that challenges God’s design.

    For example, long before anybody demanded for revival of Nigeria, many stakeholders warded off demands for restoration of federalism as an attempt to commit sacrilege, an abuse of a celestial or divine process and product, Nigeria.  Much more than before, the notion that Nigeria is a creation of God got transformed into an advertorial in the last few years, particularly since self-styled Indigenous People of Biafra became a force to tame, if Nigeria is to survive as one geographical entity. Former vice presidents, sitting vice president, traditional rulers, governors, and legislators amplified the narrative of divine design of Nigeria, perhaps to put the mind of ordinary people who are perceived as fertile grounds for false consciousness planting at rest and protect such fragile minds from corruption by those calling for any manner of reform of the status quo. In both cases, apostles of the status quo or nothing else were enthusiastic in shutting up demand for reform on the excuse that such demands tamper with celestial design of Nigeria.

    Before this season, Nigerians were already used to hearing that it is God that appoints leaders, especially when some nosy citizens accused ruling parties of election manipulation. This happened in 1979, 1983, 1993, 1999, 2003, 2007, and even in 2011, particularly when those who lost elections challenged the integrity of such elections. Resorting to metaphysical explanations of political activities has been for some time part of political rhetoric in the country, but it got to a crescendo in the last few years, particularly since demand for restructuring by a section of Yoruba opinion leaders and later with the rise of MASSOB and IPOB’s call for secession or disintegration.

    Mystification and distortion started to become popular during the regime of President Obasanjo, who equated call for restructuring with demand for secession, in order to call the dog of restructuring a bad name to get it ready for hanging. Most Nigerians had no reason to expect that there would be an emergence of such dare-devils as the Kanu group with irrational ambition: breaking Nigeria so that Biafra can be revived, to allow what the group considers a maste- race nationality in Nigeria to move ahead and reclaim its manifest destiny.

    When MASSOB and IPOB emerged on the landscape of the country’s geopolitical struggle for the soul of Nigeria, those calling for restructuring got eclipsed by the bellicose rhetoric of IPOB. And some of the new theorists of etiology seized the moment to remind citizens that it was God in his/her infinite mercies that created Nigeria and that nobody born of women has a right to question God’s design. Of course, mystification has its function. It either makes people interrogate what they perceive to be overdone or get them intoxicated or indoctrinated by the sheer force of the oversize image that may have no bearing with reality.

    Unfortunately, attempts by political and cultural leaders to create images designed to indoctrinate citizens backfired for all of us. Instead of calling for a dialogue to identify the problems and make amends where necessary, politicians in power used the excuse of recession to de-emphasise the frustration of several Nigerian groups, without even considering that recession itself can be an immediate cause for irrational demand, such as Kanu’s. Kanu’s stature began to rise meteorically and without justification, until the Arewa Youth Organisation decided to occupy what they thought was a vacuum.

    Without any belief in the constitution, the Arewa Youth Organisation started to issue ultimatums. They first issued a military type of ultimatum to Igbos living in the 19 states of the north to migrate back home by October 1, failing which they would face extermination. The world quickly expressed shock at what could become a major international refugee problem. Those who have a sense of Nigeria before the civil war that Kanu wanted to re-enact got scared about the possibility of conflagration. The Acting President quickly went to work, calling meetings of regional stakeholders including modern and traditional rulers. Given the sharp response to the first ultimatum, the Arewa Youth Forum issued another ultimatum. This time to the Vice President, to urge him commence disengagement process between Nigeria and Kanu’s Biafra. And the rest is fast becoming history. Some Igbo leaders are showing readiness to accept an offer of the presidency in 2019 as a sufficient evidence of Nigeria’s willingness to de-marginalise Kanu’s followers.

    Suddenly, what started as a practical joke by MASSOB and IPOB after the change of presidential power in 2015 grew into a national crisis. Some organisations encouraged Igbos to vacate the North and for Hausa-Fulani to leave Biafraland. Even some Yoruba organisations said that the Arewa fatwa to the Igbos is a fatwa to all the people of the South including Yoruba people, whose recurrent demand since 1993 or earlier has been for return of federalism to Nigeria through negotiation among all federating units. Better put, a threat to the Igbos in the North is a threat to all lovers of human rights everywhere.

    For too long, political and cultural leaders have relished in self-delusion by making God responsible for the way Nigeria has become, since gradual erosion of federal provisions in the country’s constitution. Our failure to respond to demands for restructuring on the excuse that this is the way God wants Nigeria to be got replaced by demand for secession, which has now put everyone on his/her toes. Decision by Arewa youth to call the bluff of IPOB has also aggravated the tension. It is reassuring that the VP has moved fast to engage stakeholders in the Nigerian enterprise. As one of the northern governors said at one of the meetings with the acting president, “nation-building is a work in progress” that requires appropriate response to inevitability of change. Recently, two states, California and Texas mooted the idea of secession, and such demand did not lead to scattering of the tribes as it has done in Nigeria. Ethiopia has a secession provision in its constitution, and nobody has attempted to invoke it.

    It is dangerous for those who profit from understanding of transitive and intransitive use of religion to attribute the way Nigeria is or has been to God. Children who are growing up with a scientific mind with the hope of connecting cause and effect in what they do may be discouraged from cultivating scientific and rational minds. Young students are already calling their mentors in a country that discontinued the study of history for many years to find out what is correct: amalgamation of Northern and Southern Nigeria in 1914 by Frederick Lugard or the creation of Nigeria by God?  It is too late in human progress to use mystification to deal with political matters. Doing so increases the risk of irrational demands. If Kanu had wanted to secede, he would not have made a religion of talking about it. He would have confronted the rest of Nigeria with a new Biafran army and await the response.

    Those who govern and those being governed need to understand that Nigeria, like any other country, has not been perfectly made, largely because modern countries are not made by God. Citizens have the right to make demands designed to make the country better. Shunning for too long those who call for peaceful reform (such as restructuring) risks emergence of those who are ready to throw away the baby with the bathwater, like MASSOB, IPOB, and the Arewa Youth Organisation behind ultimatums to the Igbos and Vice President Osinbajo. The new announcement of APC governors’ commitment to restructuring for federalism clearly renews and reinforces the progressive party’s election promise to: “initiate action to amend our Constitution with a view to devolving powers, duties and responsibilities to states and local governments in order to entrench true Federalism and the Federal spirit.”

    If there are still people who want to break Nigeria up, they will need to look for new reasons other than marginalisation.

    Roposek@msn.com

  • Over-policed but under-secured

    Most times it is the wife of the privileged Nigerians on the street that hand their bags to policemen waiting to carry the bags to the car

    Contradictions are not strange to anything that involves government/citizen interaction. And this situation is not unique to Nigeria, but it seems to many Nigerian citizens that contradictions overwhelm consistency at every level of experience: police/citizen interaction, citizen/utility providers engagement, citizen/customs interaction, etc. And this is despite rich rhetoric about citizen-centred governance across regimes and party ideologies. Understanding this tension would have been easier if our social scientists and development journalists had given more attention to research on views of citizens about how they are governed, apart from periodic anecdotal evidence from media pundits on how citizens feel about politicians and political parties. Policing is one area that stretches patience of citizens to the limit.

    It sounds illogical to say that Nigeria appears overpoliced, just a few weeks after the IGP announced plans to hire 150,000 police for a special law enforcement initiative that will post policemen and women to their natal communities. He ought to know the staff strength in relation to manpower needs of the Force better than anyone else. However, the signs out there give the impression that the country must have more police and para-police staff than it requires. Despite President Buhari’s announcement early in his administration that use of police as Maiguards for big men and women should stop, hundreds or thousands of police are still deployed as personal security for members of the over-privileged class, at the expense of community and individual protection.

    For example, I live on a street that has just about 20 housing units. But the street can boast of 10 policemen waiting in front of houses of maigidas and with guns positioned as if to intimidate neighbours taking their morning or evening exercise. This writer took a suicidal venture one morning to ask three impeccably dressed anti-riot policemen in well-starched, well-ironed uniforms and shining black boots “if they were still working for the Nigeria Police Force.” The answer was brief and confident: “Of course, daddy, why do you ask, you think we look fake the way we are?” the spokesman running his eyes up and down the visage of his colleagues in uniform, while using his left hand to demonstrate his own sartorial authority. I became further suicidal: “Who do you work for in this quiet and seemingly safe estate, if I may ask?” Some silence from the three law enforcers for a few seconds, during which the gate to the house was pushed open from inside. A Chinese man in his early sixties emerged from behind the gate, and the three policemen disappeared into the SUV as it sped off. One strange thing about these police is that they live in the house with the Chinese factory owner and change into mufti in the evening to play ayo or ludo in front of their oga’s house. They seem to be on 24-hour duty in and out of uniform.

    In three other houses on the same street, the maigidas being given special protection are Nigerians whose pictures I have not seen in any of our newspapers or on any of our television stations to indicate they are current or former ministers or commissioners. Most times it is the wife of the privileged Nigerians on the street that hand their bags to policemen waiting to carry the bags to the car. The owner of the bag walks behind the bag towards the door that the policeman holds for her to enter, while ensuring that no part of madam’s wrapper hangs out after closing the door. A neighbour’s daughter’s eyes caught mine one day during the mini drama of a privileged woman moving from her gate to her car. The teenager gave me a nod that was overloaded with disgust, saying with contempt: “Who the hell are these people carrying policemen all over the place and treating them like houseboys?” She would not allow me to walk off before she added: “What kind of country is this and under the nose of an elected government of change?” From that brief interaction, it became clear that the contempt for police is not only about the bribe they demand from citizens but also about loss of dignity. Citizens who see the police in such obsequious states cannot but disrespect officers who look like them. It is also clear that a tiny minority of residents on similar streets with twenty houses and 10 policemen on private beat enjoys the benefit of police protection denied to millions in a country in which police have no fuel in their vehicles to respond to emergency calls from citizens on time and most citizens still install high walls, heavy iron gates and windows barred with iron rods for protection.

    As if the new Inspector-General of Police sensed that citizens were feeling harassed on urban roads and highways, he, like many others before him, announced that policemen on urban streets and inter-city roads would not have the usual “way your particulars beat” during the government of change. If the IG has the time to travel in vehicles, he will be surprised at the number of his men still occupying the roads and expressways: from Shagamu to Ore (average of 20 police stops), more miserly stops of five between Lagos and Ibadan, about 10 police check-points between Ibadan and Ondo, and about 12 between Ibadan and Akure. This does not include military barricades erected between Ore and Ondo, between Ifetedo and Ondo, and between Ondo and Akure. Anyone entering Ondo State from any direction would think that the state is at war. This siege is not new. It has been there for several years.

    As if the highways linking cities in the country do not have enough check-points to frustrate travellers, Customs men (usually without women, like their police counterparts) also have check-points of their own, not near Lagos but in the middle of the forest between Ibadan and Ondo, Akure and Ibadan, Shagamu and Ore, etc. A few days ago, I had the misfortune of being on one of these roads. Two customs officers in uniform stood in front of my car to signal to the driver to park. The driver quickly obliged, only to be asked for customs papers paid at the port of entry through which the car entered Nigeria. I quickly gave the officer original copies of registration, insurance, and road worthiness (whatever that means). He verified that the copies tallied with those pasted on the windscreen. He then asked for papers given to me at the port when I cleared the car. I told him I bought the car in Lagos ten years ago and brought out copies of my annual registration papers for the past ten years. After going through this, he then asked me for the receipt given to me by the vendor of the car. He ignored us for over ten minutes before waving us off to enable other cars to park.

    A few metres from where the Customs had stopped us, red or burgundy-capped traffic police men of the FRSC fame stopped our car to ask for fire fighter and “triangular sign.” The two items were provided immediately after which we were waved off. A few minutes after, we entered Akure only to be flagged down by VIO in white shirts who asked for the same thing and looked around the car before allowing us to go. This was not before asking us to open the trunk of the car to ascertain its content.

    Ongoing government efforts to simplify the culture of business and enhance efficiency and productivity must include assessing cost-effectiveness of training policemen who end up being used as private guards for big Nigerians and foreign businessmen. Such programme audit should include deployment of customs officers to the ports to ensure that proper payments are made before imported cars leave the ports, instead of posting them to the middle of the forest. When vehicles break down in the country, drivers and owners ensure that piles of leaves are put behind such vehicles to alert other road users. In most cases, such leaves are much bigger and more visible than what one FRSC staff called “Triangular Sign.”

    Insisting that citizens purchase all manners of imported gadgets that are hardly used in countries that manufacture them: speed limiter, caution sign, replacing factory-built tinted cars with ordinary windows or obtaining special permits to use cars duly imported into the country with factory-fitted tinted glass wastes travellers’ time and impedes productivity. It also wastes on non-essential accessories hard-earned foreign exchange in what is increasingly looking like a post-petroleum moment.

    Roposek@msn.com

  • As we remember June 12

    As we remember June 12

    It will be significant for political leaders with familiarity with that date in the country’s evolution to create space for recalling the unfinished business of June 12 struggle for democracy. 

    The interest of today’s piece is to take advantage of being a ‘participant observer’ in creation and propagation of major themes of the struggle for de-militarization of Nigeria’s polity between 1993 and 1998, when General Abdusalaam Abubakar kicked off the famous transition to democracy after the death of Sani Abacha, who supplanted General Ibrahim Babangida as the antagonist of June 12 and of MKO Abiola, the protagonist of the June 12 moment in the country’s political history.

    Given the attention that party politics has given to people in power, especially in the Yoruba region since 1999, it is natural that many of those ruling or governing the region are going to be invited to grace June 12 events across the region. Knowing that themes of fighting corruption, improving national security, and ending unanticipated recession have seized mass communication space in the country, it will not be surprising if such themes do not eclipse the unfinished business of June 12.

    As this page had observed many years since 1999 about June 12 and its memorialisation, only one of three major objectives of June was achieved before the struggle yielded space for transition to democracy. It will be significant for political leaders with familiarity with that date in the country’s evolution to create space for recalling the unfinished business of June 12 struggle for democracy. The gravity of the threat to stability and development in post-military Nigeria requires that those charged to anchor events to mark the day do not use the opportunity to reiterate the ruling party’s bogey that this is not the right time to reform Nigeria. Further, the issue of importance now may not be how many federal institutions and monuments should be named after Abiola and whether June 12 should be made a national holiday from Abeokuta to Abuja and KauraNamoda. As important as all these may be for enhancing the symbolism of June 12 and Abiola’s self-sacrifice for democracy, special attention needs to be drawn to outstanding projects of the June 12 struggle.

    Two major issues de-emphasised by both the midwife for delivery of electoral democracy and many of our own people with overflowing optimism about election without a new constitution are Restructuring and De-militarisation of the polity. Many of the NADECO vanguards for democratisation through restoration of Abiola’s presidential mandate who assured citizens in the Southwest in 1998 that once “our people are elected to govern our region all our problems would be over,” must now know how risky it is to be blessed with an unduly credulous followers.

    It is no exaggeration that even 18 years into a post-military governance, the problems that created June 12 struggle are still with the country. Many people would even say that the problems have gotten worse. The hypnotic power at the disposal of central government at the expense of subnational governments that made it necessary for various sections of the country to cry marginalisation and domination is still growing. Others would even say that federal power had gotten more maddening, to the extent that ensuring that each section to which federal power has rotated would do virtually anything to keep it, even if it includes putting national security at risk. For example, professional keepers of power for specific regions pushed Nigeria into crisis when President UmaruYar’Adua died and until the country was rescued by Doctrine of Necessity. By falling sick like other human beings, President Buhari’s health almost became, if it were not for the man’s integrity, another fertile ground for professional custodians of power for their preferred region. Even President Obasanjo from the Southwest is still being cited as choosing to bend the constitution in the direction of third term, thus overheating an already heated polity.

    Those who wanted to hold federal power in trust for their nationality or region in both the North and South again stretched the cord of unity almost to a breaking point, first over 2011 presidential election and later over 2015 election. The South-south with the support of the Southeast also felt cheated that the power that they believed should belong to that region had been snatched for the Northwest through the election of President Mohammadu Buhari. As tension mounted over resource control or allocation of more revenue to oil-producing areas of the Niger Delta, the country’s leaders resorted to adoption of palliatives: Amnesty Programme for some of the most vociferous militants and establishment of some money-guzzling bureaucracies to pacify the Niger Delta. Such palliatives were considered more profitable for and by those in power at the centre to facing the issue of equitable resource control or share, in the name of even development.

    Disempowerment of states remains a feature of the cosmetic federalism bequeathed by the military at the point of its exit from power through the 1999 Constitution. Even state governors got used to governance as ability to get to Abuja at the right time to collect funds to develop their states. Just like the central government, state governments felt no obligation to citizens who they see as having no stake by way of tax in the political enterprise. Despite the ideas generated by June 12 about the need to return to federalism and productive economy, leaders in central and state governments got used to living off and ruling with funds from petroleum and gas. Many of such leaders looked away from restructuring as they saw it as another threat to access to keep and grow power for themselves at the state level while preparing to move to the centre to become senators or ministers under a system that does not seem to have the right architecture to improve standard of living of citizens.

    Nigeria appears more divided now than ever, except on the eve of the civil war. The reasons should not be hard to find. Trauma of repressed frustration in various parts of the country is coming to the surface and causing tension in various parts of the country. Boko Haram destabilised the country, especially the Northeast for many years. Even after it has been visibly emasculated, it is still killing innocent citizens in its primary region of operation. And it is not just those calling for Biafra that are threatening national security.

    Apart from Boko Haram, farmers and herdsmen who used to live together in harmony before the civil war are now at each other’s throat, to the extent that farmers are abandoning their ancestral homes for fear of being killed by nomadic cattle producers. Militants in the Niger Delta still express open frustration about what they see as lack of equity in the sharing of proceeds from oil that destroys the environment in the Niger Delta. Factions of organisations in search of independence for Biafra are seizing the airwaves and even ordering citizens in the Southeast to boycott normal business with ease. Self-determination groups in the Southwest multiply by the day. The only section of the country that was relatively free of agitation apart from farmers/herdsmen conflict until a few days ago is the core North. This also has become the epicentre of Hate speech and Action in the country.

    After 18 years of celebration of Democracy Day, youth organisations are giving deadlines to Igbos to vacate the 19 states of the North or face extermination. Despite assurances from cultural and political leaders of the North and even the United Nations, there are reports that some Igbo parents have already started to send their wives and children home to Igboland, should the threat of Igbo extermination materialise. Nigeria looks in 2017 as much of a failing state as it did in the mid-1960s and early1990s. And this may not have anything to do with President Buhari. He was elected as a man of impeccable integrity to fight corruption and Boko Haram, and make needed changes. But the presidency of Buhari is bringing back to the fore importance of relationship between good leadership and good structure to good governance in a federal system that most Nigerians perceive this to be.

    A clinical description of tension in the country 24 years after June 12 crisis would show to those who have eyes to see and ears to hear that Nigeria needs fixing. Those who prefer to play the ostrich have the right to do so. But those privileged to anchor June 12 celebration tomorrow must not shy from coming to grips with the challenge of living in a big edifice that houses many families. Some myopic inmates who occupy the biggest room may think that nothing needs to be done to strengthen the structure of the house in the belief that others may take such intervention as an opportunity to reduce their space in the big house. But those who do not want the house to implode have a duty to remember what Chief Awolowo said about seventy years ago: “If a country is bi-lingual or multi-lingual, the constitution must be Federal…. Any experiment with a unitary constitution in a multilingual country must fail, in the long run. I predict that every multi-lingual or multi-national country with a unitary constitution must either eventually have a federal constitution based on the principles which J have enunciated, or disintegrate, or be perennially afflicted with disharmony and instability.”

  • Matters arising and subsiding3

    One recurrent and incontrovertible argument being heard from Nigerians is that the 1999 Constitution does not belong to such group of duly negotiated constitutions.

    It is true that Nigeria’s federal system has been experiencing challenges and there have been agitations and prescriptions to reform and modify it. Reforms and modifications, institutional arrangement, systems and processes are normal in festoons, but are not done in single swoop as being advocated in Nigeria. Mega changes are not healthy for federations…. There is no true or false federalism. Indeed, there is no single, pure ideal federal model that is universally applicable everywhere. Each federation reflects the particular conditions and circumstances that produce it. We cannot wish away the particular conditions and circumstances that have produced the challenges in our federal system.—Attorney-General Abubakar Malami at a recent NIPSS conference on Federalism and the Challenges of Dynamic Equilibrium for Restructuring in Nigeria: towards a national strategy.

    What factors have proven key to the success or failure of federalism in Nigeria to play its potential role in reversing or quarantining deep rooted conflicts, how can Nigeria’s federalism maintain a dynamic equilibrium between centrifugal and centripetal forces in the country without excessively overheating the political system. In what ways can the conflicting interests regarding the allocation of responsibilities, functions and revenue sources be accommodated to promote equitable development in the federation.
    —Jonathan Juma, Acting Director-General of NIPSS

    Nigerians must stop deceiving themselves by saying that the union is negotiable when the policy actions are not in tandem with this argument….Studies have tended to suggest that the current federal arrangement is neither viable nor sustainable.—Ambassador  Sunday Dogonyaro at a recent NIPSS

    It seems that matters that have been arising since the first call for restructuring two decades ago are moving almost unexpectedly in the direction of subsiding, but only superficially. However, the conference that produced the epigraphs overleaf is primed to serve as a source of new debate on restructuring, negotiation for a new constitution to regulate national and subnational relations, etc. Today’s piece is to contribute to debate of the issues raised by the Attorney General, Abubakar Malami, at the historic conference organised recently by the National Institute for Policy and Strategic Studies (NIPSS).

    What makes the conference historic in a country where everything starts and ends with conferences and retreats mostly to no avail? NIPSS is generally not a think tank that engages in frivolity. Even when the call for restructuring got loud enough for former President Jonathan to convene a National Dialogue that ended with over 600 recommendations (thereafter filed away) on how to re-invent Nigeria for sustainability, NIPSS was silent over noises about whether Nigeria’s federalism was false or fake. That NIPSS, generally believed by Nigerians to be a respectable organisation, has chosen to call a conference (though not of stakeholders, as it is normal with most Nigerian organisations), should catch attention of activists for re-federalisation of Nigeria. If anything,it seems that the message that the status quo of quasi-federal governance is not sustainable is getting to men at the top of the federal government, despite media speculations that the president has blocked his ears to demands for restructuring.

    Although quality of the conference was almost watered down by trite phrases such as ‘there is no true or false federalism’ by both the Attorney General and Prof. Sam Oyovbaire, such situation was compensated for by the Attorney General’s readiness to engage in more substantive issues than mere verbal gymnastics. Without doubt, every experience that is constructed by human beings can have true or false manifestations and features. This explains why definition of false in the English dictionary includes the following: ‘adjusted or made so as to deceive,’‘intending or tending to mislead,’ or ‘based on mistaken ideas.’

    It is, however, remarkable that Mr. Malami saved the day by moving away from facile forensic semantics to substantive issues about when it is best to commence restructuring of the polity. For the attorney general of APC that came to power with a manifesto that includes commitment of the federal government to”initiate action to amend our Constitution with a view to devolving powers, duties and responsibilities to states and local governments in order to entrench true Federalism and the Federal spirit,” to worry about appropriate season for commencing change must mean more than his lecture conveys on the surface.

    One way to interpret Mr. Malami’s thesis on right time to ask for restructuring and the amount of noise appropriate must mean that the APC federal government is not only listening to the noise about restructuring but also that the presidency is getting ready to let activists know it is not ready to consign such demands to the national archive. This may be an optimistic view of the Attorney General’s paper. Another possible interpretation is that the country’s chief law officer is saying to activists for federalism that the only way to achieve restructuring is through amendment of a constitution that does not reflect the feelings of citizens about the kind of document needed to chart the way forward for a sustainable multiethnic federal Nigeria.

    Malami’s statement: “The idea of restructuring is not a function of advocacy or agitation. It is about constitutional accommodation and or alternative constitutional amendment” seems to be advising those calling for return to a federal system agreeable to by all that want to belong to a democratic Nigeria to lobby lawmakers across the country to ensure that their proposal for return to federalism is accepted by not less than 24 state legislatures or drop the idea. This perspective ignores the fact that critics of the current constitution see the provisions invoked by the attorney general as not representing their wish about the Nigeria they want to spend their lifetime with and bequeath to their children.

    The convener of the conference cited overleaf, Jonathan Juma, raised pertinent issues that echo some of the fears of segments of the country when he called for finding out “What factors have proven key to the success or failure of federalism in Nigeria to play its role in reversing or quarantining deep rooted conflicts.” Nobody can be sure what a restructuring conference can unearth or recommend. The Attorney General’s suggestion that restructuring may lead to abolishment of states which may also have effects on the nation or downsizing of the National Assembly and abolishing State Houses of Assembly smacks of pre-judging outcomes of a national conference. There are states in the United States with bicameral legislature, some with unicameral legislature while others even have part-time legislatures. The choice of what type of state assembly to have is a matter solely for the states or regions that result from restructuring to determine. Puppeteering of states or regions is one of the traits that restructuring is to exterminate.

    The kind of strict constructionism about provisions of the 1999 Constitution demonstrated by the Attorney General seems to be missing the central point of calls for return to a functional federal system in the country. Citizens who want restructuring are interested principally in a constitution that caters to a federation that derives from a process of “coming together,” rather than a process of “holding together” or just being held together. In all federal systems, apart from Nigeria’s, the constitution that enshrines each country’s federal system considered views of all federating units and thus enjoyed the consent of citizens either via the process of referendum or accomplishment of a consensus by duly elected delegates. One recurrent and incontrovertible argument being heard from Nigerians is that the 1999 Constitution does not belong to such group of duly negotiated constitutions. It was imposed on the country by the last military government as part of a transition from military to civil rule.

    Therefore, the Attorney General’s view that for people to expect the constitution to accept new ways of organising and running the country is a tall order seems to be intended to foreclose the debate that the 1999 Constitution is at the core of what is to be restructured. if Nigeria is to enjoy the harmony and stability of a federal system derived from a process of “coming together of all Nigerians,” rather than victims of a process of “holding together,” a transparent constitutional conference will obviate the fears of the attorney general about the resistance of the constitution to fundamental change.

    Roposek@msn.com

  • Matters arising and subsiding 2

    What was lacking in the colonial and post-colonial military moment is denial of political and administrative control of police to lawmakers in the federating units.

    Community policing calls for decentralization in both command structure and decision making. Decentralized decision making allows frontline officers to take responsibility for their role in community policing. When an officer is able to create solutions to problems and take risks, he or she ultimately feels accountable for those solutions and assumes a greater responsibility for the well-being of the community. Decentralized decision making involves flattening the hierarchy of the agency, increasing tolerance for risk taking in problem-solving efforts, and allowing officers discretion in handling calls. In addition, providing sufficient authority to coordinate various resources to attack a problem and allowing officers the autonomy to establish relationships with the community will help define problems and develop possible solutions.—Community Oriented Policing Services, U.S. Department of Justice.

    Recently, the country’s governance industry seems to be more forthcoming, than is normal, on ideas that have aroused the interest of political industry pundits. The surge of ideas has not been limited to those in charge of modern governance; their counterparts or compatriots in the business of ruling Nigeria are also agents of what commentators view as ‘new thinking’ in the business of ruling a multi-ethnic and multi-cultural nation-state. Such new thinking includes hiring 150,000 police and deploying them to serve principally in their primary cultural communities; the re-education of Nigerians about motivation for the culture of begging by Almajiris (young children in the age of absolute dependency on parents in the northern region of the country) not ensuing from the Quaran and all aspects of Islamic theology, doctrine, and practice.

    The office of the Inspector-General of the country’s police force announced recently intention of the force to recruit 150,000 persons for deployment to their natal communities in the country while still serving in the central police system. On this, I received a call from a friend whose intellect I respect, asking me if this is not a progress for those calling for return of federalism to the country. He added, “this seems like the kind of restructuring people are clamouring for.” If my friend, an intellectual activist of no mean standing, could feel this optimistic about hiring police to be deployed to their local communities in a police system in which such policemen and women take orders from their bosses located in the federal capital can get so excited about such tokenist policy,  millions of the country’s federalists are likely to get away with a wrong assessment of this new policy by the Nigeria Police Force.

    Since the policy statement references Community Policing, I have taken the liberty to provide the quotation overleaf. This policy is not likely to enhance community policing, largely because it appears too mechanistic and requires a more elaborate discussion of the philosophy behind the new policy. Community policing is more than invocation of local content provision of memorandum of collaboration with multinational corporations operating in the country. It requires a fundamental change in the philosophy of law enforcement in a democratic federal space. It calls for ‘decentralization in both command structure and decision making,’ as the policy wonks in the home of community policing have recommended. Nigeria had in the colonial era, application of the local content provision in operation of a police force designed as the name implies coerce citizens to act in compliance with their master’s desires. Colonial officers hired people in the three regions to serve regions which cultures recruits understood or appeared to understand.

    But the goal that the policemen controlled by colonial administrators were mandated to serve was principally the goal of the colonial office in London, pacification or terrorization of the natives who were likely to get too big for their shoes. Deploying of police recruits to communities whose language and culture such recruits hardly understand grew worse after independence, particularly during the era of military rule, which in the name of national unity even posted governors to communities or state whose languages they hardly speak. What was lacking in the colonial and post-colonial military moment (which also continues under the 1999 Constitution) is denial of political and administrative control of police to elected governors and lawmakers in the federating units. It seems that this alienation of elected rulers from policies that guide law enforcement of such states is not being touched by the new policy to send police recruits to their natal communities, now in the name of community policing. It is palpably illogical to elect a governor, state and local government legislators who have no control over enforcing laws they have duly made for such communities. Reforming law enforcement in the country requires a review of both Form and Content of policing, i.e. decentralization of decision making or ‘flattening of the hierarchy of police agency,’ not just mechanistic application of percentage of local content.

    A more exciting development is the progressive interpretation of the Quaran and Islamic tenets by the Sultan of Sokoto: “Islam encourages scholarship and entrepreneurship and frowns at laziness and idleness as exemplified by itinerant Almajiri…. Therefore, attempt must be made to stop the practice of Almajiri system of begging among Muslim faithful….”  For too long, governments in the country had made policies that attempted to solve problems that had no roots in religious values of the people under the guise of promoting religious and cultural diversity.  For example, creation of Nomadic Education (schooling through mobile classrooms) by military dictators and their policy wonks is one such wrong intervention.  Another is the establishment of Almajiri Education. So popular was Nomadic Education in the 1980s that leaders of riverine communities argued that fishermen and women were nomads and deserved allocation of funds to fishing communities for the purpose of educating children from households in which father or mother made a living from fishing. There were even buses parked along oceans, rivers, and lakes in coastal communities in Ondo, Delta, Bayelsa, Rivers and even on the campus of University of Ibadan with bold signs on them: Nomadic Education Scheme.

    As if he wanted to compensate for his over literal interpretation of the policy on local content in the police force, my friend called to draw my attention to what he called earth-shaking rejection of Almajiri culture by the Sultan. In his love of hyperbole, my fellow intellectual activist rued not having the current Sultan in office 100 years ago, when Nigeria was being shaped. He asked me if I thought we would have had Boko Haram, Western Education is Evil, if the average Muslim in the Northeast of Nigeria had been given the benefit of the Sultan’s declaration that Almajiri is nothing more than institutionalization of laziness or glorification of lack of achievement orientation? My Awe has said it all. Just a few weeks ago, the Emir of Kano shook Nigeria when he made mordant criticism of social policies in the North, calling for new vision of equality and equity in the North, especially education of the child, particularly the girl-child, humanity’s most active and consistent agent of socialization, even in the age of globalization. The Emir of Kano’s recommendation was not just for the North but for all regions of the country requiring sustainable policy of empowerment of the people. As if this was not enough, Voila! The Sultan himself has demolished the myth that young children in the North are obliged by Islam to beg for alms. The Sultan is also talking to non-Almajiri communities in the country indirectly. Just as it was with Nomadic Education, Yoruba states have had for many years produced adult Almajiris begging on the streets of Lagos and Ibadan for alms.

    In the tradition of dialectics: confrontation of thesis and anti-thesis and inevitable generation of synthesis, Nigeria’s problems may diminish as leaders of thought respond to calls for needed change(s) and deploy the courage that undergirds leadership to assist in weaning their followers from a culture of false consciousness. The deeper reflection that our leaders are capable of applying to realities of their followers, the higher our chances that we will all get on the train of modernization and democratization that seeks reduction of all forms of inequality among us. Change is different from scratching the surface the way the police leadership wants to do in respect of law enforcement by calling for adherence to local content legislation. Change may become more meaningful and sustainable when leaders come to terms with obsolete traditions designed to demobilize the people, just as the Sultan has done in respect of Almajiri and the culture of economic parasitism in the country.

    Roposek@msn.com

     

    • To be continued
  • Matters arising and subsiding 1

    A national conference to address concerns of herdsmen and farmers

    Who says the All Progressives Congress’ two-year old government is not interested in national conference? Those who do are just not paying adequate attention: The Federal Government is deep in the process of convening a national conference, but not the type that professional activists and advocates for re-federalization demand ceaselessly. This time, it is a national conference to address, not the problems that seem to inhibit economic development and political stability in the country, but one to address the concerns of herdsmen and farmers who have been clashing for the past two years, almost without any solution from the security forces.

    Speaking about what looks like the latest big national dialogue since the Jonathan conference one year to the presidential election that brought Buhari to power, the Federal Minister of Agriculture has confirmed the extent of the government’s commitment to getting to the roots of herdsmen’s menace in different parts of the country:”We facilitated this team. We engaged a cross section of stakeholders ranging from state commissioners, traditional producers, practicing ranchers, people directly in the marketing of livestock products across the country.’’

    Chief AuduOgbeh went further to prepare citizens for the seriousness of the proposed national conference: “We are not silent on the matter, we are concerned about ending this crisis and applying every possible means of solving the problems, so this society can be happier and see cattle rearing as something of benefit to Nigeria, noting that in Holland 25 per cent of the land mass is reserved for ranching, that is why it is the largest diary exporter to the rest of the world. Ours doesn’t have to be a source of conflict….All of us rather than quarrel and disagree will sit together and analyse this matter to solve the problem and we will solve the problems by looking at all the dimensions, the difficulties and all the possibilities which exist….We need the cows, the milk and the skins, we were exporting the skins before, Nigeria, was a major hide and skin exporter, we need the farms to grow food, but we do not need the conflicts”.

    This page must be buzzing unnoticed of complaints about failure of the party and the president to listen to those who want exactly the same consideration for national and subnational relations. It is not as if the issue of herdsmen and farmers are not serious enough to talk about at present.Some professional analysts are likely to warn that the herdsmen/farmers’ issues sound like a microcosmof the issues that a national conference on the polity and structure of governance would consider. The clash of cultures or worldviews that the intermittent attacks between plant growers and animal breeders demonstrates, a subdued conflict that encourages some to demand restructuring and others to insist that the status quo is the best for them, and by extension, for the rest of the country. Enough of digression, to allow us return to the soothing sermon contained in the speech of the minister of agriculture.

    With respect to clash of worldviews, herdsmen, we have been told by experts on Fulani culture do not feel constrained by borders. In other words, herdsmen live in the state of nature, before the creation of constraints of culture that came with modern political geography and geopolitics. The farming cultures also subscribe to a worldview that their land should be used only for what they know is not alien to it and thus capable of denaturing it. The herdsmen do not want to be bound in their natural habitat by the constraints on movement in space that ranching imposes while the farmers believe the best way to preserve their land for farming is to use the ranch model for herdsmen who produce crucial sources of protein. Of course, whatever clash that exists between herdsmen and farmers is not a reflection of any hostility—ethnic or religious. Farmers appear more enamored of beef than pastoralists, to the extent that in Nigeria’s farming communities, no ceremony is well consummated until a cow is killed. What can compel a national conference is the bizarre character of herdsmen/farmers relations inside Nigeria. Although communities of farmers love beef and are principal buyers of cows from herdsmen, the latter do not hesitate to kill their customers or run them out of their homes. In a situation where sellers of goods relish killing buyers of such goods, there should be a conference to find out what the motivations and motives are.

    But what could be the goal of the minister for harping on inevitability of herdsmen in his pre-conference statement? Is he already doing the analysis that the conference is billed to do? What has the fact that Nigeria used to export hide and skin got to do with a conference that is set up to look for the roots of violence against farmers by herdsmen? Herdsmen need not be conflated with cattle production. Most of the beef eaten in most countries of the world is not produced by herdsmen but by ranchers. Is the minister recommending that 25% of Nigeria’s land be reserved or allocated to herdsmen when the region of origin of herdsmen has about two-thirds of Nigeria’s land?  Is there anything in the discussion of violence of herdsmen to suggest that there are sections of the country that do not recognize the importance of cattle or beef production?  If there is anything that is common to all Nigerians historically and now, it is consumption of beef. The speculation is that more beef is consumed in non-cattle producing states than in cattle-rearing states in the country. It seems that the minister’s sermon has moved considerably away from recommendations of the FAO-assisted committee that inspired convening of a national conference on herdsmen and farmers: access to land, capital, market, infrastructure, inputs and manpower.

    In a related matter, the minister also reminded the nation about the sanctity of the fact that most of the herdsmen killing farmers in Nigeria are from foreign countries, presumably in West and Central Africa. He also assured citizens at a recent Town Hall meeting in Abuja that the federal government plans to stop illegal entry of herdsmen into the country, adding that the federal government plans to make a presentation to the Africa Union to bar illegal entry of foreign cattle producers into Nigeria. The new assurances by the minister reinforces the analysis of northern governors of the problem between farmers and herdsmen, namely, the claim that herdsmen perpetrating violence in the country are foreigners.

    Questions arising from the minister’s latest statement include the following: Which countries in Africa are these herdsmen from? Are they friendly or hostile countries to Nigeria? Does Nigeria’s laws at present allow foreigners to enter the country illegally? Are there any hidden laws that inhibit the nation’s internal security: police, immigration, and customs from stopping foreign cattle owners from walking into Nigeria at the borders? Does the Economic Community of West African States (ECOWAS) or the African Union (AU) currently have a law that stops Nigeria from enforcing its own laws against illegal entry into Nigeria? Why has the federal government not been able to complete the plans announced by the minister up till now, after hundreds of citizens have been killed and dispossessed of their farms in places like Benue, Kaduna, Taraba, Niger, etc? Recently, the Vice Chancellor of the University of Ilorin made passionate pleas for assistance to the university to save its research farms from herdsmen. Finally, if most of the herdsmen molesting Nigerian farmers are from foreign countries, would it not be more cost effective for the proposed national conference to be turned into an African continental summit on a problem that is adjudged to be largely beyond Nigeria’s jurisdiction? This choice would allow the federal government to kill many birds with just one pebble.

    Roposek@msn.com

     

    To be continued

  • How democratic is the 1999 Constitution?4

    Constitutions operate as constraints on the governing ability of majorities; they are naturally taken as antidemocratic. But constitutional provisions serve many different interests. They may be liberal or illiberal; different constitutions, and different parts of the same constitution, protect different interests. We may distinguish, for example, between structural provisions and rights provisions. Structural provisions are usually intended to minimize the pathologies associated with one or another conception of democracy. Thus, for example, a system of separation of powers is typically intended either to limit the power of factions—or to reduce the likelihood that representatives will pursue their own interest rather than those of the public generally. The two fears of factional tyranny and self-interested representation have often been important motivating forces behind structural provisions. . . . Rights provisions are designed to fence off certain areas from majoritarian control.—Cass R. Sunstein

    To borrow a method of debate from Robert Dahl in his book What is democratic about theAmerican Constitution?, particularly his decision to emphasize changing how  Americans think about their constitution, the rest of this series will focus on some of the concepts that drive the 1999 Constitution, with the hope of illustrating provisions that are more likely than not to militate against stability, harmony, and unity.

    The epigraph above raises two important issues about efforts by constitutions to constrain the governing group: structural provisions and rights provisions. These are issues that are discussed in different ways by pundits who complain about the 1999 Constitution. With respect to structural provisions, the current constitution adheres partially to the principle of separation of powers. Like the 1979 before it, it copies the principle of horizontal distribution of power among the executive, legislative, and judicial branches of government. But it overlooks the fact that in a federal system, power sharing between national and subnational government—region or state—is also an indispensable part of separation of powers.

    Until 1914, Nigeria was governed as two regions: Northern and Southern protectorates. After amalgamation in 1914, it was governed as one country in a unitary way. The constitutional conference of 1946 came to terms that a multinational country required a different governance model and by 1951, Nigeria embarked on a federal system, such that it was possible for southern regions to obtain self-government two years before the Northern region. The argument of Richards and  particularly Macpherson, as well as of those Nigerian leaders who participated in the constitutional conference was that there was need for separation of powers between the central government and the regional governments. By investing all the powers in the central government, the 1999 Constitution sacrificed the principle of separation of powers in terms of division of powers between two levels of government through adding more functions to the Exclusive list and nominally sharing functions on the concurrent list with states with one hand and compromising such sharing on the other through the power of the national assembly to override the choice of states on any issue on the concurrent list. What is the logic for omitting vertical separation of powers that is integral to federal governance while keeping horizontal separation of government into its three arms? Vertical separation of powers is a bedrock  principle of federal governance, and a reliable checking and balancing mechanism in  federal systems.

    What choice of structural provisions in the 1999 Constitution has done is to knowingly or unknowingly increase the possibility of factional tyranny, the type that regions and later states experienced in the hands of military dictators andnow under elected governments. One question is whether citizens in all parts of the country would have consented to this if they had been consulted before the crafting of the 1999 Constitution, given the circumstances that smashed MKO Abiola’s 1993 victory of the presidential election? The answer to this question is NO, and the departing military dictatorship of AbdulsalaamAbubakar and his coterie of military advisers were fully aware that the election after the death of Abiola would have taken a back seat to constitutional negotiation.

    Another area that is overlooked by critics of the current constitution is the concept and practice of majoritarian rule in a country in which citizens have different cultural and value systems and do not have a hand in the constitution that circumscribes those that govern them. Under the “winner-take-all” electoral system, there seems to be an attempt by the constitution to promote a ‘triumphalist majoritarianism’ in the country. In a recent interview of AngoAbdullahi about the contribution of the Southwest to General Buhari’s victory at the presidential election, he argued that the North had the votes to give Buhari victory. He said if Buhari had failed to get southwest votes, he still would have been qualified for a second ballot and that he would have won a simple majority even if the only votes he got were just from the north. This kind of majoritarian rule is dangerous for multiethnic nations, as it is capable of engendering distrust among federating units.

    Until we are clear about under what conditions all sections of the country want to participate in the Nigerian Union, it is better to just have unicameral legislature that is constituted the same way that the current senate is: equal representation from each state or region. This will save the country from the triumphalism suggested in the claim that oneregion has the power to determine who governs the country, but this must accompany reduction in the functions of the central government. In addition, it will also encourage decision-making by consensus, rather than the possibility of factional tyranny inherent in a winner-take-all system in which votes from non-northern states are not crucial to determination of who becomes president or which region constitutes the ruling majority in both presidential and the legislative elections.

    Another contradiction in the constitution is in respect of Sec214-(1): “There shall be a Police Force for Nigeria, which shall be known as the Nigeria Police Force, and subject to the provisions of this section no other police force shall be established for the Federation or any part thereof.” Although the same constitution recognizes distinctions between Federal and State crimes, and the existence of state courts to adjudicate state crimes, it sees no contradiction in preventing states from creating law enforcement institutions to curb crime. Isn’t the noise about the police handling of the recent Ife crisis an illustration of tensions that can arise from built-in contradictions in a document that should ordinarily not harbor any ambiguity?

    It seems that those who are opposed to sovereign or constitutional conference believe that the 1999 Constitution protects their special interests in ways that they are not ready to admit openly. No country can claim to have a constitution, if significant portions of the population complain that such constitution was crafted behind their backs and against their interests. No country that requires national unity can afford to ward off calls for a people’s constitution. Those trying to label demands for a new constitution (as indirect attempt to destroy the unity of the country)may have joy in playing the ostrich, but the reality worldwide is that traces of domination of others in a federal system often leads to self-help on the part of federating units. The Soviet Union is a case in point.

    If anything, a constitution that says one of its chapters is not binding or euphemistically calls it non-justiciable should worry all democrats. A constitution that foists imperial presidency on the people even when many clamor for parliamentary system, all in the name of majoritarianism appears not to be genuinely concerned about unity. Any constitution that comes into force through a process that avoids to ‘hear’ from many of its citizens and federating units is taking a great risk with its shelf life. That the National Assembly has chosen to privilege legislative sovereignty above sovereignty of the people by seemingly making a career of constitutional amendment may give impressions of legislative activity, the type that may make such activity perpetual. Demands for a properly negotiated and ratified constitution by the people are not likely to go away, for as long as citizens feel (as many currently do)prevented from having a chance to sit down to determine the provisions which they prefer to constrain all ruling groups at the federal and state or regional levels, as was the case when Nigerians went into nationhood voluntarily in 1960.

     

    • Roposek@msn.com
    • Concluded
  • How democratic is the 1999 Constitution? 3

    To say that the 1999 Constitution has become an albatross is to say the obvious

    It seems to have been reserved to the people of this country to decide . . . whether societies of men are really capable or not of establishing good government from reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force.—Alexander Hamilton
    Every central government worships uniformity: uniformity relieves it from inquiry into an infinity of details.—Alexis de Tocqueville

    In the last piece, we argued that the authors of the 1999 Constitution failed to include the people in deliberating about the kind of constitution they would prefer. In other words, the constitution was not a product of agreement among citizens but an imposition from above. This omission has led to creation of a constitution that has failed to meet the standards of a democratic constitution: institutionalization of equality and liberty subscribed to directly by the people by way of referendum or agreement by duly elected delegates or representatives of the people. Today’s focus is on specific ways in which the 1999 Constitution has failed to meet the expectations of many of the nationalities in the federation about institutionalized equality and liberty.

    In the 1960 Constitution, for example, equality takes two forms: equality of individuals and equality of regions. Equality of persons includes one-man-one-vote principle and equality before the law. With respect to the regions, each region is given its own powers that cannot be arbitrarily taken over by the central government in the name of federal legislative supremacy which is ubiquitous in the 1999 Constitution and in the 1979 version that served as template for it. Powers of the central government are about 12 on the exclusive list of the 1960 Constitution while regions (forerunners of states) had many concurrent functions and residual functions not subject to override.

    For example, in the 1960 Const

    itution that grew out of attempts in 1951 to consult citizens and their representatives about the constitution of their choice, the central government has the following powers: Making grants of money, Implementation of treaties, Income tax and estate duty, Trade and commerce, Banks and banking, Electricity and gas, Authority to administer trusts and estates, Exhibition of cinematograph films, Exemption from Regional taxes with respect to mining, and Evidence.  But in the 1999 Constitution, the Exclusive Legislative List  ballooned from 12 to 68 items which range from railway to registration of business, without any room for residual functions and with the power of the central government to override the 30 items on the Concurrent legislative list.

    Basically, the states under the two constitutions supervised by military governments: 1979 and 1999 have been emptied of the power to have control over their affairs. It needs to be added that unlike in the 1960 federal constitution, the 1999 Constitution gives the central government the power to allocate funds to states and local governments from monies collected into the Federation Account, thus making it possible for some states to collect more than they put into the joint accountand other states to collect less than they put into it, all in the name of even development and quest for unity. For example, persons who have visited both Lagos and Kano cannot but squint while reading newspaper reports of larger allocation of funds to Kano than to Lagos.

    Consequently, the principle of shared governance under the 1960 Constitution was destroyed by the 1999 Constitution. This is enough for citizens who experienced active governance at the regional level between 1960 and 1975 to feel alienated under a constitution that has reduced the states to mendicants running after handouts from a central government which has the function of dispensing funds from the Federation Account. Funds pooled into the federation account is divided among states not on basis of productivity but largely on basis of landmass and population of each state. This is regardless of undying controversy over census since 1960. Further, local government creation which used to be exclusively under the jurisdiction of regions are cast in stone under the 1999 constitution.

    As a result, all the changes in the relationship between central and subnational levels of government in the 1999 Constitution destroyed the principle of equal opportunity among the four regions to the extent of making citizens feel that their states have been turned into colonies of  the central government. Again, the consequence of this arrangement is alienation of citizens from governance. Citizens in states that are not lucky to have supplied the principal executive officers and their legislative counterparts perceive themselves as orphans of the federal republic. Such citizens, regardless of their social status feel frustrated and suffocated by a constitution that they feel has denied them of the liberty experienced under the pre-1966 constitution. States are turned into cry-babies who make a career of shouting against marginalization.

    Similarly, the concept of liberty, which under the 1960 constitution recognized the human rights of individual citizens and regions to have control over their affairs, seems to have been compromised in the 1999 Constitution.  Having rendered Chapter II: Fundamental Objectives and Directive Principles of State Policy non-justiciable, the 1999 Constitution, reads more like a memorandum of agreement between two business partners: the central government as major investor and the states as minor investors.The memorandum not only gives the largest share to the central government, it also empowers it to share dividends to states without any recourse to the contribution each state makes to the success of the business.

    To say that the 1999 Constitution has become an albatross around the neck of the nation and the nationalities that constitute it is to say the obvious. Since almost two decades of its existence, many citizens—high and low—having been calling for restructuring and people’s constitution in the belief that the 1999 Constitution had de-federalized the country in a way that makes the country unstable and economically stagnant.

    Now that the country is at its lowest ebb economically is a good time to pay attention to those calling for re-federalization of the polity and economy. Reading ulterior motives into every call for restoration of federalism will only amount to distraction from the real problem. For example, efforts by partisan pundits to devalue AtikuAbubakar’s call for restructuring as campaign rhetoric ahead of the 2019 presidential election are unnecessary. If potential candidates from the northern part of the country that has been very resistant to demand for a new constitution are now ready to join the conversation about imperative of re-federalization, it is wise to give such politicians the benefit of the doubt. The conviction of the Atikus in the country should be encouraged, as doing so will encourage more of such believers in the role of federalism in development of a multiethnic nation in all regions of the country to join the national debate about how to re-design Nigeria for peace, harmony, and sustainable unity, peace, democracy anddevelopment.

    Finally, the column welcomes formalization in a book form of General Alani Akinrinade’s decades-long conviction about the inevitability of federalism in a country of huge religious and cultural diversity as Nigeria. The General’s recently launched My Dialogue with Nigeria brings to focus his bravery as a soldier during and after the civil war as many of his military compatriots acknowledged a few days ago in Lagos. In addition, Akinrinade’s views on the need for re-federalization to enable the entire country enjoy benefits of the nation’s survival of the civil war in which millions of citizens perished, all in the belief that Nigeria was worth saving is in order. For someone who had participated in the civil war heroically and taken part in many of the governments that de-federalized the country, it is a mark of high intellectual courage and humility (qualities that had never been new strange to him)  to acknowledge in a book that de-federalization of the country through enthronement of a unitary constitution masquerading as a federal oneis not a wise thing to do by anyone who wants a peaceful, harmonious, united, and pro-development multiethnic Nigerian federation. With such avant-garde political views coming not only from Akinrinade, Atiku, and many of the country’s leading politicians at the recent book launch, the new challenge is to turn the debate about federalism into a search for the type of constitution the country needs.

    • To be continued