Former Lagos State Governor and Action Congress of Nigeria (ACN) national leader Asiwaju Bola Tinubu yesterday described the late activist, Dr. Beko Ransome-Kuti, as a decent, honourable and patriotic Nigerian, who relentlessly struggled for the adherence of democracy and social justice.
Tinubu, who spoke at the Seventh Beko Memorial Anniversary at the Ikeja Airport Hotel, Lagos, urged Nigerians to not only celebrate Beko, but to adhere to those principles he stood for.
The former governor, who was represented by a frontline scholar and essayist Prof. Adebayo Williams, noted that the theme of the symposium: ‘Constitutional gridlock: the way forward”, was apt as it called for a reflection on the fundamentals of the Nigerian nation.
Those who attended the event organised by the Centre for Constitution Governance (CCG), included Ekiti State Governor Kayode Fayemi and his wife, Bisi, former military governor of Lagos, Rear Admiral Ndubuisi Kalu, former Vice- Chancellor, Obafemi Awolowo University, Prof. Wale Omole, former Ekiti State University Vice-Chancellor, Prof. Akin Oyebode, Itse Sagay (SAN), Prof. Bayo Okunade, rights activist, Mr. Femi Falana (SAN), among others.
Tinubu said: “The 1999 Constitution is the law that gives validity to all other laws and specifies the basis of our co-existence as a nation. The Constitution should be a law that we subscribe to, having fully agreed to its contents.
“It should be a law that every Nigerian can identify with, that every Nigerian can defend with his life. Sadly, this is not the case.
“One very obvious reason for this is the oft-noted but fundamentally important observation that the 1999 Constitution is a document that does not meet the needs of the people and does not reflect their will.
“That the constitution states that: ‘We the people of the Federal Republic of Nigeria do hereby make, enact and give to ourselves the following Constitution’, is not reflected in its content and application. In fact, we all know that it was a few persons selected by the military junta that collected some views, collated them and wrote a report.
“Today, the 1999 Constitution, as contradictory as it is, is still being applied in a unitary fashion that is inimical to running the country like a proper democracy. This is why we are still having problems about its operationalisation with an inefficient, greedy and over bloated Federal Government engaged in constant power grab with the states and local governments.
“Responsibilities meant for the states and local governments are being contested for by an already cumbersome Federal Government. The 1999 Constitution is unworkable and it is not of the people, by the people and for the people.
“No wonder, due to the cumbersome nature of the constitution and the abuse it constantly suffers, it has become difficult to fight corruption at the centre. The overbearing nature and excessive powers it offers make effective supervision impossible.
“The rationale behind the creation of the 36 states of the federation was with a view to bringing development closer to the people. However, most of these states have ‘Unfunded Mandates’ because of a central government that gobbles up almost all the resources and in a constant grab for power and more resources.
“This negates the very essence of democracy and what should be the spirit of the constitution. Matters better left to states to administer are being contested for by a fat belly central government.
“The central government runs a multiplicity of bodies that are duplicative and a waste of resources that can be channelled to other tiers of government. For instance, why do we need a Ministry of Police Affairs when we have the Police Service Commission? Why would the central government dictate to states or warehouse the funds meant for developments in the states under the Sovereign Wealth Fund?
“Nigeria runs a defective federalism. Beko would have fought against these issues. And that was why until he passed on, he was an undying advocate for the convocation of a national conference.
“For this reason alone, the call for the convocation of a national conference to give to Nigeria and Nigerians a people’s constitution is justified. Sometimes people say why can’t we just live with what we have? Alas, that is what we are doing and see where it has left us! Nigeria is an artificial creation and this artificial creation will only work if and when the federating units are given the opportunity to sit down to talk and agree on the rules for their co-existence.
Dr. Fayemi described the late Ransome-Kuti as a bold and courageous activist who was never intimidated by his friends or power.
He said: “He gave us a sense of hope about the future. We cannot but continue to wonder what our situation would have been if Beko was alive today. He was so pragmatic and believed absolutely in the ability of the people to overcome the worst kind of dictatorship.
“Beko always looked for ways to challenge the ruling class. He had no business fighting for the masses but he did it. Time like this calls for another Beko. This country is in dire need of a leader to take us there and those who belong to the other side do not really care whether Nigeria survives or not.
“So, this is a call on the civil society to rebuild and re-strategise on how to reclaim power.”
The governor described the constitution as a false document, just as he urged those who believe in the Nigeria project to organise a society that will be good for the generality of the people.
“If we do not do anything about the direction this country is going, we will all be victims. We do not need to go to the United States or far away for examples on how to get a peoples’ constitution. We can take a cue from Kenya who just had one about a year ago. We must stop agonising and start organising properly,” Fayemi said.
Oyebode, who was the guest speaker, said the National Assembly was not in a position to produce a constitution for the country. He maintained that it was not the business of the lawmakers to make a constitution and urged them to stop pretending.
He noted that the rule of constitution making was that of the people through a Constituent Assembly or a Sovereign National Conference (SNC), just as he pointed out the 1999 Constitution is bereft of legitimacy.
“The way out of the illegitimacy confronting us is for Nigerians to resolve to do away with the present constitution. The purported amendment will end up an exercise in futility because there are no accredited representatives of the over 400 ethnic groups that make up this nation.”
He decried the situation where the Federal Government is too powerful and said that the country’s federalism was suffiocating.
“The Federal Government is too powerful. We need to reorder, reconfigure and re-establish the way we want Nigeria to be. Nigerian people have the right to go to heaven the way they want to.”
On the late Ransome-Kuti, Oyebode said he paid his dues . The fact that seven years after his demise, you have this crowd here on a Sunday afternoon, is a testimony that he carved a niche for himself. I was overwhelmed when I came in and saw the crowd of people that came here to celebrate the life and times of Beko. No greater compliment can be paid a hero than what I saw here today.
“I was mortified when I heard they want to celebrate 100 years of colonisation. Have you heard when slaves celebrate the times of their slave master? I think it is actually out of scene with the reality of today.”
Falana noted that the solution to the country’s problem was the introduction of a new constitution agreed upon by the people.
He said: “The so-called 1999 Constitution is actually Decree 24 of 1999, which was signed into law on May 5, 1999 by former Military Head of State, Abdusalami Abubakar. Upon accepting the document by the National Assembly, it was understood in legal circles that it would remain a legal document but not a legitimate.
“There is a difference between a legal document and a legitimate one. A legal document is one that has backing of the law, but a legitimate document is the one that enjoys the support of the people, has the input of the people and that is not what the 1999 Constitution is about.
“So, if we want to have a new country, a new society to address the fundamental problems confronting us, we need a new constitution so that we can define our relationships because the present constitution is fraudulent.”
