Nigerian nation can be referred as a cat with nine lives. Since Nigerian Independence, the country has navigated through flash points of developmental strides along with some convulsive periods.
It is certain that the nation has performed credibly going by the amount of crises moments it has passed across. These ugly situations are countless; where do we start from? the political crises that rocked the Western region shortly after independence to the first military coup, the counter coup, the Northern pogrom, the outbreak of Nigerian Civil war that wasted the lives of more than two million citizens.
After the war, countless crisis continued to ridicule the nation. such includes the Maitasine sect, civil disobedience, workers strikes, austerity measure, structural adjustment program, recession, coups and counter coups, youth restiveness, cultism, religious crisis, June 12 election crisis, cult rivalries, hostage taking, thuggery, militancy, regional agitations etcetera.
The great threatening groups were the Egbesu of Ijaw youths, the Odua Progressive Congress (OPC), the Movement for Actualization of Biafra (MASSOB), Niger Delta Avengers, IPOB and present Quit Notice of Igbos from Northern region by the Arewa Youths Council, Fulani Herdsmen.
In the middle of these termites that eats up the nation, the nation has applied numerous administrative ploys to douse the tension that associates them.
In an event of any of these occurrence, the government will promise to get down to the root, set an enquirer and came up with reports. These processes ease tensions but at points of high pressure, the government will listen to the voice of the agitators to put up a contab or constitutional conference all in the name of dousing down tension.
One of the numerous of the conferences that have been convened to douse tensions was the 1994-95 National Constitutional Conference during the regime of Late General Sani Abacha.
The conference was made up of elected members from all states and some appointments from the Federal government and headed by Justice Karibe White. The outcome of the conference was not implemented because it was proposed to be signed into law by October 1998 when the regime of General Abacha was hand over to an elected democratic government.
This didn't actualize because of the death of the general before the date. But the content or acts of the conference has often been sorted as the possible panaceas to numerous national challenges. These challenges hangs more on injustice or marginalization of certain units that called for their aggressions.
Let us go through some of the acts of the conference that would have addressed some of those issues.
Concerning the outcome of the Constitutional Conference, Dr. Alex Ekwueme the former Vice-President of the nation and member of the confab puts its relevance in an article he titled "What Nigeria Lost by Abacha's untimely Death" in 2005 with the quotation below-
"There is no doubt that if it was necessary for anybody to flaunt anti-Abacha credentials, I was in a position so to do. Arguably, there was much that Nigeria gained by Abacha's untimely death, including release of some detainees and prisoners, accelerated transition to elected civilian administration midwifed by his successor, General Abdulsalami Abubakar, recovery of some looted funds etc. Although some of these so-called gains may have turned out in retrospect and with the benefit of hindsight to have been mixed blessings.
However, it is with a consideration of what Nigeria lost by Abacha's untimely death that I am here concerned. Before Abacha's death, "The Constitution of the Federal Republic of Nigeria 1995 (with Amendments)" had been finalized and was to have been promulgated by decree to come into effect on October 1, 1998. This constitution introduced some fundamental changes to Nigeria's previous presidential constitutions (1979 and 1989) based on experience garnered over almost four decades of Nigeria's independence, all calculated to conduce to a stable Nigerian polity within which all Nigerians could truly feel a sense of belonging and which would elicit the collaborative efforts of Nigerians to make the country a great nation".
To highlight a few of the salient and radical provisions of "the Constitution of the Federal Republic of Nigeria 1995 (with Amendments)," to wit:
Recognition of six geopolitical zones
S.229 (4): For the purpose of subsection (1) of this section, the six geopolitical zones of Nigeria shall be as set out in part III of the First Schedule To this Constitution.
Zone/states
• North-Central: Benue, Kogi, Kwara, Nasarawa, Niger, Plateau, and Federal Capital Territory, Abuja.
• North-Eastern: Adamawa, Bauchi, Borno, Gombe, Taraba and Yobe.
• North-Western: Jigawa, Kaduna, Kano, Katsina, Kebbi, Sokoto and Zamfara.
• South-Eastern: Abia, Anambra, Ebonyi, Enugu, and Imo.
• South-South: Akwa Ibom, Bayelsa, Cross River, Delta, Edo and Rivers.
• South-Western: Ekiti, Lagos, Ogun, Ondo, Osun and Oyo.
It has been analysed that the provision of this act is the root of the term "six geo-political zones" that are used commonly in Nigerian polity.
Diffusion of federal executive responsibility
In addition to the offices of President and Vice President and Ministers, the Constitution provides also for the offices of Prime Minister and Deputy Prime Minister:
S. 149(2): "Subject to such reservations or conditions as may be made by him, the President shall assign to the Prime Minister responsibility for the general administration of the Government of the Federation"
S.149(4): "The President shall hold regular meetings with the Vice President, Prime Minister, Deputy Prime Minister and all the Ministers of the Government of the Federation for the purposes of-
a) Determining the general direction of domestic and foreign policies of the Government of the Federation (b) Co-coordinating the activities of the President, Vice President, Prime Minister, Deputy Prime Minister and the Ministers of the Government of the federation in the discharge of their executive responsibilities, "
Single 5 - year term of office for governor coupled with rotation of office of governor etc.
S. 149(4): "Subject to the provisions of subsection (1) of this section a Governor shall vacate his office at the expiration of a period of 5 years commencing from the date when (a) He took the Oath of Allegiance and Oath of Office, "
S.184(1): "A person shall not be qualified for election to the Office of Governor of, (b) He has been elected to such office at an immediately preceding election, "
S.229(2): "The Office of Governor, Deputy Governor and Speaker of the House of Assembly shall rotate among the three Senatorial districts in the state.
If the above provisions is promogated into law, it will take 15 years for the sit of Governor to turn round the 3 senatorial zones of each state. The problem of power shift and cry of marginalization will be over.
Single 5-year term of office for president coupled with rotation of office of President etc.
S. 138(2): "Subject to the provisions of subsection (1) of this section, the president shall vacate his office at the expiration of a period of 5 years commencing from the date when (a) He took the Oath of Allegiance and Oath of Office, "
S. 140(1): A person shall not be qualified for election to the office of President if , (b) He has been elected to such office at an immediately preceding election, "
S. 229(1): "The following six principal offices shall rotate among the six geo-political zones created under subsection (4) of this section, namely -
The office of the Vice President; The office of the Deputy Prime Minister;
The office of the President of the Senate; and the office of the Speaker of the House of Representatives.
With this provision in place, it will take 36 years for the Office of the President, Vice President, Senate President, Prime Minister and Speaker of House of Representatives to revolve round the 6 geo political zones. This will bring to an end the unhealthy rivalry between each of the ethnic groups or states to produce officers of such positions and thereby diffuse the fears of minorities and marginalization that gave use to many militias and agitators in the country.
S. 2290(1): "The principle of rotation enshrined in this section shall be strictly adhered to by the political parties during the transition period of 30 years commencing from the date this Constitution comes into force."
Dr. Alex Ekwueme analysed it in this way:- During this "transition" period of 30 years, at the state level each senatorial district would have filled the office of Governor two times, the office of Deputy Governor two times, and the office of the Speaker of the House of Assembly two times, each term of office being of 5 years duration. At the national level each of the six geopolitical zones would have filled the offices of President, Vice President, Prime Minister, deputy Prime Minister, President of the Senate and Speaker at the House of Representatives for a term of 5 years each. Thereafter, the cry of "marginalization" would have been a thing of the past. The 30-year period would have been used to positively and constructively promote state level and national integration at all levels, following which all positions could then be filled on the basis of merit and competence in the true democratic spirit".
Discharge of functions of President
S. 147(1): "Subject to the provisions of sub-section (2) of this section, if any vacancy occurs by reason of the death or resignation or the removal of the President from office (impeachment) in accordance with section 144, 145 or 340 of this Constitution, the Vice President shall hold the office of President for the period of not more than 3 months during which there shall be an election of a new President from the same zone, who shall hold office for the unexpired term of office of the last holder of the office."
This section when passed into law will guarantee for the safe landing of officer(s) of any zone in the discharge of his duties. The tenure was specifically put to five years and if the president or any other officer of such standing becomes incompetent due to ill-health, impeachment, resignation or death, the election will be conducted within three months after his exit to produce the next occupant of the office from his or her own zone to complete the remaining duration of the tenure.
If this was passed, impeachment move that was ignited against ex President Olusegun Obasanjo for abuse of power would have succeeded with the condition that another person from the South-West zone would be voted to fill the office and complete the tenure. The impeachment bid failed because the other zones saw Obasanjo as a compensation for South-Western ordeals in the hands of Late Sani Abacha.
Again, the early days of Late President Yaradua would have attracted the section of the law to enable his zone to withdraw or replace him. This would have equally played at this time with the health condition of our present President Muhammed Buhari. At this point, if he resigns, the Vice-President Osibanjo from South-West zone will take over as such is uncomfortable to the Northern elites.
Farewell to "Winner takes all"
S. 148(7) "The majority of the number of ministers appointed pursuant to subsection (3) of the section shall come from the political party or parties on whose platform the President is elected."
This is another important act because when implemented, Federal Executive Council will be affair of all effective political parties, not a monopoly of the party in control or the President alone.
The power of incumbency will be neutralized if it is a single tenure duration such policy will guarantee for more free and fair election and healthy rivalry between contestants. This aspect or provisions of the 1994 to 1995 constitutional conference were reenacted in national conference of 2014 convened by ex- President Goodluck Johnathan.
S. 140(1): "A person shall not be qualified for election to the office of President if
(b) He has been elected to such office at an immediately preceding election, "
An incumbent President and incumbent Governors are therefore disqualified from standing election for the same office during their incumbency. This eliminates the incumbency factor and the abuses arising there from in connection with the electoral process.
In summary, because of Abacha's untimely death in June 1998, "the Constitution of the Federal Republic of Nigeria 1995 (with amendments)" was never promulgated and Nigeria therefore lost the benefit of some of its well-thought out provisions which were intended to promote justice, equity, and national unity in the process of transforming Nigeria from a country of many ethnic nationalities into a modern nation state within a "transition period" of 30 years. This is what Nigeria lost by Abacha's untimely death.
To restructure the nation, our legislatures must strive to repeal the policies and draculan laws that brought us to the point of marginalization of certain people especially the minority.
The 1995 constitution was not promulgated and the reasons can be found in the presentation by Dr. Alex Ekweme as " the reason for this is found in the report of the Justice Niki Tobi led constitutional debate coordinating committee set up by the General Abdulsalami government to propose a constitutional for the incoming 1999 Civilian Administration.
The 1995 constitution was not adopted because it was suggested that Nigerians raised compelling reservations" about it, holding forth that it was "a product of disputed legitimacy" and suffered from a "crisis of authenticity in the public consciousness.
Significantly, the above stated reservations emanated mostly from South Western Nigeria, which had officially boycotted the 1994 1995 Constitutional Conference and was therefore not prepared to accept that there was anything good that could come out of it. They, more or less decided to through away the baby with the bath water so to speak, and therefore preferred to settle with "the 1979 Constitution " "which" according to them, " had been tried and tested and, therefore, provised a better point of departure in the quest for constitutionalism in Nigeria."The Tobi committee recommended adjusting document as the new (1999 constitution)".
In summary, the 1994/95 Constitutional Conference when adopted would solve to many troubles that are eating up the fabrics of our nationhood like the termites and shall address especially the issue of marginalization and certain agitations.
See also: Interview: Chief Chukiouenka Odumegwu Ojukwu delegate to the National Constitutional Conference, and the military leader of the 1967 Biafra War. He was interviewed by Uwe Friesecke and Lawrence Freeman in Abuja.-Executive Intelligence Review, Volume 21, Number 30, July 29, 1994
See also: Interview: Chief Chukiouenka Odumegwu Ojukwu delegate to the National Constitutional Conference, and the military leader of the 1967 Biafra War. He was interviewed by Uwe Friesecke and Lawrence Freeman in Abuja.-Executive Intelligence Review, Volume 21, Number 30, July 29, 1994
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