RESTRUCTURING THE NIGERIAN FEDERATION

 

In a recent press statement, that has already gone viral on Social Media, Alhaji Kashim Shetima, former Governor of Borno State, current Senator and Vice-Presidential Candidate to Chief Ahmed Bola Tinubu, the Presidential Candidate of the All Progressives Congress (APC), displayed unpardonable gross ignorance, and his primitive instinct, regarding the genuine calls for Restructuring of the Nigerian Federation. When asked to state his views on the debate concerning the restructuring of the Nigerian Polity, he quickly, undiplomatically, undemocratically and honestly, quite unstatemanly, retorted: “Elon Musk is talking about constricting the journey from London to New York, to about thirty-one (31) minutes. But unfortunately, unfortunately, the topical issue in Nigeria is Restructuring. Restructuring, my foot! To Hell with Restructuring!”

If an adult Nigerian, who apparently secured two terms as the Governor of a State, is a current Senator and even a Vice-Presidential Candidate of one of the three major leading Political Parties in Nigeria, can give such an infantile, foolish and irresponsible response, to an issue as topical and important as this, then, there is certainly a compelling need to educate and enlighten the Nigerian public on the imperatives and challenges of restructuring the Federal Republic of Nigeria.

This is because, it simply means most Nigerians do not have the faintest idea of how important and germane, the issue of restructuring our country, Nigeria, is to our overall stability, co-existence and development. In this article, we hope to shed some light on this very important and complex subject, that has become a daily concern for most Nigerians, both as individuals and as social cleavages. By social cleavages here we mean, those divisions in Nigerian society that are based on ethnicity, religion, class, region, gender, language and even caste. Why has the issue of restructuring the Nigerian Federation, become so central to the social and political debates going on in Nigeria, that even Alhaji Shetima, acknowledges its topicality? If and when it is to be done, as some of us sincerely do believe, what are the critical imperatives and challenges involved in carrying it out?

These are some of the issues that this paper hopes to address. In the process, we also offer some policy suggestions on how these challenges could be addressed for the restructuring of Nigeria to be usefully and effectively done. We also suggest the Political Party that is ready, willing and will be able to restructure the Nigerian Federation in a manner that will be satisfactory and acceptable to all groups and individuals in the Country. It will also guarantee our rapid long-term and sustainable development, good governance and co-existence as a harmonious, united and strong Nation, that will contribute its quota, also to the development of peace, justice, equity, security and stability of the African Continent and the whole world, as well.

It is not surprising, that any mention of Restructuring the polity, tends to generate several reactions from the different sectors and social groups in the society. This is because the Constitution is the basic legal document that stipulates the power relationships between individuals, groups, corporate bodies and Governments. That Constitutions provide the basic framework for the conduct of affairs in modern societies is already well-known. Any review or restructuring, therefore, is seen by the various ethnic groups, sub-national units, and other social cleavages, as an opportunity to tilt the legal document in their favour. Basically, then, it can be seen that Constitutions are as much the harvest of the political and economic experiences of extant societies as well as anticipations of future ones. Constitutional Review and Restructuring, therefore, become an arena for power struggle for the subordination, emancipation or dislodgement by the previously subordinate or dominant ethnic groups and classes, real or imagined.

The anticipatory role of any Constitution, though probably the most problematic, has scarcely received much attention by public commentators, scholars, and politicians alike, comparable to its static sections and clauses, for instance. In countries such as France, China and Nigeria, the anticipatory roles of their ‘old’ Constitutions, have been clearly unsatisfactory. This is manifest in the fact that they have repeatedly undergone substantial revisions, total abolition or have remarkably been amended or restructured.

In contemplating any Constitutional review or restructuring in Nigeria therefore, the Government has to avoid the temptation of being constrained by the prevailing public temperaments, if Nigeria is to produce a document that will stand the test of time and protect her present and long-term national interests. This cannot be possible if the Government in power pretends to be completely neutral to the form, character, proceedings and outcome of a Constitutional review or restructuring.

As Managers of the State, holders of State power, whether at the Executive, Legislative or Judicial Arms, have the wanton responsibility of ensuring that the National Security and long-term interests of the nation over which they preside are not allowed to be undermined or even sacrificed at the altar of any Constitutional Review or Restructuring.

There are various ethnic, regional and other sectional agendas, that are being advocated for inclusion for consideration in the constitutional review and socio-political restructuring, which are the hottest issues in Nigeria at the moment. There are also other matters which we believe should constitute the Government’s stand vis-à-vis the various sectional interests.

There are prevailing public temperaments that currently inform the public opinion in Nigeria. These obviously have beclouded the views of different ethnic groups, regions, and States over any proposed Constitutional Restructuring. It is true that certain groups, especially the radical and human rights movements, have been advocating for one form of National Restructuring or the other, to deal with what they consider as the “National Question”. These agitations have become highly magnified to the extent that other regional and ethnic groups have also joined. These have to be addressed so as to place into proper perspective the limitations and modalities needed to be placed on the extent of the restructuring, when it is to be done, by the Government in power.

The Nigerian political, social, economic and security conditions, which will invariably affect the Constitutional Restructuring, will be discussed here. This is because, we all do know Politics is about power and the game of power sharing. Mainstream social science research sees politics essentially as the authoritative allocation of valued resources in society. These “valued resources” could either be material or status in nature. It could be for a nation, region, ethnic group, or some other form of socio-political configuration or even an individual.
But we do know that politics is also about the legitimation of the prevailing social system. This is because, inherent in human society, such authoritative allocations tend to be unequal in the perception of those who compose such a society, whether real or imagined. Thus, legitimation becomes necessary to prevent such a society from falling apart or disintegrating.

The debate over political power in Nigeria recently has elevated the issue of power-sharing into what has popularly become known as the “National Question”. National Question deals with the forms and patterns of power-sharing within a nation-state among the social cleavages that exist in that society. By social cleavages here we mean, as stated above, those divisions in a society that are based on class, gender, ethnicity, regionalism, language, religion, caste, race, and even statism.

Another way of ensuring that the Constitutional Restructuring does not degenerate into an avenue for precipitating the disintegration of Nigeria is by insisting, that the unity of Nigeria is NOT contestable. This is very important because, already, certain radical, regional and ethnic groups or even eminent personalities, are advocating for a National restructuring through a Sovereign Conference. Basically, a Constitutional Conference is one in which selected and/or elected eminent citizens meet to debate and suggest revisions to an existing Constitution of their country, which they forward to the regime in power and/or the existing legislature for consideration and passing into law, if agreed by the regime, or the National Assembly, accordingly. In this case, Constitutional Conferences are by nature advisory.
A Sovereign National Conference, on the other hand, is one in which eminent citizens are elected and/or chosen and assembled to debate the state of the Nation, including, of course, its Constitution. In the case of a Sovereign National Conference, the outcomes are not referred to the Government in power or even the National Assembly for approval, before their implementation becomes obligatory on the regime in power. The outcomes are sometimes not even subjected to a National Referendum, before they become law and subject to implementation, at all cost, by the Government in power.

It is our suggestion, that the sovereignty of these debates and conclusions should be limited. Whatever decisions they arrive at should be subjected to the approval of the National Assembly. In this way, the Government would be able to forestall the promulgation into law of certain decisions that may be arrived at out of these deliberations, which might be antithetical to our national interest. Alternatively, if they are to be implemented, they should first be put to a National Referendum and approved.

It is not all National Governments that desire or have seen the need for the Restructuring of the Nigerian Federation. As the opening quote above from the Vice-Presidential Candidate of the APC, Alhaji Shetima shows, not all Governments in Nigeria or Political Parties, have seen the Restructuring of the Nigerian Federation as necessary or even desirable. The President Buhari led APC Government is such a Government.

The APC, as a Party and even as a Government, since they are currently the Political Party in Power, are totally opposed to restructuring the Nigerian Federation. They believe that the 1999 Constitution, currently in existence is good enough. It should never be tempered with at all cost. Clearly, this is a Minority View in Nigeria at the moment. Most Nigerians and social cleavages in Nigeria believe that the 1999 Constitution is not just imperfect, but is clearly responsible for the insecurity, underdevelopment, and other political, economic other social crises in the Country at present.

Space constraints have not allowed us to enumerate them here. However, we refer those who desire to understand these issues in-depth, to read the two most recent books on this subject:
(i) Dan Mou, Making of an African Giant: State, Politics and Public Policy in Nigeria (London and Bloomington, Indiana: AuthorHouse, 2015), Volumes 1 and 2; and
(ii) Dan Mou, Securing of an African Giant: National Security, Good Governance and Nation Building in Nigeria (Top African Publishing House, 2019).

For most of us, however, it is even fortunate that the APC Government, under President Buhari, did not see the need and has not, therefore, considered restructuring the Federal Republic of Nigeria or even reviewing the 1999 Constitution. Thus, as we noted above, is purely politics and the game of power. The military-imposed 1999 Constitution of Nigeria, clearly favoured certain vested interests and gave opportunity for a Section of the Country (the North) and even one ethnic group (The Fulani) to dominate the whole country. Thus, despite the Federal Character Clause, that was what the APC Government, under President Buhari, has done since coming to Power in 2015. Thus, real politics and selfish interests dictated his negative predisposition to restructuring Nigeria or even reviewing the unfair and discriminatory Sections and Clauses in the 1999 Constitution.

In a way, Nigerians are lucky that the APC Government under Buhari did not temper with the 1999 Constitution. Given the evil policies that dominated the APC Administration, things would have been made worse had they attempted to restructure the Federation. In other words, useful and meaningful restructuring of the Federation of Nigeria is better done under a Party and Government that practices good governance and believes in equity, social justice, fairness and equality of opportunities and equality under the law. These are virtues that Nigeria and the whole world know, were completely lacking under the APC Administration, led by President Buhari.
Clearly, then, all Nigerian Voters who desire for Nigeria to be restructured should never vote for the Tinubu/Shetima Presidential Ticket of the APC. Restructuring will certainly, not be the key consideration of their Government, should they be mistakenly and against all reasonable expectations, win the 25th February, Presidential Elections in Nigeria.

Another of the three leading Political Parties is the Peoples Democratic Party (PDP). Even though the Manifesto of this Party also list restructuring of the Federation, as one of their key concerns, those who know the Presidential Candidate of the Party, Atiku Abubakar very well believe this to be mere deception. Like Buhari, after winning elections, he is most likely to disregard it. Political deception, as President Buhari has shown since 2015, has become a strategy for winning election in Nigeria.

But even if Atiku Abubakar wants to restructure the Country after winning the Presidential election, discerning observers, already know that such a “restructuring” of Nigeria, is most likely, going to be worse than what we have in the 1999 Constitution at the moment. Several reasons have led us to this conclusion.

First, policy-wise, the PDP (especially under Atiku Abubakar), and the APC are basically the same party. Bola Tinubu was thus right when he declared in one of his Speeches at the APC Rally that, he was seeking to be elected President under the platform of the “PDAPC” Party. Thus, all that PDP under Atiku Abubakar, can give to Nigerians is the continuation of the same evil policies of the APC under President Buhari.

Second, from Atiku’s Policy Statements during his Campaign Rallies, it is easy to deduce what his policies will be if by chance, he is voted in as the next President of Nigeria. For example, Atiku supports Buhari’s very evil policies of Ruga, APC Policy of Confiscating all Water Ways throughout the Country and the takeover by the Federal Government of all lands in the Federation, belonging to the Natives, but held in trust by the State Governments. Like APC Government under Buhari, their goal is to find “free lands” where they will settle the Fulanis from other African Counties in Nigeria. Some of these Fulanis, who they have already illegally brought into the Country, are already causing serious security, political, economic and social problems in our Country.

Third, all that Atiku sees as “restructuring of the Federation” is truly laughable and unfortunate. What the Presidential Candidate of the PDP, Atiku, offers as his policy of “restructuring” is basically carrying out these dangerous policies President Buhari has been pursuing since 2015, when he came to power, some of which have been mentioned above, and changing the Nigerian Constitution of 1999, to “legitimize” these evil policies.

The Party that promises and it appears, is definitely going to carry out the restructuring of Nigeria that will promote unity, development, peace, security, prosperity, social justice and equality for all social cleavages and individuals in Nigeria, is the Labour Party (LP), under the leadership of Peter Obi. This conclusion has been reached based on Peter Obi’s Campaign Speeches and even the Manifesto of the Labour Party.

Out of its Seven Point Agenda, the Labour Party included the need for restructuring the Nigerian Federation, as a key item. The Manifesto of the Party states clearly that, if Nigeria, the African Giant, must do well, restructuring is a must! Obi/Datti, as the Presidential Team of the Labour Party, intend to restructure the polity, by restoring the current institutions and the legal framework that would promote rule of law and protection of the fundamental rights of all citizens and groups in Nigeria.

Thus, in conclusion, let us make it clear that all Nigerians who want meaningful restructuring of the Federal Republic of Nigeria, especially Voters, must campaign for and massively vote for Peter Obi, the Presidential Candidate of the Labour Party. Of the three leading Political Parties, only the Labour Party could give them what they want, as far as restructuring the Nigerian Federation is concerned.

Dr. Dan Mou, a Public Policy and National Security Expert, is currently the Executive Chairman of the Centre for Poverty Eradication, Development and Equal Opportunity (CEPEDEO), Abuja, Nigeria.