Nigeria's nationality question, democracy and options for survival

By 

Cornelius Adebayo

 

THE Nationality Question is the bundle of issues that arise from the fact or state of belonging to a body of people marked off by common descent, language, culture or historical tradition: the consequences of the interplay of multi-nationalism in a country made up of very many autonomous peoples as is the case in Nigeria. How does a multi-ethnic country like ours survive in unity to the satisfaction of every group without sacrificing the basic principles of democracy? This is the issue today. It has been the issue since amalgamation and the naming of the welter of very different nations as "NIGERIA" for the convenience of colonial Britain. When I was asked to address today's topic, I wondered what was left to be said by or to whoever is interested in this matter and has been listening in the last decade to discussions on the topic. But as I intend to show later I have discovered that not all who have listened have indeed heard.

Well-meaning people, individuals and agencies, Nigerian and non-Nigerian alike have been debating the issue of ethnicity and the survival of the Nigerian Federation since the inception of the Babangida transition programme; and the concern has been overwhelming since the setting up of a Constitution Conference Commission by General Abacha in 1994. There was a debate then as to whether we should have a Constitutional Conference or a Sovereign National Conference because the issues had assumed such proportions as led to the questioning of the desirability or otherwise of the continued existence of Nigeria as one united country.

The debate has continued and indeed intensified since the commencement of the Obasanjo administration which some of us had hoped would prove to be the real transition from military government through civilian governance to an acceptable form of democratic government. I can see the relevance and indeed the urgency of this matter as we approach the year 2003. If we proceed to hold another election without doing something about the state of the nation, we may end up in far greater troubles than we have ever had. Nigeria cannot afford to continue to be governed as it is now being run. Even the Federal Government knows this and so continues to seek views and opinions on the way forward, especially over the thorny issue of an acceptable Constitution for Nigeria.

On this matter, a seminar document: 'Constitutionalism and National Question' has been produced by the Centre for Constitutionalism and Demilitarization (CENCOD) in which issues of Citizenship, Ethnicity, Revenue Allocation, Federalism, etc., were discussed by eminent scholars. The 1st Annual Colloquium of the Ajasin Foundation was also devoted to some of these subjects last November. Distinguished Nigerians and eminent scholars addressed many cogent issues. Hardly a week passes in Nigeria in the last two years when one conference, seminar, lecture or another is not held on this matter. Indeed this very day, distinguished Nigerians and relevant non-Nigerians are arriving Benin City for a Workshop on Democracy and the Economics of Federalism to be held tomorrow (June 5, 2001) under the auspices of the International Institute for Democracy and Electoral Assistance (IDEA).

This is an event in which participants are drawn from diverse backgrounds - politics, civil society, labour, youth, women's issues and academia - to expose issues that can promote democratic reform. I have an advance copy of the valuable document prepared for that workshop - being the result and conclusions of the assessment of the prospects and constraints of the democratic process in Nigeria. Interestingly, the organization is working on the invitation by President Obasanjo to assist in democracy consolidation in Nigeria. I have found their report very helpful and am convinced that it will provide as they expect, a viable "platform for further dialogue between Nigerians regarding the kind of country they seek to build." (From letter of invitation to the workshop.)

I dwell in this detail on the IDEA initiative for two reasons:

  • Attendance of the workshop is bound to be highly rewarding on account of the thorough work done and reports compiled by the team of resource persons who had sought and obtained and documented "a wide range of views across the sectors, communities and regions of Nigeria."
  • Their approach contrasts refreshingly sharply with the recent Federal Government's misdirected effort in the presentation of a Constitution Review Committee's Report at elaborate ceremonies at designated centres across the six political zones in Nigeria. We certainly do not need a jamboree to announce that a report is ready and indicate where and how it can be obtained.

    Even the Abuja gathering of selected leaders from the informally accepted six zones of Nigeria on May 29 and 30 was of far greater value than the government's zonal presentation of documents that should before now have been made affordably accessible to all Nigerians. Indeed, the Abuja meetings and conclusions demonstrate that President Obasanjo, who showed up at the cocktail party during the conference, did admit that a Conference on the future of Nigeria is possible and that such a conference, rather than lead to the collapse of our Federation, stands a chance of being the only means of protecting our oneness and guaranteeing permanent peace between our peoples. Indeed, the Abuja conference conclusions affirm that a National Conference is inevitable.

    A quick response to the day's topic; The Nationality Question and Democracy in Nigeria: Options for Survival, therefore is: There is for now only one option for survival - a Sovereign National Conference, the purpose of which is to consider, address and agree the basis of Nigeria's survival as a country under a Constitution democratically designed by the representatives of all Nigerian peoples and subsequently approved by all Nigerians of voting age in a referendum.

    The Abuja gathering was very interesting. It was described as: "The Special Meeting of Distinguished Leaders of Thought of This Country Convened by the Committee of Concerned Traditional Rulers of Nigeria." It took place on Tuesday and Wednesday, the 29th and 30th May, 2001 respectively at Nicon Hilton Hotel, Abuja, and was designed "to address series of national issues confronting the Nigerian Nation, with a view to finding solutions that will promote the Unity, Peace and Progress of Nigeria." In spite of the controversies surrounding its convocation, especially as regards representation from Western Nigeria and the thorny issue of whether there should be zonal representations from the North as from other parts of Nigeria, or a single list compiled by "Arewa," it was very well attended and its proceedings went remarkably smoothly though not without the occasional raising of voices and sharp exchanges that are inevitably part of such gatherings if participants are serious and sincere. As you must have read in press reports, the most significant resolution had to do with the need to review the 1999 Constitution. "Consequently", it was resolved that "a National Conference should be convened after due consultations, to address the various issues that are threatening the unity, peace and sovereignty of the Nigerian Nation".

    The agenda for and direction of the special meeting was set by the weighty submission of Prof. Ben Nwabueze, speaking for and on behalf of the South-East zone delegation. So weighty and far-reaching was the submission that the leader of the South-West delegation, Senator Abraham Adesanya, the leader of the South South delegation, Senator David Dafinone and the leader of my own Middle Belt delegation, Chief Solomon Lar, all concurred although they went ahead to emphasise areas of special interest to their delegations among the subjects enumerated. To my mind, the Nwabueze treatise summarises the current trend in popular thinking across Nigerian Nationalities about the desire for an acceptable democratically derived Constitution that can guarantee the survival of democracy in Nigeria where, due to the complexities associated with multi-nationalism, the issue is beyond the simple concept of one man one vote. Everyone at the conference expressed commitment to the Unity and Indivisibility of Nigeria but no one supports such unity unconditionally. There are issues that must be discussed and settled at a National Conference because "they go to the very foundation of the country's existence as one united polity and, being thus so fundamental, are beyond the mundane and competence of the President and members of the National Assembly" (Nwabueze).

    These issues include but are not limited:

  • Resource control
  • The religious neutrality of the state
  • Rotation of the presidential office
  • Restructuring Nigeria's Federal system, with Confederal arrangement as an Option of Last Resort.

    My personal position on the matter is very well known. Running For Dear Life (My Work in Exile) has made that clear in several chapters. There is now no alternative to a Sovereign National Conference. Indeed, my "Author's brief comments" at the launching of the book on 23rd October, 2000 was designed to address the fears of those who feel threatened by a SNC. Please permit me to quote the relevant portion of that statement.

    "Let me state clearly here and now that the sovereignty ascribed to the Conference of Nigerian Nationalities and other interest groups refers only to the sovereignty of the Nigerian people through a national referendum, over the approval or rejection of whatever conclusions that may be arrived at, at the end of the conference. That is to say that when the conference delegates have haggled, negotiated, given and taken, and produced a document, essentially the product of patriotic and responsible agreements and compromises, the government of the day, be it the executive, legislative, or judicial arm, shall have no power to alter or in anyway tamper with the document. Every Nigerian of voting age entitled and registered to vote shall participate in a nation-wide referendum specifically organised to accept or reject the proposals. Sovereignty is of the people, not of conference delegates. Upon approval, the relevant sections shall be codified into The New Nigerian Constitution and other administrative instruments.

    "It is not proposed, nor would it be reasonable to expect that a National Conference convoked specifically to address and determine critical issues concerning the survival of the federation would subsume, subvert or in any way interfere with the normal responsibilities of the elected government at any tier".

    I went on to say and here now re-emphasise that "the process of convoking the SNC in a democratic setting can only be through legislation. But the legislative process at the National Assembly is bound to be long and tedious. There would be public hearings and a national debate to determine, not only the issues to be tackled but also the mode of composition and of election or selection of delegates such that every Nigerian nationality and agreed interest group shall be judiciously and equitably represented and all fears - real or merely perceived - duly addressed".

    But there is now justifiable concern about the way that this matter is being dragged. You will remember that I saw the sarcasm in the President's response at the presentation of the third interim report of the Presidential Committee on the Review of the 1999 Constitution on Thursday, October 19, 2000. Let me quote him again:

    "The beauty of democracy is that you are constantly dialoguing, you are constantly debating, you are constantly interacting and we are constantly widening the frontiers of our inclusion of whatever we are to do".

    As I had feared, I fear even more now, that we may widen and widen the scope of consultation but do nothing until we are confronted with a fait accompli and have what we hope would be a four-year transition extended in the first instance perhaps, to an eight-year interregnum. Whatever needs be done must be done to prevent this situation. If the conclusions of the Abuja Conference organised by the Traditional Rulers is anything to go by, Nigerians are ready for the Conference and the legislative processes must begin at once. If the National Assembly is tuned in to the people it represents, it can produce the necessary law within the next few weeks.

    A Committee has been set up at the Abuja meeting, made up of three representatives of each of the six zones now informally adopted for political purposes, to work out an agenda for the conference. Within that body, each interest group must seek accommodation for an effective input.

    On attendance at the conference, some of us have always advocated for equitable representation of all the nations within Nigeria, irrespective of size, as well as the accommodation of representatives of Civil Society, including Labour, the Security Services, Pro-democracy and Human Rights Movements, a reflection of gender sensitivity and the recognition of vulnerable groups like women, youth and children. But I have heard strong views expressed on this matter at the Abuja Conference, to the effect that Nigeria as a federation is of nationalities and members of every interest group who consider themselves stakeholders must belong to one of the federating nations or groups through which their views can be presented. This is an issue that must be carefully considered and speedily resolved. The mechanics of convoking a National Conference must be quickly settled.

    Of course, papers and proposals can be presented by anybody. No one has opted for the dissolution of the Nigerian Federation. Most people insist on a reduction of federal might without weakening the base of our union. Everyone agrees that injustices of the past must be addressed and redressed while equality must be guaranteed and the possibility of domination of one nation or group of nations by another must be prevented. Democracy is about addressing common concerns equitably, and federalism remains the best way of harnessing the positive aspects of ethnicity in order to reduce its negative attributes in a multi-national state.

    As a believer in true federalism, my discomfort can be imagined as I listened to the National Champion Newspaper's Better Society Lecture 2000, delivered on Monday, 30th April, 2001 at the Nigerian Law School Auditorium. I was the chairman on that occasion while His Excellency Prof. Jibril Aminu, FAS, FNAEd, was the lecturer. He spoke on WHO WANTS A TRUE FEDERATION? He proceeded, rather ill-informedly to my mind, to condemn the concept of federalism as the system of government best suited for Nigerian. It is his view that Nigerians prefer the unitary system and that;

    "The fertile debating ground of 'true federalism' is a convenient diversionary tactic in place of the daunting and demanding task of development." WHO WANTS A TRUE FEDERATION? 30th April, 2001. Unfortunately, the book is not paginated.

    Of course, we all know how the processes of meaningful development have been hindered by the consequences of progressive erosion of the principles of federalism upon which Nigeria is established as a Sovereign Country. Indeed, the Middle Belt submitted, at the Abuja Conference:

    "While we appreciate the creation of states with the attendant devolution of power to units of our populace, we now discover that the states do not constitute viable units of the federation and do indeed have far less powers and developmental relevance than the provinces within our old Regions. Of course, regional self-determination has long since become a thing of the past. Bureaucracies have been multiplied at the expense of physical and economic development."

    But it is Prof. Aminu's view that: "No one is complaining of the creation of states even though the exercises broke up ancient kingdoms, like Borno, Kano, Oyo, Sokoto, which long outdated the British. They also know that, with each new state, the Federal Government becomes proportionately stronger heading towards a Unitary System which I personally think is the answer and which is where we are heading eventually."

    I am sure you know why I said at the beginning of this lecture that in spite of all that has been said over the years, some people are listening but not hearing. Given the circumstances in which States and Local Governments were created and the imposed system of revenue allocation, who would not want more States and Local Governments? But it is in spite or perhaps because of the bastardisation of the political system through these inequalities and unscientific states and local government creation exercises that people clamour for a return to fiscal federalism or "true federation", as we knew it with necessary adjustments to take care of long standing demands, which predated our independence. Even General Obasanjo asserted, as quoted at page 197 of my book that:

    "With the atomisation of Nigeria by means of state creation almost to the point of rendering the constituent units prostrate, I find the concept of zones as the basis of our federation worth examining. At this stage of our development, we cannot abandon the federal system but perhaps the federal units should be zones rather than the existing states. Each zone should be large enough to be viable... The time has come when as a mark of true federalism, revenue resources and responsibility of each constituent component, should determine wages and salary scales of each constituent unit".

    General Obasanjo has, of course, since reversed this sensible idea in one of his earliest presidential pronouncements in which he unilaterally and I must say illegally decreed uniform national wage.

    We were examining Jubril Aminu's treatise on federalism. People have asked me why, I, as Chairman of the occasion, did not use my position to give something back. I would have needed as much time as he had to respond to his provocative, at best naive but often downright insolent and insensitive views. He spoke often, with the arrogance of the conquistador with a passion for the pacification of a downright primitive people. It took his current posting in America to understand the call for State Police-

    "...I now live in a country with Federal State and even county police. But that is a country electing police chiefs and even some judges. No politician there can misuse the police."

    What stops us from applying here those checks and balances that make the Federal system of policing work there? Is there any federation in the world where policing is the exclusive responsibility of the government a the centre?

    As a matter of fact, as far as true federalism is concerned, the only discordant note today is from the Arewa Consultative Forum, which insists on seeing the old North as indivisible in spite of stringent cries from the Middle Belt for a distinct identity, citing the Delta/Edo situation in relation to Yoruba land with which they made up the old Western Region. The Middle Belt is gone. The only issue in contention really, is the settlement of internal boundaries between what is left of the North with the excision of the Middle Belt. One hopes that the Ambassador can take time off, and return home to be part of the final settlement of this important issue, particularly as regards the settlement of "his people", the Fulbe. It is as illusory to talk now of One North as it is to refer to one West without recognising the "freedom" of the Union of Niger Delta.

    When he made a case for social mobilisation, Prof. Aminu put his finger on a crucial issue. He was right in his condemnation of past fire-brigade mobilisation effort, but he was putting the cart before the horse when he said:

    "If ever a National Conference is required, it is how to embark on social mobilisation, to take the people along as partners in national development. It will be a glorious revolution if the masses rise up as genuinely convinced partners with the leaders and the governments".

    What an idea! A National Conference on how to embark on mobilisation? This very occasion is one of the continuing processes in the mobilisation of the people of Nigeria for the National Conference! The people have risen up. They are up - standing and loudly demanding to be heard by the government. The future of Nigeria, if it must survive as one country under democratic rule, must be determined by the people themselves; the many nations that make up the Federal Republic of Nigeria. The people are mobilised and ready and government must respond or risk the break up of one of the most promising countries in the world.

    Finally, there is yet another option which I gave before but to which people have not responded. In an address captioned, Making Things Work in Nigeria: Challenges, Strategies and Opportunities, presented in St. Louis Missouri on Saturday, July 17, 1999 and beginning at page 262 of RUNNING..., I said (P. 273):

    "I am (however), willing to concede that if any nation or peoples within the Nigerian Federation opt out of the principle of sovereignty, provision should be made for direct Federal control of such a territory in the way that Westminster directly controls the affairs of England, since, as we have just seen, Westminster's direct control of England does not affect power devolution to other nations within Great Britain. The Colony of Lagos was run the same way by the Colonial Government after the rest of Nigeria gained self-government. Independent Nigeria's Federal Government similarly ran Lagos as Federal Capital before states were created by the military. Abuja is today governed in the same way. In the words of Dr. Mahmud Tukur, in an interview with Weekly Trust quoted in TELL Magazine, No. 28, July 12, 1999":

    "The idea of Federation for Nigeria should be to make it possible for the various groups to have as much say and control of those matters which concern them alone and which do not touch on the rights and interests of other communities. Why should anyone quarrel with that idea?"

    Text of a lecture delivered by the former civilian governor of old Kwara State,  at a rally organised by the Campaign for Democracy (CD) in honour of slain pro-democracy activist, Alhaja Kudirat Abiola.