Going Back to Basics: The Past as Prologue

It gives me great pleasure to speak to you this afternoon at this year’s Barewa Old Boys Association Annual Lecture and Lunch.  Let me begin by thanking the organizers for inviting me to speak on this very important occasion, and giving me the freedom to choose my topic. The theme of my speech today is […]

It gives me great pleasure to speak to you this afternoon at this year’s Barewa Old Boys Association Annual Lecture and Lunch.  Let me begin by thanking the organizers for inviting me to speak on this very important occasion, and giving me the freedom to choose my topic.

The theme of my speech today is based on an observation made by Chief S.O. Adebo on the value of learning from our past and respecting our past leaders. He observed that:

“From my experience of public affairs and my recent dealings with government officials, there is a high level of ignorance of seemingly educated men about past events in this country.  On any major issue many public officers behave as if there had never been a past and that we must copy new fangled ideas and procedures which are then labeled as progressive reforms.  This applies to virtually every aspect or facet of our national life and activity. Needless to say that anything that is new becomes old in the course of time, and if we get into this tendentious habit of disowning not only our past but also our past leadership, we would end nowhere.  Let us learn from them, without forgetting what they did for this country”.

A large part of the problem confronting Nigeria in general and the public service in particular today is the result of an unpardonable ignorance of the past and an unjustified and unwarranted aversion to all the lessons and benefits the past has to offer.

We often live and work under the illusion that only what is new is good, forgetting that it is in the nature of whatever is new to itself ultimately run out of fashion one day.  What is new today becomes old in the course of time; and as Oscar Wilde once said, “Fashion is a form of ugliness so intolerable that we have to change it every six months”.

It is indeed distressing to see supposedly educated and experienced public officers behave and conduct themselves as if matters have no precedent; and they go on to regard and treat the past with so much condescending levity.  They conduct public business as if there has never been a past; and they borrow, and copy, and graft and latch onto every latest fad and new craze with absolute capriciousness, in the end effectively making the public service rootless.

But if we are to progress as a nation we must learn to pay due respect to the past and learn from it and treasure the legacy bequeathed to us by our Founding Fathers and their immediate worthy successors—the pioneer public officers in both mufti and khaki—who toiled to make Nigeria what it is today.

This unfortunate disrespect for the past and what it represented and the disdain for the memory of the great personalities who led our country were the result of a series of disastrous events, beginning with the dumping of the people’s Constitution in 1979.

The Constitution that was drawn up after many years of extensive consultations from the grassroots upwards and after keenly-attended General and several Constitutional Conferences by the representatives of the federating regions was unceremoniously discarded in favour of one enacted after only a few months of discussion by a few of the elite under the direction and supervision of the military.

The imposed Constitution completely changed the tone and character of governance by stipulating that Nigeria should have a presidential system of government; and it went on to foist the presidential system on our country without any justification other than military dictate.

When he inaugurated the Constitution Drafting Committee on 18th October 1975, General Murtala Muhammed made it clear that the Supreme Military Council had come “to the conclusion that we require An Executive Presidential System of Government”. Thus, the Presidential System was really foisted on the country even before the commencement of deliberations by the Drafting committee and subsequently by the Constituent Assembly.

Subverting the People’s Constitution

By the time Sir Arthur Richard left Nigeria in November 1947, the constitution named after him, which had come into effect on 1st January of that year, was already in place and had generally been accepted by the people and was working well.  It was supposed to run for nine years before it would be reviewed in 1956, although minor reviews could be made after every three years, in 1950 and 1953.

Sir Arthur and was succeeded by Sir John Macpherson who assumed duty in April 1948, barely 15 months after the introduction of the new Constitution. He immediately embarked on a four-month country-wide tour of Nigeria ending in August of that year. He then convened a meeting of a Legislative Council in the same month.

He briefed the Legislative Council members on the outcome of his tour of the country and stated that he had observed that the Constitution had been accepted by the generality of the people and it was working very well indeed.  So well that he thought the Council should consider seriously the review of the Constitution at a date earlier than anticipated. He also suggested that if Council accepted his view in that regard the review should start from the grassroots and go up to the highest level.

The Council accepted the suggestion by the Governor and appointed a Select Committee of the Council, comprising of all the 25 Nigerian members of the Council, to work out modalities and submit its recommendations to the Council at its meeting scheduled to take place in Ibadan early in 1949.

The Select Committee recommended that Nigerians at all levels should be involved in the Constitutional review with consultations to take place from village levels to district and divisional levels from among whom delegates would be selected to participate at a provincial conference to take place at each provincial headquarters. The Conference would agree on the type of Constitution it wanted Nigeria to have and would also select its representatives to participate at the Regional Conference to take place in Kaduna, Enugu, Ibadan and Lagos.

The Select Committee also recommended that, Regional Conferences, would elect delegates to participate at the General Conference as well as nominate members to represent them on the Drafting Committee which would “prepare a statement setting out draft recommendations for constitutional changes based on the issues of the Regional and Colony and Lagos Conferences and submit the statement for consideration of the General Conference”.

The recommendations of the Select Committee were approved by the full Legislative council at its meeting held in Ibadan in March, 1949. Thereafter consultations and conferences took place throughout 1949. Delegates were elected by the Regional, Lagos and Colony conferences to participate at the General Conference and also on the Drafting Committee.

General Conference

a)    The members of the General Conference representing the Northern Region were the Emir of Gwandu Hon. Yahaya, the Emir of Katsina Hon. Usman Nagogo, the Atta of Igbirra Alhaji Hon. Ibrahim, the Emir of Abuja Hon. Suleman, Hon. Bello Kano, Hon. Abubakar Tafawa Balewa, Hon. Iro Katsina, Hon. Aliyu Makama Bida and Hon. Yahaya Ilorin, all members of the Legislative Council. The additional members were Emir of Zaria Malam Jaafaru, Malam Ahmadu Sardauna of Sokoto, Malam Muhammadu Wali of Borno, Malam Muhammadu Ribadu, Shettima Kashim, Malam Sani Dingyadi, Alhaji Shehu Ahmadu Sarkin Shanu (Kano), Alhaji Abdulmaliki Igbirra, and Malam Ali Turakin Zaria.

b)    Those representing Western Region were the Ooni of Ife Hon. Sir Adesoji  Aderemi, the Oba of Benin Hon. Akenzua II, the Hon. Akinpelu Obisesan, Hon. T. A. Odutola, Hon. Gaius Obaseki and Hon. A. Soetan, all members of the Legislative Council. The additional members were Mr. A. E. Prest, The Ven. Archdeacon L. A. Lennon, Rev. I. O. Ransome-Kuti, Mr M. A. Ajasin, Mr. S. O. Awokoya and Mr. M. G. Ejaife.

c)    Those representing Eastern Region were Hon. H. Buowari Brown, Hon. C. D. Onyeama, Hon. A. Ikoku, Hon. Nyong Essien, Hon. F. A. Ibiam and Hon. E. E. E. Anwan, all members of the Legislative Council.  The additional members were Mazi Mbonu Ojike, Mr. E. N. Egbuna, Dr.E. M. L. Endeley, Rev. O. Effiong, Mr. M. W. Ubani and Mr. Eyo Ita.

d)    Those representing Lagos were Dr. the Hon. Nnamdi Azikiwe, Hon. Adeleke Adedoyin and Dr. the Hon. I. Olorun-Nimbe—all members of the Legislative Council. The additional members were Chief Bode Thomas, Chief Obanikoro, and Mr. T. A. Bankole.

e)    The Colony was represented by Rev. and Hon. T. A. Ogunbiyi who was a member of the Legislative Council and the additional member was Mr. C. D. Akran.

Drafting Committee:

i)    Members of the Draft Committee representing Northern Region were Hon. Abubakar Tafawa Balewa, Malam Ahmadu Sardauna of Sokoto, and Mallam Muhammadu Wali of Borno

ii)    Those representing Western Region were Dr. A. S. Agbaje, S. O. Awokoya and Rev. I. O. Ransome-Kuti

iii)    Those representing Eastern Region were Hon. C. D. Onyeama, E. N. Egbuna, and A. Akon

iv)    The Colony was represented by Oladipo Amos, Esq and Lagos was represented by Bode Thomas.

The Drafting Committee met in October and November 1948 and submitted statement of recommendations to the General Conference which met throughout January 1950.

The resulting Constitution came into effect on 1st January 1952. It introduced for the first time ministerial and representative system of government.  Its main thrust was the creation of a House of Assembly each for the North, West and East, a House of Chiefs for the North and West, and a House of Representatives at the Centre and also a Central Council of Ministers for Nigeria and an Executive Council each for North, West and East.

Following constitutional crisis occasioned by the self government motion of 1953, it became necessary to convene constitutional conference in London to review the Constitution.

The 1952 Constitution was used as a working document and the basis of discussion to produce the 1954 Constitution, with the enactment of which Nigeria formally became a Federation. An Exclusive Legislative List delimited the powers of the Federal Government, but shared with the regions, responsibility for subjects on the the Recurrent Legislative List.  The regions had residual powers, that is, all the legislative subjects which were not included in the two lists were the responsibility of the Regions. An office of Premier was created in each region.

Thereafter, further constitutional conferences were held in 1957, 1958, 1959, 1960 and 1963. At each conference additional steps were taken towards independence and the attainment of republican status.  In 1957 the Office of Federal Prime Minister was created, the Eastern and Western Regions attained self government status, and the Northern Region gave notice in 1958 and became self governing in 1959.

The main thrust of all these reviews was the proper establishment of democratic institutions and a viable, functional and politically neutral public service particularly the Civil Service, the Police and the Judiciary and in order to formally entrench democracy, the rule of law and proper administration of justice. It could thus be seen that it took our leaders the whole of 15 years to fashion the people’s Constitution.

This was the document that was jettisoned and replaced by a constitution drawn up by military fiat.  Not surprisingly, matters began to deteriorate with alarming speed.  Aside from the fact that the new system was proving too costly, too unwieldy and perhaps unworkable, the so called presidential system of government was just not understood, or practiced or respected; and, even worse, it was at the same time wreaking untold havoc on crucial national institutions that had hitherto served us so well.

The Prime Minister and the four Regional Premiers had taken steps for such a review in September 1965. The leaders planned another review of the Constitution to see if room could be found for improvements accordingly. They had set up a twelve-member drafting committee under the chairmanship of the Attorney-General Dr. T. O. Elias.  Other members were three representatives of the Federal Government and two representatives of each of the four Regional Governments.

But one of the representatives of the Eastern Region frustrated the take-off of the committee when he insisted, on the instruction of the Premier of Eastern Region, that the three Federal representatives included the Chairman. This was in spite of the clarity of the communiqué issued at the end of the leaders meeting that the five of them jointly appointed the Chairman.

To be continued