The restructuring conundrum and 2019 elections

FOLLOWING the 1914 amalgamation of the southern and northern protectorates of Nigeria into the Nigerian State, the British colonial masters and the Nigerian elite undertook several constitutional conferences to determine the constitution/form of government best suited to the peoples of Nigeria. From 1914, there was the Lugard Constitution, followed subsequently by the Sir Clifford Constitution of 1922 and the Arthur Richards Constitution of 1946 which effectively divided Nigeria into East, West and North. This was followed by the Macpherson Constitution of 1951 that indeed introduced Federalism as our system of government after consultative meetings with Nigerians at the Community, Divisional, Provincial and Regional levels. However, to further deepen Federalism the Lyttleton Constitution of 1951 was enacted. These constitutions were enacted by the British after Consultative Meetings (conferences) with Nigerians. Finally the British after massive struggle for independence by our Nigerian nationalists enacted the 1960 Independence Constitution. By an act of parliament Nigerians now enacted the 1963 Republican Constitution which we ran until January 15, 1966 when the military struck.

As a consequence of the successful coup of January 1966 the 1963 constitution was suspended and the military ruled Nigeria by decrees. The Military Government of General Aguiyi Ironsi promulgated the Unification Decree 34 in May 1966 which centralised power with the National Government whilst effectively scrapping the regions. The North perceived this decree as a domineering strategy by Southern Nigeria (specifically the East) over Northerners. This among other reasons (revenge inclusive) led to the counter coup of July 29, 1966 organised by Northern soldiers who now seized power, but rather than return the country to Regionalism/federalism created more states out of the previous four regions, continued with the almighty National Government at the centre ‘incorrectly’ restructuring will need to consult with the people through named the Federal Military Government of Nigeria. This conConsultative Meetings (conferences) possibly at the Comtinued with subsequent military governments until a return munities, Local Government Areas, and the States levels. The to civilian rule in 1979. The 1979 Constitution was a product outcomes of these consultations/conferences can now be of the military and was modelled after the unitary system of distilled into requests/bills for the amendment of the 1999 the military. The constitution making was by fiat of a miliconstitution and forwarded by the President to the National tary decree, we the people, were not involved in its making. Assembly for consideration. Thus all Nigerians who believe The 1979 constitution boldly proclaims a Federal Republic of in the restructuring of the country would lobby their repreNigeria but with a high concentration of power and resentatives at the national assembly to pass the bill so subsources with the central government using an Exclusive List mitted by Mr. President for amendment of the constitution of items only the centre should handle, whilst creating a in line with the outcomes of the consultations/conferences. Concurrent List of items the state governments can handle Once the bill is passed at the National Assembly, it will therealong with the central government. Consequently Nigeria after circulate to all the State Assemblies and once the rebecame a federation in name only but for all intent and purquired two thirds of the states of the federation approve the poses a Unitary State. The 1999 constitution is basically simiamendments, it is returned and presented to Mr. President lar with that of 1979. for Assent and the Constitution at that moment stands

From 1999 to date, we have been operating a unitary sysamended and the country restructured accordingly. tem of government in reality whilst masquerading to be a The 2005 National Reform Conference of President OluseFederal Republic. Fast forward to 2018, most Nigerians now gun Obasanjo and the 2014 National Conference of Presiwant a return to the Federal Constitution of 1963 or somedent Goodluck Jonathan probably failed because the thing very close to that, it is christened Restructuring. We as Reports were not sent as Executive Bills to the National Asa people are now divided into those who want restructuring sembly to amend the 1999 Constitution to reflect the outand those opposed to it. Politicians are now using it as a camcomes of both conferences. This we must avoid as we move paign issue and they have made promises post 2019. This is forward. This in my considered opinion is the way forward. thus a realistic assessment of how we can achieve RestrucAny expectation that any government/president can simply turing because according to Socrates ‘the secret of change is proclaim Restructuring is misplaced in a civilian constituto focus all your ENERGY not on fighting the old, but on tional government, as it will amount to suspending the conBuilding the New.’ From the historical perspective, we were stitution that such a president has sworn to uphold. The able to ‘restructure’ our constitution in pre independence other alternative is a military decree restructuring the countimes vide consultation/conferences of the people and eventry, but this will mean the death of democracy which we tually the enactment by the British Monarchy/colonial govnow enjoy and going back to the uncertainties of our past ernment. Since independence we have enacted our military era and the unknown consequences therein. constitutions only through military decrees. Therefore, to restructure the current 1999 constitution as amended can only be by an act of parliament in line with the provisions for constitutional amendments as laid down in the constitution. Consequently, any government that wishes to pursue