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No plebiscite, no referendum

By Eric Teniola
05 August 2016   |   3:52 am
Certainly Nigeria’s problems did not start with the adoption of the Presidential System of Government. And neither has the Presidential System of Government solved our problems. In retrospect, the Presidential System of Government ...

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Certainly Nigeria’s problems did not start with the adoption of the Presidential System of Government. And neither has the Presidential System of Government solved our problems. In retrospect, the Presidential System of Government has created more problems for us.

Occasionally we make our voices known through the media but that is where it ends. And that is why in desperation, words like restructuring and regionalism are now taking the front seat in our agitation for a better nation. In other countries of the world, plebiscite and referendum are commonly practised to invite the people to decide on major issues affecting their destiny but not in Nigeria. Everything is just forced on us and most times, as docile as we are, we have no choice.

A constitution is simply the body of rules in accordance with which the powers of government are distributed and exercised. Let us go back to the origin of the adoption of the Presidential System of Government.

On assuming power in 1966, the first thing Major General Thomas Umanakwe Aguiyi- Ironsi did was to suspend the 1963 Constitution under Decree No 1. From that time till 1975, we had no constitution under General DanYuma Yakubu Gowon.

On October 1, 1975, there was a ray of hope on the issue when General Ramat Murtala Muhammed (1938-1976) announced in a broadcast that he would hand over power in 1979. And true to his words he set up a 50-man constitution drafting committee under the leadership of Chief Rotimi Frederick Alade Williams.

A member of the committee, Chief Obafemi Awolowo, GCFR opted not to serve in the committee insisting that having written and participated in the making of past Nigerian constitutions, there was no more to add. On October 18, 1975, General Murtala Muhammed inaugurated the committee at the Nigerian Institute of International Affairs in Lagos. He said on that day that ‘the Supreme Military Council has carefully discussed and agreed on an executive Presidential System of Government. ’

On October 6, 1977, General Olusegun Aremu Okikiolu Obasanjo, inaugurated the Constituent Assembly and re-echoed the stand of General Murtala Muhammed on the adoption of the Presidential System of Government, insisting that members of that assembly were not to change what the Supreme Military Council had decided on the Presidential system of Government. He declared: “May I emphasise that the purpose of your being here is to discuss the draft constitution already by the Constitution Drafting Committee and to come out with your recommendations. These will then be taken to the Supreme Military Council. Thereafter, a Decree on the subject of Constitution for the Federal Republic of Nigeria will be considered and promulgated to usher in the new Constitution”.

On January 10, 1978 the Constituent Assembly then went to the committee stage to deliberate properly on the Presidential System presided over by Justice Egbert Udo-Udoma , then a serving Justice of the Supreme Court from Ikot-Abasi in present-day Akwa Ibom State. Dr. Ibrahim Tahir,  representing Bauchi/Alkaleri, who later became the Talban Bauchi raised a motion objecting to the Presidential system of Government and pleaded that we should revert to the Parliamentary system of Government. He said:” I beg to move the Motion standing in my name on the Order Paper as follows: That this House resolves to amend Chapter VI, Title and Section 109, Sub-section (1)-(3) as proposed and to accept the consequential Amendment to the relevant sections of the same Chapter; and further resolves that the Constitution of Nigeria shall reflect a Parliamentary form of government with such other modifications as the House may decide.”

Tahir advanced further argument that the presidential system of Government was too expensive to operate and that the contradictions within that system will cripple the act of governance. His only supporter on that day was Alhaji Umaru Dikko from Kaduna/ Birnin Gwari constituency.

In opposing Tahir, Chief Richard Osuolale Abimbola Akinjide, from Lagelu/Oluyole/Akinyele Constituency said Tahir was wrong. Chief Akinjide declared “I rise to oppose the motion. With the greatest respect, there is nothing new in the arguments of the Hon. Member for Bauchi/Alkaleri. (Tahir) I had the privilege of exchanging correspondence with him in a foreign journal in respect of whether Nigeria should go Presidential or Prime Ministerial. At the Constitution Drafting Committee (CDC), he was roundly defeated, and although I would not be a judge in my own cause, on the balance of probability in the correspondence in the foreign journal, he was also defeated.

The issue before this House is quite simple. Should this country go Prime Ministerial or Presidential? It is as simple as that. We should not take umbrage in the British history, in the Russian history, or in the American history. The test we have to apply is quite simple. It is a subjective test. It is not an objective test, and that subject test is this. Having regard to our history for the past 17 or 20 years, what form of government is best for this country? All the arguments advanced by the Member for Bauchi/Alkaleri (Tahir) against the Presidential System could also be advanced against Prime Ministerial System and we must consider that there is no form of government in this world that is fool-proof. There is no form of government in which a dictator cannot emerge. All we can do is to try our best and rely on the best judgment of this country.

On the balance of probability, my submission is that a Prime Ministerial system of government for this country is a recipe for chaos. At the chief executive level, you will have what is called bifurcation of authority. You will have the Head of Government, and you will have the Head of State. The Parliamentary type of government does not augur well for stability. The Prime Minister can fall on a vote of no confidence, whereas a President has four years’ term of office”.

It was at this stage that Professor Ben Nwabueze and Mr. Paul Wataregh Unongo requested that the issue be put to vote and when the question was put to vote by Justice Udo Udoma, Tahir’s amendment was overwhelmingly rejected.

The Constituent Assembly adjourned sine die on June 5, 1978 without finishing its work and that assembly was never reconvened.

However on September 21 1978, General Olusegun Obasanjo came out with Decree No 25 promulgating the 1979 Constitution. The decree states that” Whereas the Constituent Assembly established by the Constituent Assembly Decree 1977 and as empowered by that Decree has deliberated upon the draft Constitution drawn up by the Constitution Drafting Committee and presented the result of its deliberations to the Supreme Military Council and the Supreme Council has approved the same subject to such changes as it has deemed necessary in the public interest and for purposes of fostering the promotion of the welfare of the people of Nigeria and whereas it is necessary for the Constitution to be vested with the force of law. This Decree may be cited as the Constitution of the Federal Republic of Nigeria (Enactment) Decree 1978”.

In short, that was how the Presidential System of Government came to be in Nigeria.

In the light of present events, it is being suggested that we should go back to the parliamentary system of government which gave full powers to the regions.

I don’t know how possible it is but I think the parliamentary system of government is more democratic and more representative and costs less than the presidential system of government.
Eric Teniola, a former director at the Presidency, stays in Lagos.

5 Comments

  • Author’s gravatar

    The issue should not be presidential system of government or parliamentary system of government but Nigeria: To be or not to be. Nigeria, as at today is still wholly a British colonial initiative and project. The amalgamation of 1914 was purely to serve British colonial interests. The peoples of Nigeria need to discuss Nigeria whether to adopt or annul it. If it is adopted, the basis of the adoption becomes the foundation of the new Nigeria, its constitution and system of government. But if annulled, the basis of annulment becomes the foundation for the new countries to be started. Friendships and marriages are never by force nor a must, but always mutual. It is expected that every symbiotic relationship is mutual the reason divorce is always an option on the table. The reverse is the case for any parasitic relationship which is undemocratic and retrogressive.

  • Author’s gravatar

    Richard akinjide was the evil genius of nigerian democratic conundrum. It is a stock in trade. The leopard cannot leave its spots

  • Author’s gravatar

    Never a dull moment reading Mr. Eric Teniola’s articles and his historical perspective. In this article, I believe those who are asking for restructuring are requesting for an adjustment between the powers of the Federal Government and those of the States. I do not belive the issue of Parliamentary System as against the Presidential System is part of what they are asking for. As for going back to the Regions, I think we should forget that. The creation of States that started in 1967 under the Gowon Administration has already addressed the fears of the minority ethnic groups and that we have 36 States now has even made the agitation of the minorities almost a non-issue. That the States are not economically viable such that many of them cannot even pay salaries is a problem that may have its roots in the corruption and impunity that has eaten deep into our Society. Whether we have Regions or States unless we address the root causes of corruption in the Society, that problem will remain. We need Institutions that are under the close watches of all of us, strong Federal Government or weaker Regions or States notwithstanding.

    • Author’s gravatar

      The reason lies on why the north & the SW oppose change, & the SE especially push for it. Do not pretend it is based on the hollow reasons you give. You know why you resist restructuring. You have all the times in the world to stop corruption. Time will resolve it. Time will tell whether God created Igbos to slave for you & your great grand children, or whether they will see sunshine after the captivity of decades!

  • Author’s gravatar

    I HAVE FAITH IN NIGERIA
    After today sermon, which centred on FAITH, its importance, limitations, power and vice versa, I was moved spiritually as it regards to the situation in my country Nigeria, I have that feeling that all we need now is to be faithful to God for a way out of this economic crisis. This faith according to the preacher is so powerful that its results leave one in a trance, the state of being dumb on the magnitude of what it achieved. Though he expressed that the result of faith depends greatly on the individual capacity and belief in the works of faith, this implies that anyone with doubt must never expect faith because, the confidence and belief is what triggers faith in action.

    Coming home, we really need faith to work for us, this faith to me is in the area of making things that seems impossible in our society to happen, the people are really seeing it red, over 95% of the population of this country is going through pains on daily basis, I know it might sound weird, but if you have the opportunity to visit other clime, you will surely reason with me that I am making a point here. The idea of taking up ARMS against the government is never my proposal, but we have to be ready to sacrifice, because, there must be resistance from the elites that always want to maintain the status quo.
    From my understanding of this faith, its limitations ranges from people orientation and perceptions, what I am advocating for is equal opportunity for all, the elites never thought of the dangers of the increasing unemployed youth. That is the result of the incessant armed robberies, terrorism and kidnapping across the nation, God save this Nation, because if the trend is not properly checked now, we all might be the victim.
    All sector of this country is not functioning, and the decay continues unchecked, I was born drinking from the tap, now that I am grown, the tap not only dry up, but was also destroyed by lack of maintenance. It is time we holds our leaders responsible for their errors, if we should realize that due to one man greed, the whole nation is living in penury, due to their inability to provide the necessary facilities in our schools, hospitals, and markets, the result is deaths and destruction in the society. I commend the fight against corruption by this current administration, but my stand is that, without transparency and accountability, we are still stagnant at the same point for over fifty years now.
    I am convinced that this is not what our nationalist dreamt of while resisting the colonial masters; they had better idea, a united and strong Nigeria that was not built on tribal and ethnic sentiment. We really have to take another look at the root of this country, the structure, the constitution, do our views duly represented, if not, we can make amends, we have to accommodate one another and not to see your brother as a rebel or terrorist simply because he is expressing his dissatisfactions on the wrongs done to his people. Let personal greed and selfish interest not be the force that will affect the unity of this country, God Bless Nigeria…

    Onwuasor Sam, C.
    Unizik, Awka
    Chuksam007@yahoo.co.uk
    08033735829