How To Prevent Nigeria’s Collapse (1)

By Afe Babalola SAN

AT the current rate which the nation is spiraling, it is hard to
conclude that Nigeria will remain intact till the end of the 21st
century, i.e., another 80 years from now. This is very optimistic.
Why do I say this? I grew up during the colonial days and our
teachers in Emmanuel Primary School, Ado-Ekiti, the only
educational institution I ever attended, taught us about the
sanctity of life. To drive their point home, they taught us such
poems as “Yi ese re si apa kan, ma se pa kokoro ni. Kokoro ti o ko
nani, Olorun lo le da”, meaning “Don’t kill that insect which only
God and no man can create”. If we were forbidden from killing a
mere insect then, how come then that wanton killing on the farm, on
the streets, in the classrooms and in hotel rooms has become the
order of the day?

In the past, life was sacred. It was because life was sacred and
there was security at home, on the farm, day and night that I was
able to read all alone at night with a hurricane lamp in a
classroom, in a windowless elementary school in the bush and
obtained all my degrees from London University through private
study. If life was like this, growing up, I simply would have been
kidnapped and that would have been the end of the story. But today,
the media is awash with news of murder, bank robberies, rape
kidnapping of school children and destruction of farms.

The 1960 and 1963 Constitutions

When Nigeria’s founding fathers took into consideration our
multi-cultural, multi-ethnic and multi-linguistic nature, they
opted for a Federal constitution which worked very well for the
overall development of the country. Under the parliamentary system
of government and the regional arrangement, the Rule of law was the
order of the day. There was safety of life and property. Indeed,
there was no poverty in the land.

The situation of things today

The situation in Nigeria today is gruesome. There was a time the
Naira was as strong as the Dollar. One pound sterling was
equivalent to N1. It is now N500 to a dollar and N700 to a Pound
Sterling and the end is not in sight! In 2020, Nigeria was ranked
as the poorest country in the world with over 50 percent of
Nigerians living in extreme poverty while over 7 million Nigerians
are in urgent need of life-saving assistance (European Union
Parliament Resolution, January 2020). Besides, “Nigeria was ranked
the poverty capital of the world” (World Poverty Clock, June 25,
2018).

But what is the position in 20201?

Some weeks ago, the Chandler Good Governance Index, CGGI, ranked
Nigeria third worst country out of the 104 countries ranked in the
world scoring 0.319 point ahead of Zimbabwe and Venezuela
The Global Terrorism Index, GTI, also reported that Nigeria, where
2,043 people died from terrorism-related acts in 2018 and 1,245 in
2019, retains its third position in world terrorism.

Invitation by the National Assembly to President Muhammadu
Buhari

Worried and concerned about the prevailing insecurity in the
country, the House of Representatives rightfully invited the
President to discuss the critical issue of security with the
accredited and elected Representatives of the people. Rightly, the
President agreed to honour the invitation. However, and most
unfortunately, the President was wrongfully advised at some point
that the law does not permit him to honour the invitation to
address the Representatives of the accredited the National Assembly
on security. But we all know that the same law allows Mr. President
to meet with people at social gatherings.

Call for constitutional conference

From all quarters, people have been clamouring for the convocation
of a Constitutional Conference and a new people’s constitution. The
President has consistently been misadvised on the need for a
Constitutional Conference which will give birth to a new
constitution. Due to the state of insecurity poverty and
unemployment in the country, some groups of Nigerians have become
increasingly frustrated and uncomfortable with life and are calling
for secession. In the midst of it all, it was recently reported
that the House of Representatives mooted for a declaration of a
state of emergency.

Consequences of declaration of a state of
emergency

Undoubtedly, the declaration of a state of emergency exits the
Rule of Law and when a state of emergency is declared, the Rule of
Law evaporates. Indeed, law ceases to work and lawyers in
government will become instruments of oppression while practicing
lawyers whom the masses can turn to are degraded to the status of
fig leaves. Lawyers then become the tools that keep bad people in
power and put the good ones in jail. Again, the elements of justice
become obstacles to justice. Of course, under emergency laws, the
weakest members of the society or the minorities are the first to
suffer. Finally, a state of emergency will lead to unimaginable
instability.

Root cause of Nigeria’s problems

The root cause of our problems is the 1966 coup by the military
which suspended the 1960 and 1963 constitutions. The totality of
what I am saying is that it was the January 15, 1966 coup that is
the root cause of the problems afflicting the country today. When
there is a health problem, the doctor diagnoses the ailment in
order to ascertain the cause of the ailment for a proper treatment.
The military compounded matters when it wanted to exit governance
in 1999 by foisting on Nigerians the 1999 military constitution
which it christened a people’s constitution instead of going back
to the 1963 constitution which it suspended in 1966. During the
period of military rule, they ruled by Decrees. Oil was discovered
and we were told that our problem was not money but how to spend
it. The Structural Adjustment Programme was introduced in the
1980’s and our Naira was devalued, further drifting the
country.

The call for a new constitution

Restructuring and a new constitution are so important to turning
things around in this country today to the extent that many leaders
like General Ibrahim Badamosi Babangida (IBB), former Military Head
of State, Alhaji Atiku Abubakar, Gen. T. Y. Danjuma, their Royal
Highnesses, Chief Edwin Clark, Professor Ben Nwabueze, Professor
Nwaokobia, numerous members of the Inner Bar, different
organizations throughout the country are now echoing the tune of
restructuring as a means of keeping the country together. The media
is not left out. As a matter of fact, The Guardian, the Flagship of
the Nigerian press, has published 26 Editorials titled Federalism
is the Answer- Afterall

I agree with The Guardian and others who have been craving for a
new constitution. There is no earthly reason why we cannot adopt
the 1963 constitution and modify it in view of recent developments
in the country. For example, instead of the four Regions we had
during the First Republic, we can modify the constitution for them
to become what we know as our six geopolitical zones today. In this
way, a new constitution can be enacted within one year. This will
enable us to have new leaders chosen under a new constitution
instead of recycling failed leaders.

To be continued…

AARE AFE BABALOLA, OFR, CON, SAN, LLD.

By Afe Babalola SAN

AT the current rate which the nation is spiraling, it is hard to
conclude that Nigeria will remain intact till the end of the 21st
century, i.e., another 80 years from now. This is very optimistic.
Why do I say this? I grew up during the colonial days and our
teachers in Emmanuel Primary School, Ado-Ekiti, the only
educational institution I ever attended, taught us about the
sanctity of life. To drive their point home, they taught us such
poems as “Yi ese re si apa kan, ma se pa kokoro ni. Kokoro ti o ko
nani, Olorun lo le da”, meaning “Don’t kill that insect which only
God and no man can create”. If we were forbidden from killing a
mere insect then, how come then that wanton killing on the farm, on
the streets, in the classrooms and in hotel rooms has become the
order of the day?

In the past, life was sacred. It was because life was sacred and
there was security at home, on the farm, day and night that I was
able to read all alone at night with a hurricane lamp in a
classroom, in a windowless elementary school in the bush and
obtained all my degrees from London University through private
study. If life was like this, growing up, I simply would have been
kidnapped and that would have been the end of the story. But today,
the media is awash with news of murder, bank robberies, rape
kidnapping of school children and destruction of farms.

The 1960 and 1963 Constitutions

When Nigeria’s founding fathers took into consideration our
multi-cultural, multi-ethnic and multi-linguistic nature, they
opted for a Federal constitution which worked very well for the
overall development of the country. Under the parliamentary system
of government and the regional arrangement, the Rule of law was the
order of the day. There was safety of life and property. Indeed,
there was no poverty in the land.

The situation of things today

The situation in Nigeria today is gruesome. There was a time the
Naira was as strong as the Dollar. One pound sterling was
equivalent to N1. It is now N500 to a dollar and N700 to a Pound
Sterling and the end is not in sight! In 2020, Nigeria was ranked
as the poorest country in the world with over 50 percent of
Nigerians living in extreme poverty while over 7 million Nigerians
are in urgent need of life-saving assistance (European Union
Parliament Resolution, January 2020). Besides, “Nigeria was ranked
the poverty capital of the world” (World Poverty Clock, June 25,
2018).

But what is the position in 20201?

Some weeks ago, the Chandler Good Governance Index, CGGI, ranked
Nigeria third worst country out of the 104 countries ranked in the
world scoring 0.319 point ahead of Zimbabwe and Venezuela
The Global Terrorism Index, GTI, also reported that Nigeria, where
2,043 people died from terrorism-related acts in 2018 and 1,245 in
2019, retains its third position in world terrorism.

Invitation by the National Assembly to President Muhammadu
Buhari

Worried and concerned about the prevailing insecurity in the
country, the House of Representatives rightfully invited the
President to discuss the critical issue of security with the
accredited and elected Representatives of the people. Rightly, the
President agreed to honour the invitation. However, and most
unfortunately, the President was wrongfully advised at some point
that the law does not permit him to honour the invitation to
address the Representatives of the accredited the National Assembly
on security. But we all know that the same law allows Mr. President
to meet with people at social gatherings.

Call for constitutional conference

From all quarters, people have been clamouring for the convocation
of a Constitutional Conference and a new people’s constitution. The
President has consistently been misadvised on the need for a
Constitutional Conference which will give birth to a new
constitution. Due to the state of insecurity poverty and
unemployment in the country, some groups of Nigerians have become
increasingly frustrated and uncomfortable with life and are calling
for secession. In the midst of it all, it was recently reported
that the House of Representatives mooted for a declaration of a
state of emergency.

Consequences of declaration of a state of
emergency

Undoubtedly, the declaration of a state of emergency exits the
Rule of Law and when a state of emergency is declared, the Rule of
Law evaporates. Indeed, law ceases to work and lawyers in
government will become instruments of oppression while practicing
lawyers whom the masses can turn to are degraded to the status of
fig leaves. Lawyers then become the tools that keep bad people in
power and put the good ones in jail. Again, the elements of justice
become obstacles to justice. Of course, under emergency laws, the
weakest members of the society or the minorities are the first to
suffer. Finally, a state of emergency will lead to unimaginable
instability.

Root cause of Nigeria’s problems

The root cause of our problems is the 1966 coup by the military
which suspended the 1960 and 1963 constitutions. The totality of
what I am saying is that it was the January 15, 1966 coup that is
the root cause of the problems afflicting the country today. When
there is a health problem, the doctor diagnoses the ailment in
order to ascertain the cause of the ailment for a proper treatment.
The military compounded matters when it wanted to exit governance
in 1999 by foisting on Nigerians the 1999 military constitution
which it christened a people’s constitution instead of going back
to the 1963 constitution which it suspended in 1966. During the
period of military rule, they ruled by Decrees. Oil was discovered
and we were told that our problem was not money but how to spend
it. The Structural Adjustment Programme was introduced in the
1980’s and our Naira was devalued, further drifting the
country.

The call for a new constitution

Restructuring and a new constitution are so important to turning
things around in this country today to the extent that many leaders
like General Ibrahim Badamosi Babangida (IBB), former Military Head
of State, Alhaji Atiku Abubakar, Gen. T. Y. Danjuma, their Royal
Highnesses, Chief Edwin Clark, Professor Ben Nwabueze, Professor
Nwaokobia, numerous members of the Inner Bar, different
organizations throughout the country are now echoing the tune of
restructuring as a means of keeping the country together. The media
is not left out. As a matter of fact, The Guardian, the Flagship of
the Nigerian press, has published 26 Editorials titled Federalism
is the Answer- Afterall

I agree with The Guardian and others who have been craving for a
new constitution. There is no earthly reason why we cannot adopt
the 1963 constitution and modify it in view of recent developments
in the country. For example, instead of the four Regions we had
during the First Republic, we can modify the constitution for them
to become what we know as our six geopolitical zones today. In this
way, a new constitution can be enacted within one year. This will
enable us to have new leaders chosen under a new constitution
instead of recycling failed leaders.

To be continued…

AARE AFE BABALOLA, OFR, CON, SAN, LLD.