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September 17, 2024

How the Constitution deleted tradition (2), by Eric Teniola

Who else but Professor Benjamin Nwabueze (2), by Eric Teniola

Last week, the narrative centred on the  inauguration of a Constitution Drafting Committee by the Gen Murtala Mohammed regime to actualise its plan to introduce a presidential system of government. The  committee’s declaration in this regard was read by its chairman, Chief Rotimi Williams.  

ON January 11, 1976, General Murtala Mohammed attended the Addis Abba extraordinary summit conference of the Organisation of African Unity, OAU, on the liberation struggle in Africa. On that day he gave a speech titled: “Africa Has Come of Age”. The speech was a denouncement on America’s role in Angola. He declared: “Mr. Chairman, Africa has come of age. It is no longer under the orbit of any extra-continental power. It should no longer take orders from any country, however, powerful.

The fortunes of Africa are in our hands to make or mar. For too long have we been kicked around; for too long we have been treated like adolescents who cannot discern their interests and act accordingly. For too long has it been presumed that the African needs outside ‘experts’ to tell him who are his friends and who are his enemies. The time has come when we should make it clear that we can decide for ourselves; that we know our interests and how to protect those interests; that we are capable of resolving African problems without presumptuous lessons in ideological dangers, which more often than not have no relevance for us, not for the problem at hand.

“Nigeria has come to this Assembly determined to co-operate with you, Mr. Chairman, and with all member states to put a stop to foreign interference in our Constitutional matters. As an African nationalist of distinction, I trust you will guide our deliberation to fruitful conclusions of which our people will be proud of. I thank you.”

To me the denouncement of America by General Mohammed looked contradictory when earlier on October 18, 1975 he forced on us without a referendum or a plebiscite, the American presidential system of government. 

Maybe, if he has not been assassinated, 32 days after his speech in Addis Ababa on February 13, 1976, we would not have adopted or retained the presidential system of government today. His successor, General Olusegun Obasanjo carried on with that policy without review.

On September 21, 1978, the then Head of State, General Obasanjo, promulgated Decree Number 25 which proclaimed the 1979 Presidential Constitution. Twenty-four hours earlier, he dissolved the Constituent Assembly. 

In a broadcast to the nation on that day, General Obasanjo declared: “We have accepted the Presidential form of government and the supporting structures and institutions which go with the system. We have accepted the principle of separation of powers between the executive, the legislature and the judiciary and the clauses entrenching the powers, functions and the independence of each of these estates of the realm. We believe that the fundamental principles and directives of state, the provisions of safeguarding the rights and liberties of individuals and such other provisions meant to ensure greater sense of accountability and probity in public life, are essential elements in giving a new and fresh sense of direction to our national life. 

“In short, the Supreme Military Council saw the constitutional document as a most commendable framework within which party-political activities can be resumed. Indeed, in the light of our experience in government, we went further to make such minor adjustments as we believe necessary to ensure the effective and efficient functioning of government, come October, 1979.

“We have also made some other amendments which we believe were necessary to strengthen the continued existence of a disciplined and just society as well as ensure consistency and continuity of national policy. I am sure you are now all very conversant. Essentially, these amendments concern:

(a) The strengthening of the judiciary by relieving the judicial officers of the responsibility for mundane administrative matters which detract them from the more important business of efficient and quick dispensation of justice; (b) Bringing the conditions of service of judicial officers in line with those of other public officers, while bearing in mind the special nature of the judicial service; (c) Consciously using certain institutions such as the Armed Forces, the Federal Courts as-vehicles to stress and promote the indivisible unity of the nation rather than the competitive aspect of a Federalism. 

(d) Ensuring consistency and continuity of our national policy on such matters as the development of indigenous languages, the promotion of such notions as equal access to justice and maintaining a non-expansionist foreign policy based on co-operation and peaceful co-existence with our neighbours. 

To be concluded