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August 7, 2021

2023 Southern presidency: Current situation makes zoning inevitable — Lawyers

Lawyers, AGF

File: Lawyers

•Southern govs’ demand not enforceable but necessary for unity

It’s morally wrong for another northerner to succeed Buhari

There’s need to douse fears of northern domination of politics

Other regions must be given sense of belonging

By Dayo Johnson, Akure; Samuel Oyadongha, Yenagoa; Egufe Yafugborhi, Port Harcourt; Rotimi Ojomoyela, Ado Ekiti; Peter Okutu, Abakaliki; Ike Uchechukwu, Calabar; Chioma Onuegbu, Uyo; Ozioruva Aliu, Benin; Shina Abubakar, Osogbo; James Ogunnaike, Abeokuta & Deola Badru, Ibadan

Governors from the 17 states in the southern part of the country, under the aegis of Southern Governors Forum rose from a meeting recently insisting that the presidency of the country should be rotated between the north and the south and that the next president should emerge from the south in 2023 after President Muhammadu Buhari must have completed his second term in office.

There were oppositions to this resolution especially from the northern leaders who argued that their southern counterparts were going about it the wrong way and that the northern voters would not be intimidated to support a southern candidate.

The demand by the southern governors however enjoyed the support of several groups in the country particularly lawyers who contended that though it may not be enforceable by our constitution, it was however their right to ask for it as the current situation in the country necessitate their stand. Some of the lawyers submitted that it would be morally wrong for another northerner to succeed President Buhari in 2023.

Opponents of restructuring can not eat their cake and have it

Chief Sola Ebiseni, legal practitioner and the Secretary General, Afenifere argued that “There is nothing unconstitutional in the southern governors insisting that the presidency be rotated between the north and the south which is aimed at giving the constituent nationalities of the federation a sense of belonging in the governance of the polity at the topmost level. Section 14 (3) and (4) of the constitution provide that the composition of the Government of the Federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reflect the federal character of Nigeria and the need to promote national unity, and also to promote national loyalty, thereby ensuring that there shall be no predominance of persons from a few states or a few ethnic or other sectional groups in that government or any of its agencies. Rotating the office of the President will prevent its monopoly by any part of the country engendered by the tyranny of number procured by the shenanigans of manipulation of the demographic and attendant warped democratic processes. The southern governors were, in fact, merely reinforcing a conventional political practice since 1999.

At the 2014 National Conference, in which I was a Delegate, it was resolved by consensus, that office of the President be rotated between the north and south and among the zones. Same for the governorship among the senatorial districts of the state so that you do not have a monopoly of a particular tribe brought about by the discriminatory creation and awards of local governments by the military.

It is absurd and utterly inconsistent that those who pursue federal character and sense of belonging to the extent of being allowed admission into schools with less than 10% scores will reject promotion of sense of belonging to the office of the President of the federation. If Nigeria is genuinely structured along federal principles, so much that each state or zone could manage its own affairs, the clamour for zoning of positions at the federal level may simmer. Those who make restructuring impossible, cannot eat their cake and have it.

Rotational presidency between north/south will strengthen our democracy

A private legal practitioner in Abakaliki, Ebonyi State, Barr Michael O. Odo, stated that rotating the country’s presidential slot between the North and South geo-political zones would strengthen the nation’s democratic tenets and practices. According to him: “It is not a constitutional matter. If there is anything constitutional in the issue, it is the fact that the southern Governors have the constitutional right to freedom of association and freedom of speech. They have the Constitutional right to gather together and deliberate on issues affecting Nigeria as a whole and southern Nigeria in particular. They also have the Constitutional right to express their views or opinions and make demand for the next president to come from southern Nigeria. I believe that rotating the president of Nigeria between the north and south will strengthen our democracy and give the people of southern Nigeria especially the Igbos a sense of belonging in Nigeria. There is nothing wrong in the governors meeting in different groups but a lot of things will be wrong if the southern governors keep quiet and the next president comes from Northern Nigeria.”

It’s commendable southern governors have woken up to think aright

The Member representing Ivo State Constituency at Ebonyi State House of Assembly, Barr. Oliver Osi noted that “the Southern Governors forum came to be because of the overlord of those who think they are the owners of Nigeria; for long the people of the South thought they were building a nation, but it is now obvious that they were wrong.

For long, the governors of the north were meeting and foisting their agenda on the south, the south were naive in 2014; all the Northern elites with their governors came together and rigged Jonathan out. The north/south drums were beaten by them. They cannot come now and begin to cry foul. He that wants equity must do equity. If the southern governors have woken up from a long nightmare to think aright, nothing is wrong with that”.

Current situation in the country makes zoning inevitable

Chief Mba Ukweni, Senior Advocate of Nigeria, submitted that though the demand by southern governors may not be enforceable by our Constitution, it was within their right to make such demand within the provision of our laws. He said, “though zoning is not enshrined in our constitution on who takes over an elective position be it president or governor, all that is within the internal understanding of a political party, the governors as a unit or forum can make such demands and it is not out of place. It would be wrong to say their demand is unconstitutional, but you can only say that it is not enforceable within our constitution because it is not justiciable.

As a person, I don’t believe in the zoning of political offices, I believe in merit, but the current situation in the country has necessitated a lot of agitation and has made that stand on zoning inevitable because a lot of people no longer feel safe when their people are not in certain offices or hold some positions. So, it has become inevitable for the position to rotate between regions, geo political zones as well as ethnic nationalities so that people can have a sense of belonging in the country. It doesn’t matter whether we have an elaborate body like the Governors Forum, it is all about a sense of belonging”.

Southern president important to douse fears of northern domination of politics

Barrister Osom Makbere, a former Publicity Secretary, PDP, Bayelsa State chapter said: “the constitution is a supposed charter of our unity. Unfortunately, it is replete with lacunae, thus rather occasioning inequities and imbalances in the geometric composition of the adjoining units, in addition to one section placed on a convenient hypotenuse, much to the discomfort of the other units. The “north” in the hegemonic reference is always reluctant to let political power orbit round and in fact, there is this palpably age-long fear of the northern dominance of others and the issue of “restructuring”, amongst others that has assumed the front burner of discussions on our continuing future unity, but which the north has been lethargic about, thus compelling the “south” to fire the first major salvo of the questions about our continuing unity.

Thus, the demand for “rotational” presidency is a very healthy one as any matter reached with consensus can suffice as “democracy”. Most constitutions usually flourish on the “people sovereignty” in the preamble. This particular suggestion by the southern people ought to inform immediate amendment of [it], if the fears of the south about northern domination of the politics is to be doused. There must be a “people” element in every constitution and the call for a “rotational” presidency is no doubt ‘democratic’ as same may help in the restructuring of our Fundamental Directives and Principles of State Policy and exalt same to an effective ‘power sharing’ clause under political objectives.”

It will be morally wrong for another northerner to succeed Buhari

Douglas Ogbankwa, a legal practitioner, said “the constitution actually does not provide for rotational presidency, however to the major political parties, their constitution provides for rotational candidature; like the APC and the PDP, they have provisions in their constitutions that say that if a presidential candidate from a region of Nigeria has finished eight years that the presidency can revert to another candidate from another region. Then again, the constitution cannot provide for everything; some things are just morally right or morally wrong.

When you look at the whole issues, at times you consider what will be in the overall interest of the people. Will it be for the interest of this country, will it be for the continuous existence and the indivisibility of the country for the presidential candidate of a party to come from the zone where the outgoing president comes from? I think that will not be fair at all because Nigeria is a multi-ethnic country and has very many tribes, religions and interests so it will be proper for us to accommodate all the interests of the country at every point in time so that the country can continue to exist peacefully.

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I actually think that when the southern governors said the next president should come from the south, the northern leaders will agree and people will actually say yes these people actually want us to live together; if you really want us to live together, that is the way to go, not a situation where one part of the country will be feeling as if it is a colony of another.

It is this feeling that has aggravated secessionist agitation in the country. Before now, it was just the easterners that were agitating for secession but now, we have it all over; so the only thing that can bring about the kind of synergy in the country is if they are able to accommodate the aspirations and fears of other parts of the country.

The demand not unusual to preserve the unity of the country

Barr Bukola Onifade said that “ the demand of the southern governors, seeking the presidency to move to the south, is not illegal though it is also not a constitutional arrangement but in the interest of the country’s unity. Since the advent of democracy in Nigeria, the trend has been a north, south, east rotation of the presidency within and among the political parties, hence, if the Southern Governors Forum is making such demand to preserve the unity of the country, then, it is not unusual. In the first republic, the country was run on regional basis and that was the time the country witnessed progress the most, there was healthy rivalry between the three regions.

So, the existence of the southern and northern governors forums is strictly voluntary, even the bigger forum, the Nigeria Governors Forum, is also a voluntary organisation. They are all like pressure groups and it is an integral part of democratic governance. Nigeria can progress and will continue to progress only when we have diverse views on issues of national interest.

There’s need to give others a sense of belonging

Hon. Barr. Victor ‘Dotun Fasanya said that “There is nothing wrong with the Southern Governors’ demand for a Southern President in Nigeria come 2023. By the Constitution of the Federal Republic of Nigerai, 1999 (as amended), any Nigerian who has attained the age of 35 can vie for the office of the Presidency irrespective of his/her region, religion or race.

Please recall that the two Protectorates that were amalgamated in 1914 by Lord Lugard into what we have today as Nigeria were the Northern Protectorate and the Southern Protectorate, which were, prior to the amalgamation, two different countries administered by different British Authorities. Since amalgamation however, the Northern/Southern dichotomy did not fizzle out. Instead, it became more pronounced as each of these regions used same to negotiate for offices, power, infrastructure, etc. So, this has been historical and may not be removed from our political structure.

Today, there are six recognised geo-political zones in Nigeria, namely: North West, North Central, North East, all in the northern part of Nigeria and South West, South South, South East in the southern part of the country. There is an unwritten understanding or convention that presidency shall rotate between the southern regions and the northern regions. And this has been followed since emergence of Chief Olusegun Obasanjo, a south westerner, in 1999, although, President Yar’Adua’s death scuttled this arrangement as he had barely spent two years when he died in office.

Nigeria is a federation of numerous ethnic nations and minority groups. The rotational presidency understanding is therefore very key to make every constituent that make up the federation to have a sense of belonging. Rotational presidency is not documented in the constitution; it is just a gentleman agreement between the north and the south to maintain the unity on Nigeria and give others a sense of belonging in the management of our commonwealth.

Any of the major parties must field a southern candidate for unity, cohesion of Nigeria

President, Ijaw Professionals Association, Barrister Iniruo Wills, said “It is a political convention or custom for managing the pluralism of Nigeria or any polity with similar circumstances, and to avoid inflicting an irreparable sense of alienation on any part of the country. It is not and does not have to be a constitutionally stipulated practice. Any of the major parties, particularly PDP and APC, that doesn’t field a Southern candidate can’t claim in good conscience that it cares about the unity and cohesion of the country. But ultimately the voter is king, so the electorate will make the final decision of where the next President comes from, knowing well the benefits or repercussions of that.”

Emphasis should be on merit, competence

A legal practitioner and former member of the Oyo State House of Assembly Barr. Fatai Adesina, said: “there is no place in the constitution where a particular region is mentioned for presidential position. Zoning is entirely a party arrangement not a constitutional requirement. It can not promote the unity, it will rather divide us. We should lay emphasis on merit and competence rather than southern or northern presidency. It should be about ability to run the country well and have programmes and policies that will lift the citizens out of poverty. The best should be elected into various political offices.”

Nothing constitutionally wrong with Southern governors demanding 2023 presidency

A lawyer and former Speaker of Akwa Ibom State House of Assembly, Rt. Hon. Linus Umoh, wondered why a meeting of the Southern governors to take a stand on certain national issues should annoy the north, whereas Northern governors have been doing same since the creation of Nigeria.

Umoh who is a one- time member of the House of Representatives said, “The issue bordering on Southern governors coming together to demand that the next president comes from the Southern part of Nigeria is not something that should annoy anybody. It is on record, and everyone knows it, that the Northern Governors have been meeting since the creation of Nigeria, and no one complains because freedom of association is under the Nigeria constitution.

So whoever complains about the Southern governor’s meeting, and them taking position on certain national issues should think twice. So I advise our brothers from the northern part of the country not to take it the way they are taking it; they are taking it in a bad light which is not fair. What looks like the arrangement in Nigeria is that the presidency should be in the North for eight years, then it comes down to the South for another eight years, and they (northerners) know this.

No one should deny the fact that President Muhammadu Buhari also came into office through the north -South agenda. Why did they dump Goodluck Jonathan in 2015? It was because they felt that Jonathan was eating into the opportunity that would have been for the north through late President Yar’Adua. By 2023, President Buhari would have spent eight years in office, therefore, the next president should come from the Southern part of the country. It is now left for all the political parties that will produce presidential candidates for 2023 to ensure that they pick their candidates from the South. So it is important that our governors speak out, and speak the truth”

President can come from anywhere

NBA Vice Chairman , Ikere-Ekiti Branch, Temitope Kolawole said that “President can come from anywhere, everybody has right of expression. If we see somebody coming from the north, saying he wants to be president, what do we do, are we going to say it’s unlawful or unconstitutional? They said it is their interest, they have right to express it but if it does not materialize there is no crime. They can not forcefully make it to materialize”

Zoning is a party affair

A legal practitioner and chieftain of the All Progressives Congress, APC, Chief Victor Iyanam, submitted that the issue of zoning of the presidency was a party affair. The former Attorney-General and Commissioner for Justice, Akwa Ibom State, under Godswill Akpabio’s administration, said, “Everybody is demanding something. It is politically, constitutionally correct for them (Southern governors) to make any demands. People must build a consensus to get what they want. And that issue (presidency) is even based on political party.

There are about a hundred political parties in Nigeria, if you go to the PDP and it zones the presidency to the South so be it, and if APC zones it to the North so be it. It is the entire country that will vote, if majority decides to vote for a Southern presidential candidate or a northern president candidate, there is nothing anybody can do”

We need a change of value and orientation to make progress

Prince Nyekwere, Chairman, Nigeria Bar Association, Port Harcourt Branch, Rivers state said, “I don’t fancy the cosmetic solution we proffer to a fundamental problem. The present Constitution of Nigeria is fundamentally flawed and a deviation from the agreement of the various nations that agreed to form the Nigeria Federation. Most of our politicians are rapacious and have no sense of statemanship. We need a change of value and orientation to make progress. Having a northern or southern president without addressing the flawed structure of the Nigeria Federation and our warped value will be of no moment.”

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