Nigeria Still In A Militaristic Federalism- Adesina

 

Nigeria has been described as a nation that is still under military rule, with the only difference been that its not the men in uniform that are ruling.

Deacon Dele Adesina SAN,, made the assertion while delivering a discussion paper at the annual law week conference of NBA Ikeja on Monday. He further stated that the Nigerian constitution is a fraud that was placed or forced on the Nigerian people by the military since there was never a time in the history books of Nigeria that the people of Nigeria did seat down together to draft the 1999 constitution.

“What we operate today in Nigeria is more of a unitary structure than a federal structure. I think that the fundamental challenge that we have is how our political leaders can disengage themselves from the fabric of militaristic federalism that presently characterise our constitution. There is no doubt that the constitution of 1999 no matter how many amendments we may carry out is a stratagem to maintain grip on power by the political elites. Maintaining the status quo of Nigeria today is not a viable option to a re-negotiated political structure to usher in true federalism and provide very viable opportunities for growth of our democratic institutions.”

He recalled Prof.  Ben Nwabueze SAN, statement that in page 402 of his book titled “How President Obasanjo subverted Nigeria’s Federal System” that: “One single constitution for all the governments involved in Nigeria, both federal and state, is a manifest contradiction.”

He maintained that the terms of the Federal Arrangement must be embodied in a constitution that is supreme over both States and Federal. It should define and delineate the powers and competence of the regions and the centre. The supremacy of the constitution must be such that it overrides any act done by either the Federal or the State in violation of its terms and invalidates any transgressions.

“A close examination of the Constitution will reveal that our constitution is essentially a unitary constitution operating in a supposed Federal system of Government.”

Speaking on the security challenges facing the nation Adesina said “The greatest challenge confronting Nigeria as a nation today is insecurity. There is total lack of safety of lives and properties as a result of all manner of criminalities. Terrorism by Boko Haram, Banditry, Kidnapping for ransom, killings, etc. Nigeria has virtually returned to a state of nature where life is short and brutish.”

He then traced the problem to Section 214, 215, and 216  of the constitution and wonder where on earth do we thing that such a thing is possible

“The Governors are CEOs/Chief Security Officers without command of the security apparatus to secure the lives and properties of the people under them. Yet, this is the primary responsibility of Government.”   

I could see one organisation complimenting the other in co-operation. Rather than thinking of the advantages we can get from establishing State Police and then creatively think about how to curtail the excesses, it appears to me that we are not prepared to think at all or we deliberately forget to consider the advantages while focussing only on the possible drawbacks such as harassment, intimidation of political opponents and what have you as the antagonists of State Police will always argue.

“As far back as May 15^th, 2013 – 8 years ago, I delivered a paper titled “Insecurity in Nigeria: the need for or otherwise for State Police” to the NBA, Owerri Branch. I made reference to what operates in the US, Ethiopia, India, Pakistan, Canada, Argentina and Brazil, all of whom have a dual police structure. They are all Federal States. 

“Let me make it categorically clear, that the establishment of State Police may not remove or even reduce crimes but the significant point we must make is that it will considerably reduce the chances of committing a crime and getting away with it – a situation that has become the order of the day within our nation. “

He concluded that,” Nigeria can only avoid the call for restructuring at its existential peril. I do not know of any of the institutions of the State that is functioning at its maximum.  The greatest appraisal in the world is that of self-appraisal. The leaders of Nigeria must appraise the situation in the country, the clear retrogression and the multi-various challenges facing it, and say to themselves “enough is enough. There must be a way out here.” And that way out is restructuring. Many of us I am sure have had this often-repeated statement which says that those who make peaceful change impossible makes violent change inevitable. We don’t want violence. “