Nigeria’s Constitutional Structure and Existential Crises, Chief Ayo Opadokun

Chief Ayo Opadokun is a Nigerian of Yoruba ethnic Nationality of Nigeria, as a Nation State, comprised of the following distinct / different ethnic Nationalities or Nations, namely, Hausa-Fulani, Yoruba, Ndigbo, Kanuri, Ibibio, Tiv or Munchen, Edo, Nupe, Ijaw, and many others, recorded in the 1931 British Colonial Census of Nigeria.

Chief Ayo Opadokun is a well -informed Politician, and former General Secretary of Afenifere, and the National Convenor of the Coalition of Nigeria’s Democrats for Election Reform (CODER), always asking and praying that Nigeria be restructured into a True and Sustainable Federation, so that Nigeria can develop in real Unity, in real Peace, and making real Economic Progress, as one Great Nation State in Africa, South of Sahara Desert.

In his (Chief Ayo Opadokun) Address to the Political Department of the University of Lagos, Nigeria, dealing with (1) forced Amalgamation, by the British Colonial Authorities, of the over 30 distinct ethnic Nationalities or Nations, comprised in Nigeria , (2) the Crises of Good Governance / Political Instability of Nigeria as one Nation State, and (3) the Military Intervention in Nigeria’s Political Governance, just about six (6) years after Independence in 1960, Chief Ayo Opadokun, tried to explain this Complex Amalgamation Conundrum of Nigeria, as one Nation State  in the following immortal Words, quoted verbatim, in his own Words, namely, that::

1.         *Nigeria was not a Creation of the Peoples of Nigeria,

2.         *Nigerian Peoples have not been democratically and directly availed the opportunity to decide, whether, or not, they want to be Nigerians or be part of the Geographical Expression, called Nigeria.

3.         *Nigerian Peoples have been held together by forces, either of the Colonial Power/Imperial Landlord, and their subsequent Military successor generations.

4.         *Nigerians are yet to write their own home Constitution but have had Constitutions from 1922 to 1963 imposed on them from the Colonial Office, Lancaster House, etc. with some deceptively sought out, and choreographed inputs from Nigerian Politicians. And just five years after the so-called Independence on October 1, 1960, the Nigerian Army violently overthrew the tottering Civilian Government of Executive Prime Minister Alhaji Tafawa Balewa; and all subsequent Constitutional Arrangements and Efforts, have been superintended by the Military and their Signatures, and Imprints have remained the binding Cords on all subsequent Constitutional attempts.

5.         *That Nigeria had been living a Lie by calling itself a Federal Government, when it has been run as a Unitary Government, commencing from Decree 34 of 1966, which was abrogated after the Revenge Coup of July 29, 1966, till date. Agitation for National Restructuring has been resisted by Beneficiaries of the existing lopsided, skewed and warped National Structure, that had arrested the then on-going competitive Progress and Development, that Nigerians were experiencing visibly under the Federal Arrangement in the Nigeria’s First Republic of 1960-1966.

6.         *Since the 1946 Richardson Constitution, which gave Vent to the 1951 Macpherson Constitution, provided for the introduction of the Nigerian Political Leaders, taking Responsibilities in running their Regional Affairs, leading to self-Government, in 1957 in the case of Western Nigeria and Eastern Nigeria Regions, and 1959 in the case of Northern Nigeria Region, each Regional Government has relatively performed well in the Delivery of Social services and Provisions of infrastructures in their respective Catchments Areas.

7.         *That Nigeria secured and negotiated its Independence under a Federal Constitution. Under this Federal Arrangement, there was a Recognition that Nigeria has a Population of heterogeneous People and Communities. In other words, there was a genuine Recognition, that there were, a multiplicity of Customs, Traditions, Cultures, Religions, Languages, Artefacts, Mores, Folklores, etc. All these were to be unfettered and have free rein –a kind of Unity in Diversity.

8.         *That the Revenue Allocation Formula, gave Vent to Fiscal Federalism. Each Region retained 50 percent of the proceeds from mineral resources/endowments, that it produced and exported, while 50 percent was remitted to the National Government out of which 30 percent was fixed into a distributable pool, that was jointly shared among the National and four Regional Governments (Northern, Western, Eastern, and Midwestern, on certain Agreed Parameters, or Mutually Agreed Terms by the four Regions.  Each Regional Government, locally and independently sourced for Funds to run its Bureaucracy and implement its numerous Programs. And lastly

9.         *That Each Regional Government was independent of each other and the Centre (namely, Central Government) but was coordinating at the Centre. Each Region had its own Constitution and could legislate on the Concurrent List, as well as on certain Residual Matters. In fact, the Regions had Diplomatic Relations, and all the four Regions, by January 15, 1966, had High Commissioners in London and elsewhere to foster their Economic and Diplomatic Engagements. Each Region therefore was free to develop at its own pace and factor Endowment, and was not held down by other Regions*

*For Example, while Chief Obafemi Awolowo’s Action Group (AG) Government of Western Region was willing to spend even up to 40 percent of all Government earnings on Education, other Regions did not give such priority to Western Education. Dr. Nnamdi Azikiwe’s NCNC Government in the Eastern Region aggressively funded Education, also, in order, to allow his Region catch up and even surpass the Western Region AG’s feat.

It was because the Regional Governments operated essentially under a Federal Constitution, that Chief Awolowo’s AG Government was able to provide the First Free Education programme in Nigeria; established the Western Nigeria Broadcasting and Television Service, which was the first in Sub-Saharan Africa; established the first Minimum Wage Salary Scheme for its Workers; built the tallest Building in Africa (the Cocoa House) and constructed the first modern Stadium (Liberty Stadium) for Sports, etc.

The Governments of the Northern, Eastern and Mid-Western Regions were equally providing relatively tangible services to their people and there was healthy competition throughout the Country among the Regional Governments, at least*

What Lessons can Nigeria draw from Chief Ayo Opadokun Great / immortal Address to the Political Department of the University of Lagos, Nigeria? These Lessons, in my View are the following, namely,

• That Nigeria did not exist before 1914 and Nigeria is colonized by the UK of Great Britain, which came into being in 1707 as a Federation of the ethnic Nationalities or Nations of England, Scotland and Wales through a Treaty of Union Mutually agreed to, by the three independent Nations, domiciled in one Big Island, named Great Britain
• That Nigeria is a British Colonial forced Amalgamation of the  following different and distinct ethnic Nationalities, spread the length and breadth of the River Niger extending from South of the Sahara Desert to the Delta of the Atlantic  Ocean, namely, Hausa -Fulani, Yoruba, NdiIgbo, Kanuri, Ibibio, Tiv or Munchen, Edo, Nupe, Ijaw, Urhobo, Itschekiri, Idoma, Igala, Efik, Ogoja, among others, see the 1931 British Colonial Population Census of Nigeria,
• That Kenule Sara-Wiwo, an Ogoni Political Activist, in his Book, titled, the *Darkling Plane*, informs us that a True and Sustainable Federation is a Federation of two or more ethnic Nationalities or Nations, which freely come together to form one Nation or Nation State such as UMK of Great Britain, or Canada, after the American War of Independence, or European Union of 27 European Nations, after the Second World War of 1939-1945, and certainly that *Nigeria not a Federation of Geographical Regions, nor of Religious Faiths, but simply a Federation of Independent Nations, and that Nigeria is not a True Federation and therefore cannot be sustainable, as is the case of UK of Great Britain, Canada and European Union, and
• That all the ongoing Crises of Political Instability, Good Governance and no real Unity, no Real Peace , and no real Economic Progress commensurate with Nigeria’s huge Endowment in Natural Resources and talented Human Resources are the Consequences of Nigeria not being a True and Sustainable Federation like UK of Great Britain our former Colonial Master, or Canada, or European Nation as earlier described .

In the light of the above Observations on Chief Ayo Okpadokun immortal Address, to the Faculty of Political  Science of the University of Lagos , Nigeria, and the Volumes of the unprintable Hate ridden / Acrimonious Writings of many Nigerian educated Nigeria’s Political Elite for and against Nigeria’s Political Parties and their Candidates for Elections, it is clear that Nothing, repeat Nothing, will change in Nigeria, after the 2023 Political Elections, unless repeat unless, Nigeria for its Survival, addresses a True and Sustainable Federation with an Exit Clause, for any ethnic Nationality or Nation comprised in Nigeria to opt out of Nigerian Federation, in case in the future it wants to do so, as indicated in the case of European, in which there is a free in and free out of the Union. That is also the only Answer to bring the treacherous Non-State Actors to an end, in Nigeria.

A Food for thought, for Nigeria’s Leadership Elite in Politics and in Government.

Cheers to All, and God Bless Nigeria, as we, Nigerians continue to pray for God’s Intervention in Nigeria’s Tribulations as One Indivisible Nation State, in Peace and making Economic Progress as one indivisible Nation.

Felix N.C. Oragwu, FSAN, MInstP (IOP) London

Former Senior Academic in Physics, University of Nigeria, Nsukka, (UNN), from 1960s,
Head of Research and Development (R&D)  Planning Division / Coordinator of  Technological Services of the Industrial War Machine that operated in the defunct State of Biafra, 1967-1970.
Retired Senior Director in Charge of the Department of Science and Technology (S&T) Policy, Planning and Development of the Federal Government Ministry of Science and Technology (FMST) 1979-1987
Former Technology Development Consultant to UNECA, UNDP and UNIDO