Abolish the 1999 constitution

Peace will continue to elude Nigeria if the fraud in the 1999 constitution is not expunged forthwith. The Nigerian 1999 constitution has created a failed state and is at the point of no return according to the Council on Foreign Relations and the Harvard Kennedy School in the United States.

Long before this devastating assessment, I have written many articles warning about the potential crises of enormous proportions should the government ignore the signs and the call for restructuring through regional autonomy. I also stressed the urgent need to rewrite the constitution with the intent to address the fundamental issues regarding restructuring and the overbearing power and influence of the Federal Government.

The constitution with its exclusive list is counterproductive to development, growth and the ability of regions, states and local governments to function effectively. This is designed to slow down growth and development in order to create perpetual dependency on the Federal Government begging for crumbs and scraps thereby making it impossible for states or local governments to do what they can do for themselves.

Nigeria is now classified as a failed state unable to protect the citizens from internal conflict, violence Fulani jihadist incursion, Boko Haram insurgence and various groups demanding for self-determination and fast on the precipice of a total collapse.

The Nigerian 1999 constitution must be abolished and rewritten in line with the 1963 constitution which was suspended by the military coup of 1966. The current constitution was imposed by the military transition government with the intent to create a master-slave relationship between the centre and other branches of the government.

The constitution starts with a preamble – we the people – this is fraud and false. Dr. Martin Luther King Jr. stated that truth crushed to earth shall rise again. Until we fix the constitution from which our laws are derived, there can be no justice. Hence the freedom of the citizens to exercise their inalienable right to life, liberty and the pursuit of happiness will be nonexistent and impossible.

If Nigeria is to avoid disintegration, there is need to heed to the demand of the South and Middle Belt Peoples Sovereign Movement (SOMPSOM) that there should be no election in 2023 until the constitution is abolished and rewritten by the people using as a reference the 1963 constitution. Indeed, there can never be peace without a just constitution. Likewise, there can never be peace without justice. The law of the land is governed by the constitution and when the constitution is flawed the laws will be flawed because the laws are derived from the constitution. Therefore, by implication, the unjust laws become the laws of the land.

The youth were fed up with the status quo and decided to do something about it by demanding for change which is their fundamental rights in a civilised society. However, to the world’s surprise the government unleashed terror of unimaginable dimension on peaceful protesters holding Nigerian flags and singing the national anthem. A civilised government would enter into a dialogue with the youth to find a common ground and proffer solutions through negotiation and sincere means. However, the world witnessed the horror of our lives displayed on various platforms across the world. Young children were massacred in cold blood using live ammunition at close range by the government who ought to protect them.

There must be consequences for the barbaric act committed against humanity and confirmed by the panel set up to investigate what happened on October 20, 2020, at the Lekki tollgate.

Dr. King believes that non-violent strategies are means to advocate for issues by using the principles of nonviolence. We are committed more than ever to continue to train the youths with the strategies of nonviolent principles as a way of life. It is not without risk; however, nonviolent strategies are only for the courageous. It assumes that the arc of the universe bends towards justice and that the higher power is always at play. With faith all things are possible. The Soviet Union crumbled without a shot, Berlin wall came down without a shot, Apartheid in South Africa was brought down by the power and will of persuasion and struggle of ideas through Mandela and ANC.

The #EndSARS taught us a lesson that when people come together in unison and are committed to that which is just and they are willing to sacrifice for it, there is no turning back but victory. The #EndSARS will regroup, reorganize, identify potential saboteurs (government-sponsored), remove their influence, engage industries, companies, civic organisations, churches, mosques, people of a good conscience, artists, students, all and sundry to join in the struggle for freedom, good government, and justice across ethnic and religious differences.

Meanwhile, Nigerians in Diaspora must be ready and willing to support #EndSARS in the struggle to demand for good governance, freedom and justice. We must continue to demand the following:
1. Total compliance with and implementation of the Lagos State Judicial Panel of Inquiry on Restitution for Victims of SARS related Abuses and Other matters recommendations.

2. Imposition of visa ban on top officials of the Nigerian government and their family members.

3. Freezing of the assets of the top officials of the Nigerian government.

4. Funding of NGOs and activists who are committed to free speech and non-violence in Nigeria.

5. Granting of asylum to activists who are being victimised by the Nigerian government.

6. Monitoring current and future sales of weapons to Nigeria (there should be stoppage of further sales temporarily).

7. Charging the government of Nigeria with human rights violations and crimes against humanity.
Prof. Onabanjo is president, Nigerian Alliance for Democracy (1993-1999) and president, AD King Foundation, USA.