How the constitution deleted tradition – Part 2

On September 21, 1978, the then Head of State, General Olusegun Obasanjo GCFR, 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 individual 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:

The strengthening of the judiciary by relieving the judicial officers of the responsibility for mundane administrative matters which detracts them from the more important business of efficient and quick dispensation of justice, 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; 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 and 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. 

We are, of course, aware, and I am sure that no member of the Constituent Assembly can claim that the constitution is a perfect document. Neither is the Supreme Military Council claiming that all the necessary adjustments which the general public may consider desirable or necessary have been made. But I believe that the essential thing has been done: that is to have a document which, despite all its imperfections, is capable of launching us in the right direction. 

Of course, the constitution as a living document, can be changed, as and when necessary, in the light of the experience gained in working it. This, I believe, is the most we can hope for, given all the circumstances including the short-time constraint, in which the constitutional issues were debated, discussed and approved.

The coming months would pose testing challenges not only to the participants in the ensuing political activities, but also to the mass media who have responsibility of interpreting and informing the public of the issues, as well as correctly conveying the public mood to those vying for political leadership. 

I am sure you will rise to the occasion and not let the nation down.” It is left for all to judge whether the hopes of General Murtala Mohammed and General Olusegun Obasanjo had been met with the implementation of the Presidential System of Government. 

That is not to say that the process for the Presidential Constitution went unchallenged, of course it was challenged. I remember that two members of the Constitutional Drafting Committee wrote a minority report disengaging themselves from the Presidential System of Government.

They were Dr. Y. Bala Usman, then Senior Lecturer in History at the Ahmadu Bello University, Zaria and Dr. Segun Osoba, then Senior Lecturer in History at the Obafemi Awolowo University, Ile-Ife. Their reports were not considered by the Constituent Assembly. The then Chairman of the Constituent Assembly, Mr. Justice Egbert Udo Udoma (21 June 1917 – 2 February 1998) made sure that their minority report did not see the light of the day. 

I remember three of my colleagues who covered the proceedings of the Constituent Assembly at that time, Femi Ogunsanwo of The Daily Times, Mohammed Haruna of The New Nigeria, Tunde Thompson of Daily Sketch and myself tried in vain to get a copy of the minority report. 

Since then, till today, there has been a clamour that the Presidential System of Government is not suitable for us. It is getting stronger these days.  Let us take an example with the issue of our culture and tradition.

In part II Section 178 of the same 1979 Constitution declares that there shall be a State Council of Chiefs which shall comprise of  “a Chairman and such number of persons as may be prescribed by Law of the House of Assembly of the State; the Council shall have power to advise the Governor on any matter relating to customary law or cultural affairs, intercommunal relations and chieftaincy matters; the Council shall also have power to advise the Governor whenever requested to do so on—-(a) the maintenance of public order within the State or any part thereof and (b) such other matters as the Governor may direct.”  

If you look at the 1999 Constitution, one will notice the absence of the institution of traditional rulers. No institution represents our culture better than the institution of traditional rulers.

The Russian novelist Aleksandr Solzhenitsyn wrote that “to destroy a people you must sever their roots “. James Baldwin added that “know from whence you came, if you know from whence you came, there are absolutely no limitations to where you can go”.
To be continued tomorrow.
Teniola is a former Director in the Presidency.