The case for zoning – Part 1
28 February 2022 |
2:46 am
Some say it is retrogressive, whilst others maintain that it is unpatriotic to limit the choice of political officeholders to any particular zone of the country.
[files] A voter drops ballot papers into a ballot box during an election in Nigeria.
Some say it is retrogressive, whilst others maintain that it is unpatriotic to limit the choice of political officeholders to any particular zone of the country.
The starting point, however, should be law, equity and fairness. If you have benefitted or are still benefiting from a particular formula previously, it will be totally unfair to seek to discard it when it does not favour you.
I have no doubt in my mind that part of the major reasons that Dr. Goodluck Jonathan lost the 2015 general elections was because so many political players from the North believed in and campaigned for power shift, including those in the same political party with the incumbent President then. Beyond this, however, there are other serious factors that make zoning of political power inevitable.
Let us start with education. Very recently, journalists took up the Honourable Minister of Education, Mallam Adamu Adamu, on why candidates who scored very high marks in the qualifying examinations into the unity secondary schools would be denied admission in favour of other candidates from States regarded as educationally disadvantaged, who scored lower marks. He based the application of the policy on the federal character principle as enunciated in the Constitution. In simple terms, it is lawful to hold some sections of the country down in the area of education in order to allow other sections to catch up with them. Why then is it difficult to adopt rotation or zoning for political power?
Then comes next the principle underlying the revenue sharing formula. Also in the name of federal character and the need to share resources equally, some natural resources such as oil and gas, found in large deposits in one part of the country, are acquired by the federal government, exploited and the proceeds thereof shared amongst all other States which do not have these resources. Thus, it is rational, legal and legitimate to share economic resources in order to encourage unity and progress, but when it comes to political power, then zoning becomes irrational and totally illegal and unconstitutional.
For good cause, a policy cannot be fair yesterday to favour one zone and then become unfair today to the disadvantage of another zone. The Constitution cannot always be the subject of a selective application by politicians to suit their personal tendencies. Let us look at the legal angles to this discourse, in the eye of section 131. “A person shall be qualified for election to the office of President if: (a) he is a citizen of Nigeria by birth; (b) he has attained the age of forty years; (c) he is a member of a political party and is sponsored by that political party, and (d) he has been educated up to at least School Certificate level or its equivalent.”
The above are the statutory qualifications for anyone aspiring to be the President of Nigeria. Irrespective of the political party, State of origin, zone or even religion of the aspirant, the Independent National Electoral Commission will only search for the conditions stated above. A number of persons have held on to section 131 as the determining factor of who can be a Presidential Candidate. It is important to note, however, that in construing the provisions of the Constitution, a holistic interpretation is enjoined by the Courts, given that the Constitution itself is a single document. Thus, all its provisions should be read together in order to discover the intent and purpose of the drafters. This means that section 131 must ipso facto be interpreted along with other provisions of the Constitution. This then takes us to section 14 (3).
“14. (3) 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 command national loyalty, thereby ensuring that there shall be no predominance of persons from a few States or from a few ethnic or other sectional groups in that Government or in any of its agencies.”
The words and phrases used in this section are clear, precise and deliberate. Upon a proper dissection, it would be seen that the drafters were laboring to achieve the desired goal, which is the unity of the country through geographical spread in the distribution of public offices. The head of the ‘Government of the Federation’ is, without doubt, the President. Election into that office is part of the conduct of the affairs of the Government of the Federation, including the criteria for the choice of the person to occupy that office.
Section 14 (3) stipulates that the composition of the government of the Federation of Nigeria should be done to promote the federal character of Nigeria. The purpose of this mandate is to promote national unity and to command national loyalty. Indeed, if only one State in Nigeria or a particular section of the country is to produce the President all the time, then that will lead to political isolation and marginalisation.
Let us break it down. If the President of Nigeria is to be chosen from Igboland all the time, the Yoruba and Hausa will feel a sense of neglect and may not see the need for showing loyalty to such leaders. How do you command national loyalty from the Igbos if the North is to produce the President of Nigeria forever? How do you promote national unity when other sections of the country are deliberately excluded from clinching the highest position available? If we can deploy section 14 (3) to aid the educational qualification of students from a particular zone of the country, if we can rely on the same section to distribute economic resources to allow all to have a taste of the wealth of the zones, then it becomes totally unconscionable to seek to limit its political application.
To be continued tomorrow
Adegboruwa is a Senior Advocate of Nigeria.
Related
Latest
8 mins ago
One of the governorship aspirants who contested the ticket of the party with Governor Lucky Aiyedatiwa during last Saturday's primaries, Mayowa Akinfolarin, has dispelled the rumour that he stepped down for the governor during the shadow election. Akinfolarin, who came second after garnering 15,343 votes, disclosed that he did not back out of the contest…
9 mins ago
Fierce rival clashes between Boko Haram and the Islamic State of West African Province (ISWAP) terrorist groups escalated in the Lake Chad Basin in the last week, claiming over 100 of the fighters of both groups. According to Zagazola Makama, a counter-insurgency expert in the Lake Chad region, from April 18 to April 24, 2024,…
30 mins ago
France's Court of Cassation on Wednesday confirmed the conviction of former premier Francois Fillon in a fake jobs scandal that wrecked his 2017 presidential bid but ordered a new trial for his sentencing. Fillon, 70, was sentenced on appeal on May 9, 2022, to four years' jail, three years of which were suspended, and a…
38 mins ago
Bayelsa Deputy Governor Lawrence Ewhrudjakpo has been appointed as head of the Ondo State’s Peoples Democratic Party (PDP) governorship primary election scheduled for Thursday. This is contained in a statement made available to newsmen on Wednesday in Akure by Mr Kennedy Peretei, the Publicity Secretary of PDP in the state. The News Agency of Nigeria…
41 mins ago
The Nigerian government has suspended Dana Air a day after one of its aircraft crash-landed in Lagos. Nigeria's aviation minister Festus Keyamo directed the Nigeria Civil Aviation Authority (NCAA) to implement the suspension on Dana Air over safety concerns. "In light of these incidents and with the paramount priority being the safety and well-being of…
44 mins ago
Boko Haram fighters ambushed and wounded five Nigerien soldiers who were protecting a key agricultural site near the Nigerian border, local authorities said Wednesday. The site is one of two in Niger's southeastern Diffa region created to boost rice and wheat production and generate more than 12,000 jobs, according to the agriculture ministry. Diffa governor…
44 mins ago
Megan Thee Stallion, the Grammy-winning rapper, has been accused of harassment by her former cameraman, Emilio Garcia. Garcia, who has worked as a personal cameraman for the rapper from 2019 to 2023, has filed a lawsuit alleging a hostile work environment. Garcia alleges that he was trapped inside a moving vehicle with Megan Thee Stallion…
1 hour ago
The Nigerian Meteorological Agency (NiMet) predicts sunshine and thunderstorms throughout the country from Wednesday to Friday. NiMet's weather forecast, released on Tuesday, predicted a sunny atmosphere over the northern region for the entire forecast period. NiMet predicted isolated thunderstorms in parts of Kebbi, Taraba, Zamfara, and Kaduna during the afternoon and evening hours. The agency…
1 hour ago
Tradegy struck as a newborn baby drowned inside a well at Ruguzau in Takai Local Government Area in Kano. This is contained in a statement signed by the Public Relations Officer of Kano State Fire Service, Alhaji Saminu Abdullahi, on Wednesday in Kano. He said the incident occurred on Tuesday afternoon. ”We received an emergency…
1 hour ago
The Nigerian Electricity Regulatory Commission (NERC) has directed the transfer of regulatory oversight of the electricity market in Ekiti from NERC to the Ekiti State Electricity Regulatory Bureau (EERB). It also directed the regulatory oversight of the electricity market in Ondo State from the Commission to the Ondo State Electricity Regulatory Bureau (OSERB) in compliance…
×
Get the latest news delivered straight to your inbox every day of the week. Stay informed with the Guardian’s leading coverage of Nigerian and world news, business, technology and sports.
0 Comments
We will review and take appropriate action.