INTRODUCTION
The 1999 constitution under review has in it some sections with fundamental flaws requiring judicial review and amendment. Chief among them is Section 146 (3), which vests in the President the power of appointment of the Vice President in the event of a vacancy in that office. My humble opinion is that the next in line to occupy the vacated office of the Vice President or Deputy Governor, as the case may be, should be clearly defined and ascertainable in the constitution. It makes for transparency and consistency in the governing process. The next troubling section is Section 14 (3) which covers Federal Character, which emphasizes unity and loyalty of the subjects to the nation-state. To all intent and purposes, Federal Character was actually designed to protect minority interests and to ensure equitable distribution of political power among the various ethnic groups. Sadly, Section 14 (3), as consistently and selfishly interpreted and applied, engenders in one region or three dominants tribes a sense of misplaced arrogance and entitlement - a protected right so to speak. Consequently, exacerbating mistrust within the citizenry and disinterestedness in national pride and values. Next, is Section 15(2) that promotes social integration and prohibits discrimination based on race and places of origin. For a fact, Nigerians are not so much aware of the existence of this section in our constitution, because its exact opposite suffices in every facet of our public engagement. No Nigeria today is a citizen of his or her place of residence; the state of his or her village is where he or she belongs, contrary to the intent and purposes of Section 15 (2). The rationale of this section was to promote unity and cohesion in the body politics. Similarly, children born in a particular state to parents who are not native-born of that same state are considered non-natives like their parents for purposes of University admission, government employment, and enlistment into the Nigerian Armed Forces and the Nigerian Police Force. Section 15 (2) was designed to promote social integration and not disintegration.
I will address each section in detail and in sequence from a public policy perspective.
(1) VACANCY IN THE OFFICE OF THE VICE PRESIDENT:
Section 146 (3) provides:
Where the office of Vice-President becomes vacant:-
(a) Because of death or resignation, impeachment, permanent incapacity or removal in accordance with section 143 or 144 of this Constitution;
(b) By his assumption of the office of President in accordance with subsection (1) of this section; or
(c) For any other reason, the President shall nominate and, with the approval of each House of the National Assembly, appoint a new Vice-President.
I became aware of the existence of Section 146 (3) (C) of the constitution following the death of President Yar’Adua when the newly installed President eventually selected Governor Sambo of Kaduna State as his Vice President. I was not amused about the selection process; I honestly thought that the President acted illegally, believing that David Mark, the Senate President is next in line to step into the vacated office of the Vice President. However, after consulting my constitution, my brief research taught me that the new President acted within his constitutional limitations.
The Unreasonableness of the Legislative Intent of Section 143:
The fact that an action is legal doesn't make it objectively right or reasonable. The political merit and the underlying legislative intent of Section 146(3) is to safeguard and perpetuate the tribal or regional background of the occupant of the office of the Vice President to the extent that in the event of any vacancy therein, the President, in filling the vacancy, would not go beyond the tribe or region of the previous occupant. That was the mission of the drafters of that section in reserving the power of appointment in the Presidency, knowing full well that the President will not dare go beyond the tribe or region of the former Vice President in the event of a vacancy in the office, or go beyond the tribe of the President, assuming the President died, impeached or stepped down and the incumbent Vice President steps in. A similar problem also exists at the state level concerning filling vacancy position in the office of the Deputy Governor. The 1999 constitution as amended does not name the successor in the hierarchy of power.
Nigeria has come of age. Therefore, our constitution should be free of ambiguities on the issue of the person next in line to occupy the office of the Vice President in the event of vacancy under Section 146 (3) (a) and (b) of the 1999 constitution. In that case, filling the position should not be by appointment or arbitrary selection by the President. It should be by succession process, succinctly articulated in the constitution and the designated individual known to every Nigerian. The same standard should apply concerning the selection of the Deputy Governor.
Also, that selection right vested in the Presidency by Section 146(3) (c) is subject to abuse, because the President has unfettered discretion in the exercise of that power. Even though we profess a federal system of government, here, the constitution is bequeathing the Presidency and the Governor with so much power. And as John Emerich Edward Dalberg Acton and most students of Government would say: "power corrupts, and absolute power corrupts absolutely."
Furthermore, given the corruption and pervasive greed, remarkable of most members of the National Assembly, reserving in them the right of approval of the candidate nominated by the President is a luxury of time and money that we cannot risk or afford.
Nigeria is not a dictatorship or a one-party state. Granted the constitution was written and promulgated under a Military administration, we should realize that we are multi-ethnic with numerous political parties. Once the President and the Vice President are elected, they become Nigerian President and Vice President respectively. In other words, once they are sworn, they are no longer candidates for election, subject to the zoning rules and regulations of their political party. So, if for instance vacancy surfaces; lets the constitution determines the next in line. There shouldn’t be any recourse to the zoning law or the selection process adopted by the political party during its primaries.
The section was influenced by the ethnic and geographical factors adopted, but the drafters did not take into account the maturity of Nigerian people and our willingness to embrace political changes. Whereas Section 15(4) of the 1999 Constitution emphasizes national interests over sectional interests, Sectional 146 (3) tends to promote regional allegiance. Section 15(4) provides: “The State shall foster a feeling of belonging and of involvement among the various people of the Federation, to the end that loyalty to the nation shall override sectional loyalties.”
If that is the case, why must the drafter of Section 146 (3) be so particular about the race and region of origin of our President or Vice President? Our constitution must be definitive regarding the succession process by giving effect to our national interests, rather than imposing on us the benefits of a political party in selecting a Vice President in the event of a vacancy.
Adding to that, knowing the person next in line, not only eliminate the abuse of process; it makes governing more transparent, and the succession process smooth and free of grafts and drama. To that effect, either the Senate President or the Speaker of the House of Representatives be constitutionally recognized as the next in line to assume the position of the Vice President in the event of a vacancy.
In conclusion, the legislative intent of Section 146 (3) did not take into account that Nigeria is a very robust and very dynamic society. Because the section was written to serve ethnic and narrow interest at the expense of unity and national integration, it must be rejected by discerning minds. Empowering the President to make that selection, and reserving in the patently corrupt National Assembly the power of final approval of the selected candidate is a license that does not augur well for our democracy. We should look beyond ethnic considerations in our appointment process and leadership choices.
(2) STATE OF ORIGIN CONCEPT:
Section 15 (1), (2), (3), and (4) provides:
(1) The motto of the Federal Republic of Nigeria shall be Unity and Faith, Peace, and Progress.
(2) Accordingly, national integration shall be actively encouraged, whilst discrimination on the grounds of place of origin, sex, religion, status, ethnic or linguistic association or ties shall be prohibited.
(3) For the purpose of promoting national integration, it shall be the duty of the State to:
(a) Provide adequate facilities for and encourage free mobility of people, goods, and services throughout the Federation.
(b) Secure full residence rights for every citizen in all parts of the Federation.
Today, and as it has always been, Section 15(3) (b) is not given effect consistent with the legislative intent of the drafters. In Nigeria, a child born and nurtured in Lagos State, or River State, or Sokoto State whose parent migrated from Either Imo, Ogun or Edo State is not considered native of River, Lagos, or Sokoto State as the case may be. For instance, why must a child who has never spent more than a weekend at Esan, or Abeokuta, or Owerri where his parents originally came from, be made to write Edo, Imo, or Ogun State as his State of origin during competitive exams? By doing so, that child is going to be assessed using the same benchmark as students born and schooled at Esan, Abeokuta, and Owerri who sat for the same exams and happened to be products of higher education standard available in those cities.
Unless the argument for the introduction of state of origin in our admission application is a generic/biological factor, which to all intent and purposes, was not. If a particular state is educationally disadvantaged, for instance, Lagos State, invariably, every student or candidate from the state - no matter the state of origin of his or her parents - is a product of the quality of education available in Lagos State. Therefore, such student or candidate or job applicant should be assessed by the standard reserved for Lagos State, and not by the standard applicable in the state of origin of his or her parents, for instance, Edo, Imo, or Ogun.
Adding to that, Section 15 (3) (b) provides automatic citizenship cover or protection to every Nigerian anywhere in the country irrespective of his or her original place of birth. In reality, that is not the case in Nigeria of today. Prospective employees or job applicants, whether in the private sector or in government, are made to enter, not their state of residence, but the state of origin of their parents. Why should a child who is applying to the Nigeria Police Force be made to get a letter from the Traditional Ruler and the Local Government Council of his or her parents? The appropriate requirements should be proof of residency and verification of address in that particular state of residence and not proof of the state of origin of the child’s parent.
(3) FEDERAL CHARACTER:
Section 14(3) of the 1999 Constitution provides:
“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 State or from a few ethnic or other sectional groups in that Government or in any of its agencies.”
No doubt, Federal Character, and Quota System have outlived its usefulness. In light of the growing demand for disintegration and the near-collapse of most of our federal institutions, no citizen or groups of citizens should be made to suffer legislative deprivations on account of the place of birth or state of origin.
For the purpose of record, the legislative intent or the constitutional purpose of Federal Character was to protect minority groups from the dominance of the three major ethnic groups. But as it is today, Federal Character has been selfishly interpreted to perpetuate the dominance of one of the major ethnic groups over the rest of us. It was never designed or intended to protect the interests of Yoruba, Hausa/Fulani, and Ndigbo at the expense of other tribes or regions.
Adding to that, granted that the educational gap between Western Region, Eastern Region, and Northern Region in early 1950 to mid-60 and now, supports the ‘reverse racism’ approach in its interpretation by successive governments at the center, but to the extent that it is seen as absolutely safe to celebrate constitutional deprivations and mediocrity, it becomes abnormal and a violation of our social conscience. Therefore, it should be rejected.
That we should promote merit in our hiring process and in enlistment into the Police Force and into the Federal Armed Forces and into Unity Schools and admission into higher institutions of learning is a long overdue demand. Therefore, every Nigerian applying for a job or sitting for competitive exams, no matter his or her state of origin and place of residence should be judged, without regard to his or her race, state of birth, or geographical location. A situation where it was reasonably permissible for a University to reject a candidate because the candidate was 5 points short of the required points set for the few spots reserved for that candidate’s state of origin, even when the candidate’s score was 15 points higher than the cut-off marks that were applied in admitting candidates from all other states in the federation should be a thing of the past. In Nigeria, Federal Character, Affirmative Action, Quota System, Catchment Areas, and Geographical Spread is more divisive than unifying.
Also, there is no tribe or the region in Nigeria known to have suffered any social or economic deprivation inflicted by an act of nation-state, which would justify or support the argument that Federal Character and Quota Systems principles are necessary for Nigeria. There is no doubt, the educational gap between south and north is pervasive and poses a severe risk to our national integration. However, the disparity still exist due to choices made by the affected groups and political leaders in the affected region and not because of partisan or socioeconomic deprivations rooted in racism suffered by Northerners or on the basis of skin color as it was the case in the United States of America regarding Slavery and political persecution of African American. No doubt, the state of education in the north needs improvement, but not by denying eligible candidate positions that they rightly deserve as Nigerian citizens concerning admission and employment.
(I do not want to be misunderstood here; what I am saying is known to every Nigerian. I am not writing this because I am against the people of the Northern Region of Nigeria. The fact that no one is saying it in an open discussion or forum of this nature is a different story. The educational problem in the Northern Region is political and ideological based. It is not financial or funding related. The political leaders there are only interested in educating only the ten percent who know and appreciate the value of education or western education. The more significant majority are left unattended to educationally, even though these groups were taken into account in the national budget concerning the allocation of funds for education. As it is always the case; the lesser the students in school or willing to go to school, the more money available to those ready to go, and the more money left unspent and at the disposal of State Governors and those managing the educational sector in the Northern Region).
Finally, because of Federal Character did not serve the intended purpose, and because it has outlived its usefulness in the form in which it has been interpreted by political leaders and administrators, its continuation will exacerbate the harms it has already created and ultimately, jeopardize our collective quest for unity, peace, and progress. Given the preceding facts, Federal Character should be expunged from our constitution by the delegates.
CONCLUSION:
The legislative intent of vesting the power of appointment and approval of the new Vice President on the President and the National Assembly respectively did not take into account the dynamic nature of the Nigeria state and the willingness of our people to embrace changes. Adding to that, given the blatant abuse and subversion of the letter and intent of the principle of Federal Character and the state of origin concept; there is a valid case for review and amendment where appropriate by the delegates at the National Conference in order to eradicate celebration of mediocrity at the expense of excellence and credibility. The state of origin concept as practice in Nigeria today is antithetical of the legislative intent and the overall purposes of Section 15 (3) (b). Every child should be able to answer the name of the state of his or her birth as a state of origin and not the state of origin of his or her parents. A Nigerian living and working anywhere in Nigeria should be able to claim citizenship of that state, without condition, because that is what the constitution says. We don't have to wait for a SOVEREIGN National Conference to be convened before amending constitutional provisions that catalyze divisiveness and impede true federalism. The Committee should remain elastic in its mandate, with a viewing to addressing and modifying the troubling national malaise. Every Nigerian is inherently and naturally gifted and smart, our government should not use the constitution to divide us or make some tribes more equal than the others.
April 03, 2012Blogger's Comment of December 02, 2019
You may also want to read "Vice Presidential Succession and the Futility of Osinbajo's Exit Debate," of November 16, 2019.
