Vice-Presidential Succession, State of Origin, and Federal Character: Overcoming Some Fundamental Flaws in the 1999 Constitution:

INTRODUCTION

The 1999 Constitution of the Federal Republic of Nigeria has in it some sections with fundamental flaws requiring forensic 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 vacancy in that office, but subject to the approval of the graft prone National Assembly. In my humble judgment, I strongly believe and hold that it is more reasonable, and in fact, will in no small measure, strengthen transparency and consistency in the body politic, if the next in line to occupy the vacated office of the Vice President or Deputy Governor as the case may be, is clearly defined and ascertainable in the constitution.  The next troubling section is Section 14 (3) covering Federal Character, designed to promote unity and loyalty of the subjects to the nation-state. To all intent and purposes, Federal Character was actually designed to ensure equitable distribution of power between the three dominant tribes and the minority tribes. Sadly, Section 14 (3), as consistently and selfishly interpreted and applied over the years, 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, unity, and values. Next, is Section 15(2) covering state of origin. The section, as written, promotes social integration and prohibits discrimination on the basis of 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 national 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). 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, not disintegration.

I will address each section in detail and in sequence from a public policy perspective, and as always, proffer solutions as appropriate.

(1) VACANCY IN THE OFFICE OF THE VICE PRESIDENT:

Section 146 (3) provides:

Where the office of Vice-President becomes vacant:-

(a) By reason 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, until my brief consultation with my constitution taught me that the new President acted within his constitutional limitations.

Nigeria has come of age, if not; Nigeria ought by now to come of age. Our constitution should be unambiguously definitive of the person next in line to occupy the office of the Vice President in the event of vacancy pursuant to 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, but by succession process, succinctly articulated in the constitution and the designated individual known to every Nigerian. The same standard should apply with respect to selection of the Deputy Governor in the event of vacancy.

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 or the underlying intent of Section 146(3) is to safeguard and perpetuate the tribal or regional origin 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 goal for reserving that power of appointment in the Presidency, knowing full well that the President will not go beyond the tribe of the former Vice President in the event of vacancy in the office, or go beyond the tribe of the President, assuming the President died, impeached or stepped down, thus creating vacancy in the office of the Vice President. Similar problem also exist at the state level with respect to filling vacant position in the office of the Deputy Governor.

The section was influenced by ethnic and geographical factors dominating Nigerian political system. Sadly, the drafters or the Military Government then did not take into account the maturity of Nigerian people and our willingness to embrace 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.”

Our constitution must be definitive regarding succession process by giving effect to our national interests, rather than imposing on us the interests of a political party in selecting a Vice President in the event of vacancy.

Adding to that, knowing the person next in line, not only eliminate 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 Representative be constitutionally recognized as the next in line to assume the position of the Vice President in the event of vacancy. And at the state level, it should either be the Majority Leader or the Speaker of the House.

In addition, that selection right vested in the Presidency by Section 146(3) (c) is subject to abuse, because the President has an unfettered discretion in the exercise of that power. Even though we profess a federal system of government, here, the constitution is bequeathing the Presidency with absolute power. And as John Emerich Edward Dalberg Acton and most students of Government would say: "power corrupt and absolute power corrupts absolutely."

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 ours is 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 that was adopted by the political party of the President and Vice President during its primaries.

In conclusion, the legislative intent of Section 146 (3) did not take into account that Nigeria is a very robust and a very dynamic society. Because the section was written to serve ethnic and a 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 to seek undeserved favor. We should look beyond ethnic considerations in our appointment process and leadership selection.

(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 the higher educational standard available in those cities.

Unless the argument for 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 Sate, 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 residence and verification of address in that particular state of residence and not proof of 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 their 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 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 the 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 regards to his or her race, state of origin, 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 points that was 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 are more divisive than unifying.

In addition, there is no tribe or 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 in Nigeria to right previous wrong. There is no doubt, the educational gap between south and north is pervasive and poses serious 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 political 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.

(I do not want to be misunderstood here; I am not against the good people of Northern Region of Nigeria or resentful of their interests or their belief system. The educational crisis 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 willing ten conversant and receptive of the importance of western education. So, I feel no scruple expressing my reservations over the celebration and glorification of Sharia Law at the expense of popular education).

Finally, because 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. In view of the foregoing facts, Federal Character should be expunged from our constitution by the delegates.

CONCLUSION:

The legislative intent of vesting 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 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 another SOVEREIGN National Conference to be convened before amending constitutional provisions that catalyze divisiveness. The leadership of the confab should remain creative and elastic in its interpretation of the President's inaugural address to the delegates, with a viewing to addressing and amending the troubling sections of the 1999 Constitution. Every Nigerian is inherently and naturally gifted and smart. Therefore, our government should abstain from applying the constitution to divide us along ethnic and religious boundaries. Creating in one tribe or tribes a false sense of invulnerability and entitlement is counterproductive - has never worked, will never work, and will continue to create fear, hatred and resentment of one another as well as disillusionment in everything federal.