google.com, pub-3998556743903564, DIRECT, f08c47fec0942fa0 Agbakoba's Disappointing Views On Tinubu's Administration Examined

Agbakoba's Disappointing Views On Tinubu's Administration Examined

 By Polycarp Onwubiko

I listened to Dr. Olisa Agbakoba, a Senior Advocate of Nigeria (SAN), during his presentation titled "Agbakoba shakes the table before Tinubu" and humbly offer my observations as follows.

(1) It is not in contestation that Agbakoba is a legal icon and intelligent. Sadly, in his presentation, he skirted around the core issues on how to reinvent Nigeria. Why resort to sheer "merry-go-round" covertly to please Mr. President?

(2) There are thousands of Agbakobas in all the ethnic nationalities in Nigeria. If that is the case, why can't they be nominated by their people for another National Conference to either?

   (a) Review the 1960 Independence Constitution later renamed the Republican Constitution to be in sync with the realistic principles of federal systems of government, aligning with what is obtained in other Federations in the world today; or

   (b) Embark on a fresh Constitution with the principles of federal systems of government called "True Federalism" (the actual meaning of "true federalism," to my analytical conviction, is those principles of federal systems of government enshrined in the 1960 Constitution, which was later renamed the 1963 Republican Constitution. These principles of federal systems of government WERE AGREED upon by the representatives of the ethnic nationalities in Constitutional Conferences held in Nigeria and London before they were enshrined as part of the Independence Constitution. To be frank and forthright, there was nothing WRONG with those principles of federal systems of government. Other Federations have variants of federalism, BUT the ethnic nationalities' representatives settled for those principles, and they were being practiced, and Nigeria was progressing, hence the term "Competitive Federalism," to the joy of every ethnic nationality.

The implementations were good, and the Regional Governments were progressing, formulating policies, programmes, and projects that satisfied the deep yearnings and aspirations of their people. The respective Regional Governments explored and exploited the vast natural and mineral resources within their respective jurisdictions, creating massive employment and wealth hence the term "Competitive Federalism," as said above, whereby the respective Regional Governments were leveraging on the natural and mineral resources within their respective jurisdictions and created wealth and massive employment. It was a section of the country that destroyed the principles of federal systems of government for self-serving preferences to impose their decadent value system. This is a CLEAR AND UNAMBIGUOUS FACT.

(3) The Original Federal Constitution is MADE BY THE ETHNIC NATIONALITIES while amendments are within the constitutional responsibility of the national and state assemblies. The Federal Constitution is never made by the military jackboots, and for the National Assembly to amend the military-imposed constitution cannot be tolerated by other ethnic nationalities because the Constitution was not made by the ethnic nationalities.

The National Assembly is lopsided courtesy of the discreditable "Dasuki Local Government Reform" during the military regime where the Northern political and traditional elites used the opportunity to create surplus local government councils in the north while none was created in the south.

The military regime further used the local government councils as the basis for Federal Constituencies, which was a conscious plan to make the north have a preponderance majority of members in the National Assembly at the expense and detriment of the south. Again contrary to the principles of federal systems of government as practiced worldwide, the Dasuki Local Government Reform made local government a THIRD TIER so that humongous financial resources from the Statutory Federation Account will be channeled to the north at the expense and detriment of the south. During that time, the southern elites had no power to challenge the military jackboots.

No person who knows about FEDERALISM cannot contradict this salient fact. The 1999 CONSTITUTION was not made by the ethnic nationalities; rather, it was made by the military regime. The clownish posturing going on for over ten years in the National Assembly in the name of Amendments does not impress those of us who have made intensive and extensive research on FEDERALISM with respect to Nigeria.

My book titled "320 EXTRAPOLATIONS ON THE FUNDAMENTALS OF FEDERALISM IN NIGERIA (2021)" is the most authoritative political science textbook in Nigeria today. I am not boastful about that. It was twelve years of research work, containing virtually everything that those versed in the politics of Nigeria have said and written about the categorical imperative of going back to the 1960 Independence Constitution later renamed the 1963 Republican Constitution, which Restructuring the lopsided Federation is ALL ABOUT.

On this score, it is unfortunate that Agbakoba should be skirting around, perhaps to please the powers that be, namely the Tinubu Administration and the faceless coterie and phalanx who have stamped their feet on the ground to resist the country going back to the principles of the federal system of government as enshrined in the REPUBLICAN CONSTITUTION? Really, I was NOT impressed with Agbakoba's presentation. I have been one of his fans, closely following his public utterances and writings on governance in Nigeria. In fact, to say that he has 'expired' as far as reinventing Nigeria is concerned is merely stating the obvious; I have much respect for him, but he has disappointed me with the presentation before President Tinubu.

It's not everyone that you can mesmerize with such abstract reasoning, pontification laced with oratorical flourish. Without sounding immodest, my book cited above remains a watershed to rely upon or be consulted for any information on Nigeria as far as FEDERALISM is concerned. I didn't put down my opinions; rather, what I put down were the enlightened researched accounts of enlightened Nigerians and political scientists. There is nothing one can say to contradict the minds of Nigerians to deviate from the principles of the federal system of government that worked perfectly in the First Republic.

The question again is: WHO IS AFRAID OF NIGERIA REINVENTING THE PRINCIPLES OF FEDERAL SYSTEM OF GOVERNMENT AS PRACTICED IN THE FIRST REPUBLIC? Who is fooling whom? Southerners should stop being bootlickers of the so-called "Northern Political Emirates Establishment," sounding sycophantic to please them for material well-being. It amounts to brazen-faced deception to allow the LOPSIDED NATIONAL ASSEMBLY to amend the 1999 Constitution, which was fraudulent and deeply flawed, shamelessly lying in the PREAMBLE that "We Nigerians give to ourselves this Constitution"!

How shameful for some people to support a clearly lopsided National Assembly to amend a constitution that was made to favor a section of the country, the Northern Moslems? And to allow the National Assembly, which was crafted in such a way to have a majority of members from the Northern part of the country, as said above, courtesy of the discreditable "Dasuki Local Government Reform" of 1976, which brazenly bastardized the principles of the federal system of government and went the extra mile to make the Nigeria Federation A THREE-TIER SYSTEM, which is out of sync with the practice of federalism the world over?

Yes, there are VARIANTS of FEDERALISM worldwide, BUT the TRUE FEDERALISM we are talking about is the PRINCIPLES OF FEDERAL SYSTEM OF GOVERNMENT FASHIONED BY THE REPRESENTATIVES OF THE ETHNIC NATIONALITIES IN THE SERIES OF CONSTITUTIONAL CONFERENCES BEFORE THE ENACTMENT OF THE 1960 CONSTITUTION LATER RENAMED REPUBLICAN CONSTITUTION.

Agbakoba said that he doesn't want to use the word "Restructuring" but prefers using the word "Devolution of powers." Then the question remains: who will do that Devolution of powers; President Tinubu or the lopsided National Assembly which will return the country to the Unitary-Federal contraption because the majority of members are from the section of the country that hates anything like Restructuring the lopsided Federation and multi-level policing? When the Bill on Devolution of powers from the president gets to the National Assembly, the majority members from the "core north" will vote against anything that is closer to TRUE FEDERALISM.

An example is the Committee on Constitution Amendment which brazenly rejected State Police, which the majority of Nigerians want as the only panacea for effective and efficient security architecture as an integral part of restructuring of the lopsided Federation (remember my definition of TRUE FEDERALISM is going back to the principles of the federal system of government as practiced in the first republic but was destroyed through the vaulting and vaunting ambition of the Northern Moslems to breathe down on the other ethnic nationalities so that they would impose their decadent, primitive culture of values on the rest of the country.

Why hide this stark fact by pretenders who want to massage the ego of the shadowy characters that have sworn to keep the country in the Unitary-Federal contraption backed with the 1999 Constitution supposedly under Amendments ostensibly to continue in subtle ways to maintain the dysfunctional centralized governance template which has completely destroyed the country. Agbakoba further said that the federal government should "invite traditional rulers, leaders of ethnic nationalities" to seek how to get peace in Nigeria. That is out rightly discreditable, an unfortunate pontification.

What criteria will President Tinubu use in inviting or selecting the traditional rulers to decide what Nigerians want in Federalism? Is it not to select clowns and court jesters who will be given a template to work on? Where on earth have sane and sanitized Federations included traditional rulers in government and discussions on modern governance?

Haba, Nigeria! Why are we shying away from the enlightened suggestion for another National Conference of ethnic nationalities (as was done for the independence constitution) to brainstorm on PEOPLE'S CONSTITUTION, FISCAL FEDERALISM, and more poignantly, to allow the representatives of ethnic nationalities to articulate HOW NIGERIA WILL BE GOVERNED, satisfying the deep yearnings and aspirations of ALL NIGERIANS? Without being immodest, I can challenge Agbakoba to a debate, and I will outshine him as far as Nigerian FEDERALISM is concerned.

The solution to the monumental challenges facing Nigeria is simple; we must GO BACK TO THE PRINCIPLES OF FEDERAL SYSTEM OF GOVERNMENT AS PRACTICED IN THE FIRST REPUBLIC. Agbakoba's suggestion for a constitutional provision for traditional rulers is most unexpected from an enlightened personage. How many of the traditional rulers are literate, let alone aware of the issues in governance? The occupation of the traditional rulership in preponderant places is based on primitive culture and tradition, in addition to being a fixed tenure until death, even as moneybags covet the throne and use crass impunity and mindless monstrosities in intimidating their people while the Government is helpless.

How many advanced countries in the world, especially sane and sanitized Federations, have traditional rulers in governance, as mentioned above? Why should the revered legal icon indulge in sycophantic posturing to please 'peacock' traditional rulers just to court their favor or title? He could not tell President Tinubu, who was present at the forum, the unvarnished truth because he adopted sycophantic posturing to please him and may be 'eyeing' a juicy political appointment. He could not tell him point-blank about the immediate need to decentralize security architecture and drive away the terrorists masquerading as herdsmen and their families who have occupied the ancestral lands of the people of southern Kaduna, inching into middle belt states while the people are languishing in makeshift refugee resettlement and dying in droves while the federal government looks away as if it is not a problem.

Multi-level policing remains the ONLY panacea for effective and efficient security architecture as an integral part of restructuring, which resonates with what obtains in the Federations around the world. Of course, he could not have done that for fear of courting the repulse of the shadowy figures that claim the 'ownership' of Nigeria and whose stand on national issues must be respected and implemented through the lopsided National Assembly.

In fact, I was sorely exasperated with his presentation, although having kept a close eye on his positions on national issues for some years, I came to the conclusion that it is not the vibrant Olisa Agbakoba I knew in realistically dissecting critical national issues and staking his life on issues that present nightmares to the Igbo people. Political scientists know the difference between RESTRUCTURING GOVERNANCE AND DEVOLUTION OF POWERS. The former goes hand in hand with a National Conference of ethnic nationalities to brainstorm and fashion an ORIGINAL CONSTITUTION with realistic principles of a federal system of government that SUITS their country. This was done before the Independence Constitution. In other words, the ORIGINAL CONSTITUTION is the handiwork of ethnic nationalities and NOT military jackboots or the National Assembly.

When the principles of the federal system of government are agreed upon by the representatives of ethnic nationalities, they are embedded in the Federal Constitution. On the contrary, DEVOLUTION OF POWERS is at the behest of the president and a compliant National Assembly, which can be abolished at any time by any president in cahoots with a compliant National Assembly. Somebody has said that the 10th National Assembly is the worst Legislature.

More importantly, the present National Assembly is lopsided in favor of the northern Moslems and senile and timid representatives from the middle belt states who are comfortable with the Unitary-Federal contraption backed with the equally contraption called the 1999 Constitution supposedly under Amendments to favor the preferences of the Caliphate hegemonists who stridently kicked against Restructuring the lopsided Federation because of grossly unprincipled and selfish calculations to perpetuate their stranglehold in Nigeria at the expense and detriment of the ethnic nationalities.

 

By Polycarp Onwubiko JP,  Author, and public policy analyst

 

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