How The Constitution Deleted Tradition

• By Eric Teniola

On Tuesday, August 9, 2022, Kenya held its general election during which the President, governors, senators and members of the National Assembly were elected. The results of the elections were announced on August 15, 2022. William Kipchirchir Samoei Arap Ruto (57) had 7,176,141 votes, that is 50.5% of the total votes while Mr. Raila Odinga (79) had 6,942,930 votes, that is 48.8%. The results were announced by Kenya’s Independent Electoral and Boundaries Commission (1EBC).

On September 5, 2022, Kenya’s Supreme Court affirmed the election of Mr. William Ruto as President of Kenya. He was sworn in on September 13, 2022 as Kenya’s fifth post-independence President.

On March 24 this year, Senegal, a country not too far from us with a population of 18million people held its Presidential election. A former tax Inspector, Bassirou Diomaye Diakhar Faye (44), was elected President. His party had 54% of the total votes. He was sworn in on April 2 in Dakar.

On May 29 this year, South Africa had its Presidential election, the ruling party, African National Congress (ANC), won 159 of 400 seats—short of 201 seats needed to have a majority. After winning 40% of the total votes, the African National Congress was forced into coalition with Inkatha Freedom Party and the Democratic Alliance.

On June 29, the ANC Leader, Mr Matamela Cyril Ramaphosa (71), a billionaire and the 13th richest man in South Africa, was sworn in as the President of the Republic.

On February 25 last year, Nigeria had its Presidential election. On March 1, the Independent National Electoral Commission (INEC) announced the results. Asiwaju Ahmed Bola Tinubu of APC scored 8,794,726 votes, Alhaji Atiku Abubakar of PDP scored 6,984,520 votes, Mr. Peter Obi of Labour Party had 6,101,533 votes while Alhaji Rabiu Kwankwaso of NNPP scored 1,496,687 votes.

Asiwaju Ahmed Tinubu scored 38.61% of the total votes cast, Alhaji Atiku Abubakar scored 29.07%, Mr. Peter Obi scored 25.4% while Rabiu Kwankwaso scored 6.40%. There were 93.4 million registered voters. The turn out was only 26.71 % in a country that is assumed to be over 200 million. 

Asiwaju Ahmed Bola Tinubu scored 25% of the votes cast in 30 states more than 24 states Constitutionally required. He was sworn in on May 29 last year as President of the Republic.

The election was not confirmed by the Supreme Court until October 26 last year. In short, President Tinubu GCFR waited for over five months as President, in suspense.

Definitely something fundamentally is wrong with our constitution. There are many defects in our 1999 constitution. My worry is that the constitution guarantees winner takes all. The constitution guarantees politics of exclusion. As it is now, unless you are very very close to the executives or you belong to a caucus of the ruling party in the centre or in the states, you can never be given an opportunity to serve however brilliant, competent or patriotic you are. Certainly, Nigeria’s problem did not start with the implementation of the 1999 Constitution but it had made worse our problems.

Our journey in the Presidential system of government began on October 18, 1975, when the then Head of State, Brigadier General Murtala Mohammed GCFR (8 November 1938 – 13 February 1976), inaugurated the Constitutional Drafting Committee, headed by Chief Frederick Rotimi Alade Williams SAN (16 December 1920 – 26 March 2005) at the Nigeria Institute of International Affairs, Victoria Island, Lagos. Professor Akinwande Bolaji Akinyemi (82) from Ilesha in Osun state, was then the Director General of the Institute.

He declared the stand of the then Supreme Military Council on that day.

The following were his declarations (a) unambiguous commitment to a federal system (b) Elimination of “cut-throat political competition based on a system or rule of winner-takes all,” characteristic of Nigeria’s political past. (c) De-emphasising of institutionalized opposition to the ground in power and development of “consensus politics and government” based on a community of all interests. (d) Decentralisation of power e) Evolution of a free fair electoral system to ensure adequate representation at the centre (f) Depoliticisation of the census (g) The formation of “genuine and truly national political parties.” However, because of the “harmful effects of a proliferation of national parties,” criteria were to be evolved whereby their number could be limited. Interestingly but in vain (echoes of Ghana’s “Union Government”, “the Supreme Military Council is of the opinion that if during the course of your deliberations, and having regard to our disillusion with party politics in the past, you should discover some means by which government can be formed without the involvement of political parties, you should feel free to recommend.” But this was to be as much a non-starter as the Constituent Assembly ‘s decision to insert a clause outlawing military coups.

(H) Establishment of an executive presidential system, in which the President and the Vice-President would be elected and granted clearly defined powers. The method of their assumption of office would have to “reflect the federal character of the country.” So, too, would the choice of members of the Cabinet, who need not in future be drawn from the legislature alone.

(I) Constitutional restriction on the number of new States.

On January 11, 1976, General Murtala Mohammed attended the Addis Abba extraordinary summit conference of the Organisation of African Unity (O.A.U.) on the liberation struggle in Africa. On that day he gave a speech titled “AFRICA HAS COME OF AGE”. The speech was a denouncement on America’s role in Angola. He declared “Mr. Chairman, Africa has come of age. It is no longer under the orbit of any extra continental power. It should no longer take orders from any country, however, powerful. The fortunes of Africa are in our hands to make or mar. For too long have we been kicked around; for too long we have been treated like adolescents who cannot discern their interests and act accordingly. For too long has it been presumed that the African needs outside “experts” to tell him who are his friends and who are his enemies. The time has come when we should make it clear that we can decide for ourselves; that we know our interests and how to protect those interests; that we are capable of resolving African problems without presumptuous lessons in ideological dangers, which more often than not have no relevance for us, not for the problem at hand.

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Nigeria has come to this Assembly determined to co-operate with you, Mr. Chairman, and with all member States to put a stop to foreign interference in our Constitutional matters, As an African nationalist of distinction, I trust you will guide our deliberation to fruitful conclusions of which our people will be proud of. I thank you.”

To me the denouncement of America by General Murtala Mohammed looked contradictory when on October 18 1975 he has just forced on us without a referendum or a plebiscite, the American Presidential system of government.

Maybe if he has not been assassinated, thirty-two days after his speech in Addis Ababa on February 13, 1976, we would not have adopted or retained the Presidential system of government today. His successor, General Olusegun Obasanjo carried on with that policy, without review.

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:

(a)          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 (b) 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 (c) 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

(d) 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 the third Schedule of the 1979 Constitution, the following were named as members of the Council of state. They were “the President, who shall be the Chairman; the Vice-President, who shall be the Deputy Chairman; all former Presidents of the federation and all former Heads of the Government of the Federation; all former Chief Justices of Nigeria are citizens of Nigeria; the President of the Senate; the Speaker of the House of Representatives; all the Governors of the States of the Federation; the Attorney-General of the Federation; and one person from each state, who shall as respects that State be appointed by the Council of Chiefs of the State from among themselves”.

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”.

The Wikipedia tells us constantly that people without culture and tradition are a lost people yet our constitution has deleted that vital institution out of existence.

Traditions are a vital part of how we interact with the world around us. They provide a sense of identity and belonging that helps to shape our culture and our lives. Valuing your traditions is an important part of developing a strong sense of self and understanding the cultures that shape us.

At the core of traditions is a shared set of beliefs, values, customs, and rituals that are passed down from generation to generation. These traditions can be passed down through family, religion, or even communities. They serve as a reminder of who we are and our connection to the past. By valuing traditions, we honor the people who came before us and the struggles they faced in order to make our lives better.

Valuing your traditions also helps to connect you to your cultural roots. It allows us to appreciate and celebrate the unique qualities of our heritage. This can be done through learning about traditional foods, stories, and practices. Learning about these things can help us to understand our identity and how we fit into the larger cultural landscape. This can also help build bridges between generations and foster a sense of unity amongst family members and communities.

Traditions also provide a sense of purpose and can help guide us in making decisions about our future. They can provide us with a framework for making decisions that reflect our values, beliefs, and customs. Valuing our traditions helps us stay true to who we are and reminds us of the importance of preserving our culture for future generations.

Valuing your traditions is an important part of developing a strong sense of self and understanding the cultures that shape us. It allows us to appreciate and celebrate the unique qualities of our heritage, provides us with a framework for making decisions that reflect our values, beliefs, and customs, and helps create bridges between generations and cultures. Taking time to honor your traditions can bring immense joy and fulfillment in life, so don’t forget to value them!

Traditions are an important part of our lives. They give us a sense of belonging and identity, provide us with a connection to our past, and help us to better understand our place in the world. In short, they are essential to our lives and the way we live them.

The importance of traditions lies in the fact that they provide continuity in our lives. They give us a sense of roots and belonging, as well as providing structure and stability. They also foster a sense of community, as we join together in celebrating and honoring our shared history. Traditions also provide us with important moral lessons and values, teaching us about respect for others, loyalty, responsibility and other important life skills.

Traditions are also important because they can help to preserve culture. By keeping the same customs, language and rituals alive, we ensure that our culture does not fade away with time. By celebrating holidays, attending special events or participating in traditional activities, we keep our culture alive and thriving.

Traditions also help to create a stronger bond between individuals or groups of people. Participating in traditions gives us an opportunity to come together and celebrate something special while connecting with each other on a deeper level. Many times, these connections can last long after the initial event ends. It is these connections that help to build strong communities and relationships throughout society.

 Traditions are an important part of life that allow us to connect with our past, build strong communities, teach valuable life skills, and help preserve our culture for future generations. It is important to value the positive aspects of our traditions while recognizing when it is time to let go of outdated ones. By doing this, we ensure that our traditions remain alive and relevant for many years to come.

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Traditions are an integral part of any culture, providing a sense of identity, continuity, and community. Valuing your traditions is essential to preserve the shared values and practices that are unique to each cultural group. keeping traditions alive is essential for passing on knowledge and history from one generation to the next, helping to shape the future of that culture.

A clamour to change this Constitution today is being championed by so many people because they know that it is unworkable for us.

Among the many who want this change are Ambassador Tunde Adeniran, Senator Uba Sani, Mr Femi Falana SAN, Chief Wole Olanipekun SAN, Senator Shehu Sani and many more including my boss, Chief Olusegun Osoba, two-time governor of Ogun state, whom I served as Oyo state Editor, when he was the Managing Director of Kwara state owned NIGERIAN HERALD forty-nine years ago. The name that strikes me most is that of Chief Eleazar Chukwuemeka Anyaoku (91) from Obosi in Anambra state. He married an Egba Princess, Ebunola Olubunmi Solanke in 1962. At ninety-one, the struggle to change our Presidential System of government may turn out to be his last struggle. He led a delegation to President Bola Ahmed Tinubu in THE VILLA recently in his crusade for a change of the constitution.

Chief Emeka Anyaoku had his education at the Merchants of Light School, Oba and the University of Ibadan. He attended courses in Cambridge, England, Institute of Public Administration, London, Cavillam Institute, France; management trainee, later regional assistant, Commonwealth Development Corporation, London and Lagos, 1959-1962, joined Nigerian Diplomatic Service, 1962, member, Nigeria Permanent Mission to the UN, New York, 1963-1966, assistant director, International Affairs Division, Commonwealth Secretariat, 1966-1971, director, International Affairs Division, 1971-1975, assistant, secretary-general, Commonwealth Secretariat, London, 1975-1977, deputy secretary-general, Commonwealth Secretariat, London, 1977-1983, Minister of External Affairs, November-December, re-appointed deputy secretary-general , Commonwealth Secretariat, 1989, assumed office July 1990; deputy chairman, later vice-president, Royal Commonwealth Society, London since 1972, member, Committee of Management, Institute of Commonwealth Studies, University of London, 1972, former director and chairman of the African Centre, London, member of the governing councils of the overseas Development Institute  (ODI), The International Institute for Strategic Studies, London, and  Save the Children  Fund; secretary for the committee reviewing Commonwealth inter-governmental organisations, 1966, secretary for the Commonwealth Observers Team covering the Gibraltar Referendum, 1967, and  secretary to the Commission to find a resolution to the 1969 Anguilla crisis, lead secretariat team accompanying Commonwealth Eminent Persons Group to Southern Africa, 1986. Dr. Emeka Anyaoku holds the Chieftaincy title of the Obosi of Nnanyelugo. 

When people like Chief Anyaoku talks, I am sure they know what they are talking about. He and his likes should be encouraged in their condemnation of the Presidential Constitution that we are operating.

The opinions expressed in this publication are those of the author. They do not represent the opinions or views of OSUN DEFENDER.