The Need for National Political Reform Conference (3), by Afe Babalola

Indeed it is an irony that as a young school teacher, Alhaji Shehu Usman Aliyu Shagari (who was to later emerge as the First Executive President in the America-styled administration of the defunct Second Republic) has in 1948 written strongly against the amalgamation. The Northern opposition to the amalgamation process was to be re-enacted in 1953 debates leading to the call for the independence of the country, when Sir Ahmadu Bello was quoted as saying that the “amalgamation process” was a “mistake of 1914”.

In his book on “Nigeria” the German author Walter Schwarz had quoted Sir Ahmadu Bello, the Sardauna of Sokoto, as saying: “I would rather be called Sultan of Sokoto than President of Nigeria”. The above underscores the position about the faith in the geographic expression called Nigeria, previously held by the Northern political elites.

Nationalist Movements

The first major constitution for the country since the fusion of administration (amalgamation in 1914) was the Sir Hugh Clifford’s Constitution of 1922. Though the Constitution was handed down in veiled reaction to a steady growing feeling of nationalist movement, its provision failed to completely address the crux of the expectations of the Nigeria elites. The divergence of opinions as between the colonialists and nationalists may be understandably traceable to a crisis of loyalty and allegiance. The British had for several years, after the purported amalgamation, failed and or neglected to translate the full text of the legal concept of amalgamation into a political reality.

As much as possible Nigeria had remained a union only for economic reasons and until after the First World War the Northern and Southern sections were being administered as two distinct countries, the South enjoying all the trappings of a normal colony/possession protectorate having Executive and Legislative councils, whilst the Northern part of the country was being ruled by the Governor’s proclamation. In view of this, therefore, it was difficult for a common outlook amongst the British officials in the North and in the South on the one hand and their wards in the others.

When, however, following the promulgation of the Constitution of Sir Arthur Richards and the division of the country for administrative purposes in 1939, into the Eastern, Northern and Western group of provinces, the colonial administration reacted to the political reality in Nigeria.

Ever since this administrative division, regional parties had grown from trial organisations. Invariably the largest number of these parties membership were drawn from the regions of the party leaders. The Nigerian Youth Movement formed in 1934 by Dr. J. C. Vaughan, Ernest Ikoli and Samuel Akinsanya soon disintegrated because of trial jealousies and machinations of rival supporters of Samuel Akinsanya and Ernest Ikoli who fought over Dr. Kofoworola Abayomi. It was this unhealthy state of affairs which watered the soil of decampings and new entrants into political struggle that greeted the formation on August 24, 1944 of the National Council of Nigeria and the Cameroons, NCNC.

Suffice it to submit that the emergence of NCNC marked the beginning of Nigeria’s tortuous journey into nationhood. As events were changing in England politically, the effect of the Second World War which was going on can also not be over emphasized in considering factors which convinced the British in believing that there must be a gradual process towards a progressive disengagement from her colonies. With the intention of forestalling nationalist demands,  the British unfolded their plans for constitutional reforms in Nigeria.

Preparation for Independence

The Richard Constitution, therefore, tried to address some of the demands of the nationalists by enlarging membership of the legislative council to 43. For the first time also the jurisdiction was countrywide unlike what happened before wherein the Northern region was being administered separately. The Constitution also contained the provision which related to election of four members, three representing Lagos and one, Calabar. Regional legislatures were established in Enugu, Ibadan and Kaduna with an Upper House of Chiefs in the North where the Emirs have been so important and necessary for the purposes of the Colonial administration.

The powers of these Regional legislatures were clearly defined. They included mainly a consideration of budgets and also serving as electoral colleges for the legislative council in Lagos. The Richard Constitution was the first attempt in Nigeria’s history of arranging within a Constitutional framework an arrangement to associate different ethnic groups with one another for the purpose of governance. Notwithstanding the far-reaching provisions, the nationalists were far from being placated and called for a situation wherein more people would be elected. The Constitution was also seen by some of the nationalists as a subtle device by the British to perpetuate the division in the country by creating regions around which vested interest would revolve.

As political awareness increased, there arose the need to accommodate people of similar political leanings. The Action Group emerged from a cultural association of the Yorubas called “Egbe Omo Oduduwa” of which Chief Obafemi Awolowo was Secretary. The Northern Peoples Congress emerged from similar cultural movement in the North called “Jaman Mutane Arewa”.

With the formation of the Action Group and the NPC, the NCNC was increasingly identified with the Igbo aspirations. They represented the stage of the political situation in the country when in 1951, the Macpherson Constitution came into operation. The Constitution actually formalised the informal division of the country into regions by the Richard Constitution. Slight modifications were made in the Constitution to enlarge membership of the Legislature, the Northern House of Assembly continued to be bicameral i.e. the Governors still had reserve powers like under the Richard Constitution and could be invoked to guarantee law and order and good government. Nigeria still continued to operate a unitary system since all the subordinate lieutenant-governors in the regions were still loyal to the Governor General and the state legislature still served as electoral colleges for the central legislature the Constitution was still a far cry from true federalism.

In 1953, when Anthony Eronmonsele Enahoro moved a motion calling for the independence of the country in 1956, the British government was quick to point out to the uneven development in the country and the hostility existing between Northern and Southern elites. The motion was roundly condemned as being unrealistic by the Northern Peoples Congress leadership. Sir Ahmadu Bello later opined that independence at the time the southerners wanted it would have been suicidal for Northerners if they had assented to it. He meant by this that the North would have been at a disadvantage in that most of the administrators would have been Southerners because there were few qualified Northerners at the time. Opposition of Northerners to independence earned them public jeers from a motley crowd in Lagos, an unfortunate development which further convinced the Northerners that may be they after all did not have much in common with southerners.

In 1953, the AG sent a delegation led by Chief S. L. Akintola to the North to appeal to the masses. It was a wrong step forward and the delegation was attacked by rioting NPC supporters which resulted in mutual killings of Northerners and Southerners living in Kano.

Alarmed by the violence, the British government became more convinced that a large measure of regional autonomy was expedient and that only a federal system could hold Nigeria together. It was against this background that the constitutional conference was called in London in 1953 by the secretary of state for the colonies, Sir Oliver Lyttleton.

The outcome was the first federal constitution of 1954 which clearly defined the sphere of authority of regional and federal government. The Federal Government could make laws on aviation, banks, census, citizenship, copyright, currencies, customs, defense, deportation, external relations, Higher Educational Institution, Immigration, Mining, Police, Railways, inter-regional commerce, Trunk A roads, inter regional water ways, weight and measure, radio and television.

There was also a concurrent list specifying concurrent federal and regional jurisdiction and it was specified that federal laws under this list can only apply in regions that agree to enforce such federal law. The concurrent list included antiquities, bankruptcy, commercial combines, electricity labour, national park, tourism, traffic, surveys, water, power and public safety. Any area of legislation not specifically listed under this list was preserved for the regions as residual list. The judiciary was reorganised along federal lines so that the Supreme Court had appellate jurisdiction over the judgements of regional courts.

Revenue based on Derivation 

The revenue of the country was divided between the regions on the basis of derivation whilst the Federal Government kept about half of the revenue from excise and custom duties, the remaining half went to the regions. The Wilinsk Commission was set up to look into yearnings of the minorities, particularly those in the Middle Belt, Mid-Western region, the Calabar Ogoja and the River Niger Delta. In all these areas, there had been one form of political agitation or the other asking for creation of states. 

•Please send your comments to president@abuad.edu.ng

The post The Need for National Political Reform Conference (3), by Afe Babalola appeared first on Vanguard News.