BAYO'S PERISCOPE

Samuel Bayo ArowolajuTuesday, March 1, 2005
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SOVEREIGN NATIONAL CONFERENCE
- THE PEOPLE'S RIGHT (PART II)


n the first part of this article published on Sunday February 20, 2005 by the Nigeriaworld.com, an attempt was made to show that any constitutional conference, called by whatever name is convened by the people, organized by the people, participated or deliberated by the people or their elected representatives, and the final deliberation is approved by all the peoples directly through a referendum and codified into what becomes the constitution of the people. This is why the preamble is usually commenced with the sovereign audacity of "WE the people��"


We also attempted to show that unfortunately, Nigerians as a people and Nigeria as a country have never had the wonderful experience of constitution making the people's way because of the denial of their fundamental rights to self determination, by past and present rulers. These are rights which are not granted by but guaranteed and protected by the governments and authorities that exercise political power over the people. By giving the example of the Yoruba people, we showed some fundamental characteristics which make the people unique, and which predate any colonial government and which any government must recognize and respect. This is why making any constitution for such people without the consent and approval of the same people is as worthless as a shower of rain in the desert. Such constitution will never worth more than the paper on which it is written. Honestly I will opine that it does not deserve the respect and obedience of the people over which it assumes authority.

In this second part, we will show among other things that what is good for the Yoruba is good for Hausa, Fulani, Igbo, Ijaw, Ishekiri, Urobo, Ibiobio and hundreds of other ethic or tribal groups and peoples of Nigeria. It is gratifying to note that the word "peoples" have been universally recognized to mean the "indigenous peoples" which is actually what it is. The peoples of Nigeria are those original indigenous peoples native to their local land area, decades before the woman who first pronounced the word "Nigeria" ever stepped her feet on the shores of Nigeria. It is now a sad political and economic irony that the same peoples have virtually become aliens or slaves in the land of their fathers in the name of Nigeria. It is these same indigenous peoples who must not be denied a final say on all matters but particularly political, economic, religious and cultural issues that affect them; which is what the rights to self determination is all about.

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It is wrong or mischievous to deny these peoples their rights because of the assumption that such rights to self determination could be misused or misapplied and bring a potential threat to the territorial integrity, peace, unity and security and stability of the country. Those who feel this way have forgotten that without the indigenous people agreeing to come together, the country would not be there in the first instance. The problem with Nigeria is that the peoples' consent or opinion have never been sort or received before Nigeria was forced on her indigenous peoples. This is why it is not too late to learn, never too late to start and do things the right way, which is why the voice of sanity and wisdom today in Nigeria is shouting for a Sovereign National Conference but the enemies of the peoples of Nigeria are silencing and tramping them with the power they have stolen from the same people.

Where and when things are right; when people are recognized and respected and treated like human beings and when the true diversity of a people and country is recognized and respected not by words only as in Nigeria's "unity in diversity", nation-states within a Nation would not clamor for independence but for autonomy and self government under a true Federal Constitution. This is where the people exercise their right to freely determine their political status. This right to autonomy and self government is not only granted or recognized by the internal government or any government for that matter, it is recognized by Article 31 of the Draft United Nations Declaration on Rights of Indigenous Peoples. It declares:

"Indigenous peoples, as a specific form of exercising their right to self determination, have the right to autonomy or self government in matters relating to their internal and local affairs, including culture, religion, education, information, media, health, housing, employment, social welfare, economic activities, land and resource management, environment and entry by non-members, as well as ways and means for financing these autonomous functions."

Simply put, the rights to self determination says that every indigenous people or group have the right to determine their life and existence in the areas of economy, culture, and social development. In 1975, the International Court of Justice in its advisory opinion in the case of Western Sahara defined self determination as "the need to pay regard to the freely expressed will of the peoples."

Autonomy and self government is the key under the principle of self determination. Let me say here again that that does not mean independence. It does not in any way leads to or encourages session. It only relates to the degree of defined or formal freedom enjoyed by the people who constitute the regional or state government or authority, especially in the areas of decision making processes on matters already agreed upon and defined. It is not any where near secession but it affords or allows internal independence and autonomy on purely internal or domestic affairs, as against defense and external affairs, and other such matter that binds all the other peoples together which are handled by the national government for the common good of all.

Autonomy and self government defines allocation and exercise of powers by all levels of authorities in a pre arranged and agreed format and on the basis of the sacrosanct and shared values. The regional government keeps those things that are dear to them and upon which they make final decisions. The national government keeps those things that define and affect all stake holders, upon which it makes final and exclusive decisions. Then those issues or items over which both the regional and national governments are concerned or have shared interest are concurrently provided for by both or either but where and if there is a conflict, the agreed upon principle is to allow that national interest to prevail but not before the regional government have been allowed to see where and how its interests have not been jeopardized or compromised.

From the above we can see that bringing the people or all the stake holders in a national government together has no other or better substitute. If the rights to self determination emphasizes the fact that all governments should pay particular attention to recognizing and respecting the "freely expressed will of the peoples," then how do we have a freely expressed will of the people without a free and fair election whereby the representatives of the people are elected to discuss, deliberate, and agree on the terms and agreement of a union; an agreement which is further submitted for the final approval by the mandate of the people given through a national free and fair Referendum conducted solely for that purpose of approving the constitution, which has become the outcome of the deliberations. Anything short of this arrangement does not allow for a freely expressed will of the people and it is therefore not acceptable under a normal democratic dispensation.

The need for autonomy and self government by any and all indigenous peoples within a geographical area called a country is the only way or road to unity, peace, and progress. I am aware that the motto of Nigeria has always been "Unity and Faith, Peace and Progress" but the question at the lips of every average Nigerian who have never been part of the share holders in the business venture which Nigeria has always been is: "Where are the unity, faith, peace, and progress? Maybe, they are only on paper or in the mindset of the rulers or they really exist but only in the negative sense.

Surely, there are certain negative truths about this motto. One, is that our rulers in the past and present who have ruined more than ruled Nigeria and Nigerians have actually have Unity of purpose and determined efforts to steal as much that comes their ways of the national wealth as they could. The second truth is that an average Nigerian, no longer have any Faith in either the country or its cabal of self seeking leaders and rulers, because they have never put the interests of Nigeria and Nigerians over and above their selfish interests and those of their immediate relatives.

The third naked truth which is known, and which resonates across Nigeria and overseas, is that there has never been any Peace in Nigeria since the mistake of 1914 was made. Any short interregnum has always been like the peace of the grave yard or a moment which affords the combatants time for rest and regrouping. In between these periods the street armed robbers have never ceased to terrorize the poor people who have not stolen money to live in fortified homes guarded by armed soldiers and policemen paid by the same poor tax payers. Another irony is that these guarded or protected executive robbers don't pay tax. Which ever side the coin falls the peoples are the losers.

From and because of the above negative truths about Nigeria, we come to the last truth about Nigeria, which is; there is no Progress. This is the culmination or results of the earlier truths. Counting from the date of Flag Independence on October 1, 1960, Nigeria is like a Forty-Five year man with an IQ below 45. Put it in a more instructive way, Nigeria is like a 45 year old man thinking and behaving like a 5 year boy. Although most of the rulers and leaders have made phenomenon progress in how they steal the wealth of the nation and using the same to oppress the people. Many who would have been nobody because they lack what it takes to succeed in an honest society have suddenly become the local champion and celebrity, at the expense of hardworking, honest and intelligent people who depends on the sweats from their brow.

The nature, form and characteristics of Nigeria as a country in terms of its multi-national, multi-lingual, and multi-cultural; makes the convocation of a conference of all its nationalities, which is why it is wise to call it National Conference. Since the decision arrived at the conference will be the decisions of the peoples of Nigeria (the true sovereign) over and above which there is no other power and authority, then, it is germane to call or see such decision as binding on all; then, it is appropriate to tag the conference sovereign since its decision is final and not subject to or need the approval of lesser power or authority. The principle of autonomy and independence of indigenous peoples that make up Nigeria is based on the following acceptable universal principles:

That indigenous people have the right to and will want to have adequate powers and self government covering their traditional and cultural areas. This, they believe will help growth and development, maintenance of indigenous values and norms and their survival. Each area can thus develop according to its pace and available resources.

It will help define in the first instance and redefine if previously neglected, the relationship between national and regional governments, which were arrived at through the process of negotiated settlement or agreements.

The principle of autonomy and independence is based on and highlights the right of the people to establish, run or manage their own lives, destiny, institutions and other areas of local lives that surrounds the traditional land system, economy, and resources, religious and cultural values.

It allows the establishment of and maintenance of vertical or and horizontal relationships with similar peoples or peoples who share their values even if living outside their regions or countries. This will allow or enhance the true spirit of unity in diversity.

It avoids surprises by defining areas of mutual exercise of power between the national and regional governments. Because of autonomy and self control, regional governments know those issues over which they have exclusive jurisdiction with unnecessary intervention and control by the national government.

The principle clearly allows clear demarcation of responsibilities and powers in a way that the competence of any authority is never confused, denied, or compromised. Demarcation or delineation of power, authorities and responsibilities is to avoid conflict.

In anticipation of conflict which has long been part of human or governmental relationships, a competent and agreeable means of judicial conflict resolution is provided, which will be respected and obeyed by all parties.

If it is agreeable to all parties, a clause or proviso of the constitution of the union is reserved for another step beyond autonomy and self rule towards complete independence and sovereignty without fussing and fighting. This though is uncommon but it may not be totally inappropriate.

Let me say here that the degree and concept of autonomy and independence may vary from people to people and from region to region depending on the values, hopes and aspiration they hold dear to them. This is why it very important that each region might end up having its own constitution different but not at variance with the national or Federal constitution because their values are just not the same. A direct corollary to the above fact of having different constitution is that fact that the regional governments or states if that is chosen may not have the same laws binding their different peoples, whose culture and tradition are likely to be different. This is the beauty of federalism.

What I have been saying though maybe political theories, yet they are not far from the known and acceptable political practices in other parts of the world, and fortunately here in Nigeria before the military came and threw away the crying baby and the bath water. Though the arrangement by then was not perfect, yet the military completely destroyed the imperfect system instead of taking care and remedying the imperfection. I remember that the Western Region had its own constitution, its own symbol of autonomy and self government. The West had its self government and autonomy at its own time even when other regions were not ready, followed by the East and then the Northern each followed the level of its political development, need and exigencies, which is what autonomy is all about.

The surest and shortest road to true unity of the peoples of Nigeria is to allow each group of its indigenous people the full free will to choose who they would want to associate with either as a people or and government at least at the regional level. Peoples who have consciously decided to come together under mutually agreed conditions and covenant are more likely to live together in less rancor and acrimony; thereby guaranteeing a truly united but diverse people and country.

To be concluded