University of Nigeria Virtual Library Serial No ISSN: 978-33374-8-3 Author 1 NWALA, Uzodinma T. Author 2 Author 3 Nigeria: Path to Unity and Stability Abuja Title National Constitutional Conference (1994-95) Keywords Nigeria: Path to Unity and Stability Abuja Description National Constitutional Conference (1994-95) Category Social Sciences Publisher Niger Books and Publishing Co., Ltd. Publication Date 1997 Signature PATH- -- TO UNITY & STABILITY, A Criticaf Review NIGERIA: PATH TO UNITY AND STABILITY Abvja National Constitutional Conference (197495) Background, Issues and Pmonal Reminiscences 0 T. IJzodinma Nwala, 1997 Published 1997 by Niger Daokc and Publishing Co., Ltd. P.O. Box 1629 Nsukka, N igcria. All Rights Rcservcd Under Copyrights. Typesct by: %ac Cornputer Services Ltd, Obollo Road, Nsukka. Cover Ill~~strationby: Simon Nwoko Dcpt, of Ed., U.N.N. Printed in Nigeria by Novelty Industrial Enterprises Ltd. I05 Agbani Road, Enugu. Dedication To all Nigerians and Friends of Nigeria Who struggle to keep her united Under conditions of Peace, Justice, Equality And Genuine Democracy. Table of Contents Table of Contents v Preface vii Acknowledgment xi PART I INTRODUCTION Chapter 1. My decision,to Attend the Conference Chapter 2. Previous Constitutional Conferences Chapter 3. The Genesis of the 1994-95 National Constitutional Conference (NCC) Chapter 4. Establishment of the NCC PART I1 A NATION IN CRISIS Chapter 5. General State of Crisis in Nigeria Chapter 6. The Pro-Democracy Movement Chapter 7. The Role of the Trade Unions PART I11 THE CONSTITUTIONAL CONFERENCE 1N SWSION Chapter 8. Inauguration and the First Plenary Session 66 Chapter 9. The Committee Stage and Second Plenary Session 75 Chapter 10. The Constitution Drafting Committee (CDC) 90 Chapter 11. Presentation of Draft Constitution and Report to Government 97 PART IV RESOLVING KEY ISSUES Chapter 12. The Role of the Southern Solidarity Forum 102 Chapter 13. The Emergence of Rotational Presidency 111 Chapter 14. Devolution of Power 129 Chapter 15. The Issue of Revenue Allocation 137 Chapter 16. Power-Sharing through "Federal Character Commission" 145 Chapter 17. Tackling the Problem of Corruption 168 Chapter 18. Controversy over the Status of the Federal Capitai Territory, Ablija Chapter 19. Ternlinal Date for Military Rule PART V POST-CONFERENCE DEVELOPMENT Chapter 29. Tnmcdiate ~osi-ConferenceDebate Chapter 2 I. PRC's llecisions on the Draft Constitution Cl laptcr 22. A Prognostication/Epilogue APPENDICES Kcy Decisions of the Conference. 'I'cst of' thc I'rcss Conference by Southern Ilclegates to tlic NCC. September 27, 1994. Tcxt of the Press Confercnct: givcn by Delegates from Igbo-Speaking Areas of Nigeria, I I th January, 1995. Text of Resolutions of the Conference of illc Eastern States 30th September, 1994. My Conlribution to the Plenary General Debate IXotation of the Presidency. by Alhaji M.I. Atta Press Conference by some Delegates from some States in the Northern Part of the Country in rcspect of the Rotational System. INDEX Preface The 1994-95 Nigerian National Constitutional Conference (NCC) was no doubt a historical landmark. It came at a time Nigeriz was at the brink of total collapse as a political entity following the a111:ulment of June 12, 1993 Presidential Election. The crisis which this ir~explicable action engendered led to the fall of the dictator, General Ibrahim Babangida, who was directly responsible for the annulmen!. The Interim National Government (ING) which was forged by Babangida and other political forces as a remedial measure, 1a:c.d barely three months because of the explosive intense resistance of lix people. The society was bitterly divided between the forces that masrer-minded or supported the annulment and those who demanded the installation of the presumed winner of that election, Chief Moshood K.O. Abiola. It was under such an uncertain political environment that tile military coup of General Sani Abacha took place. General Abac!la hirnself was the Minister of Defence and virtually the second-1n-coini1ia11dunder General Babangida. He was the only military man holding a key political position who was not retired along with General Babangida's exit on August 26th 1993. He retained the same position nndc-r Ernest Shonekon-led ING, being not only the Minister of Defence, hut also the Vice-chairman of the ING. The assumption of power by General Abacha did not abate the call and pressure for the installation of Abiola as President. Those politicians and human rights activitists who encouraged Abacha to assume power said they did so on the understanding that he would actualise the June 12 Presidential Election result, and have Abiola installed as President. Midway into General Babangida's rule intense call fur 3 Sovereigr; National Conference had started. The National Question assumed the centre stage of our national political debate. Prolonged military dictatorship which became increasingly repressive, anti-democratic and insensitive to the rule of law, had led to the emergence of pro-democracy groups. This reinforced the existing radical pressures and miliinnt laboui movement in the country. At the same time, very disturbing evidence of ethnic and gc+politica vii domination and marginallsation led to the emergence of some minority organisations and movements. The minorities whose territories produced [he bulk of the 011, the mainstay of our national economy, agitated for greater say and greater share in the disposition of the national wealth. The South which had produced executive rulership for only four years three months of tlie nation's thirty-three years of independence (1960-92) demanded a new political structure and new power and revenue-sharing formula for the country. All these forces, together with the democratic forces, clamoured for an end to military rulc. To the Southern peoples the Nigerian military had become an instrument of doniination by the North, but to the Northern denlocrats t!ie military was seen as an instrument of dictatorship by the conservative forces in Nigeria. At the tlme Abacha's regime came on board, the Nigerian military had become extrcniely discredited. However, only the military alone had the nionopoly of force to keep the country together. Incidentally, many of those Ahacha appointed to run the government with him were people with deniocratic credentials of some sort. While rejecting the call for a Sovereign ~Vtrfiot~nlConference, Abacha promised n Cotwrtr~tion~lCor?jerazw. 011 this, the nation was further divided. However, the hdplessness of the situation was due to the fact that the opposition lacked the force to effectively counter Abacha's regime. Besides, to press for a nlilitary solution would inevitably lead to civil war with its obvious cost in lives and materials and an unpredictable outcome. That noiwithst:inding, there were obvious calls for a break-up of the country. Sum others called for a Confederation with separate armies. It was salutary when tlie voice of reason prevailed and majority decided to accept Abacha's otfer for a Constitutional Conference at the end of which his regime would handover power to an elected civil authority, iMany groups and political forces submitted their Memoranda to the Conference. Among these were the Yoruba-Speaking Peoples, the Northern Consultative Folum, Igbo-Speaking Peoples, the Southern Minorities Forum, etc. Considering the explosive political atmosphere at the time the NCC came on board, it can be said quite frankly that the Conference did take the sail out of the forces of disintegration. Many of those who attended tlic Ccmference were genuine patriots who helped to save the country at that llistorical j~~~~tlii'i. The Conference was boycotted by certain people, especially, many from the South-West. However, from the popular reception given to the decisions of the Conference by both supporters and the opposition, it could be said that the outcome of the NCC point in the direction of a genuine national reconciliation. The NCC dealt with and took positive decisions on issues that are basic to the continued survival of Nigeria as a nation. Among the key decisions are those related to Rotational Presidency and rotation of power, a new Revenue Sharing Formula, Equitable sharing of power through the Federal Character Commission and the six zonal arrangement, An end to winner-takes-all and the constitutional provision for a Government of National Unity, Tribunal for the Recovery of ill- gotten wealth, Autonomy of the Central Bank of Nigeria (CBN), A 5- year term for President and Governors, Reduction in the size of the Legislature, Devolution of power and autonomy of the States in the management of their affairs in keeping with the principles of true Federalism, Establishment of a Constitutional Court, etc. In theoretical terms, these decisions embody principles that underlie Consociational Democracy. This is not only obvious in the spirit of consensus which pervaded the work of the NCC itself and gave rise to the momentous decisions it took, it is also obvious in the concept of Government of National Unity and Consensus. Indeed, the new Draft Constitution and the other Decisions and Recommendations of the NCC provide a veritable foundation for the coalition and co-operation of various political forces in our plural society. The only unfortunate major exception to this positive record was the open cheque which the NCC gave the military regime to determine its transition programme and date for handover of power. This came by way of the NCC over-turning its earlier popular decision which had set the exit date for the military Government on January lst, 1996. The reversal was severely criticised both nationally and internationally. Apart from this lapse, the NCC generally was positively appraised. It was seen as having theoretically and practically provided a compass for the nation to swim out of its incessant circle of crises and instability. But this can only be, if the Draft Constitution the NCC produced as well as its key Decisions and Recommendations are given the effect of law and faithfully implemented.