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ABSTRACT DEPARTMENT OF POLITICAL SCIENCE ANUCHA, DOMINIC U M.A. FAIRLEIGH DICKINSON UNIVERSITY, 1972 LL.B. LONDON UNIVERSITY, 1966 THE IMPACT OF CONSTITUENT ASSEMBLIES (1978-1995) ON NIGERIAN CONSTITUTIONS AND POLITICAL EVOLUTION Advisor: Dr. Hashim Gibrill Dissertation dated July 2010 This dissertation addresses the issues of crafting a constitution for Nigeria that would meet the criteria of being visible, sustainable, and durable for national political unity, social and economic development. Specifically, it focuses on the years 1978 — 1995 during which several high profile systematic, constitution crafting exercises were undertaken. These included the establishment of a Constitution Drafting Committee to craft a constitution, and a Constituent Assembly. Ultimately, these exercises have proven to be only partially successful. The goal of producing an endurable constitutional framework for Nigerian politics remains elusive. The two core questions pursued in this dissertation focus on: Why did the military pursue these constitution crafting activities? What are the pressing political issues that the constitutional framework will have to manage? The dissertation pursued these issues through surveys, interviews, a review of government documents and reports, participant observation, and a review of existing literature regarding constitution development, federalism and Nigerian history and politics. Key research findings uncovered pressing political concerns ranging across ethnic fears, gender and youth concern, institutional restructuring and economic subordination. Our findings also related to the elite background of participants in these constitutional exercises, and the intrusion of religion, class, and geographical interests into the deliberations of the assemblies. The continued violation of constitutional provisions by the military was highlighted. The widespread call for a Sovereign National Constitutional Conference to shape a new popular constitution for the country was also a prominent concern. Key recommendations focus on the need for a national constitutional conference free of political interference and constricting mandates. THE IMPACT OF CONSTITUENT ASSEMBLIES (1978-1995) ON NIGERIAN CONSTITUTIONS AND POLITICAL EVOLUTION A DISSERTATION SUBMITTED TO THE FACULTY OF CLARK ATLANTA UNIVERSITY IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY BY DOMINIC UKA ANUCHA DEPARTMENT OF POLITICAL SCIENCE ATLANTA, GEORGIA JULY 2010 ACKNOWLEDGEMENTS This work is dedicated to my late father, His Royal Highness Eze Thomas Wuju Anucha, and my late brother, His Royal Highness Hyacinth Niebem Anucha. They both brought me up to realize that there is always one better than the best. My mother, Lady Nwama Margaret Anucha takes her place alongside my dad. I am indebted to my family who sacrificed our togetherness for the success of this enterprise. I thank you all. In a special way, I thank Dr. Hashim Gibrill who guided me through the rugged path of academic excellence. His profound knowledge in his chosen career is worthy of emulation. I also thank Dr. William Boone whose subjects many dreaded, but I found a wealth of knowledge in them. I thank and remember our dear late Dr. Robert Fishman, my professor of Political Theory where I excelled. I also thank Dr. Robert DeJanes who served on my committee for the final draft in Dr. Fishman’s stead. I am extremely grateful to Dr. and Mrs Samuel Femi Ajayi who stood by me from my first day on this program to the success story it has become. I am equally thankful to Dr. Kwame Dankwa of Albany State University who painstakingly proof-read the entire dissertation and made worthwhile contributions therein. Worthy of mention is the Director of the Nigerian Institute of International Affairs, Professor Anthony Obiozor. His office and staff greatly facilitated my research efforts. I also thank the personnel at London University Research Library, and my Inn of Court Grays Inn Library, London was always there for me. I sincerely thank Ms. Pauline Moore and Ms. Miriam Gaines of Clark Atlanta University for typing and formatting the final draft. To God Be the Glory. TABLE OF CONTENTS ACKNOWLEDGMENTS . ii LIST OF TABLES ix LIST OF ABBREVIATIONS x CHAPTER INTRODUCTION 1 Statement of the Problem 1 Historical Background: Constitutions and Politics in Nigeria 2 Analytical and Conceptual Framework 8 Research Methods 12 Limitations of the Study 15 Literature Review 15 Summary 29 II. THE POLITICAL AND CONSTITUTIONAL SYSTEM 31 Constitutional Development in Nigeria Practices and Proposals 31 Diarchy or Triarchy 33 Structure of Government Relations among the Constituent Levels 36 Confederalism 36 Federalism 38 111 Nigeria’s Unique Federalism 41 Summary 50 III. POLITICAL PARTIES 51 Political Parties in Nigerian Political History 51 Political Parties and Constitutional Politics in Nigeria 58 Elections, Political Parties and Constitutional Developments in Nigeria 60 Summary 64 IV. SPECIAL ISSUES TN NIGERIAN POLITICS 66 Introduction 66 Religion and Politics in Nigeria 67 The Politics of Resource Control and Allocation 74 Revenue Allocation 78 Revenue Allocations and the Constitutions. The 1963 Constitution 82 The Creation of States 87 The National Census and Constitutional Deliberations 91 Gender and Nigerian Politics 99 Women and Nigerian’s Political History 100 Women and Politics in Comparative Perspective 102 Summary 107 V. OTHER SENSITIVE POLITICAL ISSUES 109 Regionalism, Ethno-Nationalism and Statism in Nigeria 110 Nationalism and Regionalism in the Constitutional Deliberations 125 Federalism and Citizenship in the Constitutional Deliberations 131 Summary 135 VI. TRANSFORMATION FROM MILITARY TO CIVILIAN RULE... 137 The Transitional Program and Constitutional Deliberations... 138 The Politics of the Transition Program: Political Bureau 138 The Report of the Political Bureau 141 Government Responses to the Report of the Political Bureau 144 Establishment of Constitutional Institutions 146 Ratification of the Constitution 148 Political Parties and the Transitional Program 149 The Judiciary and Fundamental Human Rights under the Military 154 The National Assembly and the Politics of the Transition Program 163 The Military in Nigerian Politics 165 The Military in the Report of the Political Bureau 166 Summary 168 V VII. CONSTITUTIONALISM . 170 Critiques of the 1989 and 1995 Constitutions 171 Impeachment Provisions in Nigeria 174 The Socio-Economic Make Up of the Constituent Assemblies 176 African Dependency and Dependent Constitution 182 Authentic African Constitution 184 Fundamental Rights of the African People 188 The Origin of African Democracy 190 The African Origins of Western Democracy 190 Summary 193 VIII. SURVEY QUESTIONS AND FINDINGS 194 Survey Design and Respondents 195 Analysis of Survey Responses: The Political Process 197 Party System 198 Military Regime 199 Creation of New States and Local Government 200 Structure of the Nation 201 Form of Government 203 Special Issues in Nigerian Politics 205 Religion and Politics 208 Political Marginalization 209 vi Restructuring of the Polity . 210 The Judiciary 211 The Rural Respondents 213 States or Local Government Units or Combination of Ethnic Grouping 216 Summary 217 IX. EVALUATION OF FINDINGS 218 Elitism and Constitutional Policies 219 Constitutional Dependency 219 Special Political Issues, Minority Issues and Revenue Allocation 219 Constitutional Deliberations and “No-Go-Areas” 220 Constitutional Ratification 223 Sharia 224 Federal Structure 225 Federal Principle 227 Ethnicity and Federal Character 229 Judicial Independence 230 National Electoral Commission, the Courts and the Constitution 231 Constitutional Provisions and Authentic Constitutionalism... 237 Political Party Systems 238 Summary 240 vii X. CONCLUSIONS AND RECOMMENDATIONS 242 Recommendations 247 Women 247 The Youth 247 National Issues and Problems 247 General Recommendations 249 Research Update 251 APPENDIX 252 A. State Creation Timeline B. Nigeria in Maps: Regions and States, 1955 - 1997 BIBLIOGRAPHY 257 viii LIST OF TABLES Table Page 1. The Federal Republic of Nigeria 1991 Population Census Results 95 2. Nigerian Heads of State and Government from the Date of Independence, October 1, 1960 to April 1982 131 3. Political Power Sharing (As of 1982) 132 4. The Constitution Review Committee Membership List — 1998 175 LIST OF ABBREVIATIONS ABN Association for Better Nigeria AFRC Armed Forces Ruling Council ANPP All Nigeria Peoples Party CA Constituent Assembly CAN Christian Association of Nigeria CC Constitutional Conference CDC Constitution Drafting Committee CLO Civil Liberty Organisation CRC Constitution Review Committee FCT Federal Capital Territory FEDECO Federal Electoral Commission FMG Federal Military Government IMF International Monetary Fund MAMSER Mass Mobilization and Social Economic Recovery NCC National Constitutional Conference NCNC National Council of Nigeria and the Cameroons NDSC National Defence and Security Council NEC National Electoral Commission NNA Nigerian National Alliance NPC Northern Peoples Congress NPN National Party of Nigeria NPP Nigerian Peoples Party NRC National Republican Convention OIC Organisation of Islam Conference PDP Peoples Democratic Party PFN Patriotic Front of Nigeria PRP Peoples Redemption Party PSP Peoples Solidarity Party RPB Report of the Political Bureau SAN Senior Advocate of Nigeria SAP Structural Adjustment Programme SDP Social Democratic Party UPGA United Peoples Grand Alliance UPN United Party of Nigeria CHAPTER