Reflections on Sections 51 and 91 of the 1979 Constitution of the Federal Republic of Nigeria
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REFLECTIONS ON SECTIONS 51 AND 91 OF THE 1979 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA SUNDAY BABALOLA AJULO Downloaded from https://academic.oup.com/afraf/article/89/357/511/77800 by guest on 27 September 2021 SECTIONS 51 and 91 of the 1979 Constitution of the Federal Republic of Nigeria would seem to enscapsulate what could be regarded as the official language policy1 of the Second Republic which it established. Section 51 stipulates: 'The business of the National Assembly shall be conducted in English, and in Hausa, Igbo and Yoruba..." Viewed against the background of Brann's2 exegesis on West African languages, English in the Nigerian Constitution would pass for an 'exolect', while the three indigenous languages therein mentioned would similarly pass for 'chthonolect'. The four languages in question are conjoined by the word 'and'. That conjunction, with its combinatory effect,3 would suggest that all the four languages are theoretically equal in value. Consequently, they would appear, prima facie, to be equally authentic. Thus, in Brann's sense, Nigeria could be said to have four 'exoglossics'.4 The applicability of the provisions of Section 51 was primarily designed for the defunct National Assembly; by extrapolation, however, it could also be extended to the other corporate bodies in the Federal Public Service, denned in Section 277 (1) of the same Constitution. The provisions in respect of the business languages of the State House of Assembly, similarly defunct, stipulate: 'The business of a House of Assembly shall be conducted in English but the House may, in addition to English, conduct the business of the House in one or more other languages spoken in the State as the House may by resolution approve'. S. B. Ajulo works in the AFRC/NCS Secretariat in Lagos. The views expressed are personal and do not represent the secretariat. 1. To date, no separate document contains the blueprint on the Nigerian Language Policy. However, certain official documents mention some languages in which official business may be transacted. These include the Nigerian Constitutions from 1951 to 1989; The National Policy on Education, 1977, revised in 1981; and the Cultural Policy for Nigeria (1988). These are discussed by the present writer in a paper titled: 'The Linguistic requirements of the Third Republic' presented at the 10th Congress of the Nigerian Association of Translators and Interpreters, held at the University of Lagos, 13-15 December, 1988. 2. C. M. B. Brann, 'Functions of World Languages in West Africa,' in West African Journal of Modern Languages 3 (1978), pp. 6-28. 3. R. Quirk etal.,A University Grammar of English (Longman, London: 1975), pp. 254-273. 4. Brann, ibid, but see further C. J. E. Okonkwo & Ibid. pp. 48-56, French, English and Spanish are today acknowledged world languages. See A. A. Mazrui, A World Federation of Cultures (Free Press, New York: 1977), pp. 322-333. The functions of world languages in West Africa are discussed by C. M. B. Brann, op. cit. pp. 6-28. The historical evolution of the use of English and French at the International Court of Justice is examined in British Year Book of International Law, 13 (1932), p. 139. 511 512 AFRICAN AFFAIRS The applicability of those provisions could also have been intended not only for the respective State Houses of Assembly but also for the corporate bodies in their respective public services. Four theories are deducible from Sections 51 and 91 of the 1979 Nigerian Constitution. First, that English, an exolect, should continue to be the business language of the legislative bodies in Nigeria; second, that the chthonolects should be used either when adequate arrangements have been Downloaded from https://academic.oup.com/afraf/article/89/357/511/77800 by guest on 27 September 2021 made for them, or when the respective legislative houses have resolved to take that line of action; third, that none of the chthonolects so used might replace the use of the exolect as the primary business language of all the corporate bodies in the entire public life, of Nigeria; and fourth, that the exoglossics in Nigeria consist of one European exolect on the one hand and three chthololects on the other. A discussion of these theories will constitute the focus of the present paper which: (a) examines why corporate bodies insert theoretically a clause on the exoglossics in which they should conduct their official business; (b) reviews the issue of official languages in some selected multilingual federations as background to the evolution of the official languages encapsulated by Sections 51 and 91 of the 1979 Constitution of the Federal Republic of Nigeria; and (c) posits that the translation of official texts from the exolect into chthonolects constitutes a challenge to which the present generation of Nigerian literati should address themselves. Constitutions, charters, treaties, conventions, agreements and contracts are legal instruments which are often written and published in one or more approved authentic languages. The essence of ensuring publication in several languages is, presumably, to reach out to a heterogenous public. Customarily, therefore, the language(s) in which the constitutive instru- ment of a given body is officially published is/are said to be authentic. International organizations embracing countries of diverse tongues offer classic examples, namely the United Nations, the Organization of African Unity, the European Community and the Economic Community of West African States. Article 111 of the UN Charter indicates that French, Russian, English, Spanish and Chinese are the authentic languages of that world body. By contrast, Article 19 of the Statute of the International Court of Justice stipulates that the official languages of the Court are French and English. Article 248 of the EEC Treaty, Article 24 (2) of the OAU Charter, and Article 58 of the ECOWAS Treaty contain comparable provisions.5 The discussion of the choice of languages in those bodies is 5. Article 24 (2) of the OAU Charter stipulates. 'The original instrument, done if possible in African languages, in English and French, all texts being equally authentic ...' Article 58 of the ECOWAS Treaty States: 'The official languages of the Community shall be such African languages declared official by the Authority and English and French'. For a discussion of the latter see S. B. Ajulo 'Law, Language ...'Journal of African Law, 29 (1985), pp. 1-24. REFLECTIONS ON SECTIONS 513 beyond the scope of this paper.6 Be that as it may, it is obvious that the choice of official languages in those organizations was not arbitrary. Multi-lingual countries are like international or supranational organiz- ations where diverse linguistic interests are necessarily catered for. While homogenous and monolingual countries tend to be silent on the language(s) in which their official domestic business should be conducted (e.g. Great Downloaded from https://academic.oup.com/afraf/article/89/357/511/77800 by guest on 27 September 2021 Britain, United States of America, Germany and France) countries with heterogenous societies tend to state, expresses verbis, the languages in which their official business should be conducted. The Union of Soviet Socialist Republics (US SR), Canada, Belgium and Switzerland offer classic examples. Theories on official languages in a federation The issue of official languages in a federation has been the preoccupation of a number of scholars. Wheare,7 in his Federal Government, said that each citizen in a federation is subject to two governments, namely the central and the regional (i.e. the federal and the state). Where the federation is multi- lingual each constituent state should acquire the main languages of the federal government in addition to its own local languages. Basically there- fore, each linguistic community in a federation should promote primarily its own language; but it should also be obliged to learn the official languages of the federal government. Watts8 considered the issue in his book, New Federations, in which he highlighted the explosive situation it created in India. In that country there was a move to promote Hindi as the official language. However, the issue precipitated acrimonious controversy among the Hindi protagonists and antagonists alike. In Nigeria, the choice of official languages has never really been allowed to come to the fore. This is not to say, of course, that views were (and are) not being expressed thereon. From time to time, the Nigerian dailies9 and weeklies10 carry feature articles on the desirability of adopting one of the Nigerian languages as the official language for the country. However, most of the views expressed thereon would appear to border on 'linguistic nationalism'.11 In the domain of theoretical analysis on Nigerian national affairs, the late Chief Awolowo could be regarded as one of the most prominent figures. The report of the panel appointed in 1975 to examine the possibility of 6. Any participant in the UN General Assembly is presumed to understand any of the UN official languages. Similarly, any Judge of the ICJ is expected to be literate in either French or English or both. 7. K. C. Wheare, Federal Government, (Oxford University Press, London: 1963), pp. 2-41. 8. R. L. Wafts, New Federations, (Clarendon Press, Oxford: 1966), pp. 233-236. 9. (a) Daily Times, Lagos, 1 October 1985; 8 November 1985. (b)Sunday Times, Lagos, 2 November 1986. (c) New Nigerian, Kaduna, 18 and 19 September 1986. (d) Sunday New Nigerian, Kaduna, 11 and 18 September 1988. (c) National Concord, Lagos, 13 July 1988. 10. (a) Hotline, Kaduna, 30 May 1987. (b) West Africa, London, June 29 1987. 11. S.B. Ajulo,N«o Norton, Kaduna, 29-30 November 1988. See also by the same author, 'Law, Language...', pp. 5-6. 514 AFRICAN AFFAIRS creating more states in Nigeria said 'the most pronounced of the creation of states on linguistic basis is Chief Obafemi Awolowo'.12 Indeed, in his auto- biography13 and subsequently in his Thoughts on the Nigerian Constitution, Awolowo anticipated the problem of official languages in Nigeria.