When The Regions Were Autonomous And Free, By Eric Teniola
POLITICS DIGEST – I find the press release by the Attorney-General of the Federation, Mr. Abubakar Malami, SAN, of January 14 on the Security outfit of South Western states very interesting. The Minister could not find it dignifying to personally sign the press release on a weighty issue like that. He merely asked his media aide, Dr. Umar Gwandu to sign the press release on his behalf. That has become the pattern of some top government officials particularly those in the central government these days. We have just marked the fifty years anniversary of the end of the civil war in Nigeria. A tragic war indeed. The anniversary should remind all of us especially top government officials on the need for caution in treating national issues. Less arrogance must be applied. At the time we finished the civil fifty years ago, Mr. Abubakar Malami was two years old, so in effect, he did not witness what led to the civil war. He is not alone. I leaned he is very comfortable now and that his next ambition is to be the governor of Kebbi state, a land of equity, when the term of the incumbent, Senator Abubakar Atiku Bagudu expires.
The desired National Unity in Nigeria, which has been fragile all these years, cannot be achieved through legal interpretation. Unity cannot be strengthened when there is a master to slave relationship. If the idea of National unity in this country is still a dream, top officials of the central government past and present should share a greater part of the blame. By their actions and pronouncements, they are polarizing the entire country.
What I find strange is how an appointed official could talk down to elected governors doing the wishes of their people. The situation leaves no one in doubt that something is wrong with this type of Democracy forced on us by the military since May 1999. Those calling on the restructuring of the democratic process have valid points. It is the operation of an imbalanced system of government that could create chaos.
Every Nigerian is a stakeholder in the Nigerian project. There is insecurity everywhere—a failure on the part of the central government—-elected state governors want to ameliorate the situation in their states, the central Attorney-General of the federation and Minister of Justice says the action is illegal. I find it very difficult to understand.
Mr. Malami needs to be reminded like all others like him that there was a time in this country, in 1966 to be precise when there were four regions in Nigeria and the four regions had their separate constitutions. The regions were Northern region, Western region, Eastern region and Mid-Western region.
In the wisdom of the military and thanks to General Yakubu Gowon, General Murtala Mohammed, General Ibrahim Babangida and General Sani Abacha, the old Northern region now constitutes nineteen states including Abuja. The nineteen states are Adamawa (Land of Beauty, Sunshine & Hospitality), Bauchi (Pearl of Tourism), Benue (The Nigeria Foods Basket), Borno(Home of Peace), Gombe (The Jewel in the Savannah), Jigawa (The New World), Kaduna (Centre of Education), Kano (Centre of Commerce), Katsina (Home of Hospitality), Kebbi (Land of Equity), Kogi (The Confluence state, Kwara(State of Harmony), Nasarawa (Home of Solid Minerals), Niger(The Power State), Plateau (Home of Peace &Tourism), Sokoto (The Seat of the Caliphate), Taraba(Nature’s Gift to the Nation, Yobe (Pride of the Sahel and Zamfara (Farming is Our Pride). The old Western region now is made up of six states—Lagos (inclusive) (Centre of Excellence), Ogun(The Gateway State), Oyo(Pace Setter State), Osun(Land of Virtue), Ondo(The Sunshine State) and Ekiti (Land of Honour and Integrity) states.
In the wisdom of the military also, the old Mid-Western region now constitutes Edo(The Heart Beat of the Nation) and Delta (The Big Heart) states while the old Eastern region now constitutes nine states namely—Anambra (The Light of the Nation), Ebonyi (The Salt of the Nation), Abia (God’s Own State), Imo (The Eastern Heartland), Enugu (The Coal City State), Akwa-Ibom (Promised Land), Rivers (Rivers of Possibilities), Bayelsa (The Glory of All Lands) and Cross Rivers(The People’s Paradise) states. The region were separate and autonomous on their own and they had Agents General in the United Kingdom who were like ambassadors.
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Section 64 of the Constitution of Mid-Western region affirms that Power to appoint persons to hold or act in the office of the Agent-General of the Region in the United Kingdom (including power to make appointments on promotion and transfer) and to remove persons so appointed from that office shall vest in the Governor, acting in accordance with the advice of the Premier; Before tendering any advice for the purposes of this section in relation to any person who holds any office in the public service of the Region other than an office to which this section applies, the Premier shall consult the Public Service Commission of the Region.
Section 65 of the Western Nigeria Constitution states that Power to appoint person to hold or act in the office of the Agent-General of the Region in the United Kingdom (including power to make appointments on promotion and transfer) and to remove persons so appointed from that office shall vest in the Governor acting in accordance with the advice of the Premier; Before tendering any advice for the purposes of this section in relation to any person who holds any office in the public service of the Region rather than an office to which this section applies, the Premier shall consult the Public Service Commission of the Region.
Section 66 (1) of the Constitution of Eastern Nigeria states that Power to appoint persons to hold or act in the office of the Agent-General of the Region in the United Kingdom (including power to make appointments on promotion and transfer) and to remove persons so appointed from that office shall vest on the Governor, acting in accordance with the advice of the premier. (2) Before tendering any advice for the payment for the purposes of this section in relation to any person who holds any office in the public service of the Region other than an office to which this section applies the Premier shall consult the Public Service Commission of the Region.
Section 68 of the Constitution of Northern Nigeria states that (1) Power to appoint persons to hold or act in the office of the Agent-General of the Regions in the United Kingdom (including power to make appointments on promotion and transfer) and to remove persons so appointed from the office shall vest in the Governor, acting in accordance with the advice of the Premier. (2) Before tendering any advice for the purposes of this section in relation to any person who holds any office in the public service of the Region other than an office to which this section applies, the Premier shall consult the Public Service Commission of the Region.
You don’t have the power to appoint an Agent-General unless you are a Sovereign state.
The constitutions of the four regions had differences, which made them sovereign and unique. For example, the Western Region created a Court of Appeal which was the first of its type in the Federation. Section 52 of the Constitution of Western Nigeria states that there shall be a Court of Appeal for the Region; the Judges of the Court of Appeal of the Region shall be—the President of the Court of Appeal; and such a number of Justice of Appeal (not being less than three) as may be described by the Legislature of the Region.; the Court of Appeal of the Region shall be a superior court of record and, save as otherwise provided by any law in force in the Region, shall have all the powers of such a court.; the President of the Court of Appeal of the Region and the Justices of Appeal shall be appointed by the Governor, acting in accordance with the advice of the Premier; A person shall not be qualified to hold the Office of President of the Court of Appeal of the Region or of Justice of Appeal unless—-(a) he is or has been a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court; or he is qualified for admission as an advocate of Nigeria and he has been so qualified for not less than ten years; If the office of President of the Court of Appeal of the Region is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then, until a person has been appointed to and has assumed the function of that office or until the person holding the office has resumed those functions, as the case may be, those functions shall be performed by such one of the Justices of Appeal as may from time to time be designated in that behalf by the Governor, acting in accordance with the advice of the Premier; If the office of any Justice of Appeal is vacant or if the person holding the office is acting as President of the Court of Appeal of the Region or is for any reason unable to perform the functions of his office, the Governor, acting in accordance with the advice of the Premier, may appoint a person qualified to hold the office of Justice of Appeal to act in the office of a Justice of Appeal and any person so appointed shall continue to act for the period of his appointment or if no period is specified until his appointment is revoked by the Governor, acting in accordance with the advice of the Premier.
To be continued…
Teniola wrote from Lagos.
