Gbenro Adesina
Aare Afe Babalola, Senior Advocate of Nigeria (SAN), and founder of Afe Babalola University (ABUAD), has stressed that Nigeria is long-overdue for restructuring, pointing out that there can never be a meaningful development without restructuring the country.
The legal icon, who attributed various challenges facing Nigeria to the undemocratic 1999 constitution, stated, “I have noted, the 1999 Constitution imposed on the country by the military has stifled innovation and has made it difficult for states and private sector to attain the required level of financial and structural autonomy”.
Delivering the 2021 convocation lecture titled, “The Prospects and Challenges of a World Class University in the Nigerian Context Today”, Babalola said, “The uneven allocation of power and responsibility between the federal and state governments is at the heart of the on-going agitation for restructuring in the country. The call for restructuring Nigeria has been the subject of discourse by many stakeholders who, over the years, have lent their voices-heard unheard-toward revisiting the institution, socio-economic and political structure of Nigeria. It is my firm belief that all the points canvassed above can be better achieved through a long-overdue restructuring of Nigeria”.
According to him, “Under this proposed system, Nigeria will return to the federal system of government it practiced between 1960-1966 and allow each of the regions to develop at its own suitable pace, rather than consolidating power to a central unit”.
He said, “Given the size and diversity of a heterogeneous nation like Nigeria, it is inconceivable to expect that the Federal Government will be able to effectively finance and oversee the education sector. Currently, not only does the Federal Government have strong control over finances required to run the sector, the Exclusive Legislative List of the 1999 Constitution erroneously places the authority to regulate and prescribe minimum standards for education at all levels under the exclusive preserve of the Federal Government”.
“Take Canada as an example and you will find that Canadian Constitution categorises education as one of the matters of a local nature and vests the absolute control of education under the exclusive powers of the United States and Australia where each of the federating units has absolute autonomy and legislative responsibility to oversee its educational institution”, he added.
Babalola lamented, “Unfortunately, the military imposed the 1999 Constitution which contains 67 items on the Exclusive Legislative List and only reserve 30 items on the Concurrent Legislative List, meaning that the Federal Government can equally legislate on those 30 items to the exclusion of the State”.
He reminiscence, “in his 1966 book titled, “Thoughts on Nigerian Constitution”, Chief Obafemi Awolowo concluded as follows: “We are now in a position to asseverate categorically and with all emphasis at our command that since Nigeria is a multi-lingual and multi-national country per excellence, the only Constitution that is suitable for its peculiar circumstance is a Federal Constitution”. That was the practice between 1960 and when the military took over power via a coup d’état of January 15, 1966.”.
“This is the kind of reform and restructuring that we need in Nigeria. In order to achieve sustainable growth in Nigeria, the government must be willing to adapt to ever-changing realities and avoid being conformed to a rigid, unworkable structure. Nothing in life is indeed permanent, and therefore, the need for constant evolvement of the human race in response to external stimuli in pivotal to ensuring survival. I, therefore, implore the government and all stakeholders to ensure that a new peoples Federal Constitution is in place before the next election. The government should institute a Sovereign National Conference solely for a Federal Constitution. The member shall be selected on zero party basis”, Babalola justifies SNC and people’s constitution in Nigeria.
