}

By Editor, Atlantic Post

Introduction: The Fragility of Nigeriaโ€™s Unitary Structure

Nigeria, a nation with a rich tapestry of ethnic diversity, stands on the precipice of collapse due to its deeply flawed 1999 Constitution. The countrywide cacophony surrounding the issue of restructuring has reached deafening levels, with intense debates and demands for constitutional reconstruction echoing across the nation. Tony Nnadi, a leading figure in the Lower Niger Congress (LNC) and the Nigerian Indigenous Nationalities Alliance for Self-Determination (NINAS), has issued a stark warning: the unitary Nigeria defined by the fraudulent 1999 Constitution is a disputed project and will crash unceremoniously unless the country addresses the grave constitutional grievances driving the union towards its demise.

Tony Nadi
Tony Nnadi, a leading figure in the LNC and NINAS, has issued a stark warning: the unitary Nigeria defined by the fraudulent 1999 Constitution is a disputed project and will crash unceremoniously unless the country addresses the grave constitutional grievances driving the union towards its demise. July 5, 2024.

Understanding the Core Issues: Union, Structure, and System of Government

To dissect the complexities of Nigeria’s constitutional crisis, it is essential to focus on three main issues: the question of union, the structure of the federation, and the system of government. These issues are intrinsically linked and must be addressed in a specific sequence to achieve meaningful and lasting reform.

The Question of Union: A Fractured Agreement

The first and most fundamental issue is the question of union. Have the diverse ethnic constituent components of Nigeria truly agreed to be one political union? The preamble of the 1999 Constitution falsely claims that “We the Peoples of the Federal Republic of Nigeria” have “firmly and solemnly resolved to live in unity as one indivisible and indissoluble sovereign nation.” However, this assertion is deeply contested. Many argue that there was never a genuine consensus among Nigeria’s ethnic groups to form such a union, rendering the constitution illegitimate and the union itself a facade.

The Structure of the Federation: Federal or Unitary?

The second issue concerns the structure of the federation. In what formations have the constituent components agreed to relate as one political union? Should Nigeria operate as a federal or unitary state? This question encompasses critical aspects such as the number of tiers of government and the power relations between them. Under the current unitary system, power is highly centralized, leading to significant inefficiencies and a lack of autonomy for the states. This centralization has stifled development and exacerbated regional inequalities, fuelling resentment and agitation for restructuring.

The System of Government: Presidential or Parliamentary?

The third issue is the system of government. Should Nigeria adopt a presidential or parliamentary system? This question, while important, is tertiary to the issues of union and structure. It cannot be meaningfully addressed until there is clarity and consensus on the nature of the union and the structure of the federation.

The Fraudulent Claims of the 1999 Constitution

The 1999 Constitution is built on three egregiously false claims. Firstly, it asserts that “We the Peoples of the Federal Republic of Nigeria” have agreed to form a union. Secondly, it claims that these peoples have resolved to live in unity as one indivisible and indissoluble sovereign nation. Thirdly, it states that this agreement has been codified into the constitution. These claims are widely contested and form the basis of the argument that Nigeria, as currently constituted, does not have a legitimate union.

The Urgent Need for Restructuring

The calls for restructuring are not merely about administrative adjustments; they are about addressing fundamental constitutional grievances. The NINAS, for instance, formally declared a union dispute through the December 16, 2020, Constitutional Force Majeure. This declaration underscores the urgency and seriousness of the demand for constitutional reforms. Without addressing the primary question of union and subsequently the structure of the federation, any discussion about the system of government is premature and superficial.

The Role of Leadership and Honesty in Addressing the Crisis

For Nigeria to navigate this constitutional crisis successfully, its leaders must demonstrate discipline and honesty. It requires a sober and honest engagement with the issues at hand, free from the typical political manoeuvring and expediency. The current trajectory, characterized by denial and half-measures, will only lead to the unceremonious collapse of the unitary Nigeria under the weight of its own contradictions. Such a collapse would have catastrophic consequences for the millions of Nigerians trapped in what Nnadi refers to as the “Failed Lugardian Experiment of 1914.”

The Consequences of Inaction

The failure to address these constitutional grievances will not only lead to the collapse of the unitary state but also plunge Nigeria into chaos. The country is already witnessing rising ethnic tensions, secessionist movements, and widespread discontent. These are all symptoms of a deeper malaise that stems from the illegitimacy of the 1999 Constitution. If these issues are not addressed, Nigeria risks descending into a state of anarchy, with dire consequences for its citizens and the wider region.

The Way Forward: A New Constitutional Framework

The way forward requires a new constitutional framework that genuinely reflects the will and aspirations of Nigeriaโ€™s diverse ethnic groups. This framework must be based on a true federal structure that devolves power to the regions and allows for greater autonomy. It must also ensure that there is a genuine agreement on the union, with all constituent components having a say in the formation and structure of the nation.

Engaging with Stakeholders

Achieving this new constitutional framework will require engaging with all stakeholders, including ethnic groups, civil society organizations, and political leaders. It will require a national dialogue that is inclusive and transparent. Such a dialogue must be free from the usual political interference and must aim at reaching a consensus on the way forward.

The Role of the International Community

The international community also has a role to play in supporting Nigeria through this transition. It can provide technical assistance, facilitate dialogue, and offer diplomatic support. However, the primary responsibility lies with Nigeriaโ€™s leaders and its people. They must find the courage and the will to address these constitutional grievances and chart a new course for the nation.

Conclusion: A Call to Action

The warning issued by Tony Nnadi and the NINAS should not be taken lightly. Nigeria stands at a critical juncture in its history. The choices made in the coming months and years will determine whether the nation can overcome its constitutional crisis and emerge stronger, or whether it will collapse under the weight of its contradictions. The time for action is now. Nigeria must find the discipline and honesty to engage with its constitutional grievances and embark on a path of genuine restructuring. Only then can it achieve the unity and stability that has eluded it for so long.

By addressing these issues head-on and engaging in an honest and inclusive dialogue, Nigeria can hope to resolve its constitutional crisis and build a more stable and prosperous future for all its citizens. The time for action is now, and the stakes could not be higher.

Tony Nnadi’s Full Statement

THE UNITARY NIGERIA DEFINED BY THE FRAUDULENT โ€œ1999 CONSTITUTIONโ€ IS A DISPUTED PROJECT AND WILL CRASH UNCEREMONIOUSLY UNLESS WE FIND THE DISCIPLINE TO ADDRESS THE GRAVE CONSTITUTIONAL GRIEVANCES NOW DRIVING THE UNION TO ITS DEMISE 

Tony Nnadi, LNC-NINAS

As the Countrywide Cacophony on the โ€œRestructuring of Nigeriaโ€ reach new decibels and as Angry Debates rend the air about the Grave Constitutional Grievances of Nigeriaโ€™s Constituent Components, it has become necessary to dissect and bring clarity to the issues driving the Debates and the Trenchant Demands for the Constitutional Reconstruction of Nigeria which has now acquired the street parlance of โ€RESTRUCTURING.โ€

Amidst the unending confusion that trail these Debates and Demands for Restructuring, the three Main Issues that seek resolution relate to 

(a) the Question of UNION,ย 

(b) the Question of the STRUCTURE of the Federation andย 

(c) the Question of the SYSTEM of Government.ย 

These three relate to WHATย needs to be addressed; butย there is also the Question of HOWย which relates to the Sequence in which those three Main Issues can be addressed.ย ย 

As to be expected on a subject as complex as the Constitutional Arrangements of a Diverse Country like Nigeria, there is substantial deficit of clarity amongst many of those leading these Union Debates and Discussions.  

It is in the light of the foregoing that the following clarifications have become necessary: 

In terms of sequence, let it be known that we must first deal with:  

(1) the overriding Question of UNIONย (ie Have WE, the diverse ethnic constituent components of Nigeria Agreed to be One Political Union?) AND then:ย 

(2) the Question of the STRUCTURE of the Federationย (ie in what Formations have we AGREED to relate as one Political Union – Federal or Unitary, who are the Federating Units, how many tiers of Government and what are the Power Relations between the tiers?), before we can get to:ย 

(3) the issue of SYSTEM of Governmentย (ie whether we prefer Presidential or Parliamentary System).ย ย 

Those who wish to understand the three Questions above and the sequence in which they must be addressed, will do well to examine the three egregiously False Claims in the Preamble to the 1999 Constitution which asserts:

(i) that โ€œWe the Peoples of the Federal Republic of Nigeriaโ€ (ie the Ethnic Constituent Components of Nigeria)ย 

(ii) โ€œHaving Firmly and Solemnly Resolved to Live in Unity as One Indivisible and Indissoluble Sovereign Nationโ€ (ie to form ourselves into One Political Union in Perpetuity), andย ย 

(iii) โ€œDo Hereby Make, Enact and Give To Ourselves, The Following Constitutionโ€ (ie thatย we therefore codify our Union Agreement as discussed into the Document we now call โ€œthe Constitutionโ€).ย 

With the three issues highlighted in this note of clarifications, it is easy to understand the contention of those who insist that under the Fraud labeled โ€œthe 1999 Constitutionโ€, We Do Not Have a Union.ย 

It is also easy to understand the contention of those who demand the immediate Restructuring of Nigeria or the NINAS that formally declared a Union Dispute by way of the December 16, 2020 Constitutional Force Majeure. 

For the same reasons, it is easy to understand the absurdity of talking about a โ€œNew Governance Modelโ€ eg by Akin Fapohunda (which basically translates to the tertiary Question of System of Government) without first settling the Question of Unionย andย then after that the Question of Structure of Federation.ย ย 

Unless we find the discipline to soberly dissect these issues and the honesty to engage them, the guaranteed outcome is that Unitary Nigeria will collapse unceremoniously under the weight of its own contradictions, with catastrophic consequences for the trapped victims of the Failed Lugardian Experiment of 1914. 

Tony Nnadi, NINAS Secretariat  

July 5, 2024.


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