These are unusual times for Nigeria. From the North, there are serious insecurity problems many deny would not tear Nigeria apart. Then, from the South-south, first from Rivers State, a portion of it, Ogoniland, declared “self-determination” for itself. This was followed by the people of Bakassi Peninsular who recently declared “full independence” for themselves. Now, President Goodluck Jonathan’s home state, Bayelsa, has enacted a law for a flag, coat of arms and anthem. The state governor says the law is merely to promote the Ijaw identity. But some Nigerians see these happenings as centripetal forces that do not promote a nation’s unity.
BAYELSA State governor Henry Seriake Dickson came out to defend the Bill passed by his state House of Assembly, creating a flag, coat of arms and an anthem for the state even before he accented to it. He must have thought that the Bill was capable of being read both ways: A road to secession or concrete steps to actualisation of the tenets of true federalism in a federating nation-state. On Wednesday, he signed the bill into law.
About three weeks earlier, Ogoni people “enacted” what they called “self-government” and, like Bayelsa, claiming it was done not to undermine the Federal Republic of Nigeria. And within the month, the people of Bakassi in Cross River State, declared “full independence for themselves” as they felt that the Nigerian state no longer cared for them while Cameroun to which some of their land was ceded under the supervision of the United Nations, was only interested in the resources of the area and not the people.
These actions come at a time that terrorism in the North is assuming frightening dimensions. But Nigerians do not want issues that will break the nation, but those that would unite her.
In the Bayelsa State Bill titled: “Bayelsa State Flag, Coat of Arms and Anthem Bill, 2012” sponsored by Peter Pereotubo Akpe, Leader of the House representing Sagbama Constituency I, said that it seeks to establish and regulate the display and use of the state flag, coat of arms and anthem.
While presenting the bill on the floor of the House, he said the proposed state insignia shall be the symbol of the government and people of the state and shall be for general use and wherever appropriate.
According to him, the bill shall be representative of the ideals and aspirations of the people and the anthem shall be a unity song, which has special import for the people of the state to be sung at state functions and other special occasions.
He further explained that the state flag shall be exhibited or flown in all public places in the state and wherever appropriate and the state coat-of-arms displayed in all public places provided that nothing in the law shall be deemed to prohibit or restrict the flying or exhibiting of the national flag, coat-of-arms and rendering the anthem of the Federal Republic of Nigeria.
Under the law, the lawmaker explained that any person or group of persons who flies or exhibits the state flag or coat of arms with any addition or alteration, defaces or willfully destroys the coat of arms and flag or alter the wordings of the anthem, shall be guilty of an offence under the law and shall upon conviction be sentenced to six-month imprisonment with an option of fine of N100, 000 or both.
Governor Dickson on Wednesday signed eight bills, among them, the bill on Bayelsa State Symbols and Songs Law 2012.
The bills, signed at the Executive Chambers of Government House, Yenagoa before the meeting of the State Executive Council, provided a unique opportunity for government to make a clear pronouncement on the real intendment of the law:
“That Bayelsa State is a federating unit in the Federal Republic of Nigeria, created and recognized in the constitution with rights, powers and obligations and that all structures, organs and officials of the state operate under the Constitution of the Federal Republic of Nigeria.”
Dickson said the decision to have state symbols and songs, were as a result of the belief in true federalism as a cardinal cornerstone of Nigerian nationhood and it was in “exercise of our inalienable rights as a federating unit.” This, he noted, is a right, which cannot be denied since several other states with the same rights have equally exercised same, too.
He explained that the decision taken by the government in this regard is also as a result of their commitment to the propagation of Ijaw culture, language, history and ideals as well as creating a platform for government to rally the people for positive development within the context of a united, egalitarian Nigeria.
Special Assistant to the Speaker of the State House of Assembly, Preye Kiriyamo, told The Guardian in Yenagoa, that there was nothing wrong in the decision of the state to adopt its own identity.
And Lagos lawyer and constitutional authority, Chris W. A. Akiri agrees with Bayelsa government. He told The Guardian yesterday:
“Several weeks ago, the governor of Osun State took definite steps in the direction of self-government for his state. Before Osun, Lagos State has, from a remote period, enjoyed all the trappings of self-government, complete with its own flag, its anthem and a coat of arms. These, it should be noted, are some of the accompaniments of a self-governing status and of genuine federating units, which each of the 36 states of the federation of Nigeria represents.”
“On August 2, 2012, Ogoniland declared its self-governing status within the Federal Republic of Nigeria; a few days later, Bayelsa, President Goodluck Jonathan’s own state, enacted a law for its own flag, coat-of-arms and anthem. And people, including the Nigerian literati, are beginning to ask, ‘Quo vadis, Nigeria?”
According to Kiriyamo: “To answer this question, it is important to stress, to start with, that Nigeria is a federation of states.”
He added that, “in a federation, which the Constitution of the Federal Republic of Nigeria, 1999 says we are, the federating units/states/ regions/cantons must enjoy coordinate powers with the centre. The latter should not arrogate super-ordinate powers to itself. In the First Republic (1963-66), all the federating units (regions) had the appurtenances of mini-sovereignty, such as flags, anthems, constitutions and coats-of-arms. Western Region even had its Court of Appeal. All of them remained in Nigeria as a collectivity. There was true federalism with its concomitant fiscal federalism. That was the way the founding fathers wanted Nigeria to be. The 1999 Constitution was christened ‘Constitution of the Federal Republic of Nigeria (Promulgation) Decree No. 24 of 1999.’
“Accordingly, the 1999 Constitution, an amalgam of noisome inconsistencies, is a relic of our sad military past. It is at once democratic and autocratic; civil and military; federal and unitary; secular and theocratic.”
Akiri advised the nation’s assemblies to amend the constitution:
“It is the duty of the National Assembly and the state Houses of Assembly to make laws for the peace, order and good governance of the federation or any part thereof. They are also empowered to amend the Constitution but not to review (or fashion) a new constitution. The 1999 Constitution is crying for a review and there have been strident calls for a constituent assembly and/or a Sovereign National Conference (SNC) to look into the structure of this disparate Lugardian country, driven by religious, ethnic and political mistrusts. Both past and present Heads-of-State, however pro-SNC they were before becoming Heads-of-State, had sworn never to preside over the balkanization of ‘the British Empire.’ Yet, by reason of the convoluted structure of this country, a land abounding in milk and honey remains a pitiable laggard at more than 50 years of age. This explains why some venturesome states have decided to take their destinies in their hands by disingenuously dissociating themselves from the “maddening crowd.”
“It is clear to all discerning observers that Nigeria as a country and its component parts will remain in the doldrums forever and a day if we maintain the status quo, a nation-space that is torn apart by religio-political cataclysms and socio-cultural divergences. That is the raison d’être for the growing trend towards self-determination, which I plump for wholeheartedly.”
“According to Leo Marquard in his book, The Story of South Africa (London, 1963) at page 113, “when people can no longer endure the government they have, there is, in parliamentary democracy, a remedy in the ballot box. When there is no parliament, they have three courses open to them: The may submit; they may rebel; or they may trek away,” he added.
A teacher in the Department of Jurisprudence and International Law, University of Lagos (UNILAG), Dr. Simeon Igbinedion noted the circumstances where Nigerians or some states in Nigeria are trying to assert their own identities in a paternalistic federation where the Federal Government was invested with gargantuan powers and the states with little or no power.
“Against the background of Federal Government’s monumental failure to stave off the nation from the Hobbesian state of nature where life is nasty, short and brutish, it is a case of “to your tents O! Israel.”
“Because the Nigerian state has become a study in gross incompetence in the management of the affairs of its citizens and resources, it has lost its citizens’ loyalty to regional blocs, sectional entities and ethnic bigots,” he said.
The existing law, however, is unambiguously clear on attempts by elements or entities within the federation choosing to chart the path of their own political destinies, Igbinedion said.
According to him: “Section 2(1) of the Constitution of the Federal Republic of Nigeria (CFRN), 1999, declares Nigeria to be one indivisible and indissoluble sovereign state. Thus, if all the entities mean by their conduct is to alter the Nigerian political configuration, as it is presently constituted, then it is illegal and unconstitutional.”
“The law as it is does not favour the cause of any constituent part of Nigeria asserting its political independence in a manner inconsistent with the CFRN 1999. But in the realm of the law as it ought to be, they can give vent to their intent by using the law as it is to advocate constitutional reform that may enable them to lawfully declare their political and legal independence.”
Igbinedion added that by virtue of the principle of uti possidetis (as you possess continue to possess) international law and state practice are against the political dismemberment of an existing State.
“However, such can be achieved pacifically by the consent of all stake-holders, or forcefully where rebellious or insurgent elements can summon enough firepower to successfully challenge the indivisibility of the existing State and eventually break away.”
“South Sudan exemplified this in its conflict with Sudan. But all this is without prejudice to the principle of self-determination, which, consistently with uti possidetis, can be invoked only by persons or entities under foreign colonial domination.
“I am not aware of any alien occupation of any part of Africa in contemporary times. Consequently, international law cannot assist an entity desirous of political independence even where such entity is afflicted with the scourge of domestic domination.”
Igbinedion, however, argued that the Nigerian government, being the main culprit of the agitations, laid the foundation for these “centrifugal sentiments by reason of its failure to provide inspiring, purposeful, responsible and responsive leadership.”
“Therefore, the Nigerian Government should reform itself and wake up from its complacency with the indivisibility of Nigeria and become efficient and effective in ministering to the needs of the citizens,” Igbinedion said.
Igbinedion’s colleague in the Department of Philosophy, UNILAG, Dr. S. B. J. Jegede towed a similar path in his critique of the entity called Nigeria, describing it as “an edifice without a foundation.”
He said: “No matter how big it is or patching done to it from time to time, it is bound to collapse. But we cannot continue to patch a leaking pot and that is where the Nigeria of today is heading, if nothing drastic is done.”
The socio-political critique noted that there were basic things that should have fortified the country, but were not done five decades on.
His words: “Granted that Nigeria is a concoction brought together by the English, but a 50-year-old person cannot continue to blame his parent for bringing him to life. We need to restructure the country ourselves.”
“Part of what we have failed to do before now is for the government to allow its people to talk and fashion out a Nigerian nation of their choice. The Nigerian people should dialogue and decide the type of country that they want for themselves.
“The ethnic nationalities should be allowed to talk, to determine what they want to do, where they want to be and how they want to relate with others. It is not compulsory that Nigeria should break up. No. Even if we have to do, we need to plan for it.”
“It was the Yorubas in 1999 and the Ogonis and Bakassi today. But selective pacifying will not also take us anywhere, where the people are actually asking for true federalism and their government kept saying ‘no’.”
Since the people of Bakassi in Nigeria declared their independence with the hoisting of an official flag and launching of a radio station last week, so much tension has been building up in the Peninsular.
This action was carried out by the Bakassi Self Determination Front (BSDF) that hoisted the blue, white, red flag with 11 stars on the blue with a radio station at Dayspring.
The station started transmission on August 6 at noon and operates on 4.2MHz and 5.2MHz bands. The station, otherwise known as “Dayspring”, is part of efforts by the group to ensure the liberation of Bakassi people as well as disseminate information on developments in Bakassi.
With the declaration, the BSDF has quietly entered the Peninsular and have captured the unmanned Akpaukwak and Akpankanya that are just two poles away from Abana where the Cameroun gendarmes hold sway.
The leader of the group, calling himself, Commander-General of the BSDF, Ekpe Ekpenyong Oku said their mission is to capture Abana, the headquarters of Bakassi Peninsular, which has been renamed Jabana by Cameroun.
At Ikang, the last border town of Nigeria to Cameroun, a large number of Nigerian soldiers have been noticed maintaining tight security on the Nigerian side.
Since the final handing over of Bakassi to Cameroun in 2008, Nigerian soldiers in the Peninsular and Ikang had pulled out completely but, last year, some soldiers returned and with the recent build up, more soldiers are now on ground at Ikang.
On Tuesday, some officers from the 82 Division of the Nigerian Army were in town holding meetings with some top government officials in the state under tight security.
The Army Public Relations Officer Captain Joseph James said Nigerian soldiers have always been at Ikang, so noticing their presence was not new and has nothing to do with the Bakassi issue.
He said for quite some time now oil thieves have been operating at the Ikang area and only recently soldiers destroyed over 660 drums in the area.
As a result of this, he said there was need to beef up security in the area to check activities of oil thieves and other criminal activities.
Following the declaration of independence and threats of violence by the BSDF, Cross River State governor, Liyel Imoke in a message captioned, “Forsake Confrontation, Imoke begs Bakassi People” has appealed to the people of Bakassi not to take laws into their hands in their quest for justice and equity in Nigeria.
Imoke, who was reacting to reports that a group in the Bakassi peninsula has declared self-independence from Nigeria as symbolised by the hoisting of a purported Bakassi flag, and “Bakassi Radio” described the development as unfortunate.
A statement signed by his Chief Press Secretary, Christian Ita, said the Imoke administration believes in the peaceful resolution of the Bakassi crisis and views the development as unnecessary and un-called for.
He urged them to give the Federal Government the chance to look into their grievances and find solutions for them, saying the recent visit of members of the House of Representatives’ Committee on Treaties and Agreements to the area with regards to the Green Tree Agreement is an indication that the issue was getting the right attention from the appropriate quarters.
Commenting on the action of the BSDF and the presence of soldiers in Ikang, the former chairman of Bakassi Local Council before the peninsular was handed over to Cameroun, Chief Ani Esin said, “for us we are not just looking at the issue of 76 oil wells but we are looking at other issues that are far reaching than oil wells. We are looking at the reversal or going back on the Green Tree Agreement (GTA). The document did not talk of the aborigines of the peninsular and it does not secure their rights. The GTA did not also look at the various environmental dangers affecting the Bakassi people and their natural habitats which they have as their treasure.”
The Ijaw National Congress (INC) spokesperson, Victor Burubo, has blamed disillusionment occasioned by poor governance for the seeming secessionist trend in some sections of the country.
Burubo told The Guardian that while there is nothing unlawful about Bayelsa State having its own anthem and flag, the case of the Ogoni and Bakasi, is an indication of the indescribable despair in the land.
“It is the signs of the time we are living in, that people have lost patience with the system and they are simply taking laws into their own hands. We don’t have a ‘government of the people, by the people and for the people’ in Nigeria. The government at all levels does not exist for the people,” he said.
The Ijaw mouthpiece expressed disappointment that while Nigerians are living in despair and the country is fast tearing apart, the political class are playing politics with the destiny of the country by refusing to organise a SNC which should resolve all the inherent contradictions of the Nigerian state.
He cautioned that except Nigerians are allowed to talk and determine the terms of their coexistence, the country would continue its seeming unstoppable slide to anarchy. According to him, the people of Bakassi, Ogoni and other several ethnic nationalities still cannot see any light in the tunnel of the Nigerian project as things have continued to get from bad to worse.
“The government does not listen to the people. The only way out is a SNC. If people are not allowed to talk about their country, what do you expect them to do other than declare self-determination? …Nigerians must be allowed to dialogue before a total collapse,” he said.
Meanwhile, the Goodluck Diigbo-led faction of the Movement for the Survival of the Ogoni People (MOSOP) has condemned the president of the Nigerian Bar Association (NBA), Joseph Dauda (SAN), for describing Ogoni’s quest for self-determination as a secessionist bid.
He said the people of Ogoni are happier with their self-government quest, even if it may not give joy to the outgoing NBA president whose frustration stems from the fact that the murder of Ken Saro-Wiwa during late Gen. Sani Abacha’s regime has not stopped Saro-Wiwa’s vision.
Author of this article: By ONAJOMO ORERE, WOLE OYEBADE (Lagos), KELVIN EBIRI (Port Harcourt), WILLIE ETIM (Yenagoa) and ANIETIE AKPAN (Calabar)
Source: Guardian Nigeria
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