Evidence That Demands For Verdict: The Problem With Nigeria -By Gado Ageh Lot Esq.

The cloud is pregnant. The storm is coming. The birds are flying to their nets as even the eagles are retreating. The dawn of a new age is imminent. Yet the Watchers and Actors are partying with false mindset that the Subjects are stupid, weak and hunger-stricken and with a “few coins of the moment” given, they will return to their slums. But in deep reflection of their routines, pains, anguish and frustration of ages past, they Subjects are now fully re-awaken. They only foreseeable thing by the Watchers and Actors is that revolution is imminent. It is trite that Nigeria as a State now, was as a result of the false marriage of 1914. Its birth of 1960 was the death-day of nationhood spirit on the minds of all regions. The question is, where did we all miss it? Of no doubt, there are salient issues that beg to be addressed and unless such are tackled, Nigeria will continue to be in this pandemonium state of things. It is trite to say that there is no country devoid of internal conflict and Nigeria is not an exception. Hence the need to delve into the following issues.

The question of indigeneship has for long been a recurring decimal in our struggle for a true nationhood. Many a person is uncomfortable when issue of indigeneship as against citizenship is being adumbrated and the effect of their dichotomy on our Nation. It has been said and agreed to be albatross of national cohesiveness, the very root cause of chaos and unending conflicts in our societies. There is no denying the fact that the Nigeria Constitution acknowledges the importance of citizenship as the basis of being identified as a Nigerian. The factors behind the fact(s) of the concept of indigeneship and citizenship has for long been misconstrued, and by a large remains obscure to many a person. Citizenship is a conferred status on a person or people ready and willing to be identified permanently with a given country. On the other hand, indigeneship is a natural link between a person and a geographical location-his ancestral home where he traces his root through a blood lineage and genealogy that put him in contact with his kin and kindred. As seen in S. 25-28 of the 1999 Constitution of Nigeria as Amended, which seeks to define this concept “citizenship” to include those persons whose parents are Nigerians (that is, whatever that may means-it is in reference to indigenes); those born at least to a Nigerian, can they be indigenes? Of no doubt, they can be citizens. As held in the celebrated case of SHUGABA Vs. MINISTER OF INTERNAL AFFAIRS (1981) 2 NCLR 459, the plaintiff, a member of Great Nigerian Peoples Party (GNPP) and the majority leader in the Borno State House of Assembly was deported from Nigeria by the Federal Government and its Agents. An application was filed on behalf of the plaintiff to enforce his fundamental rights and for redress of the violation. He established that his father was a Chadian and his mother a Nigerian of the Kanuri tribe and sought inter alia that he is a Nigeria citizen. Adefila J. as he then was, held that his deportation was unconstitutional. Finally, those conferred by Mr. President after indicating interest to be permanently resident and law abiding.

Many a lawyer argued on this line that this should be the basis of structural organization in Nigeria and not a few believe that it holds a key to a more lasting peace, and since every Nigerian by virtue of section 43 of the 1999 Constitution is entitled to acquire and own immovable property anywhere in Nigeria and could settle wherever he wants and fully engages in any lawful venture of his choice thereby contributing to the development of the country. Thus, this argument appeals to a whole lot of people, and as usual our leaders have grasped this stand of reasoning as the soundest and best idea ever conceived in Nigeria. There is no denying the fact that this appeal to common sense. However, a look at the second hand of it will tell that the foregoing arguments are but a sword of Damocles.

Firstly, there is a fundamental crystal-clear difference between the two concepts-theoretically and pragmatically. Whereas, in indigeneship a man traces his root through a blood lineage and genealogy that put him in contact with his kin and kindred. Citizenship is a man made that seeks to confer on a person certain rights, duties, obligations and privileges that are enjoyed by all persons in a certain geographical location. For example, the Eggons are identified with the middle belt part of Nigeria. Where an Eggon man gives birth to a child, the child automatically becomes a citizen of Nigeria by the mere fact that his parents are associated by a blood-land attachment to a geographical location called “Eggonland” within Nigeria. A Cameroonian who does not have such an attachment could have settled anywhere within Nigeria contributing to her development and be conferred citizenship status. That which is so clear as a difference between the two concepts is that the latter can be revoke at the discretion of Mr. President. It is also trite in Nigeria norms that a citizen cannot be given a traditional stool of a locality no matter how many years he must have stayed. For example, late Mr. Akporido, from Southern Nigeria was elected as a member of the Plateau State HASS during IBB. While Mal. Saleh Hassan representing Jos North and Bassa constituency in the Federal House of Representatives then, is a well-known indigene of Bauchi State where his father hails from. Thus, these privileges were enjoyed being citizens but could any of them be eligible for the royal office of Gbong Gwom?

A look at the USA which represented to many misinformed Nigerians as the ideal assimilated citizenship. Except the native Indians, US is an immigrant State. These Indians enjoyed certain rights and privileges that are not universal in the country. Within the colonies of these native Indians, traditional leadership is recognized and alcohol is not restricted. While in other States if you must take alcohol, one needs to attain the age of 21.

Therefore, the continuous dogging away from this holy truth calls for an unending conflict between tribes. The conflicts between the Kuteps and Jukwuns over the ownership of Takum in Taraba State, the conflict between the Berom and Fulani’s over the ownership and control of Plateau State, the age-long debate between Ikwerres and Okrikans over the ownership of Portharcourt, criticism of appointments of citizens into position of authority in States where they are non-indigenes, Eggon and Alagos in Nasarawa State, the call by the Coalition of Arewa Youth for the Igbos to leave the northern part of the Country and deportation of Anambrians by the Lagos State Government brought to the fore the ever present problem of indigeneship. This is an unnecessary exercise in futility, a reader may say. However, the problem looms large and hangs over the national psyche like the biblical judgment day. Nigeria as a Nation prefers to play the Ostrich than yield to common sense and dialogue. It pains as the government of the day submit quickly and unquestioningly to easy and unpractical political solution that never last a day. Even fore front seasoned lawyers give not a clear panacea to various issues such as indigeneship.

According to the Historical School of Jurisprudence, the law should reflect the people’s way of thinking, living and customs. To this extend, transplantation of laws without amendment cannot be right as it hardly reflects the spirit of the people. Section 14 (3) (4) of the 1999 Constitution (that is, on ministerial appointment, government affirmative policy and FCC sharing formula are based on indigeneship), it posed no problem to the people as it reflects their spirit. It is not a gainsaying that it is impossible for Lamido Sanusi Emir of Kano and such likes to agreed that at their demise their seat can be contested by all Nigerians. Therefore, organizational structures based on indigeneship to enhance even development and inclusive government. All tribes should be represented and regions should be allowed to develop at their own pace. As these are core philosophies of the National Confab. The NASS as a matter of urgency should address the issue of indigeneship so that any individual that wishes to be known as an indigene of another state should be given indigeneship of any tribe of his choice subject to the renunciation of his former tribe and state. As in OLUWU Vs. OLUWU (1985) 3 NWLR (Pt.13) p.372 SC-the deceased was a Yoruba man of Ijesha Origin. Spent most of his years in Benin State. Married a Bini woman who became the mother of his children, the plaintiffs and the defendants. In 1942, He (the deceased), prior to his death, applied to the Oba of Benin and was naturalized as a Bini indigene. He acquired landed properties in Benin City and elsewhere in the then Bendel State. He died intestate in 1960.

Letters of administration were obtained and the properties were shared in accordance with Bini custom by the Defendants. The plaintiffs contended that the applicable law ought to be Ijesha customary laws. The Supreme Court held that the deceased having changed his customary law to Bini customary law through the process of culturalization, Bini law is right law to be applied. We should also come to the realization of the character of each ethnic-group as a separate and distinct nationality. And in doing so, government should dig historical facts award chiefdom to such a tribe. However, if two or more tribes arrived at the same period with uncertainty of who arrived first, a name should be coined enveloping the two tribes in order to enhance peace and unity.

Another serious cankerworm lies in bad leadership. The root cause of Nigeria problem does not lie in religion, regionalism, tribalism, population and even corruption. It sounds ridiculous. Take a look at China with her vast population yet advancing-making monies with their skills! Where lies Nigeria? America with all sorts of religions and backgrounds, yet advancing! And there is no country free of corruption, and even in the circle of corruption, there are employments (Nigeria was in such a state as at 2015 as the largest economy in Africa but today where are we? Investors have lost faith in the present system as even the Nigerian Stock Market is experiencing tough time). Yemen and Turkey are also countries whose citizens are predominantly Muslims yet face religious crisis. Could Nigeria, a country with different religious practices (where everybody practices his choice faith) have given any excuse to justify her failure when juxtaposed with these countries? As a child, you are told in Arabic or Sunday schools to love your religion above all things and to stand by it even till death. We are told and still being told by the elders and politicians that your tribe, region and religion come first. And those that claim to have a national spirit, sponsored the campaign of men (though not from such a one religion, creed or background) knowing too well of the benefits that will accrue to him once such a one is voted into office. Thus, making politics a game of interest and not a game of nationhood. However, that is not the case in advanced countries. For example, a German is first a German before his religion and same is applicable to an American. As they clothe themselves in the toga of nationalism. We are where we are as a result of bad leadership hinged on bad tutelage. The rest of the ills are children of bad leadership. If only we are told that we are one no matter our creed, backgrounds or colour and that the development and advancement of self and country is what matters, we could have gone far. It is as a result of these that many States especially in the North are where they are in spite of the vast natural and mineral deposits yet to be exploited. But reliance is being place on the federal allocation. Even though States are entitled to federal allocation as a result of the alignment of the 36 States given birth to the Federation-such unity should not be taken for granted whatsoever in order not to make some states as the sustainers of the economy while others, dependents. This resulted to the National Confab. of 2014.

Though many opposed the implementation of such reports describing it as illegal and further stated that the country is indivisible and indissoluble as seen in the preamble of the Constitution; Prof. Abdullahi and Gen. Ike Nwachukwu held such views. The question is, is there a country that is indivisible and indissoluble especially where a region feels marginalized and desires to separate? In 1903, Panama revolted and pulled out of Colombia. India was vast as at 1948 but in 1949 it was India and Pakistan. By 1950 it was Pakistan and Bangladesh. Just recently, Britain held a referendum where Scotland expressed desire to opt out. To say that a region cannot opt out and Nigeria should remain an entity despite evident discontents in many parts of the country is a lie of time in itself. The rise of MASSOB, IPOB, Fulani’s herdsmen, boko haram, the direction of the government of the day and recently, the inability of the various States to pay their Workers salaries and pension, one can only but agree with the late Icon-Prof. Achebe, things have fallen apart and that the Centre cannot longer hold. Nigeria is on the brink of another civil war with recent happenings. According to the former Governor of Akwa Ibom State, Obong Victor Attah, at the National Discourse held in honour of Chief Clark “ if we must be honest, we must agree with the fact that our current problem stems from only one thing, the sad fact that we had abandoned our industry, our entrepreneurial spirit, our agriculture, everything and drowned ourselves in the false believe that oil and oil alone could sustain us and develop the entire country….there is no Governor today that will lift a finger or put himself out to diversify when every month he goes to Abuja to collect his share of the booty. The only reason he would diversify is if he knows that the survival of his state depends on it.” To this end, restructuring and true federalism is the only surest path to the unity, peace and sustainable development of the country. Nigeria may remain as an indivisible entity but federating states controlling their resources, as resource control is the core ingredient of a true federalism as it will awaken many Governors from their slumber and start to tap the untapped resources within their domain. For example, in Kaduna and Kano, silver and wolfamites are not being tap as expected-same with Yobe State where Diatomites are in abundance. Nasarawa is not being left out. Same is applicable to Benue State where there’re in abundance of Orange plantation without single factory in order to generate further revenue and employment. For in true federalism, a Governor will gladly invest in the potentials of another state in order to generate income for his state. Furthermore, there is a concept I will term “Intra-States Tenancy”. For example, if Nasarawa State is an oil producing state and desire to supply oil to Enugu State due to demand by the latter or to be refined thereon, Nasarawa State is bound to pay annual rentage or revenue to Benue State since such pipes will definitely pass through Benue State. It is a pity that northern states which ought to be feeding the Nation abandoned agriculture and all focus is on the oil. Netherlands, for example, its land mass is lesser than that of Taraba State but it is the second largest exporter of agriculture after the USA. Indeed, only in Nigeria will you find Ministries of Agriculture existing in names in all the 36 States of the Federation. That call for a drastic measure since we are in the regime of change and diversification. Let each State engage in certain percentage hectares of mechanize farming depending on the vastness of the land mass of such a State.

Another decaying tooth in the Nation is the unceasing and widespread attacks of the herdsmen on the farmers. It is trite that not all Fulani’s are herdsmen and not all the Herdsmen are Fulani’s. Many (for example, Gov. Samuel Ortom of Benue State) calling for ranching as the only panacea. The question is, such ranching will be on whose expense? The fact that the Land Use Act under section 1 vest all land within the jurisdiction of the State in the Governor, that does not mean that a State should misuse such a trust. Any herdsman that desire ranching should be made to acquire such with his money and get registered and likewise those agitating for unrestricted open grazing should be compelled to register with the Chief of that locality and identity cards should be given to them to carry along so that intruders can be detected and directed to get registered or send out of the State. The danger of giving free ranching to herdsmen is that how many will you be able to satisfied? One can decide to have ranching in all the States of the Federation making him a multi-millionaire. Questions that beg for answering are: if Herdsmen are to be given free ranching as proposed by Gov. Ortom, will same be extended to a Tiv man who desires to farm his yams in Bauchi State? Won’t the allotees claim ownership of such lands in the long run? Won’t the allotees decide to have their local Chief within their domain thereby resulting to claiming of indigenes in the long run? How many of those herdsmen are ready to invest enough capital (setting up of ventures and buildings) in order not to be architects of future crisis? Since in the event of any eruption his estate will be consumed making him to feel the pains of the indigenes. Is the farmer not allowed to defend his property? What are the measures to be taken to guide the conducts of the herdsmen and the farmers?

Furthermore, the rotation of the seat of the President is another fundamental issue if left unchecked is capable of causing chaos and anarchy in the system. It has established itself as a notorious norm even though it has no constitutional backing or written in any existing law. Each Region believes that she is entitled to (8) eight years once assumed in the office. In any event such (region) couldn’t fulfill her tenure, an individual coming from such a region ought to be the one to assume such an office and not someone from a different region. This is what led to the crisis (Boko haram, Chibok-girls saga and other difficulties) as encountered by the former administration under the leadership of President Goodluck Ebele Jonathan because of his completion of the eight years’ tenure which the North ought to have enjoyed but failed due to the final passage of President Umaru Yar’adua. This, the North felt they were cheated. And now, they north are afraid that same might play itself out again seeing the state of President Buhari’s health. Another notorious fact is, once a presidential candidate is a Christian, the vice automatically should be a muslim, vice-versa. The annulment of June 12 election saw power shift to the West that led to the election of former President Obasanjo as compensation to the Yoruba race. These are norms in the circle of Nigerian politics that are yet to be addressed as noted by Doyin Okupe.

Rotation shouldn’t be left on core regions alone as it is tantamount to injustice to the sub-regions. As even in the North, there exists the Middle Beltans. And in the South, we have the South-South and South-West, South-East etcetera. Let all regions and sub-regions have the test of it. Only then will majority-minorities feel that togetherness. Therefore, a sub-region shouldn’t be used as a pet of necessity by the core region.

It is believed that, until now the heavier matter of the law is yet to be addressed by the law. For it is injustice of the highest order to treat equal, unequally and unequal, equally. If the people should have their way, the present Constitution has been long buried. And no matter how much we deny indigeneship, we embrace it in more ways than care to admit it in order to keep the Nation forward at least in the present arrangement of things. A country must learn to accept and face the rhythm of the truth and proffer solutions especially to the foregoing issues since the resolve of the people always makes the difference. My Pen pray to rest. God bless Nigeria.

Gado, Ageh Lot Esq.
lotgado@gmail.com
08130667439