My Thoughts

SOCIAL OBJECTIVES: chapter il of the Draft makes provisions for the CDC describe as FUNDAMENTAL OBJECTIVES AND DIRECTIVES PRINCIPLES OF STATE POLICY. In MY THOUGHTS, I describe more or less the same set of ideas as NORMATIVE SOCIAL OBJECTIVES. The proposal to include social objectives in our future Constitution is a radical and enlightened innovation. But the provisions under chapter II of the DRAFT suffer from a number of grave defects.

Firstly, the quality of the social objectives is destroyed, and the provisions under chapter II for these objectives are reduced to worthless platitudes, by Section 7(2)(3) of the Draft. The whole of Section 7 provides as follows:

It shall be the duty and responsibility of all organs of Government and all persons or authorities exercising executive legislative or judicial functions to conform to, observe and apply the provisions of this Chapter 3 of this section, no court of law shall have power to determine any issue or question as to whether any action or omission by any person or authority or, as to whether any Law or any judicial decision is in conformity with this Chapter of this Constitution.

The provisions of subsection (2) of this section shall not apply to sections 13 and 17 of this Chapter. Sections 13 and 17 respectively make provisions (1) for Directive on Local Government System and (2) for Prohibition of State Religion Only these two sections are justiciable, and enforceable in a Court of Law. The rest are not.

In paragraph 3.2-3 at page (vi) of Vol. 1 of the CDC's Report, we have the following passage: "A Constitution... should proclaim the principle on which the State is organised and spell out the ideals and objectives of the social order. Every Constitution is set and operates in the context of certain organising ideas but these are often left unexpressed.

Again this approach to constitution making is out of tune with modern Constitutions. Constitution should not be simply a code of legally enforceable rules and regulations; it is a charter of government, and government involves relations and concepts that are not amenable to the test of justiciability or capable of enforcement only in courts of law."

All in all, when the passage just quoted is read together with Section 7, one gets the clear impression that the CDC do not fully appreciate that social objectives constitute the raison d'etre, the bedrock, and, indeed, the original legitimacy of the State; and that, therefore it is the entrenchment of these objectives in chapter II that can form the cornerstone of the DRAFT. Furthermore, chapter Il as it stands is too pedestrian, and too leisurely and vague to satisfy the yearnings of Nigeria: a country which, because of its numerous harrowing and pressing problems, is in a hurry; and which, because of the afflictions it had suffered under a previous civilian government, cannot afford to leave anything as fundamental as the social objectives to what will amount to party political discretion and which sometimes can be whimsical and capricious.

These strictures certainly call for explanation; and I want to begin it by focussing attention on certain attributes of the State.

According to Salmond, "A state is an association of human beings established for the attainment of certain ends. Keeton's definition is more explicit than Salmond's and distinguishes a State more clearly from other human associations like partnerships, limited liability companies clubs, etc. It runs as follows: - "A State is an association of human beings, whose members are at least consider- able, occupying a defined territory, and united with the appearance of permeance for political ends for the achievement of which certain governmental institutions have been evolve."

From these definitions, all the attributes of a State can be discerned. But only three of them deserve special attention here. A state must have, objectives - political ends or social objectives; a Government - governmental institutions; and a constitution.

It is clear that, by definition, social objectives are the ends for which a State is ordained; that Government is instituted as a means for the pursuit and achievement of these ends, whilst Constitution is made for the dual purpose of declaring and entrenching the ends, and of prescribing the structure of Government and the procedure for establishing it. As regards social objectives, it should also be clear that, unless these objectives are clearly defined, and constitutional provision are made for their legal enforcement if the need arises, the States will drift, and suffer instability and turmoil.

It would, at first sight, appear from subsection I of Section 7 of the DRAFT that the CDC appreciate these requisites. But Subsection 2 of the same section suggests that the CDC do not, in what way, one may ask, can the "authorities exercising judicial functions (that is, the Courts), discharge their "duty and responsibility... to apply the provisions of chapter II" if "no court of law shall have power to determine any issue or question as to whether" the executive or legislature acts in conformity with the provisions of chapter II?

If subsection 2 of section 7 of the Draft is allowed to stand, then the whole of chapter II is reduced to empty platitudes and hollow admonitions which should have no place in a Constitution which is, first and last, a legal document whose provisions must IPSO FACTO be justiciable and legally enforceable.

The CDC are correct in holding that constitutional obligations as between the people on the one hand and the State on the other must be mutual. But they are wrong in, at the same time, providing in the DRAFT for the justiciability of the duties laid on the people towards the State, and for the non-justiciability of the obligations which the State owes to the people.

It may be argued with some cogency that some of sections in chapter II are not drafted in a language that would lend them to court actions. If this is then such sections should be re-drafted. But I don't think that this is so .... I have read chapter II again and again, and I am of the considered opinion that a breach of any of the sections in the Chapter can be tenably challenged in our Courts of Law. I will take two examples only.

First, section 12(4). It provides as follows: - The Government shall strive to eradicate illiteracy. To this end, subject to the availability of resources, the Government shall provide Free compulsory and Universal Primary Education.

Free Secondary Education. Free University Education, and Free Adult Literacy programme."

Now, if the government of the day fails to fulfil the objectives provided for in this subsection, it should be open to any citizen to go to Court to obtain an Order to the effect that the Government shall discharge the obligations laid on it in this subsection, provided the citizen who brings the action can establish "availability of resources" which in our present circumstances should be very easy to do.

The second example is Section 16. It provides as follows- "The Press, Radio, Television and other agencies of the mass media shall at all times be free to up- hold the Fundamental Objectives contained in this Chapter of this Constitution and uphold the responsibility and accountability of the government to the people."

It is, I think, common knowledge that the insistence for constitutional provision for the Freedom of the Press arises partly from the anti-Press policies of the last civilian regime, but more directly from the fear, inhibition, inimical constraint and self-censorship under which journalists now labour. If this Section is justiciable, a good deal of the unwarranted imposition which journalists now undergo in silence and which, it is feared might be carried forward into post-1979 era, would disappear. For, in such circumstance, journalists would notably be free to advocate adherence to the social Objectives, and castigate any Government which dares to depart from them out also would have access to the court to resist any attempt by the Government of the day to abridge or suppress their freedom "to uphold the Fundamental objectives contained in chapter II and the responsibility and accountability of the government to the people."

Section II(1)(a) and (2) is of interest, and it provides as follows: The social order is founded on the ideals of Freedom, Equality and Justice and in furtherance of this every citizen shall have equality of rights, obligations and opportunities before the law; The provisions of paragraph (a) of subsection of this section shall not invalidate a rule of Islamic Law or customary law.

This subsection 2 of section II is a most insidious and obnoxious provision, and all right-thinking Nigerians should unite to expunge it from the DRAFT. I have read the argument in support of this provision at page (vii) of Vol. 1, and I remain unconvinced.

EQUALITY BEFORE THE LAW should be open to all Nigerians irrespective of religion or ethnic or cultural affinity. Any religious law, tenet, or customary usage which tends to derogate from this fundamental status of every Nigerian citizen should be abrogated and abolished. I did say earlier on and still maintain what I said, that the social objective declared in chapter II are too pedestrian and too leisurely and vague to satisfy they yearnings of our people. I say so because the objectives are devoid of any time tables. In this connection, it must be borne in mind that one of the things which contributed to tenacity of office in Nigeria, under the First Republic, was the fact that ministerial or public office entailed very little if any exertion. Politicians of the day regarded public office more as to borrow one of Lincoln's famous an avenue for "living without work" dicta, and for leading a life of pomp and pageantry, and of dissolute ease and pleasure. There was no sense of discipline or urgency anywhere. Nor was there any of that superlative devotion and industry and of that high but controlled speed, which are habitually displayed by those who have definite time-limits within which to accomplish some specified national assignments, and who are public spirited and honourable enough to appreciate that their reputation, honour, and future career are bound up with their success or failure in the fulfilment of the particular targets.

This sort of nonchalant and self-seeking attitude to ministerial or any public office must not be allowed to recur in Nigeria, at the dawn of the new civilian era.

To this end, I recommend that the social objectives itemised hereunder should be provided for and entrenched in the DRAFT in addition to those already provided for in chapter II where chapter II already makes provision for a social objective identical to any of the items hereunder, then to that extent such item here-under should be ignored.

In the sphere of ECOMONICS, there should be provisions in the Constitution to the effect that unemployment and under-employment other than residual unemployment shall be abolished within 6 years; that payments of unemployment relief allowance to specified categories of unemployed persons shall be introduced within 5 years; that a scheme for the payment of pension to persons of the age of 65 and above who are unable to maintain themselves from their or other sources shall be introduced within 5 years; that a scheme whereby all government employees will be entitled to non-contributory pension shall be introduced within one year, that agriculture including the storage, transport, and marketing of farm products shall be fully modernized within 15; years that sufficient netword of all session roads (including ridges in the ratio of one-me of read to two square miles of territory shall be constructed in all parts of the country within 15 years, and that no law abolishing, or interfering with the existence, or derogating from the existing powers and functions of trade union and operative organisations shall be valid.

in the field of EDUCATION, it should be provided in the Constitution that education, including tuition, books, board, lodging, and examination fees. should be and remain (1) free at all levels up to the age of 15, this is absolutely necessary because on completion of his or her primary education a child is too tender physically to be employable, that a scheme for compulsory adult education shall be introduced within 5 years, and that a scheme for the provision of stile literature for literate adults shall be introduced within 5 years.

NOTE: for the avoidance of misunderstanding, instructions to adults are ally given in the evening after the day's work, or at such other times as may convenient to adults in a particular locality.

In the field of HEALTH, there should be provisions in the Constitution to the following effect: that free medical treatment shall be available to all within 5 years and that schemes whereby the production of medical practitioners will within 15 years, a target of the doctor to at least 2,000 people, shall be introduced annually or quinquennially.

In the sphere of politics, it should be provided in the Constitution that Parliament shall meet for at least 180 DAYS in a year and that it shall during 180 days sit continuously (DIES NON excepted) for at least 60 days that any law or executive action which derogates from or Interferes with the right of any citizen to form, register, and operate a country-wide political party shall be null and void and of no effect, and that any law declaring Nigeria a one-party all be null and void and of no effect.

NOTE: it is proposed that the time-tables indicated above should begin to operate from the day when the Military formally hand over to the civilian under the Constitution.