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The God of Gani Fawehinmi and Nigerian Politics
By Muyiwa Sobo

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July 15, 2002

Politicians, quasi-politicians, and journalists alike, it seems, have rediscovered the soft spot in the Nigeria collective political psyche; it is called God. For I have observed the suddenly fashionable invocation of God to sanction an idea or ambition lacking in rational basis. Sometimes ago, the ecclesiastical prediction of Enoch Adeboye that Nigeria would become a great country frenetically excited Laolu Akande, an otherwise credible and insightful journalist. According to him, God had revealed Nigeria’s future to Adeboye.

The congratulatory message to Nigeria shortly before Abacha’s death confirmed Adeboye prophetic tendencies, we were told by our revered journalist. Lo and behold, first, it was OBJ waiting for the voice of God to direct him on whether or not to seek re-election. He fasted and prayed and God spoke to him on Mount Ota. God directed him to seek re-election. Before then, depending on which testament of the scripture you prefer some already considered him the new Moses or the real Messiah.

Now comes “Ogbeni” Lanre Banjo, the energetic National Conscience Party (NCP) gubernatorial candidate declaring that OBJ fabricated the “go ye” message and that Chief Gani Fawehinmi is the real Messiah sanctioned by God, not OBJ. And surely like Judas, hellish damnation is on INEC for declaring NCP a wannabe political party that failed to meet all the legal standards. He predicts rain of brimstone and fire on Nigeria soon for its cynical collusion with INEC to block Chief (Messiah) Fawehinmi’s path. True to his newly acquired celestial authority, Chief Fawehinmi audaciously declared he would make Nigeria “ungovernable.” What nonsense.

These type of false divine affirmations would greatly annoy me if I were the real God, and I would be very angry especially at those politicians, quasi-politicians, lawyers, journalists, pastors et al. who lied that I would squander my time on endorsing the political adventure of power-hungry egomaniacs, increasing as a result, the yoke of poor Nigerians thrown at his mercy by the actions or inactions of the same power-hungry egomaniacs.

It bothers me as a Nigerian and a Christian, when intelligent people, unable to mount convincing argument or explanation, try to escape logic by invoking the will of God. Or when otherwise honest people dubiously promote the acceptance of their idea or political ambition by claiming that it is authorized or directed by God. This is disrespectful to religious sentiment, which in the case of Nigeria is already delicate. It shows lack of political sagacity. Moreover, it is very dangerous because it may bury or overshadow the real issues that may benefit the “masses” that Chief Fawehinmi and Lanre Banjo claim to represent. God must not be invoked out of ego.

Credits to Chief Fawehinmi for his relentless civil rights activities, but, with all due respect, I do not see him as the saviour of Nigeria. Neither do I consider the NCP the “party of the masses.” There is no such thing. Nevertheless, the frustration and anger expressed by NCP is reasonable if INEC has been unfair. The reason however, is not that INEC was acting against the authority of God. Lanre Banjo is correct on one thing: the people of Nigeria did not create INEC.

It owes its existence to a Constitution that lacks the will of the people, not God, as a key ingredient. The question that seems to escape NCP is why should the Constitution demands the registration of parties in the first place. Is not “cruel and unusual” to require anyone at all, especially those with limited resources, to maintain a presence in all the regions of the nation in order to qualify a party and run for presidency? Is it patently undemocratic to constitutionally bar independent candidacy? Whether or not the INEC was fair in its assessment of the proposed parties, the constitutionally required party registration remains the basic troubling issue.

This and other fundamental constitutional issues are becoming overshadowed by preposterous struggles to maintain political alliances or form new parties. The situation is extenuated to a precarious level when, as always, these political parties and alliances and wannabe “saviours” declare to have something new with which to rescue or improve the country. They all claim to possess the magic potion to cure Nigeria ailments. It is always “10-point program” this and “four-cardinal program” that. Housing, universal primary education, water, light, blah, blah, blah!!! However, they all seem oblivious to the constitutional constrictions that will practically frustrate almost all of their proposed political agenda no matter how well conceived.

This ignorance, I think, is intentional. Otherwise, it is either that these political parties and presidential aspirants, now including Chief Fawehinmi, are deceiving us knowing that successful governance is impossible under the Constitution or they are just reckless egocentrics.

We seem to have forgotten that the current civilian governance is an “experiment” because it is hard to accurately predict the sustenance and stability of the so-called democracy. The most prominent reason for this view is the disabling 1999 Constitution, one that ranks among the worst in the world, a legacy of the past military governments, intended to bend Nigeria into an unnatural shape for the benefits of the elite. Even with his uncanny stubbornness, OBJ now realizes that certain abnormal provisions in the Constitution caused the majority of his niggling political encounters, especially on fiscal policies. Consequently, he has started to reconsider his rigid opposition to a national discussion of this issue.

The point is that with this Constitution, an effective administration is perhaps unattainable, therefore, Chief Fawehinmi and his “masses” whether or not ordained by God, should quit wasting their time and focus on the most important issues. It is like the proverbial case of placing the cart before the horse. This Constitution stands to drain the life out of any political agenda, especially one that would benefit the “masses,” no matter how piously instigated. As such, Chief Fawehinmi and those lamenting the fate of NCP should first address the restructuring of Nigeria to enable effective governance and render unlikely, an NCP-like predicament in the future.

Chief Fawehinmi’s supporters would oppose this view and boast that this trusted and proven leader is more likely than others to achieve the necessary reform in Nigeria. True. He has the wit and temerity to initiate a reform beneficial to the masses as he wishes. However, any reform is impossible under the current Constitution. As a lawyer, Chief Fawehinmi knows, I am sure, that for an effective reform, the Constitution must be adjusted in many areas. I will submit that not Chief Fawehinmi, OBJ, or any other president, sanctioned by God or not, could affect a single amendment to the Constitution as written without a protracted process lasting well beyond their collective terms of office. Worse, any proposed amendment under this structure would bring unimaginable chaos to the legislative structure of the country.

I believe the drafters of the Constitution intended this consequence. According to constitutional provisions, any amendment to the Constitution must be approved by at least a two-third majority of the National Assembly and must be ratified by at least two-third of states’ Houses of Assembly. If ever we were able to agree on the mathematical determination of two-thirds of the National Assembly or two-thirds of the states without an Akinjide-like legal theatrics, the likelihood of successful amendments is illusory.

Is it not the Constitution that provides for a “Council of States” as an advisory body to the “President” for several issues, including the maintenance of public order within the Federation or any part thereof and on such other matters as the “President” may direct." And who makes up the Council of States under this Constitution? The President, Vice-President, the Speaker, the Senate President, all former Chief Justices, all Governors, the Attorney-General, and, get this, all former Presidents of the Federation and all former Heads of Government of the Federation.”

Without fixing the Constitution, can anyone imagine Gani Fawehinmi at the same table with Gowon, Shagari, Buhari, Babangida, Abacha, if alive, and Abubakar, even in an advisory capacity? Well, that is what the Constitution would require of President Fawehinmi (do you still wonder why OBJ is so powerless against Maradona)? In addition, if he refused, as one would expect, to empanel this advisory body, he could be challenged on constitutional grounds. Worse, if he becomes frustrated and threaten to make Nigeria “ungovernable,” his own cabinet could initiate his removal by declaring him insane. Yes, the Constitution allows a palace coup where the cabinet (appointed by the president) may pass a resolution to remove the president or the vice-president for “such infirmity of body or mind” based on the certification of five medical doctors (as if it is really difficult to find five qualified, but crooked physicians in Nigeria). There are more than enough senseless provisions in the Constitution to make a bestseller comic book.

Most people will agree that like the registration of parties, promotion of intertribal marriages, and the registration of bicycles (I am not making this up) are some of the unnecessary provisions in the Constitution. Otherwise, should a state be constitutionally challenged for not promoting intertribal marriages as prescribed by the Constitution or for licensing bicycles, a function constitutionally reserved for the local governments? Why does the constitution of a country contain such laughable provisions and why should it take such a tedious legislative process to change them?

More seriously, you can imagine the result if there was an amendment to the sections providing for the creation of states, the creation of local governments or the adjustment of political boundaries. Such amendment must be ratified by four-fifths of the National Assembly. The issue here is that the military deliberately handed us a Constitution to ensure that people like Chief Fawehinmi would fail at reforming the country.

Like in the US, amending the constitution of any nation must be thorough vetted. That is if in the first instance, that constitution was supported by the will of the people and carefully crafted to address the most important issues of federal consequences. This is not the case in Nigeria. Many theories have been proffered to explain how Nigeria descended to its current state; thus, we have thrown our hopes at democracy, albeit one that is potentially disabled by its enabling document. Thus, it is reasonable to raise the question of whether Nigeria’s democracy is a deceptive façade for the perpetuation of corruption by the “agbada” boys rather than the “khaki” boys.

Seriously, sentiments and irrational nationalism apart, anyone who understands the Constitution would quickly conclude that in it resides Nigeria’s likely demise. Take it as you may, the survival of Nigeria under the current Constitution is comparable to that of a man living with cancer, terminable, and slowly eliminating his existence. This has nothing to do with God. It has to do with the will of the people.

Maybe the masses need to be mobilized for this purpose, but one does not have to be a political aspirant or a presidential calibre to initiate or lead such a movement. In fact, as we have seen in the current presidency, being a president under the current Constitution is counter-productive to any beneficial political platform. As a result, the Constitution will contaminate the squeaky clean reputation that Chief Fawehinmi represents and render his reputable effective leadership useless.

As such, if I were Chief Fawehinmi, I would join Chief Anthony Enahoro and others in mobilizing the demand for a national dialogue on the sustenance of democracy in Nigeria through the re-examination of the Constitution. This is what is needed at this time. To be called by God for purposes other this crucial agenda, is deceptive.

 

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Muyiwa Sobo practices law in the District of Columbia and the State of Maryland

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