On the verge of getting drowned, Nigeria's democracy stands in need of a state of emergency that only the people can declare. Image credit: Google Discovery |
After General Olusegun Obasanjo took power following the assassination of General Murtala Muhammed in 1976, he established a constitutional drafting committee and a constituent assembly. This led to the creation of the 1979 Nigerian Constitution, which was modeled after the US presidential system.
Modelling the Nigerian constitution after the US presidential system means that the underlying philosophy of the US system was adopted by Nigeria. This philosophy is rooted in the principles of separation of powers, natural rights, republicanism, and the social contract.
In more technical terms, Nigeria's adoption of the US presidential system can be described as the transplantation of a constitutional framework, where the fundamental principles and structures of the US system were incorporated into Nigeria's constitution. This includes the concept of a separate executive branch, headed by a president, which is distinct from the legislative and judicial branches.
The Nigerian constitution's adoption of the US presidential system also reflects the influence of liberal democratic theory, which emphasizes the importance of individual rights and the rule of law.
The 1999 constitution built upon the framework established by the 1979 constitution. Indeed, in many respects, political scientists and constitutional lawyers have viewed the 1999 constitution as a restoration of the 1979 constitution.
So What?
The above is the theoretical framework underpinning the US constitutional system that has been adopted by Nigeria. So, naturally, when the news broke that President Tinubu declared a state of emergency in Rivers State, suspended the governor and the state assembly and appointed a caretaker over the state, I was curious to know if this same line of decisions and actions were consistent with the American root of our constitution.
One US State that is currently comparable with Nigeria’s Rivers State is New York. For one reason, New York has a Governor who is in a different party from the President just like Nigeria’s Rivers. Also, like Rivers State, New York is one of the most populated states with significant economic importance to the country.
Now, imagine Trump, a Republican president, not only declaring a state of emergency in New York but also suspending the Governor and the State Assembly and this over a matter as little as a row between the State executive and the legislature!
In any genuine democracy, the executive and the legislature are expected to disagree from time to time. So, think about how preposterous it would be in a true democracy to suspend an elected governor and elected state legislators by an elected president without consulting those who elected them!
Chai! Nigeria is a real-life full-blown manifestation of George Orwell's Animal Farm. And that's because Nigerians are good at allowing what can't be allowed elsewhere.
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