While the rest of the world democracies are increasing, the country called Nigeria has its democracy decaying at all fronts as popular democratic participation of its citizenry has eroded over time. In this Era, let’s assume for once that there exist a constitution in the country called Nigeria and work within that framework. I also appeal for peace that we keep an eye on our democratic-radar on the unpopular democratic lack of it thereof on quick but long-standing assessment of good and evil constitutional critical thinking based on public opinion generalizations which, translate and enhances public policy specificity centered at peoples Congress for National Strategic Interests [NSI).   

Federal, State and local government relationship [especially States relationship with central government) remains a league within the UNION . If federal law violates the sovereignty and independence of the States, the State[s) through its State General Assembly [GA) has every right to nullify a federal law constitutionally. For example Sale of expensive federal land with fraudulent documentations [say in Abuja to whoever), internal improvement at federal expense, territorial expansion [New States), wrongfully transfer of Oil-Wells of one state to another State by central government, Attitude toward immigration [Ghana Must Go Era), and attitude toward use of implied powers or elasticity clause where applicable and what not comes to critical minds for analytical assessment. Other political philosophers have observed that such relationship cannot necessary be defined as relationship between States and Central Government but rather a constitutional relationship between central Government and the people. Which also implies that within the assumption that it is the people who created the constitution through actual representation and not the States, who created the Constitution and that, if State can defy the laws passed by National Assembly say in Abuja, the League is therefore doomed like mere rope of sand—or institution or capacity built without foundation. 

From the above dispositions therefore, how do the citizenry negotiate their rights with States and Central government when their rights are infringed upon by either State or central government all the time with extraordinary impunity?  If our memory serves us right, not long ago, this same people were disenfranchised by the centrally control government controlled electioneering body head by discredited Maurice for example in the 2007 elections in the country called Nigeria. Keeping that in mind, the situation becomes not only questionable but conflicted in interests and applications as peoples national and States interests are stampeded as premised above.  Another example, information reaching our desk indicates that Igbo-Nation or its nationals in Eastern Nigeria and its Diaspora have been called upon to contribute 100.00 Naira each for reconstruction or completion of Owerri-Onitsha Dual-Road.

A Highway that falls within the jurisdiction of federal construction, yes a responsibility clearly within the central government caveat centered in Abuja . Dredging of Niger River is another Federal obligation which in both situations Federalists have failed woefully. It was reported that over 300 billion or Million Naira have already been expended by Anthony Anenih, Former Minister of transportation, Work & Housing on the said Highway(s), that in all indication lacks fiscal responsibility to this end. Accountability and credibility of public officers becomes crucial for implementation to take-off. Curiously as questionable and discredited as the above purview reflect, nations EFCC (acclaimed watch Dog) of in the land have not seen it fit to investigate this national colossal misappropriations of this magnitude. But some constitutional Experts and political thinkers are asking why NOT?  
Reviewing the nullification doctrine by States over Federal laws, conventionally, it is believed have the power over laws passed by National Assembly in Abuja for instance is seen as unconstitutional which leaves such laws as illegitimate. In fact, under such conditions some observers and Constitutional thinkers went further to suggest secession as the best option or as last resort. If people, becomes disenfranchised every eight (8), four (4) or for over fifty (50) years by Doctrine of Abomination by central authorities, nullification doctrine becomes apparently deployable by law seeking for redress to assist them regain their constitutional freedoms and liberties. But what happens to Supremacy clause of the Constitution? For example in United States Supremacy Clause of the Constitution (Article VI, Section 2), were confronted in controversial argument(s). For instance, Brown v. Board of Education (1954) decision threatened nullification of Supremacy in Court’s decree to end segregation across America by angry majority— segregationists.  

This writer declares that any constitutional instrument that denies its citizenry her rights to choose their leaders, denies her rights to necessary amenities like good roads, security, steady-electricity, clean pipe-born-water, standardized educational infrastructures with world respectability and acceptability at Primary, Secondary and University level, channeling her funds to individual coffers and foreign accounts and more are Evil-Constitutional Compact that must be overthrown with speedy convenience. In its place a New Constitutional Compact constituted based on popular-peoples-participation through Conventions, Sovereign National Conference (SNC) anchored on civil society and other people-based programs will honestly provide leadership, retrieve and refurbish the decaying infrastructures, and provide needed amenities for the betterment and enjoyment of citizenry, backed by strict constructionists is a welcome development. This latter constitutional premise is what this writer calls Good-Constitutional Compact. A compact that would allow democracy to thrive in the country called Nigeria and elsewhere. Of alternative, regionalism or sectionalism is welcome. Framers of the constitution through actual-representation state that constitutionality of the advanced argument do have constitutional merits to safeguard its passage.     

Carlisle U.O. Umunnah

Is New York-Based Freelance Writer

Contact: cuu1_liberties@yahoo.com

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Robot  # 1 | 24.07.2007 12:40

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