Kwara State University 14th Inaugural Lecture: Constitutional Amendment Happening In Nigeria When There Are Calls For Secession-Amuda-Kannike

A Professor of Jurisprudence & International Law in the Department of Jurisprudence and Public Law, Faculty of Law, Kwara State University, Malete, Nigeria, Abiodun Amuda-Kannike, SAN, has said that the ongoing discussions about constitutional amendment in Nigeria are happening at a point, when there are strident calls for secession in the southern parts of the country.

Amuda-Kannike said that the Indigenous People of Biafra (IPOB) is agitating for a separate state of Biafra more fiercely than any time after the Biafra war, adding that IPOB has also established a security arm christened the Eastern Security Network (ESN).

The don was speaking at the 14th Inaugural Lecture of Kwara State University, Malete, Titled; ”The Jurisprudence Of Our Constitution, Rule Of Law And Technicalities: The Nigeria Dilemma,” under the Chairmanship of The Ag. Vice Chancellor Professor Shaykh Luqman Jimoh on Wednesday May 8, 2024.

“The ESN is accused of killings and destruction of federal government infrastructures in South-East Nigeria. In the South-West, Sunday Igboho has championed the rights of Yoruba people, who claim to be under attack from northern Fulani herdsmen. Efforts by the Department of Security Service to arrest Sunday Igboho led to his arrest at Benin Republic, though released now, his followers were killed and his property damaged.

“With ethnic nationalities calling for the determination of the Nigerian state either through demands on power sharing, revenue sharing and even secession, it remains quite a delicate time to attempt to amend the constitution.

“Although this is an opportunity to address previous imbalances, the current approach of Nigerian legislators suggests that the process is unlikely to address such thorny issues. And the cycle of significant investment in public review, with disappointing results, will continue.

“The processes have not yielded the much desired amendments that could cure the aversion of young and old, male and female to the current 1999 constitution as amended.

“Possible amendments that may sail through the National Assembly include electoral reforms concerning the Independent National Electoral Commission, State Police, and revenue allocation, but these may still be vetoed by the President. Currently Nigerians do not have faith in the ongoing amendment process,” he said.

While saying that the rule of law stands as the bedrock of any thriving democracy, the scholar said that yet in Nigeria, this principle often faces formidable challenges.

He added that from issues of corruption to delayed justice, the country grapples with upholding the true spirit of the rule of law.

He said: “We explore these challenges and their profound implications for the Nigerian society. The rule of law is a fundamental principle in democratic societies that ensures that government authority is exercised in accordance with established laws and procedures, and that all individuals, regardless of their status, are subject to and accountable under the law.

“It encompasses key elements such as legal equality, fairness, due process, transparency, accountability, and the protection of human rights.”

On the General Principles of the Rule of Law, Professor Amuda-Kannike said that “the great philosopher A. V. Dicey, stated that the rule of law has three fundamental attributes or principles ‘which together established the rule of law: (1) the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power; (2) equality before the law or the equal subjection of all classes to the ordinary law of the land handled by the ordinary courts; and (3) the law of the constitution is a consequence of the rights of individuals as defined and enforced by the courts.”

He emphasised that it can be understood that the general principle of the rule of law therefore, can be broadly collated as follows: Legal duties, and liability to punishment of all citizens, are determined by the ordinary (regular) law and not by any arbitrary official fiat, government decree, or wide discretionary powers; Disputes between citizens and government officials are to be determined by the ordinary courts applying ordinary law and everybody are treated equally; and, Fundamentally, rights of citizen (e.g. freedom of the person, freedom of associations, freedom of speech) are rooted in actual law, and are not dependent on any abstract constitutional concept, declarations or guaranty.

“Putting it in a wider sense of it, an American legal scholar Fuller, (1997), identifies eight elements of the rule of law which, according to him, have been recognized as necessary for any society aspiring to institute the rule of law as a guiding principle to its administration.

“Fuller stated the followings; Laws must exist and those laws should be obeyed by all, including government officials, laws must be published, laws must be prospective in nature so that the effect of the law may only take place after the law has been passed. For example, the court cannot convict a person of a crime committed before a criminal statute prohibiting the conduct was passed.

“Laws should be written with reasonable clarity to avoid unfair enforcement, law must avoid contradictions, law must not command the impossible, law must stay constant through time to allow the formalization of rules; however, law also must allow for timely revision when the underlying social and political circumstances have changed, and official action should be consistent with the declared rule,” he said.