By Ikeddy ISIGUZO
WHEN Professor Benjamin Nwabueze died on 29 October 2023,
one thought it was time to stop deriding him as the one who applied his legal
prowess to author the Unification Decree, they say caused the cessation of
federalism in Nigeria. The lies have been built around propaganda applied to
situate how Igbos ruined Nigeria with their ambition to dominate the country
through Nwabueze.
In trying to diminish the intellectual fortress Nwabueze
was, those who opposed him ended up making him a bigger masquerade, something
he did no need or bother about.
How could he have single handedly written the decree? This
could prove a weak defence. He was cerebral enough to write Constitutions in
record time.
Nwabueze could not have imposed himself on the nine-member
Supreme Military Council, which had two Igbo members, none of who was Nwabueze.
Head of State, Maj-Gen Johnson Aguiyi-Ironsi, and Lt-Col Chukwuemeka
Odumegwu-Ojukwu, Governor of Eastern Region, were the ones in the Council.
Belief, however nurtured, is personal. Most times it is
based on blissful ignorance, blighted knowledge, or the more dangerous mixture
of both. When such belief is challenged, the promoters recline to sheer abuse
in defence. Nwabueze went through their fire.
A powerful Nwabueze was unrelenting, by those accounts, in
ensuring that his pet project continued.
Not under his watch would Nigeria not use Decree 34 that was promulgated
on 24 May 1966. Only two months after, Ironsi was killed on 29 July 1966. His
successor Maj-Gen Yakubu Gowon quickly announced the abrogation of the decree,
just three days after Ironsi's passing. A formal annulment came with a decree
on 31 August 1966.
The Unification Decree ceased to be part of our laws 57
years ago. How did Nwabueze benefit from it? Did he operate the decree after
the authorities abolished it? Who was this Nwabueze that held Nigeria to ransom
with Decree 34? A one-man army or he had collaborators?
Nwabueze was a “foremost constitutional lawyer” when that
expression was rendered with respect to brimming brilliance. He had a ceaseless
dedication to leading others to an understanding of the law, particularly
constitutional law, and his books dealt the intricacies of constitutionalism.
He wrote Constitutions of three countries, taught Law in Nigeria and abroad,
devoted his resources to writing law books.
Tributes to him state his standing better. Evance Kalula,
Chairperson of the ILO Committee on Freedom of Association (CFA) and Emeritus
Professor of Law, University of Cape Town, who was Nwabueze’s student in Zambia
in a lengthy tribute wrote about his independence, brilliance, stubbornness,
but more importantly: “He was a remarkable man, an outstanding teacher, lawyer,
law maker and scholar. He typified the excellence that Africa produces, for the
most not fully acknowledged. He was an African treasure of the highest
quality.”
Credibility Group, a think tank, in a release by its
President, Goddy Uwazuruike, described Nwabueze as a great man by all
ramifications! “He was called the Oracle of Law by the great Rotimi Williams
SAN of immortal memory. He was a consummate law, a professor of law who
insisted on doing a written examination for his LLD (University of London
conferred the degree on him based on his books), a mentor of many, the first
academic to be conferred with the prestigious rank of Senior Advocate of
Nigeria, a Secretary General of Ohanaeze, a Minister (Secretary) of Education
in Nigeria, a professor of law in a good number of countries”.
He was a member of the Senate of the Universities of Lagos,
Dar es Salaam, Nairobi, Haile Selassie in Ethiopia, Lesotho, Botswana and
Swaziland between 1971 – 1978. Apart from authoring over 34 books, Nwabueze
equally wrote over 200 articles in academic journals and delivered more than
100 keynotes at local and international conferences.
He was appointed to Professorial Chairs in the following
Universities; Zambia, 1970 – 75; Ahmadu Bello university, Zaria, 1974;
University of Nigeria, Nsukka, 1975 – 76; Anambra State University of
Technology; Nnamdi Azikiwe university, Awka 1989 – 1983 (visiting)
Do these explain why Nigeria continued without what some
call “true federalism”? Nwabueze stopped Gowon, Murtala Mohammed, Olusegun
Obasanjo (in his two appearances), Shehu Shagari, Muhammadu Buhari (two comings
too), Ibrahim Babangida, Sani Abacha, Abdulsalami Abubakar, Umaru Musa
Yar’Adua, Goodluck Jonathan, and possibly Bola Ahmed Tinubu from shaking off
consequences of the Unification Decree that have maimed Nigeria?
A good look at the list of leaders since 1966 shows that none
of Nwabueze’s kinsmen, for who he purportedly made the decree, has been in the
saddle for 57 years. If Nwabueze held Nigeria down, now that he has gone, it
may be time to look at ourselves again to discard lies that we keep telling
ourselves in ignoring extra-legal powers the authorities amass in wasting
Nigeria’s resources.
In the past 10 years, Nwabueze was strident about a new
Constitution for Nigeria, noting that the 1979 Constitution Nigeria was
misguided. “We were misguided, and that’s the truth. We were guided by the
feelings at the time in the country. It turned out that putting too much power
at the centre was an invitation for disunity. Yes, that was what happened -
disunity. Struggle for control at the centre with all that power led to disunity,
and that is what landed us to where we are today,” he said in a 2014 interview
with Vanguard.
“He lived an exemplary life of consequence,” Eni Nwabueze,
who announced his death for the family said.
May the Almighty rest him.
Finally…
JOE Ajaero, President of the Nigeria Labour Congress, in a
press briefing on Friday recounted how police who him arrested in Owerri handed
him over to louts for thorough beating. The police’s account differs slightly.
They said they rescued Ajaero from further assaults. By the time the police
took Ajaero away, he had not been brutalised. A man who met his friends
debating whether Jonah, in the bible, swallowed the fish or the fish swallowed
Jonah said there was no debate over “swallow”.
Whether the police beat Ajaero or louts did it, there was “beat”.
EACH time rising prices of goods and services is mentioned,
government jumps in with palliatives and promises to increase salaries of
worker. How do these affect the unemployed, the unemployable, and those whose
salaries are so low that no increase makes a difference to their welfare?
THE most thriving businesses are churches. While the
founders are at it, they are running out of ideas on leveraging publicity to
sustain the public’s attention on their stunts. One big prophesy in the past
week was that the government of Nigeria would establish a giant
telecommunication company that would fail, and that VAT, prices of data, and
airtime would rise. Great prophecies. Next ones, please.
MANAGEMENT of elections seems completely beyond us. If the
elections are national, we hold that Nigeria is too vast to conduct elections
that would meet the expectations of voters. In Bayelsa, Imo, and Kogi where
governorship elections held on Saturday, the same complaints about late arrival
of ballot papers, thuggery, and failed equipment would be heard.
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