1979 Constitution: How Nigeria missed the mark – Minority Report - Vanguard News

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1979 Constitution: How Nigeria missed the mark – Minority Report vanguardngr.com vanguardnews

From left: Dr. Olusegun Osoba, Mr. Femi Falana, SAN and Mr Attahiru Usman, son of late Yusufu Bala Usman during the public presentation of the Minority Report and Draft Constitution for the Federal Republic of Nigeria, held at UNILAG, Lagos State.

However, the minority report was declared ‘non-existent’ by the then Military Head of State, General Olusegun Obasanjo, who later enacted the majority report as the 1979 Constitution after inserting into it the Land Use Decree of 1978 in spite of the Constituent Assembly’s objection to it as inappropriate in a constitution.

On the issue of qualification for Nigerian citizenship, it opposed the concept of the Majority Draft Constitution as being use in our country today. Osoba and Usman in their Minority Draft Constitution of 1976 posited: “The following persons are Nigerian citizens by birth: every person born in Nigeria before 1 October, 1960 either of whose natural parents or grandparents belong or belonged to a community indigenous to Nigeria.

According to Osoba, now that Nigeria society is facing a worsening crisis, and its citizens have sunk into an unimaginable level of desperation, it is time to look afresh at the issues raised in the minority document of 1976. He said that the controversy that surrounds the birth place of Alhaji Atiku Abubakar and what qualifies someone to be a citizen of Nigeria were clearly resolved in the Minority Report.

”According to them, the immunity provisions contradict violently the fundamental principle of the equality of all citizens before the law and is an unwarranted attempt to shield these high officials of the state from the full rigours of the law as would apply to the other citizens of Nigeria in similar situations of misconduct or improper conduct.

In his view, the ideal restructuring should be the one that positively affects the people and remove poverty from the citizenry. He said: ‘’The recurring lie by the elite is that what we need to cure all our political, economic and social ills is do restructuring. Restructuring as proposed by some members of the ruling elites is a blatant lie. We cannot make any progress with that.

 

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