Former Attorney General of the Federation and Minister of Justice, Chief Michael Aondoakaa (SAN), has criticised the frequent push for state creation and constitutional amendments in Nigeria, warning that they are often driven by selfish political interests rather than genuine governance needs.
Speaking during an interview on ARISE News, Aondoakaa said most of the states already in existence are unable to survive independently and depend heavily on federal allocations, making the push for new states not only unnecessary but irresponsible.
He said, “It is only in Nigeria that state creation has become a ritual. It’s as if every session of the legislature, every session of the legislature, constitutional amendment is on the table. Constitutional amendment is supposed to be done on very serious matters that have been tested and the injustice occasioned by the previous provision is identified.”
He argued that the 1999 Constitution, though imperfect, has not failed the country to the extent that it must be constantly amended with every National Assembly.
“We create amendments to a level that it becomes counterproductive. Every day, every constitutional National Assembly, there’s creation of amendment of constitution. Amendment of constitution is supposed not to be a ritual. It becomes an agenda of every assembly. It’s supposed to be a holistic national issue that touches and the effect is known. Constitution has to be tested. Provisions are tested, interpreted by the Supreme Court. And where the interpretation of the Supreme Court comes with injustices, then we cannot think of amending those provisions.”
Aondoakaa’s comments come amid a fresh wave of calls by lawmakers and interest groups for the creation of additional states and sweeping constitutional changes, including debates on restructuring and rotational presidency.
Aondoakaa also clarified the events surrounding the transfer of power from late President Umaru Musa Yar’Adua to then-Vice President Goodluck Jonathan, during the former’s medical absence in 2010.
Contrary to long-standing public belief, Aondoakaa said Yar’Adua did sign a letter transmitting power, but it was never delivered due to a rumoured sabotage by an official in the presidential liaison office.
“I prepared the transmission of power, and President Yar’Adua signed it. It was given to the then principal private secretary, David Edevbie. And when it was handed over to Abba Aji, who was then advisor on liaison office, I don’t know what happened. But I heard, it could be rumours, that Abba Aji said throughout the tenure of President Obasanjo, power was not transmitted. My argument to Abba Aji then was Obasanjo was never sick. So between that to the National Assembly, nobody saw the transmitted power signed by President Yar’Adua. This is the honest truth and I’m saying it to Nigerians, Yar’Adua transmitted power.”
Aondoakaa also called for stronger constitutional provisions to back INEC’s commitments, particularly concerning the electronic transmission of results.
“Ordinarily, I was of the opinion that INEC-like guidelines are constitutional because they flow from the executive powers vested to them. But there’s also need now that there’s different interpretation about INEC guidelines to incorporate in the constitutional reforms that the guidelines of INEC are as valid as the law itself. Therefore, we cannot say we’re having two states. INEC has their guidelines, and when they disobey their guidelines, we say no, the guidelines are not necessary for a case against INEC. We should make sure that they are bound by their guidelines.
“If they say they will transmit results electronically, they should be bound by it. If they say they will transmit results from their portal, from the polling station, they should be bound by that. And that should be very explicit, not only in the guidelines, but in the electoral act. And of course, also make a provision in the constitutional amendment that INEC guidelines flowing from that are also constitutional. That will put this thing to rest,” he said.
Ozioma Samuel-Ugwuezi
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