Imagine a
nation where the legislature, executive and judiciary conforms to the provisions
of the constitution; a Federal Republic in which the hallowed principles of
democracy and social justice is practised; where sovereignty indeed belongs to
the people; where democracy as it should be is practised, religious tolerance,
discipline at all levels, national integration, zero tolerance for corruption,
and a balanced economy where resources are pigeonholed to apposite bodies
through positive governmental policies is made effective. A nation founded on
the ideals of freedom, equality and justice. A nation where citizens can hold
the government accountable to them. A nation where the national ethics are
observed. A nation where her vision 2020/20 mandate will be chalked up. This
nation is not farfetched as true to the words of Henry Thoreau that “in the next 20 years to come, you will be
more disappointed for the things you did not achieve than the ones you
achieved. So catch the wind! Set sail! Dream! Explore! Discover!”
These
beautiful epithets that makes a nation has taken a long walk into the desert.
Is this possible? Or are these spains built in the air? Baffling questions are
many, convincing answers are pending.
In the 18th
century, a little girl, Joan of Arc filliped nationalistic feelings in France.
That alone galvanised the French citizens from the giant pincer of the
Englishmen. A choice made by one person caused a positive vicissitude in that
country. There are many keys that hold Nigeria into a bunch, but just one key
will swing Nigeria on the hinges of this Ivory tower. Yes this nation is
possible. “For impossibility is found only in the dictionary of fools” a la
Napoleon Hill.
A careful
and detailed perusal of Chapter II
of the Constitution of the Federal
Republic of Nigeria which entails the Fundamental Principles of State
Policy has found barren soil in the Federal Republic of Nigeria. Section
13 of the said Chapter II provides that: “It
shall be the duty and responsibility of all organs of government, and of all
authorities and persons, exercising legislative, executive or judicial powers,
to conform to, observe and apply the provisions of this chapter of the
constitution.” However, by virtue of Section 6(6)(c), “The judicial
powers vested in accordance with the foregoing provisions of this section,
shall not, except as otherwise provided by this constitution, extend to any
issue or question as to whether any act or omission by any authority or person
or as to whether any law or any judicial decision is in conformity with the
Fundamental Objectives and Directive Principles of State Policy set out in
chapter II of this constitution.” This provision is ridiculously
opprobrious and far-fetched as a result of the fact that Item 60(a) of the Exclusive
List of the same constitution provides that “The establishment and regulation
of authorities for the Federation or any part thereof- to promote and
enforce the observance of the Fundamental Objectives and Directive
Principles contained in this constitution.” The combined reading of Section
6(6)(c) and Item 60(a) impedes the effective actualization of Section
13. Is it not contradictory for the court by virtue of Section
6(6)(c) to refuse to entertain any matter specified in Chapter II, and
at the same time be compelled to promote and enforce the observance of the
matters contained in this same chapter II by virtue of Item 60(a) of the Exclusive
List? This then means that the courts are placing imprimatur on the Exclusive
List which is a Federal instrument over and above the Fundamental
Objectives and Directive Principles of State Policy. This
burnt offering has become a reiterated incantation and also an abused immunity
which has rendered political firmament superior to the rigours of the law. For
any breach of Chapter II, they chant their ‘Political Anthem’- Section
6(6)(c) . This brings about a barrage of questions…
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