Awo's Thoughts

THESE and similar questions are not at all difficult to resolve. We could have tackled them here; but we consider that such an exercise involves too many minor details for the present discourse.

As we stated at the beginning of this portion, it had been generally agreed until recently that the three Commissions which we have been discussing should have jurisdiction throughout the country-both at the Federal and Regional levels. The last nine months have witnessed a complete change in this climate of opinion. It is now being canvassed, with a considerable measure of success, that the Central and Regional Authorities should each have its own set of commissions. It is not our wish to join issue here on this change of front and the circumstances which have brought it about. All we would like to say is that the arrangement we have proposed is as applicable to the entire country as it is to each of the Authorities separately.

There should be three other Commissions as follows:
1. The Armed Forces Service Commission.
2. The Police Service Commission.
3. The Prisons Service Commission.

The members of each of these Commissions should be appointed by the President, acting in accordance with the advice of the Vice-President. If the latter is to discharge his responsibilities of maintaining the peace and safe-guarding the security of the Federation, he must be given a free hand in dealing with the affairs of these three powerful arms of the country’s order and security.

It may be feared that the Head of Government might employ these executive arms of the Government to oppress and victimise his political opponents. Our considered view  is that  this would be possible only if he tore up the Constitution or deliberately violated such of its provisions as we have already suggested. If he did this, certain unpleasant consequences would inevitably and inexorably follow. But if he observes the provisions of the Constitution and the other Organs of the Government do the same, the citizen should have nothing to fear from the provisions which we have here proposed. Above all, the suddenness and total successes of the coup and counter-coup of 1966 have taught a grim lesson which no future Head of Government in Nigeria will ignore.

(28) The three Organs of the State, namely, the Legislature, the Executive, and the Judicature, should, as far as possible, be made to function separately from and independently of one another. In other words, there should be separation of powers.

In Chapter 5, we have dealt fully with the doctrine of separation of powers, and we have nothing more to add to what we have said on the subject. This much, however, we venture to say. We believe that in all the proposals which we have made in the preceding pages for a new Constitution for Nigeria, we have tried scrupulously to adhere to the principle of separation of powers.

(29) Nigeria should be a secular State.

The existing association between the composite State of Nigeria together with some constituent States in the country on the one hand, and the Church on the other, is embarrassing and should be completely severed. It is a British custom which is, to say the least, apish, unreflecting, and discriminatory for us to preserve.

Why should there be State Services at all? Why should the clergy participate in the opening of Parliament or Regional Legislature? And that reminds us: why should the judges also participate in such an opening, which is a purely political function? Why should there  be any religious Services at all in connection with the opening of the assizes? And why, if such Services are necessary, are they not held in Churches other than those of the Anglican confession, and in the Mosques as well?

The whole thing is ludicrous! God is everywhere; and His ever-ready responsiveness to our supplications is not confined to any Church or place.
To be sure, it is a very good thing indeed for the Churches, the Mosques, and other religious gatherings, to pray, from time to time, for the success of the Government of the day, if they are convinced that its plans and programmes are good and promotive of the welfare and happiness of the people. But it would be wrong, and of course futile, for them to pray, as they did in recent years, for the success of a manifestly satanic administration. For the reformation of such a government, they certainly must pray. By participating in State Ceremonies, and getting too much involved in official functions, some religious leaders find it difficult to speak out with freedom, forthrightness, and courage, in condemnation of what they know to be evil in the doings of the State.

We have just been talking of separation of powers among the organs of the State. We strongly believe that, as far as possible, there should be separation of activities between the State on the one hand, and religious bodies on the other. By this same token, we think that it is time the Judges kept or were kept far away from such State Ceremonies as the opening of Parliament or Regional Legislature.

(To be continued)