Chief Ayo Adebanjo, elder statesman and a leader of Afenifere, the Yoruba social- cultural organization, told Thisage in an interview that the 1999 Constitution is the major obstacle to achieving true federalism in the country. Excerpts:
Recently, Afenifere issued a press statement stating that VP Osinbajo’s current challenges in office have to do with the decisions he took while acting as President, such as the sack of ex-DSS Boss Lawal Daura and appointment of ex CJ Walter Onnoghen. Is it that not taking a smaller view of a larger situation?
That is the most obvious symptom of the larger structural problems facing the country besides unconfirmed rumours we heard about him. But such actions really confirmed the fact that he is not in good terms with the presidency. What you get is what you see. We later heard some credible information about the disagreement between the President and the Vice-President and the fact that the President undid some of the actions Osinbajo took while acting as Acting President shows disapproval. It does not show cohesion.
Do you share the view that the real problem may lie in the section of the Constitution which grants the VP such powers that make him to outshine the president and until it is amended…?
(Cuts in) My dear, my dear, do not go into speculation. Let us deal with what is happening. He was Acting President and was granted some powers and he took some decisions. Do not let us speculate whether this was done or this should have been done. We should look at what the Constitution says now and how people are implementing it. If you believe something is wrong with the Constitution, that is another kettle of fish. Let us deal with the fact first. Is that action right or wrong.? That is the way I look at it. I will not speculate that we should go and change the Constitution before President Buhari treats VP Osinbajo the way he ought to treat him?
I am saying we should look at the undercurrents and seek ways to remove them or we would keep experiencing the same problem with that office. Remember Ex-President Obasanjo’s fight with former Vice President Atiku Abubakar started the same way?
If there is an undercurrent, that is another matter. If you are saying, for instance, this and this is an ambiguous thing in the Constitution and we should change it, that is different.
My own attitude, abnitio, even when everybody was shouting change, change, is that unless there is a change in the Constitution, that change we are all expecting would be impossible and that change has to be all embracing. As long as the current Constitution exists, Buhari would continue to be a civilian dictator. That is the summary. All that he is doing is empowered under the imposed Constitution by the military in 1998. You are a journalist, you know where we are coming from.
The stand of Afenifere is that this Constitution is not ours. The document called the Nigerian Constitution is a fraudulent document. It says what it is not. It says, for example, in the preamble, “We the People of the Nigeria…” Is that true that we the people made the Constitution? Is also says, the Federal Republic. Are we Federal? All that is contained in those words are untrue and until that is rectified, we would just be putting water behind the calabash.
So what would you recommend as a remedy to the challenges of the VP?
As far as we are concerned, he has not been treated the way he ought to be treated. If you do not want it to happen again, change the Constitution. Let the Constitution restructure the country into a true Federation with a Federal Constitution.
Do you subscribe to the view that there is a cabal in Aso Rock behind all these things?
My dear you are going to what we may say is rumour and I am saying if we do not want to be hearing of such things, let us change the Constitution. That is the bottom line.
Even if we change the Constitution and we still have operators who are undemocratic in their intentions would that solve the problems?
Chief Adebanjo.
I am still saying, change the Constitution, nothing more, nothing less. As long as we are under this Constitution that gives Buhari all the powers that makes him the most powerful president in the whole world, he would continue the way he is; that is why he has power to disobey court orders, chose security architecture from the same place and nothing is happening, forgetting that this is a Constitutional democracy. All these things you are complaining about would continue to exist as long as we have this military imposed Constitution. They have not denied that.
Before the last military Head of State, Gen Abdulsalami Abubakar left office, NADECO (National Democratic Coalition) and Afenifere insisted that we should not have any election in 1999 until we have had a sovereign national conference where we would all agree on how we are going to live together if we so agree to live together. Gen. Abdulsalami said he was in a hurry. That is the reason for the Constitution we have today.
But we had the President Goodluck Jonathan Conference where elected and appointed Nigerians made far- reaching suggestions to changes in the Constitution and Federation. When it comes to implementation, nothing happens. Where are these men and women who made the suggestions? Why can’t they stand up and take a common stand?
You are asking a question that is obvious. I have said it before that if President Buhari wants this country to move forward, then let him implement the recommendations of that conference. If he says he is not the one that set it up, then let him take out those recommendations that are not agreeable to him. If there any provisions that are not agreeable to him, then let him accept them and let us move forward.
If he refuses to make the changes, then the agitation continues.
President Buhari reportedly said he was not bound to implement the outcome of a Confab he did not convoke to make those changes?
You answer that question. It appears you have nothing been following our activities. What are you saying.? We said he should change the Constitution, he did not and we accused him that he has refused to effect the changes because he wants to be a dictator. It is for you journalists to say, well you are giving credence to those who accused you of being a dictator, because they pointed out the way to be democratic and you refused to follow. If you do not have the courage to do say that, then stop repeating what we have said all along.
The point I am making is that Buhari emerged President with the massive support of many of these same big people we are talking about: They recruited him and supported his emergence…
(Cuts in) What do you want us to do? Do not be telling me what I know.
It is for you to tell Nigerians what is to be done?
What should be done? I said do not vote for him and people voted for him. You do not know about that? Even before he was voted for in 2015, I said the greatest mistake we would make is to vote for Buhari. Go and read the interview with the Vanguard. I said he is a dictator, he would not obey the rule of law and his supporters said that was when he was in the military. I was even accused of collecting money from President Jonathan. Now he has been a civilian in power for some years. Has he proved me right or wrong? Have I been vindicated? I have been consistent on this matter. All others who have recanted met me there. Many of them should do like Obasanjo and say, I am sorry, I deceived you. That is why when I was accused of making friends with Obasanjo, I said why not. When I said there was no way he said there was way. Is now that he has said there is no way that I should be his enemy? It does not make sense.
You were reportedly quoted as saying you would not recognize the President until the Supreme Court makes the final ruling on the election petition by the opposition, Peoples Democratic Party. That has happened. Do you recognize him now as President?
Well, Constitutionally he is the President. Does that mean that I agree with him? I am bound to recognize him by virtue of the Supreme Court judgment because I am a lawyer. But because the Supreme Court gave the ruling does not mean I am agreeable to their reasoning?.
But I am bound by it because that is highest thing provided under the Constitution. As the people say, the fact that the Supreme Court is the final court, does it mean the Judges are not fallible?
