AHMADU BELLO UNIVERSITY ZARIA

FACULTY OF LAW

HISTORY 103: THE REVIEW OF MINORITY REPORT AND CONSTITUTION FOR THE
FEDERAL REPUBLIC OF NIGERIA 1976 BY OLUSEGUN OSOBA AND YUSUFU BALA
USMAN

BY ALFRED MARKUS

REGISTRATION NUMBER: U24CL1074

LECTURER'S NANE: Dr. SALIHU ZUBAIRU MUSTAPHA

2025

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INTRODUCTION

The minority report and draft Constitution for the federal Republic of Nigeria 1976 is a child of necessity
owing to the seriousness of the task before the members as it were as constituted by then Head of state
General Murtala Ramat Muhammad and General Olusegun Obasanjo in 1975 under the headship of
F.R.A.Williams. The task in this essay is to examine the strength of their recommendations as well as the
weaknesses and recommend ways forward.

STRENGTH

RECORD FOR FUTURE REFERENCES: First and foremost, credit must be given to the authors for
acknowledging the fact that their report was not born out of desire to attack on any person or persons but
their desire to put in record their observations which the future actually vadicated them after forty-six
years of using the majority draft (1979 Constitution) with little amendment in 1989 and 1999 versions the
country still need a working Constitution.

ACTION SOLUTION: Worthy of mention is the fact that the problems seems to go beyond
Constitutional amendment as a remedy but mass movement which should be devoid of violence term "
minimum Agenda for change". At this critical juncture Nigeria can not welcome any violence attempt to
change.

CAPITALIST MINDED ELITES IN LEADERSHIP: The draft also derived it strength from letting
bare by the authors the calibre of the people that made up majority members of the Constitutional Draft
Committee (CDC) " by claiming that they were so well familiar with the problems of the common people
that they did not need to do any further study. Yet the conclusions and decisions emanating from the CDC
debates often betray either ignorance of these very problems.

INCLUSIVENESS: The minority draft tried to reduce the undue influence of the executive members by
ensuring they have the mandates of their people at their various constiuencies. This is so because some
have to emerge as parliamentarians. More to that is the desire to save cost of governance which was not in
the majority draft that empowered the the president and the Governor at the federal and state level
respectively to appoint members of their cabinet. Worthy of notes is the involvement of the citizenry in
amending any section of the constitution through refredum as captured in chapter Xii subsection ii: "The
text of such a resolution passed is presented to the people of Nigeria in a refredum not earlier than three
months and not later than six months... and voters are ask to affirm or reject the amendment by voting
"YES" or "NO".

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 ACCOUNTABLE POLITICAL PARTIES: The minority draft made significant imput on area of
funding and control of the political parties as states in section 41(h) " it funds derived entirely from the
contributions of eligible voters...."

This is to shield our electoral process at the party level from being hijacked by money bags politicians.

USE OF SIMPLE EXPRESSIONS: The drafters of the minority draft were people centered as they
employed simple language. The choice of the language used was simply for the understanding of the
ordinary Nigerians. It is free from " Pompous verbosity" of the majority draft. It is the opposite of the
1979 Constitution which was characterize by usage of technical expressions like "Thereof", "aforesaid"
etc.

AFRICAN UNITY AS CENTER FOR NIGERIA FOREIGN POLICY: The draft also reaffirmed
that African unity peace and stability is at the center of Nigeria foreign policies as states " Any persons
who has resided in Nigeria for one month and has satisfied the president that he has made or making
outstanding contribution towards the liberation and unity of Africa may apply for a certificate of
naturalization ( section 10 b).

PATRIOTISM: More so, the draft also drew it's strength from section 11 that prohibited the double
standard of dual citizenship. This reinforces the spirit of patriotism in the citizenry of Nigeria. " A person
shall automatically forfeit his Nigerian Citizenship if he acquires or retains the citizenship or nationality
of any other country."

EXPLOITIVE ELDERS: The draft also took notice in section 154f of the situation where former
Governors turn the senate house into retirement home as such collecting salaries and allowances as
former state chief executives and serving senators.

"not receive or be paid Any remuneration for any public office at the same time as he is being paid
another."

PRICE CONTROL: From the economic angle, the need for price control on some certain goods is a
welcome development. Item 5 in exclusive legislative list " The control of the price of goods and
commodities designated by the National Assembly as essential goods or commodities; ..." Though the
economy system is dominantly capitalist in nature it will be dangerous to leave everything to be
determined by market forces.

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WEAKNESSES: It surfaces to say despite the strength of the draft report and Constitution some gaps
exit that need to be identified.

INSUFFICIENT MACHANISM NATIONAL UNITY: the suggestion of two courts as the highest
courts of the land is short of capturing our diversity as people in a country call Nigeria. On fulfilling the
Constitutional requirements to be declared a winner in the presidential/ Gubernatorial elections the
minority draft emphasize more on one with higher percentage which is inadequate.

The draft made a passing statement on the need for political parties adhering to their parties ideology as
captured in section 41it must have "a constitution and a political program which are compatible with the
six fundamental principles of this constitution and the seven fundamental economic and social objective
of the federal Republic of Nigeria...."

INSUFFICIENT CONSIDERATION OF POWER DYNAMICS: The draft reduces the office of the
president/ Vice president, Governor/Deputy Governor to mare observers as the task of day- to-day
running of the government is under the prime minister and premier at the federal and the state levels
respectively as captured in chapter Vii.

LIMITED IN POLITICAL PARTICIPATION: When examine the qualification of the candidates the
draft exempted the civil servants both serving and retired. On campaign, that only the government own
media is allowed as platform for campaign through the electoral commission is retrograssive. The draft
did not list items under the concurrent legislative list. This is in comparison with the majority draft that
later became the 1979 constitution that lists items like Allocation of revenue, Antiquities and monuments,
Archives, collection of taxes, electoral law, Electric power, Exhibition of cinematography films,
Industrial Commercial or Agricultural development, Scientific and technical research, Statistics,
Trigonometrical cadestral and topographical surveys, university, technological and post primary
education.

LACK OF POLITICAL FEASIBILITY: On the area Nigeria police Force, the draft did not State in
clear terms the appointment of the inspector General police and the commission of police in a state. The
1979 constitution made it clear thus "...who subject to section 196(2) of this constitution; shall be
appointed by the president, and a commissioner of police for each state, who shall be appointed the police
service commission."

LACK IN DEFINITING THE HIERARCHY OF COURT: The draft Minority once again did not
define in clear terms judicature. The majority draft made an attempt that was developed into 1999

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constitution from hierarchical order. It starts with supreme court establishment, appointment of chief
justice of Nigeria and Justices of the supreme court, it original jurisdiction, Appellate jurisdiction, finality
of determination practice and procedure. The Court of Appeal, it's establishment, appointment of
president and Justices of the Court of Appeal, Original jurisdiction, Appellate jurisdiction, Appeal as a
right from the federal High Court, Appeals with leave, exercise of the right of appeal from federal High
Court in civil and criminal matters. Others are federal High Court, The High Court of federal capital
Territory Abuja, The Sharia court of Appeal of federal capital Territory Abuja, Customary Court of
Appeal federal capital Territory Abuja, High Court of the state, Sharia court of Appeal of state, customary
Court of Appeal of a state, Election tribunals etc.

ELITE ORIENTATED: The preamble of the draft minority did not show clear distinction with the
majority draft that starts " We the people of Nigeria..." On the referendum, the draft was also silent on
how to avoid the process from being manipulated by the ruling class.

EXPENSIVE LEGISLATURE AT FEDERAL LEVEL: The legislature having Bicameralism in the

LACKING ACADEMIC CONSIDERATION: The draft fall short of stating the academic
qualification should one is contesting for the office of the president/vice, Governor/ Deputy, senator,
house of representatives and member house of assembly as it only stipulate the minimum age. The 1999
constitution pegs at secondary school certificate.

LACKING LOCAL GOVERNMENT AUTONOMY: The draft minority as its sisters majority draft
set the foundation for creepling of the local government system politically putting it in the residual list
where only Governors could legislate upon. as captured in item 22. " Election to the office of president,
Vice- president, and Governor of a state and any other elective office whatsoever in Nigeria or any part
Thereof including election to a legislative house but excluding election to a local government council or
any office in such council."

CREATE ROOM FOR POLITICAL VENDETTA: the impeachment of the president/ vice president,
Governor/Deputy the voters a left to be mare observers as it could be use for political vendetta by
political rivals probably in control of the parliament. We have seen instances in the fourth republic where
the state executives were removed or threatened to be removed for political reasons. Example in Rivers
State between Barr. Wike current Federal Capital Territory Minister and the serving Governor Fubura.

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The draft did not clearly define the power of the president in issuing a proclamation of a state of
emergency as in section 97b "... actual breakdown of public order public safety in the whole country or in
any part ..." We saw how President Obasanjo misfired the section by resolving the democratic structures
in plateau, Ekiti in name of declaration of state of emergency. This made F.R.A. williams (SAN ) who
was part of the constitution draft in Nigeria since independent to come out and condemned Obasanjo's
misinterpretation of this clause of the constitution.

FAILURE IN STATING THE FEDERATING UNITS: draft also did not State The states , local
government areas, their state Headquarters as done in the majority draft thus; Anambra 23 LGAs, Enugu,
Bauchi 16 LGAs Bauchi, Bendel 19 LGAs Benin City, Benue 13 LGAs Makurdi, Borno 18 LGAs
Maiduguri, Cross River 17 LGAs Calabar, Gongola 17 LGAs Yola, Imo 21 LGAs Owerri, Kaduna 14
LGAs Kaduna, Kano 20 LGAs Kano, kwara 12 LGAs llorin, Lagos 8 LGAs Ikeja, Niger 9 LGAs Minna,
Ogun 10 LGAs Abeokuta, Info 17 LGAs Akure, Oyo 24 LGAs Ibadan, plateau 14 LGAs Jos, Rivers 10
LGAs Port Har- Court, Sokoto 19 LGAs Sokoto. The 1979 constitution recognizes 19 States and 301
LGAs

THE OVERVIEW: The position of the review are as follows There should not be any council of
ministers or State executive council at the federal or state levels respectively without the the president or
the Governor chairing. If allowed as drafted these senior government officials will be sidelined. The next
thing Nigerians will hear is the forum of premier rivaring with Governors forum.

On the highest court of the land the drafters should have thought of recommending three courts systems
( British, Sharia and customary) for inclusiveness instead of two. That is British and Sharia. I think
picking the British model at the supreme was inline with our reality as heterogenous society.

The minority draft fall short of stating the manner at which the institutions of the government will be
funded. This has always been a major problem in ensuring the independent of various government
agencies in discharging their duties without the interference of the executive under which the national
commissions operate.

Moreso, on who should be declared winner of any executive position he or she must have the highest
number of votes and fulfill the requirement of securing twenty five percent in at least two third of the
states including the federal capital Territory as it is obtainable in the constitution of the federal Republic
of Nigeria.

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In the area of campaign, parties should be allowed to choose their medium within a stipulated time frame
given by the electoral commission as it is currently practice by the National independent electoral
commission as empowered by the electoral act 2022. This is necessary

because the party in power may use her power influence the public Media in selling the opposition
candidates.

With due respect the drafters of the Minority and the majority draft constitution on the area of
appointment of the commissioner of police. It is solelly done by police service commission which directly
under the presidency at same time the Governor is expected to be the chief security officer of his state.
While as a commission of police likely be obey the order from his master from Abuja than that of the
state governor. This unfortunate tempto is also sustain in the 1999 constitution there leading for climoring
for state police.

On how to avoid manipulation of the ordinary citizenry during Constitutional amendment, non
governmental organizations and civil societies should educate the people on the merit and the demerit of
the amended clause in the constitution.

In respect to the local government, giving them financial autonomy by collecting their monthly
allocations directly from Abuja is not enough. The 774 local government and area councils need also
political and administrative autonomy to work effectively as the government closer to the people. The
political measure is to disband the state electoral commission for conducting local government council
elections because they have shown over the years that they could be independent from the state
executives. Where we have instances that the ruling party winning all elections in the state they govern.

The minority report and draft constitution is indeed the voice of the conscious of the ordinary Nigeria
aiming at ensuring Nigerians having a country that all will be proud of as against the country that is
working for few. Even with the limitations in the minority draft, Nigerians will look back and cherish the
efforts of these schalar for designing a different path for emancipation of all Nigerians irrespective of
religion, ethnic or region.

References
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Government of Nigeria: The constitution of the Federal Republic of Nigeria 1979,

Michigan: Sweet and Maxwel, 1982.

Government of Nigeria: The constitution of Federal Republic of Nigeria 1999;

Abuja: Federal Government Press .1999.

Olakanmi & Co. The Nigerian constitutions 1963. 1979. 1999; 3rdEd

Abuja: LawLords, 2008.

Olusegun Osoba and Yusufu Bala Usman , Minority Report and Draft constitution for
Federal Republic of Nigeria, 1976, Zaria: Center for Democratic Development, 2019.