HON. BARR. ‘TONYE TIMI, Ph.D
INTRODUCTION:
Why is something as big as the bill to create Anioma State by Senator Ned Nwoko who represents Delta North in the Nigerian Senate not generating as much interest as expected in Delta State. After all, it is the State that is about to be “balkanized” for a better use of word.
One has keenly been following the arguments of the protagonists and antagonists of the Anioma State creation from the Delta North. One thing that stands out from the debate is that the concept of “Anioma bu offu” -Anioma is one- is fallacious. Anioma is not “offu” -Anioma is not one-
The name “Anioma” is an artificial creation which is not rooted in any history. Indeed, one of the debaters, Prof. Awo Okecha in his position paper had this to say: “What is Anioma? The word was coined not long ago by four people: one professor from Ika; two professors from Aniocha and one rich businessman form Aniocha. No Ukwuani man was involved in the choice and coinage of the term”.
Another School of thought stated that it was Chief Osadebey who suggested the use of the territories of Aniocha, Ndokwa, Ika and Oshimili acronym at a meeting. Coincidentally, the word ANIOMA translates into the “good land”
The ethnic nationalities that makes up the artificial Anioma creation therefore have their diverse history, cultural identities, language variations etc, but bound together by geography. Some of them claim to have their roots from Benin, Igalla, Igbo etc. Interestingly, others like the Agbors claim a stand alone, with equal genealogical standing with the Benin Kingdom. In terms of the colonial provinces, it is historically correct to state that Delta North were taken out of the Benin and Delta Provinces. All these manifested in the myriad of opinions on the proposed creation of Anioma state.
A careful analysis of the pros and the cons can be summarized into two:
The first opinion states that the creation of Anioma State is desirable, but it must be a stand alone state, consisting of the territory known as Anioma or Delta North of today;
The second opinion which is lies on the alter of political expediency says since it is suspected that there are attempts to pacify the marginalized South Eastern Zone of Nigeria which presently has 5 states, Anioma can cash in on that by being part of the new region.
Those who hold these two divergent opinions are so tenacious and unyielding.
Justification for the creation of Anioma State:
The next task is to justify the creation of an Anioma state. Is it worth the trouble?
As far back as 1975 Chief Obafemi Awolowo stated that:
“It is clear, therefore, that under the linguistic principle, the number of states in the country cannot in the long run exceed 51. Having regard to the size and wealth of the country, this should not by any manner of means be a worrying prospect”.
Chief Awolowo’s statement has answered the question in the affirmative and most citizens from this area share the same view that it is necessary to create Anioma state. Where the controversy exists is whether the state should be part of the south eastern part of the country or not.
Those who argue that the Anioma state should be part of the south eastern part of Nigeria justify their argument based on the fact that it should be part of the sixth state that the Igbo’s have been clamoring for to ensure regional equilibrium. Also the Anioma people are originally Igbos who shares traditional affinities with the Igbo’s, such as market days and others.
Those who argue that Anioma as a state should not be part of the eastern part of the country base their argument on the fact that though some inhabitants of Anioma people are Igbo speaking that does not make them Igbo’s.
While this various argument may seem sound, what is more important is the fact that more than ever, there is the need for the creation of Anioma state and all hands most be on deck, there should be unity of purpose and consensus amongst the interested parties to ensure that the state is created and the benefits accruable to state creation is accorded to the people. One sure way to achieve this is by going back to history, which is to the effect that the Igbos are the only region in the country that does not have six states. It will be politically correct for the argument of a six state as an Anioma state in the eastern part of the country.
Historical antecedence of states creation in Nigeria:
The Southern provinces were divided into two, namely the Eastern and the Western provinces by the colonial administration in 1939 because of what was termed ethnographic and communication problems. The Northern Provinces had similar problems, but the boundaries were left untouched. By 1963 the Mid-Western region was created as a result of the fear expressed by the minority tribes in the country.
It should be recalled that by 1953, the minorities had become united, determined and vociferous in their demands for separate regions. This led to the formation of the Minorities Commission under the chairmanship of Sir Henry Wilink in 1957. However, it has been argued that the commission did not find it necessary to create any new regions, instead constitutional safeguards were recommended for the independence constitution. It was in 1963 that the mid-western region was created from the western region.
From the economic perspective, the excision of the Mid-West region from the West was to wrest control of the oil rich Niger-Delta from the then Action group so that the NCNC which was controlling the Root Crops, rice, grain laden and solid mineral rich middle belt will be more economically competitive, strong and stable.
The creation of 12 states in 1967 was derived from the political ascendency of the new military based ethno-political coalitions and the urgent need to under-cut the imminent secession of rich Eastern region from the federation.
In February 1976, additional states were created to bring the number to nineteen, with Abuja as the new federal capital territory. While the creation of the nineteen states was seen as a step in the right direction, it is important to note that emphasis on the need for each state to be economically viable was again down played. The need for an even development was put forward as the reason for the creation of the ??? (Timothy Onimisi, The Politics of State Creation in Nigeria and The Economic Viability of The Existing 38 States 5 bid states), but a closer look at it shows that it was far from it, rather ethnic politics seriously played out.
In August, 1987 Akwa Ibom and Kastina states were created as recommended by the political Bureau set up by the government in 1986 which was to provide a political blue print for Nigeria. In August 1991, additional nine states were created by the administration of president Babangida. The president claimed that the states were created as a measure of growth in the federation.
He further said that ingenuity and resilience as a people committed to living together in spite of the plurality that began as two colonial units in 1914, has today transformed to many states.
General Sanni Abacha created additional six (6) states in October 1996. This clearly shows that only military governments have succeeded in creating states in Nigeria.
Philosophical basis for states in Nigeria:
Several reasons have been adduced for the agitations for more states:
- believe that development will obviously accompany state creation;
- stability cannot be achieved without it;
- avoiding political domination by stronger ethnic nationalities;
- protection of minority rights;
- increased political participation through appointments and representation;
- acceleration of promotion of civil servants;
- empowerment through contracts and proliferation of elite formations etc.
Legal Framework for State Creation in Nigeria and the use of the Doctrine of Necessity in the Creation of Anioma State:
In the Nigerian legal space, two major legislations are relevant to the issue of state creation. They are:
- 1999 Constitution and the Creation of States and 2. Boundary Adjustments (Procedure) Act, 1982
Section 8 (1) of the 1999 constitution provides that for a new state to be created, a request supported by at least two-thirds majority of members (representing the area demanding the creation of the new State) is made in writing to both chambers of the National Assembly (Senate and House of Representatives), The State House of Assembly in respect of the area and the local government councils affected.
Section 1(2) (c) of Creation of States and Boundary Adjustments (Procedure) Act, 1982 further provides that the request to the local government councils in respect of the area must be in respect of the area, only if those members append their signatures or right-hand thumb impressions to the request.
Section 1(3) of the Act, outlines the detailed particulars of information that must be contained in the request for the creation of states which are;
(a) the name of the proposed State;
(b) a full and clear description of the area covered by the request; and
(c) the names of all elected members for the time being of the local government councils, House of Assembly, House of Representatives and the Senate, representing the area covered by the request and supporting the impressions appended thereto directly opposite their names.
The National Assembly having received the request in writing and being satisfied that the said request so received has complied with the provisions of section 8 (1) (a) of the Constitution of the Federal Republic of Nigeria 1999, shall direct the Independent National Electoral Commission (INEC) by resolution to conduct a referendum of the area (where the demand for the creation of the new state originated) with respect to the said proposal.
The proposal within thirty days of having been accepted by resolution of both chambers of the National Assembly is gazetted. The clerk of the National Assembly is required to communicate the directive of the National Assembly to INEC within thirty days.
Upon the National Assembly receipt of the certificate of a result of the referendum from the INEC, and if the result shows that the proposal for the creation of the new State has been approved by at least two-thirds majority of the people of the area who actually voted, then the President of the Senate shall transmit a copy of the said certificate of result of the referendum issued by INEC to the Speaker of every State House of Assembly in the Federation who shall cause it to be laid before the House for its consideration.
The House shall take a vote on a motion moved by any of its member for the approval of the result of the referendum. The Clerk of each House of Assembly shall issue a certificate, certifying the result of the votes taken on the motion and deliver or cause to be delivered such certificate to the Clerk of the National Assembly who shall in turn submit same to the President of the Senate and the Speaker of the House of Representatives.
If the certificate of the result of the voting on the said motion in the Houses of Assembly shows that the motion has been approved by a simple majority of all the States of the Federation supported by a simple majority of the members of the House of Assembly, a resolution may be proposed by any member in each House of the National Assembly calling on the House to approve the proposal for the creation of the new State. If the resolution is passed by two-thirds majority of members of each House of the National Assembly, the National Assembly shall proceed to enact a law creating the new State.
It is the cumbersome nature of state creation as enshrined in the 1999 constitution as amended that made Former Senator Adighije to say, “the Federal Government should overlook the provisions of the 1999 constitution as amended and create an additional state in the South East with doctrine of necessity. This is also in tandem with the position of Mr. Charles Ude that given the current security situation in the South-East geopolitical zone, the President can invoke the doctrine of necessity to facilitate the creation of Anioma State. This legal principle allows for actions deemed essential and in the state’s best interest, even if not explicitly provided by law.
Sen. Ned Nwoko must lobby for the use of the doctrine of necessity if his dream of having an Anioma State must come into reality.