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Forwarded by: N. H. IBANGA

POSITION PAPER ON THE RESTRUCTURING OF NIGERIA

Summary

his is a Position Paper by the Okop Usem Leadership Council (OULC) for the linguistically homogenous (herein translated and referred to as Okopusem) indigenous people of the Old Calabar Province, from Akamkpa in the North to Bakasi in the South, from Opobo in the South West to Itu in the North East; from Ikot Ekpene in the West to Calabar in the East; ,who are one people with same blood, culture, language, traditions, customs, same God and divinity, consisting of the Andoni, Annang, Efik, Ekid, Enyong, Ibeno, Ibibio, and Oron peoples. It outlines the rationale for resolutions and bill of rights in our Agenda.

It calls for the re-structuring of Nigeria into viable federating units toward ensuring equitable and sustainable development for the overall well-being of all ethnic nationalities and the nation state.

The agenda calls for the transition from population based majority/minority dichotomy to a constitution based equality for all Nigerians in a re-structured Nigeria. It calls for the devolution of power from the presently unitary styled system of government into a true federal entity with no less than eight (8) and not more than twelve (12) relatively autonomous, economically viable, culturally and, as much as possible, linguistically homogenous federating units - each with its constitution subject to a federal constitution.

Each federating unit is to be established through a referendum for common identity such that over 250 ethnic groups in Nigeria can freely decide which federating unit to join. It also calls for the re-structuring of the federating units based on the 1960 provincial and emirate lines for the creation of local governments such that no majority or minority group will dominate the other or have the capability for political, resource, or military domination.

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It also demands recognition of our people as a ranking and equal ethnic nationality with others such as the Hausa/Fulani, Igbo, and Yoruba nationalities. It also calls for constitutional, judicial, legal reforms including the repeal or reversal of unfair and inequitable laws such as the Petroleum Act of 1969 and 1991, the National Waterways Decree of 1977, the Land Use Act of 1978 and 1993, and Supreme Court ruling of April 5, 2002.

The Agenda also demands constitutional guarantee of unregulated individual and property rights for our people, culminating in intellectual property, land and resource ownership, control and management rights subject only to taxation by the federal government. It also demands reparation to the people due to the damages, pain and sufferings caused by the Nigerian-Biafra civil war and also from ecological devastations due to petroleum exploration.

Preamble

Considering that we remain an Okopusem indigenous people in the coastal South Eastern part of Nigeria consisting of the Andoni, Annang, Efik, Ekid, Enyong, Ibeno, Ibibio, and Oron peoples, having common ancestry with long history of peaceful co-existence with our neighbors but forcefully amalgamated into Nigeria;

Considering that despite being a major contributor of resources that sustain Nigeria, our Okopusem indigenous people have never been given freedom and equal opportunity to deliberate and decide our economic and political relationship with other nationalities that make up Nigeria;

Considering that we were subjected to and victimized by the needlessly fought Nigeria-Biafra civil war resulting in considerable pain, deprivations and sufferings from human and property loss;

Considering that we have been dismissively regarded as a minority people and thus subjected to chronic deprivations through government misrule, avoidable poverty, political neglect and denial of development infrastructure, wanton exploitation of our resources resulting in environmental pollution and degradation, human and property rights abuses;

Considering that only with our rights, liberty and freedom of choice clearly defined and effected through democratic consensus can an agreeable constitutional, political and other necessary reforms be fashioned toward a re-structured Nigeria where there is equity, fairness and justice;

Considering the imperative for equity, fairness and justice, we the Okopusem indigenous people are determined through strong and united grassroots action to override and rebuff dictates from the purveyors of current status quo that have brought only poverty to Nigeria;

Considering that there is a growing and reasonable demand by our people and other Nigerians to form a stronger federation in which principles, doctrines and practices of true federalism uphold;

Considering the inevitability of a peoples' Conference wherein we must freely participate, deliberate and negotiate our own political and economic future as equal stakeholders with other Nigeria nationalities toward a reformed and re-structured Nigeria;

Resolutions

We hereby resolve the following:

1. To participate in any acceptable and people-oriented Conference wherein we strongly advocate for all necessary constitutional reforms toward a more stable union of Nigeria peoples, such that guarantee fundamental human values, rights, freedom and aspirations of the Okopusem people;

2. That we recognize our right to freely negotiate, reject or accept Conference recommendations in order to determine our coexistence with other peoples, geo-political formations and states in Nigeria for sustenance of growth in diversity of cultures, religion and also for mutual economic benefit and respect.

3. That Conference recommendation must be subjected to a peoples' referendum for full acceptance or rejection before implementation as necessary. Such recommendation must include but are not limited to:

   Ideological/National Orientation and Geo-political Re-structuring

   A progressive and pragmatic meritocracy governed by the rule of law with emphases on economic, scientific and technological development consistent with global trends;

   National geo-political re-structuring to establish autonomous federating units of indigenous people, each unit being an economically viable and culturally cohesive state based on provincial boundaries of former regional governments;

   Political consciousness and constitutional guarantee that no federating unit is ascribed a perpetual majority or minority status but an equal stakeholder in the federation;

Constitutional Reforms

Powers denied all governments from making invalid contracts and depriving any citizen of life, freedom and property without due process according to the rule of law;

Granted, implied and inherent powers of the federal government for control over external affairs, currency, Customs and Excise, and other matters of national concern;

Granted, implied and inherent powers of the federating unit for control over elections, local governments, education, public health and safety, energy and resources;

Concurrent powers of taxation and spending for general welfare;

Governmental System Reforms

Devolution of excessive economic and political powers vested in the presently unitary styled federal government to autonomous federating units;

A presidential system of government both at the federal and federating units comprising the Executive, bicameral Legislature and Judiciary;

A three-tier government structure comprising the federal, state and local government, with each federating unit having powers to create and fund local governments without recourse to federal allocations;

Internal Security Reforms

National Security Commission comprising a scaled-down Federal Police Force for policing federal highways, installations and establishments; Federal Prison Department; Federal Bureau of Intelligence and Investigations; National Guard Service; Customs and Immigration Services;

Each federating unit to have its autonomous Police and Prison departments, complete with systemic reforms that emphasize community policing and criminals' correction while respecting and enforcing both the rule of law and fundamental human rights;

Mandatory one year military Reserve training required for all Nigerians between eighteen and twenty five years of age or participation in a reformed National Youth Service Corp program that incorporates basic military training;

Fundamental Values and Human Rights Reforms

Welfare reforms in which every citizen of the federation is covered by UN Declaration of fundamental human values, which values include dignity, equality, freedom, justice, tolerance, peace, etc. and UN Declaration of Indigenous Rights to which Nigeria is a signatory;

Reparation to our people due to damages caused by the Nigerian-Biafra civil war and petroleum exploitation;

Individual, Property and Resource Rights Reforms

Constitutional rights and responsibilities of the state and citizens to be clearly defined;

Birth and proof of residency to be requirements for citizenship, census and voter registration in any of federating units;

The guarantee of unrestricted: individual property ownership and royalties rights; resource control rights to federating units based on internationally acceptable principles of federalism;

Fiscal Federalism

Constitutional provision for governments, except in time of war, to raise and spend funds in a balanced budget;

Constitutional provision vesting powers of flat taxation to governments and revenue allocation reforms;

Market based economy that guarantees free enterprise through deregulation and the creation of a level playing field for all;

Electoral and Political Party Reforms

Unlimited political parties based on political economic ideologies established upon pre-determined minimum number of signatories from each federating unit;

Authentically conducted and validated election process using the one-man-one-vote system in order to elect representatives contesting on political party or independent platforms;

Campaign Finance and INEC Reforms;

Voter registration reforms and Constitutional guarantee for absentee balloting;

Judicial/Legal Reforms

The upholding of the Fundamental Principles of Human Rights and the undisputed sovereignty of the Rule of Law in a truly Federal Nigeria.

The independence of the judiciary preserved by a system where each state operates its own judicial administration, system, hierarchy, and penal and criminal codes but whose laws are not contrary to, or inconsistent with, the preserved principles of the Fundamental Provisions of the Constitution of the Federal Republic of Nigeria, the African Charter on Human Rights, and all applicable United Nations Declarations. Appeals will lie from the State Supreme Courts to the Federal Court of Appeals, while issues of Constitutional interpretation will lie to the Supreme Court of Nigeria as of right.

The preservation of the tenure of Federal judges through a system of appointments, supervision and terms as approved by a Federal Judicial Commission, without recourse to or interference by the Executive, but by endorsement of the appropriate judicial sub-committee of the Senate.

Bill of Rights

We assert:

That the Okopusem indigenous people have been deprived of human rights and fundamental freedoms by successive Regional and Federal governments of Nigeria, resulting in the deprivation of land and sea areas, natural resources, needs and fundamental rights.

That the present and operating Constitution of Nigeria, some existing laws such as the Petroleum Act of 1969 and 1991, the National Waterways Decree of 1977, the Land Use Act of 1978 and 1993, Supreme Court ruling of April 5, 2002 are aberrations and perpetual conflict generators against indigenous rights and fundamental freedoms of the Okopusem indigenous people.

That the Federal government of Nigeria in its doctrines, policies and practices based on retrogressive laws and dangerous anti-democratic schemes defy compliance with or implementation of existing international instruments resulting inter alia in the dispossession of the Okopusem indigenous people of their resources, rights and fundamental freedoms.

We acknowledge that formulae for revenue allocation imposed by various federal governments since 1953, April 2002 Supreme Court decision against littoral States and recent law giving sole ownership of offshore oil deposits beneath 200 meters water isobaths to the Federal government have adversely affected the Okopusem indigenous peoples' right to development in accordance with indigenous needs and interests.

Based on the foregoing, we the Okopusem indigenous people make the following declaration of our Bill of Rights.

1. That Okopusem indigenous people are equal in dignity and rights to all Nigerians and as for all other indigenous peoples recognize their right to be different, consider themselves different in culture, needs, interests and regional concerns from other indigenous peoples of Nigeria.

2. That Okopusem indigenous people will promote the principle of peaceful coexistence with neighbors and other ethnic nationalities despite the provocative and divisive actions of the Nigerian State, transnational oil companies and their contractors.

3. That there is a historical and present reliance of the Okopusem indigenous people in gathering of resources from both indigenous land and sea areas for political, cultural, spiritual, traditional and economic livelihood.

4. That we have the right to secure moderate livelihood from natural and other developed resources within our lands and bordering seas without interference from the federal government or any other federating unit. Hence, obnoxious and perpetual conflict generator laws that deprive the Okopusem indigenous people of resource control and other rights must be repealed.

5. That in the spirit of true federalism in which individual and property rights are respected and enforced, ownership, control and development of resources within our lands and adjoining waters and reasonable air space belong exclusively to our people and are optimal ways of maintaining and strengthening our cultural, spiritual, traditional and economic livelihood in accordance with collective aspirations and needs of the Okopusem indigenous people.

6. That we recognize our right to freely determine our coexistence with other peoples, geo-political formations and states in Nigeria for sustenance of growth in diversity of cultures, religion and also for mutual economic benefit and respect.

7. That we recognize our right to adequately and by necessary means protect lives, property and common resources in ways consistent with indigenous needs and interests.

Signed: On Behalf of the Okopusem Leadership Council

Mr. Adams, Eno
Mr. Akpabio, Ekere
Dr. Edoho, Felix
Prof. Eduok, Etim
Mr. Ekam, Ukpong
Dr. Ekpe, Enefiok
Dr. Essien, Essien
Mr. Essien, Thompson
Dr. Eyo, Clement
Mr. Ibanga, Ndanyongmong H.
Mr. Ikpatt, Clement
Atty. Itata Itata
Dr. Mbong, Prophet
Dr. Okon, Timothy E.
Dr. Udo, Victor
Dr. Udom, Imeh
Dr. (Mrs.) Umoh, Frances ** OULC is an umbrella organization of progressive and committed people of the Old Calabar Province established for the primary purpose of advocating and representing the interest of our people in Nigeria and wherever they are found in the World.

OULC mission is to: research important issues affecting all of our peoples regardless of their State of residence in Nigeria or any country in the world; develop public policy agenda; lobby the relevant stakeholders; use all acceptable means to ensure the equitable sustainable development and overall progress of our land and people. OULC works with other progressive Akwa Ibom, Cross River and Rivers States indigene organizations in Nigeria and abroad to accomplish our mission.

For more information about OULC, please visit our electronic town hall Afe Okopusem at: https://okop-usem.invisionzone.com