Prof. Nnamdi Obiaraeri
Section 4 of the Constitution of the Federal Republic of Nigeria consecrates the power to make laws power to make laws for the peace, order and good government of the Federation or any part thereof on the National Assembly made up of the Senate and the House of Representatives. This constitutional stipulation, among other things, raises a presumption that laws made by the National Assembly for the federation are made in good faith for the peace, order and good government of the nation. It is hornbook or elementary principle of law that duly passed laws by the legislature should be obeyed until amended or repealed by the legislature or set aside by the judiciary in exercise of its judicial powers under section 6 of the Constitution of the Federal Republic of Nigeria, 1999 as amended. Furthermore, under section 58 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, a bill passed by the National Assembly becomes law when the President assents to it. Specifically, under section 58(4) of the Constitution of the Federal Republic of Nigeria, 1999 as amended where a bill is presented to the President for assent, he has only thirty days thereof to signify that he assents or that he withholds assent. It is also good law that under section 58(5) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, where the President withholds his assent and the bill is again passed by each House by two-thirds majority, the bill shall become law and the assent of the President shall not be required. The above briefly explains the background to the making of any laws in the country.
It was in exercise of his powers to assent to bills passed by the National Assembly that President Tinubu signed the National Anthem Act, 2024 into law on 29 May 2024. By this, the discarded or old national anthem, ‘Nigeria we hail thee’ was reintroduced as Nigeria’s new national anthem. This effectively replaced the “Arise, O Compatriot” version of the National anthem which had been used in 1978 to supplant the now re-introduced “Nigeria We hail Thee” version. This singular decision has received both commendations and flaks from Nigerians. While many hail the decision as a welcome development heralding a needed return to “the good old days”, not a few have argued that the decision does not take care of existential problems. Some die hard cynics have even sworn not to have anything to do with the reverted national anthem although it must be strongly explained that national anthem is not about individual feelings or ego or political affiliations but about a nation and her unity. Section 24(a) of the Constitution of the Federal Republic of Nigeria, 1999 as amended is unequivocal that it shall be the duty of every citizen to abide by the national Constitution, respect its ideals and its institutions, the National
flag, the national anthem, the national pledge, and legitimate authorities.
The merits and demerits of the now new national anthem over the abrogated one introduced in 1978 by then Military regime of Obasanjo is a political hot potato. It is highly controversial and will for a long time remain an argument or polemic none can readily win. Those who oppose the reversion argue with vehemence that introduction of a new national anthem cobbled together by colonial masters is not a national priority, hence the timing was wrong. Some have gone ahead to chide or harass the lawmakers to also change the name of Nigeria, the national pledge, the national flag and return to old price of petroleum products and food items like garri, rice and beans. There is also a call for return to the use of old Naira notes even as threats of dragging the lawmakers to court over alleged irregular procedure adopted in the passage of the law which ushered in the new national anthem are looming. Pointedly, the Association of Legislative Drafting and Advocacy Practitioners has threatened to file a lawsuit challenging the National Anthem Act, 2024, because, among other things, (a) “no public hearing was held before the said legislation was enacted as required under Section 60 of the 1999 Nigerian Constitution”. (b) “Members of the public were not invited to make their contributions, as was done when the other National Anthem was enacted in the year 1978” (c) “There was no letter of transmission of the said Bill from the President to the President of the Senate and the Speaker of the House of Representatives, National Assembly.” (d) “The expenditures associated with the National Anthem Act, 2024 (which was done on 29th May 2024 and on other dates) are not captured in the Budget of the Federal Republic of Nigeria Act, 2024 (as can be attested to by the Accountant-General of the Federation) and therefore the said National Anthem Act, 2024, should be declared illegal.”
On a realistic note, it serves no useful purpose to continue to bemoan or resist the decision on the National Anthem Act, 2024 that has become a duly passed law. The reality is that the National Anthem Act, 2024 now compels obedience as law unless and until it is repealed or abrogated by another Act of parliament. Beyond the demur, the switch to the new national anthem is a clear acknowledgement by the leaders that Nigeria is unwell or that Nigeria is not working. There is no argument that Nigeria can be made to work if the injunctions in the anthem are obeyed and observed with tenacious fidelity. The leaders and Nigerians at large must acknowledge that, as stated in the first stanza of the national anthem, “though tribe and tongue may differ, in brotherhood we stand”. This is unity in diversity and national integration that received generous amplification as political objectives under section 15 of the Constitution of the Federal Republic of Nigeria, 1999 as amended.
Dissent is part of democracy while the business of government is to provide for all, including dissenters. As this is the calcified reality, what will the government do to win over the other citizens who do not agree that the sudden change of the national anthem is priority now or even necessary? Much as the objections are not totally misplaced, yet, government vision and optimism in the new national anthem cannot be dismissed with a wave of hand. Government and leaders behind the introduction of the new national anthem will do well to prove cynics wrong by ensuring that all citizens are made to embrace the national ethics provided in section 23 of the Constitution of the Federal Republic of Nigeria, 1999 as amended which are “Discipline, Integrity, Dignity of Labour, Social, Justice, Religious Tolerance, Self-reliance and Patriotism”. This is the snag or big problem. Patriotism is thought. No one is borne a patriot. Nigerians will learn to be patriotic if their leaders lead by good example. There is dearth of exemplary leadership in all strata of our national lives and endeavours. Nigerians will believe in the new national anthem if insecurity, banditry, insurgency, kidnapping and other forms of criminality are reduced to the barest minimum.
Of a truth, the national anthem cannot on its own “build a nation where no man is oppressed” as provided in the fourth stanza of the new national anthem. Oppression, marginalisation and injustice can only be eradicated only when leaders, by their actions and words, recognise that as provided in section 14 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, the Federal Republic of Nigeria shall be a State based on the principles of democracy and social justice. Accordingly, the composition of the Government of the Federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reflect the federal character of Nigeria and the need to promote national unity, and also to command national loyalty, thereby ensuring that there shall be no predominance of persons from a few State or from a few ethnic or other sectional groups in that Government or in any of its agencies. The composition of the Government of a State, a local government council, or any of the agencies of such Government or council, and the conduct of the affairs of the Government or council or such agencies shall be carried out in such manner as to recognise the diversity of the people within its area of authority and the need to promote a sense of belonging and loyalty among all the people of the Federation.
Paying lip service to patriotism or singing the old or new national anthem every minute of the day will not solve the existential problems that have befallen the country. All leaders must commit to serve according to the best of their respective abilities and genuine intentions. That is one of the surest ways to “hand on to our children a banner without stain” as prescribed in the second stanza of the national anthem. It will be an uphill task to make progress as a nation if there are no reliable census figures and demographic data to enable short term and long term planning and projections. The joke about the humungous amount of taxpayers’ money it will cost to teach citizens the new national anthem signifies ominous presage about ravaging official corruption in the land. Corruption cannot afford to thrive under the new national anthem otherwise it will be sheer waste of legislative time to have embarked on its passage. There is no gain putting new wine in old wineskins. The Holy Bible in Luke 5:37-39 admonishes thus- “And no one puts new wine into old wineskins; or else the new wine will burst the wineskins and be spilled, and the wineskins will be ruined. But new wine must be put into new wineskins, and both are preserved. And no one, having drunk old wine, immediately desires new; for he says, ‘The old is better.”
Nigeria we hail thee although pessimists insist that Nigeria is a country where the best seems impossible and the worst cannot happen. New wine must be put into new wineskins.
A new normal is possible!
Prof Obiaraeri, N. O.
