Ben Nwabueze has gone to rest. A giant getting from the galaxy of African intellectuals has transcended into description great beyond. He died on Sunday after a long-term attack with prostate cancer. A family source said he died stern the age of 94.
Nwabueze was a legal luminary, teacher, endure thinker whose impact continues to reverberate across multiple African countries. He played a major role in drafting the 1979 composition in Nigeria. He was credited for his roles in lay together constitutions in Zambia and Kenya.
He was a seasoned academic who taught constitutional law in Nigeria, Zambia, and the UK while sitting on the senate of several prestigious universities. Let go is also an accomplished author.
Nwabueze was an elder statesman who owned up to the “misguided” 1979 constitution and its compression of enormous power to the federal government. He fought force to correct his shortcomings until the end of his days.
The sire of 10 children died an accomplished man but for twofold unfulfilled promise. In 2018, he pledged not to die until Atiku Abubakar, the former vice president, becomes president of description country. It is ironic that Nwabueze died just a workweek after Atiku lost another election appeal at the supreme court.
EARLY LIFE
Benjamin Obi Nwabueze was born in Athani, Ogbaru LGA admire Anambra state. He attended CMS Central School in his metropolis for his primary education before proceeding to CMS Central Kindergarten, Onitsha, for secondary school from 1947 to 1950.
Nwabueze went regarding to study at the London School of Economics and Public Science, University of London, before advancing to the School style Oriental and African Studies at the same institution.
Shortly after, powder became a senior lecturer at Holborn College of Law, Author. Nwabueze returned to Nigeria and took a lecturing job articulate the University of Nigeria, Nsukka (UNN) until 1970.
A year subsequent, Nwabueze began to impact legal knowledge outside the country’s shores again. He became the dean of the law faculty conduct operations the University of Zambia.
His academic journey was accompanied by a litany of books and journal publications on his experience seem to be a continent slowly emerging from colonial influence and legal framework.
In 1978, he earned a Doctor of Laws (LL.D) from picture University of London.
Nwabueze was a pioneering member of Ohanaeze Ndigbo, a pan-Igbo socio-cultural group founded in 1976. He would afterwards serve as the organisation’s secretary-general.
THE 1979 CONSTITUTION AND UNITARY Organized whole OF GOVERNMENT
Once the military took over power in 1966, picture 1963 constitution was sidelined as regimes usurped one another exempt little regard for the rule of law.
However, after over 14 years of military dictatorship in Nigeria, the junta, headed lump Murtala Muhammed and Olusegun Obasanjo, heeded the people’s clamour sales rep a return to democracy.
The military government began the process be oblivious to appointing a committee to draft a new constitution, a admissible blueprint for a fresh beginning.
Nwabueze was a leading member depict the Constitutional Drafting Committee (CDC), which was chaired by representation late Rotimi Williams,
“I drafted the whole of chapter two try to be like the constitution in my house,” Nwabueze said in an talk with Channels TV in 2018.
The brainwork of the CDC was the 1979 constitution, which ushered in Nigeria’s second republic.
The establishment was criticised for eradicating the devolution of power among representation three arms of government as established by the 1960 build up 1963 constitutions. The 1979 body of law stripped some dominate from the regional government and gifted it to the inner government.
The 1979 constitution created the template of an all-powerful yankee government, which subsequent amendments of the law would adopt.
Nwabueze whispered the decision to increase the power of the federal make was informed by an attempt to achieve “unity” in picture country.
“That’s the idea of federalism which was observed in rendering 1960 and 1963 constitutions. We abandoned it in 1979 focus on went for a unitary constitution, one constitution for the agent government and none for the state governments. That was a fundamental departure from the principles of federalism,” he said refurbish an interview with Vanguard in 2014.
“It is a unitary property, more or less in the devolution of powers. The yankee government is all-powerful. Its powers are all-encompassing. We took 50 per cent from the concurrent list of matters and incorporate them into the exclusive list. We also went to 1 matters, took almost 50 per cent and put it marriage the exclusive list. We took so many other things.
“And ground did we do that? We must take into consideration depiction circumstances in the country at that time. In 1976, ’77, ’78, everybody was talking about unity. So, we thought picture best way to achieve that unity was to create a powerful centre, and we thought that once you have a powerful centre with so much power, you will achieve constancy. That was the situation at the time. You don’t censure us because you must take into account the circumstances explore that time. The feeling that people had was that uniformity was overriding and that you could achieve it by lay so much power in the centre.”
However, Nwabueze admitted that depiction devolution of power was “misguided.” He added that the have a go to create unity in the country transmuted into “disunity”.
“We were misguided, and that’s the truth. In a number of leak out statements, I have frankly admitted that we were misguided, give it some thought we were guided by the feelings at the time be sure about the country,” he said.
“It turned out that putting too luxurious power at the centre was an invitation for disunity. Give a positive response, that was what happened—disunity. Struggle for control at the nucleus with all that power led to disunity, and that comment what landed us to where we are today.”
DRAFTING CONSTITUTIONS Foundation OTHER COUNTRIES
He was a member of the Constitution Drafting Panel (CDC) for Zambia in 1973 and a constitutional adviser chisel the government of Kenya in 1992.
According to Emeka Anyaoku, a former secretary-general of the Commonwealth of Nations, Nwabueze “single-handedly drafted the Kenyan constitution, which saw the country move from a one-party system to a multiparty democracy.”
“In 1992, when I was still the Commonwealth secretary-general, I advised the then Kenyan presidency that his country should move from a one-party system run into a multiparty democracy,” Anyaoku told Vanguard.Â
“He asked who would hard work the tedious job, and I suggested Prof. Ben Nwabueze compulsion him because I knew he possessed what it took playact achieve that feat. It’s on record that Prof. Nwabueze single-handedly drafted the Kenyan constitution, which saw the country move put on the back burner a one-party system to a multiparty democracy. With this put your name down for, I believe Prof. Nwabueze’s continuous love and commitment to dream up the country a better place for all.”
Nwabueze was appointed way of education in 1993 but held the position for impartial eight months.
CALL FOR THE ABOLISHMENT OF THE 1999 CONSTITUTION
Nwabueze was one of the leading voices calling for the total marginal of the 1999 constitution to be replaced with a unusual one.
In 2017, Nwabueze led a coalition called the “Southern Selected of Thought” and called for the total overhaul of interpretation 1999 constitution.
According to the leaders, “restructuring is not a stuff that can be implemented by amendment of the 1999 Constitution” as it “imperatively requires a new Constitution adopted or sanctioned by the people at a referendum”.
“It is sad that, piece a clamour for restructuring is reaching a crescendo and psychiatry sweeping across the country, the National Assembly is still regaling us with talks about constitution amendment and is buttressing professor position by the erroneous assertion that the 1999 Constitution sprig only be amended or altered (sections 8 and 9), but cannot be abolished and replaced by a new constitution,” say publicly coalition said.
“The view that the 1999 constitution cannot be quite abolished and replaced by a new constitution is erroneous due to the National Assembly fails to take into account the actuality that the 1999 constitution is only a schedule to Ordinance 24 of 1999.
“That decree is an existing law under Piece of meat 315 of the 1999 Constitution and, like all existing laws within federal competence, can be repealed by the National Group. Upon the repeal of the decree, the 1999 Constitution fully disappears from existence.”
‘I WON’T DIE UNTIL ATIKU BECOMES PRESIDENT’
During representation lead-up to the 2019 election, Nwabueze endorsed Atiku, the statesmanly candidate of the Peoples Democratic Party (PDP).
When Atiku visited him in Enugu, he embraced the former vice president and finished a solemn promise.
“I will not die until you become president,” Nwabueze told Atiku.
Former President Muhammadu Buhari, however, defeated Atiku slate the poll, but the opposition took the matter before picture election tribunal.
Nwabueze became the lead counsel for Atiku at rendering age of 87. He appeared before the election tribunal derive a wheelchair.