1

The Nigerian Constitution: The Concept of Nation as a Floating Signifier

By

Stephen B. Clark
Copyright 2009

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission.

2 Abstract This paper aims to recognise subjective context of the identity and national identity ideologies significant to the concept of nation and further examining the key aspects of the Nigerian constitution with provisions relating to the concept of a nation that attempt to determine the democratic political system, ensure liberty through equity and facilitate justice through equality.

3 The Federal Republic of Nigeria currently constitutes of 36 states with a population of 149,229,0901 made of people from different ethnic groups with distinct cultures who speak different languages. Nigeria, geo-politically is divided into north, south, east and west composed of more than 250 ethnic groups; the following are the most populous and politically influential: Hausa and Fulani 29%, Yoruba 21%, Igbo (Ibo) 18%, Ijaw 10%, Kanuri 4%, Ibibio 3.5%, Tiv 2.5%2. Politics in regional countries have been over time been dominated by characteristics of various human groups having racial, religious, linguistic and certain other traits overtly different. Nigerian politics is no different, at the crux of its politics and at every other level where overtly different traits can be established it is antagonistic, any ideology portraying it is any different is a fantasy. A capacious perspective of an individuals identity varies from gender to geo -political concepts; however, definitively deduce that identity is the distinct personality of an individual regarded as persisting entity. Hence, subjective context of identity comprise of from an individual being male or female within a region or place of birth to the class structure born into at a specific period in time. There are some subjective contexts of identity, however variant from one individual to another interfuse as individuals interact and are contextualised in wider subjective context of national identity. National identity involves some sense of political community3 consisting of shared gender, territory, and heritage or social class subjective context of identity that transcend individual identities. A political community implies some common institutions and a single code of rights and duties for all the members of the community.4 Esoteric political communities may posses a definite social space, a fairly well demarcated and bounded territory, with which the members identify and to which they feel the belong5, however congeries of esoteric political communities transcend onto exoteric political communities unified by a wider perception varying from gender to geo-political concepts. To establish the concept of national identity amongst members of exoteric political communities there must exist incontrovertible territorial boundaries or territorial history shared in conformity with
1 2

CIA Factbook, https://www.cia.gov/library/publications/the-world-factbook/geos/ni.html#People ibid 3 Anthony D Smith, National Identity, Penguin books, 1991,p9 4 Anthony D Smith, National Identity, Penguin books, 1991,p9 5 Anthony D Smith, National Identity, Penguin books, 1991,p9

4 myths, values, language, cultural affinities, and members bound by common legal rights and duties that must be pertinent to that political community. Therefore, national identity in its distinctive modern sense is an identity, which derives from membership in a people, the fundamental characteristic of which is that defined nation.6

A nation thus consists of a stratified national population within a sovereign territory uniquely bound by subjective context of identity varying from gender, social or geopolitical contexts, yet conforming to shared myths, values, language, cultural affinities, common legal rights, and duties amongst its members. An anthropological definition of nation is that: it is an imagined political community and imagined as both inherently limited and sovereign.7 Irrespective of shared subjective context of identity, a nation can be regarded as imagined because members never really know or meet the entirety of fellow-members yet in the minds of each minds of each lives the image of their communion.8 Furthermore, nations are limited because beyond its finite boundaries lie other nations and sovereign because free of the divinely ordained or hierarchical dynastic realm; imagined as a community, because, regardless of the actual inequality and exploitation that may prevail in each, the nation is always conceived as a deep, horizontal comradeship.9

Chief Obafemi Awolowo, the first premier of Western Nigeria and a highly recognised nationalist, wrote in his Path to Nigerian Freedom that; Nigeria is not a nation; it is a mere geographical expressionthe word Nigeria is merely a distinctive appellation to distinguish those who live within the boundaries of Nigeria from those who do not.10 In Smiths assertion nations last an indefinitely long time, only their degree of selfawareness and activism varies over time.11 The degree of Awolowos perception of Nigeria as a nation is limited to subjective context of identity based on territorial
6

Liah Greenfield, Types of European Nationalism, p165, Nationalism, John Hutchinson & Anthony D. smith (eds), Oxford University Press, 1994 7 Benedict Anderson, Imagined Communities, revised edition, Verso 1991, p6-7 8 Benedict Anderson, Imagined Communities, revised edition, Verso 1991, p6-7 9 Benedict Anderson, Imagined Communities, revised edition, Verso 1991, p6-7 10 Toyin Falola (ed), Nigerian History, Politics and Affairs, The Collected essays of Adiele Afigbo, Africa World Press, Inc., 2005, p240 11 Anthony D Smith, National Identity, Penguin books, 1991, p44

5 boundaries or history, it is pertinent to note that in the very antagonistic words of this nationalist, a population is recognised living within a sovereign boundary. That population would consist of individuals with shared subjective context of identity collectively identified as a People within a sovereign territory which is a start as we examine collective subjective context of a nation in relation to the efficacy of the democratic imaginary amongst members. In view of this we attempt decipher the obstinate national question, is Nigeria a nation?

The national question is a democratic question because it is about social and political liberation of a people12 rhetorically however; intrinsically it is about the avoidance of disaggregation of exoteric political communities. The plurality of Nigeria and its subsequent composition of diverse groups provide dividing lines from which antagonism overlays between socialization as nationals, political relations and the legitimate structure codifying the nation. Agreeably, the national question in whatever context should involve the search for an effective formula for integrating diverse units of a highly heterogeneous society, with a view to creating a sense of belonging and cohesion, borne out of equity in the inter-relationships of such affiliations in all facets of life 13 hence the federal character ideology. The federal character ideology consist of the legal and constitutional structure of the Nigerian federation; the number and inter-relationships of its constituent members; the allocation of powers and functions amongst them; and other tangible matters usually spelt out in the legal terms of a constitution which designated courts pronounce binding opinions for dispute between parties.14

The written constitution of the Federal Republic of Nigeria provides a single code of legal rights and duties for all the members of the community. Notable commentators have emphasized that the nation is convinced that it is composed of different People and the need to forge cohesion among these People has been the underlying question in all
12

Abubakar Momoh, The philosophy and Theory of the National question, p26, The National Question in Nigeria, Abubakar Momoh and Said Adejumobi (eds) , Ashgate, 2002 13 Unyierie Angela Idem, Language and the National Question, p192, The National Question in Nigeria, Abubakar Momoh and Said Adejumobi (eds) , Ashgate, 2002 14 Toyin Falola (ed), Nigerian History, Politics and Affairs, The Collected essays of Adiele Afigbo, Africa World Press, Inc., 2005, p423

6 constitution-making efforts.15 However, it is important that the process of constitution making especially for a plural society like Nigeria should be seen as a political, rather than strictly a legal or technical issue.16 The democratic structure of a nation consists of political relations, social relations, maintained and protected by the constitution vis--vis the democratic structure should adopt constitutionalism to ensure the efficacy of the constitution. The revised 1999 constitution aims to guarantee the rule of law, adequately provide protection for its citizens collective rights while attempting to integrate all units of a highly heterogeneous society and uphold a renewed commitment to constitutionalism in its provisions. The revised constitution established the supremacy of the constitution, its binding force on the authorities and persons within its sovereign boundaries 17 where such persons are further bound by duty to respect the dignity of other citizens and the rights and legitimate interests of others and live in unity and harmony and in the spirit of common brotherhood.18

The democratic polity of Nigeria is determined by the emergence of collective subjective context of identity within esoteric political communities, and antagonisms, as these collective subjective contexts of identity transcend onto exoteric political communities. That transition predetermines the efficacy of the democratic imaginary. The subjective context of identity perception amongst the stratified national population that members are members of a nation according to Weber vary greatly, just as the empirical conduct that actually results from affiliation or lack of it with a nation. 19 Members affiliation with a nation would hinge on the nation providing repertoires of shared values, traditions and by the use of symbols such as flags, coinage, anthems, uniforms, monuments and ceremonies members are reminded of their common heritage and cultural kinship and feel strengthened and exalted by their sense of common identity and belonging.20 The

15

Unyierie Angela Idem, Language and the National Question, p184, The National Question in Nigeria, Abubakar Momoh and Said Adejumobi (eds) , Ashgate, 2002 16 Said Adejumobi and Abubakar Momoh, Conclusion: The question in Comparative Perspectives, p250, The National Question in Nigeria, Abubakar Momoh and Said Adejumobi (eds) , Ashgate, 2002 17 Constitution of the Federal Republic of Nigeria 1999, Chapter 1, Part 1, S.1(1) 18 ibid Chapter 2, S.24 19 Max Weber, The Nation, Section 1, p24, Nationalism, John Hutchinson and Anthony D.Smith (eds), Oxford University Press, 1994 20 Anthony D Smith, National Identity, Penguin books, 1991, p16-17

7 constitution unequivocally provides that its ideals, institutions, the National Flag, the National Flag, the National Anthem, the National Pledge, and legitimate authorities be respected.21 Nigeria, from its independence has had a unique flag, national anthem, and set of uniforms for its law enforcement however there has been antagonisms over emblems on coinage, monuments, and ceremonies not representing the diversity of the nation. Such antagonisms have over time not been sufficient to subvert the socio-political fabric of exoteric communities, furthermore bound by the constitution limits have been set to such antagonism. The use of shared symbols that do not vary across communities is a subjective context of identity that has been the bedrock for socialization of the People as citizens fostering deep horizontal comradeship amongst members collectively reminded of their common heritage et al, save for the subjective context of legitimate authorities. Suffice to say directs positive response to the question of being a nation.

Let us now examine existence of incontrovertible territorial boundaries or territorial history. In Part 1 Section 2 (1) (2) and (3) the constitution provides that Nigeria is one indivisible and indissoluble sovereign state to be known by the name of the Federal Republic of Nigeria, a Federation consisting of 36 States and a Federal Capital Territory. Following on from our discussions on subjective context of a nation, sovereign boundaries determine a geographical context of a nation and beyond its finite boundaries lay other nations however members perception of belonging to this demarcated and bounded territory is further influenced by subjective contexts of membership affiliation. Amongst the collective states of the Federation, varied subjective context of identity originating from territorial history within esoteric political communities sets the pace of antagonistic perceptions of belonging to a nation. The constitution provides that its sovereign territory is indivisible yet the democratic imaginary vitiates shared subjective contexts of territorial unity inter alia essential for affiliation or lack of it with a nation. Members of esoteric political communities with shared territorial history where conditions of subordination determine antagonism within the community transcend onto exoteric political communities subjective context of identity that predetermine
21

ibid Chapter 2, S.24 (a)

8 antagonistic limits to existing subordination. Inherently members of esoteric political communities share common subjective context of self-preservation hence perceptions of individual membership in a nation are first determined by territorial history and interests.

Conflicting interpretation of territorial national identifiers have in the past led to secessionist attempts notably the Nigerian civil war or the Biafran war from 1967 to 1970. At this point, it is discursive to examine cultural affinities enshrining reasons for belief that one represents a nation, the constitution provides the composition of the government of the federation or any of its agencies, and conduct of its affairs should ensure no predominance of persons from a few ethnic or other sectional groups. 22 The dividing line between the provision of the constitution and the socio-political situation in reality, traces back to subjective context of self-preservation as it overlays subjective context of territorial identity. Furthermore economical conditions for antagonism stem from the belief that, nations underwrite the quest for control over territorial resources, including manpower; and politically, the selection of political personnel, the regulation of political conduct, and the election of governments are grounded in criteria of national interest, which is presumed to reflect the national will and national identity of the inclusive population.23 The struggle for dominance by esoteric political communities comprised of members with shared subjective context of identity such as territorial history and cultural affinities within exoteric political communities at the expense of continued subordination of members of esoteric communities comprised of members with shared subjective context of identity such as territorial history and cultural affinities also provides conditions for antagonism.

All Nigerian constitutions since independence recognise both individual and collective rights; however, collective rights are not given to ethnic groups but to communities or the state.24 Again, we examine aforementioned subjective context of identity determining affiliation or not to a nation such as territorial history and cultural affinity within political
22 23

ibid Chapter 2, S.14 (3) Anthony D Smith, National Identity, Penguin books, 1991, p16 24 Abubakar Momoh, The philosophy and Theory of the National question , p22, The National Question in Nigeria, Abubakar Momoh and Said Adejumobi (eds) , Ashgate, 2002

9 communities. States are defined by boundaries within which esoteric communities exist consisting of members with shared subjective context of identity; collective rights allocated to these communities invariably are distributed amongst members of dominant ethnic groups within the community. The fabric of established ethnic groups is interwoven between shared myths, values, language, and tradition of a People within a region. As previously noted, members conforming to shared myths, values, language and tradition is essential inter alia to the context of a nation. The constitution provides the composition of a State government among other institutions should recognise the diversity of the people25 while national integration is ensured through the prohibition of discrimination on grounds linguistic association or ties.26 Again, we look into the composition of political communities, representatives identified by members of a political community with shared myths or values, language, or traditions are selected based on the hegemonic stance of the ethnic group within the constituent. Hence, the quality of the democratic process of selection of political personnel, the regulation of political conduct and the election of governments is predetermined by antagonism within esoteric political communities and the struggle for hegemony within exoteric political communities adversely influenced by dominant subjective context of identity shared by members. These communities drawn from multiethnic communities or State invariably through the democratic process elects representatives to government of the federation or its agencies, composition of which depends on the quota allocated to each State. Representatives from States with shared ethnic signifiers eventually dominate the conduct of the government of the federation or any of its agencies based on perceptions enshrined from their political communities. Members perception in a nation intrinsically is influenced on interest represented in government in the quest for recognition and resource allocation.

Lets us examine further members affiliation or lack of it with a nation continuing within the ambit of conforming to shared myths, values, language, cultural affinities. The

25 26

ibid Chapter 2, S.14 (4) ibid Chapter 2, S.15 (2)

10 constitution also establishes that the National Assembly27 to which the legislative powers are vested upon28 in the process of its duties adopts the English, Hausa, Ibo and Yoruba languages as its lingua franca. The choice of three languages of three ethno linguistic groups who happen to occupy certain colonially demarcated regions of the country out of almost 400 languages of other ethno-linguistic groups as symbols of national identity is a gross misrepresentation and misconception of what constitutes national identity. 29 The coterminous sense of political community to which a member belongs would vary from a superior perception of being part of exoteric political communities with a recognised language in the legislative structure to the inferior perception of being part of esoteric political communities without a recognised language in the legislative structure. The business of a House of Assembly30 is conducted in English, but has the flexibility of one or more languages approved by resolution31 thereby fostering more conditions the struggle for hegemony between esoteric political communities to have a say in State legislation. Existing subordination of esoteric political communities comprised of minorities at the State level is re-articulated on the Federal as oppression with the power of the National Assembly to prevail upon State legislation.32

The subjective context of the word democracy determines to an adverse effect the Peoples affiliation or lack of it with a nation. We have established that the democratic imaginary is ensured by the constitution vis--vis the democratic imaginary should ensure the efficacy of the constitution. The constitution provides rights to freedom of thought, conscience, religion,33 and entitlement to freedom of expression, hold opinions, receive and impact ideas and information without interference34 to enable members participate as nationals or citizens in the governance of the nation. Gender perception of membership in
27

Consists of a Senate and a House of Representatives (Chapter V, Part 1, S.47) with a distribution of three Senators from each of the thirty-six States and one from the Federal Capital Territory (Chapter V, Part 1, S.48) and three hundred and sixty Representatives of constituencies (Chapter V, Part 1, S.49) 28 ibid Chapter 1, Part II, S.4(1) 29 Unyierie Angela Idem, Language and the National Question, p192, The National Question in Nigeria, Abubakar Momoh and Said Adejumobi (eds) , Ashgate, 2002 30 ibid Chapter 1, Part II, S.4 (6), The legislative powers of a State of the Federation shall be vested in the House of Assembly of the State 31 ibid Chapter 5, Part II S.97 32 ibid Chapter 1, Part II, S.4 (5) 33 ibid Chapter 4, S.38 (1) 34 ibid Chapter 4, S.39 (1)

11 a People transcends across political communities and participation of all citizens in the democratic process is ensured by the constitution. At this point we address the issue of citizenship, in the wordings of the constitution, citizenship is acquired either by jus sanguinis
35

registration36 or by naturalisation37 irrespective of being male or female;

however, participation in any democratic process is restricted on citizens by registration or naturalisation within the period of 10 years of such grant.38 A multiparty system determines the political machinery39, controlling40 the democratic society with the Peoples Democratic Party (PDP), Alliance for Democracy (AD) and All Nigeria Peoples Party (ANPP) contending for hegemony. Participation in governance is determined first by membership in a political party and secondly, dominance of a party through the number and/or position of elected representatives in government. On federal and State level qualification for positions in government inter alia is based on recognition as belonging to the middle age class41 or acquisition of a prescribed minimum level of formal education42 also membership and sponsorship of a political party.43 Furthermore, the constitution provides equality of rights, obligations, and opportunities before the law44 and remuneration without discrimination on account of sex45. The constitution also provides freedom to assemble, associate with others and unrestricted membership in any legitimate association(s) in pursuance of interests.46

35 36

ibid Chapter 3, S.25 ibid Chapter 2, S.26 37 ibid Chapter 2, S.27 38 ibid Chapter 8, Part II, S.307 39 No association, other than a political party, shall canvas for votes.(ibid Chapter 6, Part III, S.221) 40 ..a political party includes any association whose activities include canvassing for votes in support of a candidate for the election of the office of President, Vice-President, Governor, Deputy Governor or membership of a legislative house or of a local government council (ibid Chapter 6, Part III, S.229) 41 ibid Chapter 5, Part I, S.65 (1)(a) 42 ibid Chapter 5, Part I, S.65 (2)(a) 43 ibid Chapter 5, Part I, S.65 (2)(b) 44 ibid Chapter 2, S.2 (a) 45 ibid Chapter 2, S.3 (e) 46 ibid Chapter 4, S.40

12 Again, we look into the democratically elected legislative structure; control the House of Assembly47 of a State and the National Assembly by ethnic majorities predetermines constitutionalism and allocation of resources. Members of exoteric political communities with majority seats in the legislative structure inherently foster interests of the ethnic group that they represent. For example, the power logic by the dominant groups are: (i) for the Niger-Delta and oil producing minority it is oil exploitation and environmental degradation ;( ii) for the Igbo it is marginalisation;(iii) for the Hausa-Fulani it is uneven development;(iv) for the minorities of the north it is internal colonialism; and (v) for the Yoruba it is power exclusion.48 Legislative policies by any of these dominant groups would tend to align with its power logic. The belief in a nation is thus influenced adversely by affinity of members of esoteric political communities to the dominant group(s) occupying what should be the democratic space for self-preservation. Members affiliation or lack of it with a nation is also subject to the subjective context of common laws and duties and its integrity. Having established the supremacy of the constitution within its sovereign boundaries, we must now examine its equitable provision of a single code of legal rights and duties and its efficacy to ensure liberty through equity and facilitate justice through equality. The Nigerian constitution provides fundamental rights such as freedom of movement and residence49 and conditional right to life.50 The constitution also provides protection to personal liberty51 amongst other fundamental rights. Smith52 comments that a peculiarly Western conception of the nation is a community of people obeying the same laws and institutions within a given territory.53 The integrity of the constitution providing the same laws and institutions across political communities is debased with the constitution establishing two tiers of

47

Consists of three or four times the number of seats which that state has in the National Assembly (Chapter 5, Part II, S.91) 48 Abubakar Momoh, The philosophy and Theory of the National question , p24, The National Question in Nigeria, Abubakar Momoh and Said Adejumobi (eds) , Ashgate, 2002 49 ibid Chapter 4, S.41 50 Every person has a right to life...save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty(ibid Chapter 4, S.33 (1)) 51 ibid Chapter 4, S.35 (1) 52 Anthony D Smith, National Identity, Penguin books, 1991 53 Anthony D Smith, National Identity, Penguin books, 1991,p9

13 judicial powers54 even in the Federal Capital Territory55; these judicial powers provide legitimate institutions where reciprocal legal rights and duties are protected under civil law or Sharia law56. The practice (often by the divinely ordained) of a law underpinning religious tenet among States of a Federation ironically takes us back to the constitutional provision prohibiting adoption of a State religion57 and the national question. Hypothetically an individual who migrates from a State of civil law practice to that of Sharia law practice stands the risk of deprivation of prescribed liberties of civil law not protected under the adopted State law and if legal representation is required 58 the guarantee of fair hearing59 constricted by conflicting circumstances inter alia being a woman in a Sharia court.

The mechanism of the democratic process of law making is also questionable. At the State level of law making, laws are enacted by the House of Assembly60 through the passing of a bill61 to the State Governor for assent62 or by two-thirds majority63 if assent is withheld.64 The House of Assembly is also entrenched with powers to investigate65 conduct of any person or institution66 executing or administering its laws67 and ensure that while laws are enacted within its legislative competence, defects in existing laws are corrected.68 On the Federal level of law making, the power of the National Assembly to make laws is also exercised by the passing of bills69 and presented to the President for

54

The judicial powers of the Federation shall be vested in courts..established for the Fe deration (ibid Chapter 1, Part II, S.6 (1)) and the judicial powers of a State shall be vested in courts..established .for a State (ibid Chapter 1, Part II, S.6 (2)) 55 the Sharia Court of Appeal of the Federal Capital Territory, Abuja(ibid Chapter 1, P art II, S.6 (5) (f)); .the Customary Court of Appeal of the Federal Capital Territory, Abuja( (ibid Chapter 1, Part II, S.6 (5) (h)) 56 The code of law based on the Koran 57 ibid Chapter 1, Part II, S.10 58 ibid Chapter 4, S.36 (6)(c) 59 ibid Chapter 4, S.36 (4) 60 ibid Chapter 5, Part II, S.100 (1) 61 ibid Chapter 5, Part II, S.100 (2) 62 ibid Chapter 5, Part II, S.100 (3) 63 ibid Chapter 5, Part II, S.100 (5) 64 ibid Chapter 5, Part II, S.100 (4) 65 ibid Chapter 5, Part II, S.128 (1) 66 ibid Chapter 5, Part II, S.128 (1)(b) 67 ibid Chapter 5, Part II, S.128 (1) (b) (i) 68 ibid Chapter 5, Part II, S.128 (2) (a) 69 ibid Chapter 5, S.58 (1) & (2)

14 assent70 or by two-thirds majority71 if assent is withheld.72 The National Assembly is also entrenched with powers to investigate73conduct of any person or institution74 executing or administering its laws.75 Two-third majority required for law making decisions in both the House of Assembly and the National Assembly does not ensure interest equality of all political communities are represented mainly because it is carried out by available members of the National assembly76 or available members of the House of Assembly77 who may or may not represent all interests.

The identified problem with the perception of national identity signifiers in the Nigerian constitution is the structures, processes, and contexts on which the constitution is rooted and expected to perform or function.78 The existence of a nation within a large territorial region consisting of diverse ethnic groups, must have a democratic space provision within the constitution seen through signifiers which transcend from one individual in any given political community to that of another political community, protected by legitimate structures and institutions. This would ensure citizens within a nation have first above all, a true sense of general will within a specific region due to shared concrete signifiers rather than harmonized signifiers of diverse ethnic groups.

In conclusion, a hypothetical answer to the question of Nigeria being a nation would depend on the standpoint of view. From the subjective context of identity, interpretation of floating signifiers of an imagined nation would vary amongst members of political communities. Composition of political communities in turn would vary upon interpretation of floating signifiers subjective to attainment of attainment of absolute
70 71

ibid Chapter 5, S.58 (3) ibid Chapter 5, S.58 (5) 72 .where a bill is presented to the President for assent, he shall within thirty days thereof signify that he assents or that he withholds assent (ibid Chapter 5, S.58 (4)) 73 ibid Chapter 5, S.88 (1) 74 ibid Chapter 5, S.88 (1)(b) 75 ibid Chapter 5, S.88 (1) (b)(i) 76 The quorum of the Senate and/or of the House of Representatives shall be one-third of all the members of the Legislative House concerned or one-third of all members of both Houses (ibid Chapter 5, Part I, S.54 (1) & (2)) 77 The quorum of the House of Assembly shall be one-third of all the members of the House (ibid Chapter 5, Part II, S.96 (1)) 78 Abubakar Momoh, The philosophy and Theory of the National question, p21, The National Question in Nigeria, Abubakar Momoh and Said Adejumobi (eds) , Ashgate, 2002

15 political rights, economic equality and liberation from continued subordination or its further adversity by hegemonic polity. Antagonisms exist at all levels of Nigerias sociopolitical communities due to the very nature of its plural society. The need for change to the existing democratic structure through the emergence of collective identity sharing floating signifiers of antagonism of the interpretation of Nigeria being a nation. This change would create a new foundation of democracy where individual members of a stratified population within a sovereign territory interpret the word democracy itself as a floating signifier, with antagonism arising from resistance against subordination or oppression. The obscurity of its interpretation creates an indeterminable political space, redefining how the democratic imaginary is protected and maintained by a restructured constitution or absence of one.

16

Bibliography 1. 2. 3. CIA Factbook, https://www.cia.gov/library/publications/the-world-factbook/geos/ni.html#People Smith, Anthony D. (Anthony David), 1939- National identity. - London : Penguin Books, 1991 Nationalism / edited by John Hutchinson and Anthony D. Smith . - Oxford : Oxford University Press, 1994 4. Benedict Anderson, Imagined Communities, revised edition, Verso 1991 Anderson, Benedict, 1936- Imagined communities: reflections on the origin and spread of nationalism; - Rev. and extended ed. - London : Verso, 1991 5. Afigbo, A. E. (Adiele Eberechukwu) Nigerian history, politics and affairs : the collected essays of Adiele Afigbo, Toyin Falola (ed), - Trenton, N.J. : Africa World Press, Inc., 2005 6. The national question in Nigeria: comparative perspectives / edited by Abubakar Momoh and Said Adejumobi. - Aldershot : Ashgate, 2002 7. 8. Constitution of the Federal Republic of Nigeria 1999 Laclau, Ernesto and Chantal Mouffe, Hegemony and socialist strategy : towards a radical democratic politics. - 2nd ed . - London : Verso, 2001 . 9. Smith, Anthony D Nationalism and modernism : a critical survey of recent theories of nations . New York : Routledge, 1998 10. The Free Dictionary by Farlex, http://www.thefreedictionary.com