The President of the Federal Republic of Nigeria, Alhaji Muhammadu Buhari, was reported recently to have said that the problem with Nigeria today was not the restructuring of the polity but "the process". I respectfully and profoundly disagree with him.

Over the years, I have argued that a National Conference would be unnecessary if the National Assembly could address five constitutional issues in the 1999 constitution and restore instead the provisions as contained in the 1963 constitution. The issues are:

1. Principle of 50% allocation to the state of origin of the proceeds of royalty received by the Federation in respect of minerals extracted in that state, and also 50% of mining rents derived from the state of origin as provided in the 1963 constitution.

2. Besides section 7 of the constitution which enshrines a democratically elected local government system under a law by a State House of Assembly, all references to local government should be expunged from the 1999 constitution. Local governments or "Provincial Administrations" as they were called were a function enshrined in the 1963 regional constitutions. There was no reference to "Provincial Administrations" in the Constitution of the Federation. It has always been à state matter or function in all our constitutions or orders-in-council since 1900 on the proclamation of the two protectorates.

3. Return to a "Federal" Judicial system as in the 1963 constitution instead of the centralized system in the 1999 constitution.

4. Restoration of independent candidature in our electoral process instead of the party dictatorship enshrined in the 1999 (just as in the 1979) constitution.

5. Section 6 (6) (d) of the 1999 constitution (as in the 1979 constitution) which protects army rule since January 1966 should be expunged from the constitution.

My position on those issues remain unchanged.

In the past year however, I have examined all our previous constitutions since 1922 in greater detail than ever before. And I have come to the irresistible conclusion that the year 1979 was when Nigeria ceased to be a Federation, and a unitary system of government was forced or imposed on the country. This calls for a review of the constitution instead of cosmetic constitutional changes by the National Assembly.

Chapter IX of the 1963 constitution (which was in force till 30th September 1979) dealt with Finance. It was in two parts: Part 1 dealt with the Public Funds of the Federation, and Part 2 with the Allocation of revenue. Part 2 of that chapter which provided for 50% allocation of revenue" to the region or state of origin was expunged from the 1979 constitution. Under the 1979 constitution, "all revenues or other moneys" raised or received by the Federation "shall be paid into and form one consolidated Revenue Fund of the Federation", including "mineral royalties and mining rents", and be called Federation Account. It was the National Assembly that decided what amount of the Federation Account went to the States and Local Governments. The 1999 constitution similarly concentrates financial power in the Federal Government. All that explains why State Governors queue up will begging bowls at Abuja periodically for doles.

Besides the issues raised in our critique of the 1999 constitution in my book "Engaging with History", there are residual powers exclusive to the State Governments which the Federal Government has either stolen completely from the States or invaded and made concurrent.

The powers of the Federal Government have increased since 1979, are increasing at the expense of the States, and ought to diminish.

We have placed some emphasis on the 1979 constitution in this treatise because the Constitution of the Federal Republic of Nigeria, 1999 is a carbon copy of the 1979 constitution. Like its predecessor, the 1999 constitution is "federal" only in name...