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MIKE ODIEGWU writes that the passage of the Bayelsa State Flag, Coat of Arms and Anthem Bill 2012 has thrown up questions on its implications for Nigeria’s sovereignty

The Bayelsa State House of Assembly last Tuesday passed an executive bill granting the state the legal backing to formulate its anthem, hoist its flag and own its coat of arms. The bill entitled: Bayelsa State Flag, Coat of Arms and Anthem Bill 2012, was sponsored by the Leader of the House, Dr. Sam Akpe. The lawmakers unanimously passed the bill without much ado.

Akpe described the bill as timely and argued that it was in line with the moves by Governor Seriake Dickson, to restore and give the state a unique identity. “As Bayelsans, we have come of age to be proud of where we come from as the only homogeneous Ijaw state. The bill when signed into law will be awakening our pride and honour reflected by the flag with a colour that is peculiar to our identity as a people,” he had said.

There is no doubt that Dickson will soon sign the bill into law since it originated from his cabinet. A day before the bill was passed, the cabinet was in a meeting where the decision was taken to rebrand the state. Dickson and his aides ruled that it was high time the government repositioned the state to represent the interest of the balkanized Ijaw nation.

But before the bill gets the assent of the governor, politically conscious observers are concerned about the legality of the action of the government. Is this singular act not an affront to the sovereignty, constitutionality and independence of Nigeria? Is there a tacit plan for the Ijaws to seek for self-determination from the Nigeria state?

A constitutional lawyer and human rights activist, Mr. Oghenejabor Ikimi, says there is nothing improper in the action of the state government. Ikimi who is based in Warri, Delta State, postulates that there is no aspect of the constitution that forbids a state from owning its coat of arms, flag and anthem.

Describing it as a welcome development, Ikimi who is the convener of the Forum for Defence of Justice and Human Rights, implored other states to toe the same path.

He said, “Let me first and foremost congratulate the members of the Bayelsa House of Assembly for their wise decision to pass into law the executive bill for the state flag, state anthem and the state coat of arms and their courage in asserting their right as a state. We call on other states of the federation yet to have their own flag, anthem and coat of arms to borrow a leaf from Bayelsa State.

“The legal implication of the above law is that Bayelsa has truly come of age as a state within the Nigeria Federation. Under a federal system of government, component states are allowed to have their own flag, coat of arms and anthem except printing their own currency or owning their own armed forces.

“For instance, during state engagements instead of playing the national anthem, a state can play its own anthem or display its coat of arms and flag on state owned building and institutions. It is a welcome decision and the state has not run foul of the law.”

Also, the former state Chairman, Nigerian Bar Association, Mr. Stanley Damabide, argued that it was constitutional for a state to have its unique symbols. According to him, Cap 13 law of the Anthem, Coat of Arms and Flag Act of the Federal Republic of Nigeria, makes a provision for states within the federation to have theirs.

“Constitutionally, issues of flag and coat of arms are not in the exclusive list. It falls under the residual list and it means states can legislate on it. The action of the state is allowed by our laws and does not in any way contravene the federal law. Our law justifies states having their symbols and flags. It does not affect the substance and oneness of the Federal Republic of Nigeria”, he said.

Similarly, the state government says there is no ulterior motive in its decision. The Chief Press Secretary to the Governor, Mr. Iworiso-Markson, maintains that it is borne out of the desire to propagate the culture, values and customs of the Ijaw nation and give the state a sense of identity. According to him, the emblems will be put to use immediately Dickson signs the bill into law.

“This decision also underscores government’s belief that this state, like any other state, is where the Ijaws, the fourth largest ethnic nationality, has as its home. Bayelsa is home to all Ijaws both at home and abroad.  The emblem therefore, will help to serve as a unifying force and rallying point for all our people. 

“It says a lot about the preservation of our culture, our essential values as a people and as a race.  These are the qualities that distinguish us and make us who we are – proud, great people of the Ijaw nation. There is therefore, a need to project our culture and uniqueness as a people. There is the need to preserve our values and pass them on as part of our heritage.

“More importantly, as a government, we view the decision to launch the state-own emblem, as critical to our development and it matches our drive to project Bayelsa as a world-class tourist destination, the new frontier for eco-tourism and an investment haven,” he adds.

He further argues that the development is not peculiar to the state, citing Lagos, Oyo, Osun, Ondo, Ogun and Ekiti states as examples. “The point must however, be made clear that the step taken by our government to announce the proposed launch of a state owned flag, anthem and coat of arms is not in any way different from what other states in the federation have done.

“It is common knowledge that virtually all the states in the southwestern region such as Lagos, Oyo, Osun, Ondo, Ogun and Ekiti states — have since launched theirs. The most recent was the North Central state of Kwara. In the South-South, Cross River and Rivers State are the only two states in the region that have embraced this noble concept. But none of these states elevated their quest for identity symbol like Bayelsa, which did it through legislation.

“We believe that Bayelsa being the only state that can be considered as the home state of the Ijaw race deserves to blaze this trail than any other state in the federation, given its uniqueness. This much is true because of the emphasis we place on the propagation of the Ijaw ideals and what we stand for as a people- the Ijaw ideology”, he maintains.

 The state chapter of the Action Congress of Nigeria however says the state of President Goodluck Jonathan has simply imitated what other ACN states did in the South-West. The party’s Publicity Secretary, Mr. Christopher Abarowei, said the move has further given credence to ACN as a pacesetter in the country.

 “It is a welcome development as far as it is not at variance with the constitution and it is not done to undermine national integration. If states like Lagos, Oyo, Ogun and Cross River can have coat of arms, flags and anthem without undermining national security, Bayelsans should be given an opportunity to express their identity,” he said.

Also supporting the move, Senior Advocate of Nigeria, Prof. Itse Sagay, said Bayelsa State as a unit of the Federation has the right to a level of autonomy and unique identity.

“I don’t see why not. We are a federation and each state has the right to a certain level of autonomy and identity. The flag, the anthem and the coat of arms are merely an implementation of that right. That does not stop the state from recognizing the national flag, which must fly everywhere,” he said.