In search of a peoples’ Constitution

In search of a peoples’ Constitution
By Emeka Alex Duru, Group Politics Editor
“We the people of the Federal Republic of Nigeria:
Having firmly and solemnly resolved:
To live in unity and harmony as one indivisible and indissoluble sovereign nation under God and dedicated to the promotion of inter-African solidarity, world peace, international co-operation and understanding:
And to provide for a Constitution for the purpose of promoting the good government and welfare of all persons in our country on the principles of Freedom, Equality and Justice, and for the purpose of consolidating the Unity of our people:
Do Hereby Make, Enact And Give Ourselves the following Constitution,” says the preamble of the nation’s grand norm – the 1999 Constitution. But it does not seem to encapsulate the expectations of highly perceptive Nigerians, at least, going by realities on ground and expressions of dissatisfaction on some aspects of the document. Incidentally, none before it seemed to have met the people’s expectations.
And so, the search for an acceptable law has been almost endless. The current National Assembly (NASS), has in fact, commenced moves indicating a strong resolve in embarking on the course – a path that was treaded by its predecessor before it lost focus on account of the tenure elongation gambit of former President Olusegun Obasanjo.
This time around, the Senators who are in the vanguard of the exercise seem to be closing in on the aspects of the Constitution that may be tinkered with.
In that regard, the appropriate organs to tackle the matter are being put in place. For example, at the Senate Committee retreat, last week in Asaba, Delta State capital, there were conscious efforts at harmonising various views by stakeholders on ways of fashioning out an acceptable constitution for the country.
In his address at the occasion, Deputy Senate President, Ike Ekweremadu, who incidentally is the chairman of the committee, described constitution review as a continuum, stressing that his team is guided in the exercise by the principle of incremental approach. He recalled that while the last National Assembly had considered it pertinent to concentrate on areas of relative national consensus and pressing need, especially on electoral reform to pave way for improved electoral system before the 2011 elections, certain cogent suggestions by Nigerians and interest groups which could not be attended to, were carried over to the current Assembly.
The exercise, he stressed, saw his committee visiting the report of the last committee to sift matters that required immediate attention. The efforts, coupled with other considerations, he said, saw the committee articulating the contentious issues under 16 critical agenda.
These are, devolution of powers, creation of more states, recognition of the six geopolitical zones in the constitution, role for traditional rulers, local government, extracting of Land Use, NYSC Act, and Codes of Conduct from the constitution. Others are: Fiscal federalism, amendment of provisions relating to the amendment of the constitution, state creation and boundary adjustment. The essence, he said, is to remove ambiguities. Issues of immunity clause, Nigerian Police, especially if its current structure is meeting up with the challenges of insecurity, are also included in the review.
In also identifying the judiciary among the critical areas, the committee may seek to explain what constitutional reforms needed to put in place to ensure the free flow of the rivers of justice in the country. It is also expected to attend to the recurring question of the status of the executive arm of the government especially as it concerns tenure of office. It will raise posers on the term element of the executive offices.
Rotation of offices is also to be addressed. The committee will seek to ask if a constitutional provision of rotation will help stabilise the country and its component units. The issues of gender and special groups are equally listed for attention. Here, among other engagements, there will be attempts to ask if women, the physically challenged and any other special group require constitutional protection or advantage.
Mayoral status for the Federal Capital Territory Administration will also come into focus. Attempts would be made to find out if in line with similar cities all over the world, Abuja would be better off with a mayoral system, instead of semi state.
The committee would also revisit the residency and indigene provisions of the constitution. It would for instance, seek to raise the question on whether what currently obtains in Section 42 of the constitution sufficiently guarantees equality of opportunity to all Nigerians wherever they reside irrespective of tribe, language, religion, sex, state of origin, among others.
Ekweremadu noted that in course of his committee’s assignment, it had asked Nigerians to submit memoranda on the way forward. “We have received a total of One Hundred and Eight (108) memoranda in addition to fifty-six state creation requests across the six geopolitical zones,” he stated.
He admitted that the task before his committee was enormous but remained optimistic that it was not impossible. “We have the confidence and popular support of an increasingly politically aware mass of Nigerian people who are keen to see fundamental changes in various aspects of 1999 Constitution. We have the benefit of experience, precedence and already established rules of procedure. The committee has also enjoyed the goodwill, cooperation and total support of the Senate leadership and the entire Senate. Importantly, we have a steeled will to excel,” he enthused.
The Deputy Senate President assured that in going about its brief, the committee has no position on any issue, except those taken by the Nigerian people, through their input, whether through memoranda, contributions at public hearings and elected representatives and other established channels. He gave July 2013 as the deadline for the committee to tidy up its assignment.
The ovation trailing Ekweremadu’s presentation had hardly died down when Rotimi Amaechi, Rivers State governor and chairman, Nigerian Governors’ Forum, challenged the committee to ensure that it places on its table the critical issues confronting the country. These he identified as revenue generation and distribution as well as citizenship. He tasked the Federal Government to shed responsibilities and resources at its disposal, while recommending devolution of powers to the component tiers of the federation.
Delta State governor, Dr. Emmanuel Uduaghan, who toed similar path on some issues raised by Amaechi, identified shortfalls of the 1999 Constitution as including revenue allocation and over bearing letters of the document. He called for radical review of the constitution to achieve true and fiscal federation. The governor observed that 1999 Constitution was skewed in favour of the Federal Government with states appearing as appendages. He specifically called for the abrogations of the Land Use Act, Petroleum Act, which he said, have removed resources from the control of states to the Federal Government.
The governor later amplified his views in an interview with journalists. He said, “In a real federation, the states are not appendages of the centre. There is no one big man up there and then you have the small men, and then the big man will start distributing crumbs to the small men down there, which seems to be happening now. What we are saying is this, there are 36 states and a federal government, for us, we will call it 37 government. Yes, the Federal Government is bigger than the others but there are 37 government in Nigeria. And the various government should be able to manage the affairs, somehow independently, with all of us converging at the centre.
“Coming down to specifics, we are saying that as a federation, the Federal Government is taking too many things and should be confined to certain areas and let the states do a lot more than they are doing now. Why should the Federal Government go to build primary schools and healthcare centres or boreholes? We believe that the states should handle that. But in so doing, we also need to review the allocation formula.”
Senate President, David Mark, who flagged off the retreat, remarked that much as the 1999 Constitution was far from being perfect, it was a commendable effort by its framers in giving the country a sound bearing. He assured that NASS would not foist a compromised constitution on Nigerians but would not succumb to a noisy minority that may wish to have its way.
Not even the harshest critics of the current National Assembly have faulted the moves at reviewing contentious portions of the constitution. The apprehension however has been on whether the lawmakers would deliver on their promise. Pat Nwabunnia, a political scientist and public opinion analyst who spoke to our reporter, in fact, remarked that the major fear among Nigerians is how far the National Assembly would go in actualising the demanding task. “The efforts are commendable. They are in line with the yearnings of the people. My fear however is on how far they would go. We saw what happened during the Obasanjo era when he wanted to use the constitution review to smuggle in his tenure elongation agenda. Besides, our politicians are known to abandon any project no matter how important with election approaching. If they can rise beyond these fears, they can count on Nigerians in this noble enterprise,” he stressed.
His fears are not without grounds. Critics in fact recall that similar exercises had been initiated in the past with accompanying euphoria, only for them to be jettisoned midway. In fact, in the last dispensation, over hundred issues were identified as the grey areas of the present constitution that needed to be strengthened. At a point, even pro-democracy activists had suggested an arrangement that would entail injecting in the law book such clauses that would engender a restructured system that is anchored on an ideal federal structure with its attributes of fiscal and regional autonomy, resource control and equitable distribution of national wealth.
But the government of the day, due largely to the dictatorial disposition of the then President, was not quite comfortable with the recommendations. It rather pretended to play along. When however it became apparent that Obasanjo had planned to cash in on the constitution review to actualise his tenure extension project, the entire exercise was rested on a hushed tone.
Given that ugly experience, the apprehension in some informed quarters had been if the members of the current NASS would have the nerves to weather through the delicate issues involved. This fear found bearing on the antics of past regimes in frustrating moves at reviewing the constitution.
Reasons for such actions, though hardly explained, had been known to centre on attempts by each government at self-preservation. Foot soldiers of successive administrations had always ascribed to the regimes the capacity to fashioning out an encompassing constitution. This, they had unfortunately not actualised. On their own, activists had argued that government, being the major beneficiaries of the skewed arrangement, could hardly be in a place to correct the system.
They had instead suggested a Sovereign National Conference (SNC), to tackle the thorny issues that would likely crop up in the process.
Incidentally, this demand is not new. In the late 1980s, for instance, following the unclear character and intentions of the transition programmes of the General Ibrahim Babangida administration, Alao-Aka Bashorun, former President of the Nigerian Bar Association (NBA), and activists of like minds had made case for the convocation of SNC. But the government of the day stood down the proposal with a claim that two sovereigns could not exist at a time. The excuse offered by the government was hardly convincing to its critics. In fact, to them, there was more to it than met the eyes.
But with the annulment of the June 12, 1993, Presidential election presumably won by the late MKO Abiola, SNC agitation received a boost, with such groups as the National Democratic Coalition (NADECO), joining in the struggle. Expectedly, the succeeding regime of the late General Sani Abacha did not exhibit any enthusiasm for the agenda.
However, SNC proponents, including late Gani Fawehinmi, Anthony Enahoro, Beko Ransome-Kuti and Shehu Sani, among others, pushed ahead with the demand. In the process, many encountered various regimes of deprivation and in some cases outright detention. When it dawned on Abacha and his acolytes that the SNC promoters were not cowed by the government’s strong-arm tactics; he summoned a constitutional conference in 1994 to discuss Nigeria and strengthen the wobbly areas of the 1979 Constitution. But as in the preceding Babangida confab of 1988, Abacha excluded delegates from discussing such issues as the Nigerian unity and federal set up. The 1994 confab had 380 members with government nominating 94. The rest were elected through secret ballot. Even with the bulk of the membership being elected, government influence on their deliberations was overwhelming. For instance, the recommendation of the confab to the then military government to quit at a certain time was quickly reversed when it became obvious that Abacha was not amused at the pronouncement. Notwithstanding, the outcome of the gathering provided a plank for the 1999 Constitution that is currently in operation.
Efforts by the previous National Assembly (between 2003 and 2007) to improve on the law book were however hijacked by the protagonists of the Obasanjo’s infamous Third Term agenda. The question perceptive analysts have therefore been asking is how far the incumbent lawmakers can go in amending the current constitution. For one, President Goodluck Jonathan administration, still battling with huge challenge of insecurity and allegation of non-performance, may not have the capacity to tackle the myriad issues that will arise in the review exercise, it is feared. However, the assurance by the Deputy Senate President that the committee would deliver on target has remained a huge boost to those looking up to the NASS to discharge the noble duty.
History of Nigeria’s constitution and review has been fairly long. There was, for instance, the 1922 Constitution that was introduced by Sir Hugh Clifford. Ironically, Clifford who introduced the constitution expressed doubts on the ability of the Nigerian to rule his country. He rebuked the audacity of Nigerian politicians who suggested self-government as tilting to the extremes.
By 1944, the shortcomings of the Clifford Constitution, given the increasing agitation of Nigerian nationalists, led by Sir Herbert Macaulay, could no longer be swept under the carpet. On December 6, that year, Arthur Richards (Lord Milverton), the governor, put up a constitutional reform, which he hoped would guarantee Nigerians greater participation in the discussion of their affairs.
On March 5, 1945, the scheme for the new constitution was laid at the legislative council. It made provisions for the establishment of consultative bodies at the regional levels. According to Richards, the aim was “to create a political system which is itself a present advance and contains the living possibility of further orderly advance – a system within which the diverse elements may progress at varying speeds, amicably and smoothly, towards a more closely integrated economic, social and political unity, without sacrificing the principles and ideals in their divergent ways of life.”
Perceptive analysts trace the regional arrangement that existed in the country up to 1966 to the Richard’s constitution. There were other constitutional reforms, including the Macpherson Federal Constitution. The snag with it however was that it was later discovered that the regions with their wide differences in character and development could not effectively function in a close-knit federation.
Subsequent constitutional conferences in Nigeria and London led to the 1959 Constitution that ushered Nigeria to an independence status. It is yet to be known what the on-going attempts at reviewing the 1999 Constitution may give rise to. The Senate President has however assured Nigerians of a people-oriented constitution. All eyes are on NASS in this challenging enterprise.