Editorial
Constitution Review: What Do Nigerians Want?
The Constitution of the Federal Republic of Nigeria may be up for review again next year, about a year after the last review, if reports from the National Assembly are true. Already, issues to be reviewed have been identified, and the question is by whom and why?
The defects in the 1999 constitution have become rather too obvious to ignore. Operators of the system all too often come against road blocks created by the constitution. Clearly, review is the way to go, but Nigeria should do a thorough job of it and save the country the annual ritual of constitution review.
But this will not happen until the political leaders decide to involve the people in the changes that must be made in the constitution. Afterall, it is about the people. It is even moreso because Nigeria professes to be a democratic state where the interest of the people should come first and last.
Over the years, the validity of the 1999 constitution has been an issue because of the apparent fallacies that gave legs to it. Being a construction of the military, many Nigerians still believe that it is a fraud for the opening words of the constitution to bear the obvious falsehood, “WE the people…”.
Time has also shown that the constitution may not have been intended to deliver good governance to Nigerians. Apart from the many democratic deficits in the document, the 1999 constitution has become a perfect recipe for chaos and national underdevelopment.
In realisation of these facts, many Nigerians have repeatedly called for a Sovereign National Conference. Indeed, one was almost convened, but failed over a few areas of disagreement. The fact is that Nigerians agreed on nearly everything, except on few issues like fiscal Federalism among others.
If Nigeria had gone ahead to adopt all the areas of agreement, a lot of miles would have been covered in the nation’s march towards unity and development. Clearly, the current reviews would have been used only to address those areas of disagreement to make the constitution a true reflection of the view of the people of Nigeria.
But if for fear of anything the people would not be brought together for a Sovereign National Conference, they should at least be involved in every attempt to review the constitution. Politicians should not assume that they know what the people want. On the contrary, it is this tendency to over-control the people that could endanger everything.
We have witnessed some other countries go to referendum and come out better. The issues that should be changed in the constitution can actually be taken to the people via a referendum. This is a tested and proven process in most democracies.
If well handled, such a referendum would open the space for the ordinary Nigerian to participate in politics, governance and law-making in a way never seen. It will also rivet to the consciousness of both the leader and the led, the basic ideals of democracy that need to grow in our system.
Political leaders of the day may be passionate about single tenure and the devolution of more powers to the states, their interest needs to tally with or be complemented by that of the people. Nigerians are about the smartest people on earth and taking their views into account would be a blessing any day.
Instead of opening the way to conflicts, condemnations and abuses, the present government should open the way to quality dialogue; contribution to governance and openness. On issues of constitution review, the professional groups, members of the civil society and the various arms of the public services should be encouraged to participate.
Perhaps, when that is done, Nigerians would have been assisted to agree on some of the seemingly harmless details in the constitution. Although, the issue of electoral reform was taken on in the last review, many Nigerians believe some work still needs to be done. Of course, whether Nigeria should continue with the presidential system of governance still comes up.
People still call for the removal of power supply from the exclusive list of the government at the centre; they call for the review of Land Use Decree, the Petroleum Act among others. Currently, many groups are agitated and have even protested openly. All are issues that a proper review of the constitution can address.
Nigeria is too blessed and positioned for the kind of things that beset her. Nigeria cannot continue to clip her wings with provisions of the 1999 constitution that set out to legitimize the dominance of sections of the country by the other. Let us set Nigeria free by making the people participate.
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