Between Kutigi’s Confab And Uwais Report

The Honourable Justice Idris Kutigi led-National Conference, masterminded by the erstwhile administration of President Goodluck Jonathan and inaugurated on Monday, March 17,  2014 was concluded amidst high hopes from all quarters, despite the huge amounts allocated to the confab.
Most people overlooked the huge financial implications on account of salient issues the conference resolutely earmarked to determine. Expectedly, critical long-standing issues particularly socio-political and ethno-religious problems triggered torrid disagreements, albeit afterward determined.
Overall, 492 delegates selected across the nation congregated in the seat of power to untangle the hitherto no-go areas in the system. Ridiculously, every ethnic group represented cried wolf over the same object; ‘marginalization’, perhaps, to espouse the phrase that attack is the best defensive game. Nonetheless, the confab provided opportunity, at least, to discuss as neighboring communities, but it was economically a faux pas.
Obviously, the multitude of the hand-picked delegates lacked requisite legitimacy to embark on such exercise since the duty is restrictedly vested in the elected lawmakers. Sadly, too, participants were contentedly shortsighted with making resolutions and overlooked its implementation vis-à-vis the legal regime.
For instance, Section 4(1) of the 1999 Constitution of the Federal Republic of Nigeria unambiguously provides that; “the legislative powers of the Federal Republic of Nigeria shall be vested in a National Assembly for the federation, which shall consist of a Senate and House of Representatives”.
The  section also outlines the legislative procedures for making laws, and is so stringent that any actions even by the legislators that is inconsistent with the laid down procedures for making laws is invalid.
Regrettably, most of the confab delegates believably knew that such usurpation of powers through handpicking of delegates devoid of any legal criteria would amount to nullity. Even while the confab lasted, the legislature explicitly distanced itself from the exercise. Still, the delegates never considered it imperative to strategize on how to push forward its resolutions to the National Assembly, either by mobilizing the people to mandate their elected representatives or lobby the lawmakers themselves.
For emphasis, federal laws are, in a democracy, made through prescribed processes by the National Assembly, except delegated legislations by statutory bodies. Under no circumstances can a body not recognized in law like the Kutigi-led confab make valid laws for the federation. Unfortunately, the participants hailed the exercise and tagged it a success despite its fundamental drift from legislative processes.
Eventually, after the presidential election alongside inauguration, it dawned on the people that the government had no legal capacity to implement it, nor political will to push it for legislative process in sync with the constitution.
The bitter truth is that under democratic arrangement, the Executive cannot implement such confab report except to sponsor it as executive bills which will still be at the mercy of the nation’s lawmakers. To call the exercise a success by mere deliberations with litany of resolutions is the height of absurdities and narrow-mindedness because the Executive statutorily lacks powers to implement it without due passage by the National Assembly.
The best action any sincere government would judiciously take in the overall interest of the nation remains to press strongly for legislative passage of the earlier Hon. Justice Mohammed Lawal Uwais-led 22-man Electoral Reform report of 2008 which was altruistically spearheaded by late ex-President, Alhaji Umaru Musa Yar’Adua. To abandon the Uwais report which has the capacity of correcting the nation’s weak foundation and ipso facto fix the right people in leadership positions remains the greatest injustice to the country.
Most likely, late ex-President Yar’Adua’s spirit may not be resting perfectly in peace over the political murder of his electoral reform that suggests the easiest way out of Nigeria’s gargantuan problems.
A well-structured electoral system remains the sine qua non to urgent national revolution. Until such a brilliant report is implemented, the helpless masses will continue to watch the usual home movies in government, particularly in the legislative arm, knowing that no president, irrespective of political will, can do much in the midst of a pathetic, unskilled and narcissistic extra-large legislature.
The burden now shifts to President Muhammadu Buhari to expeditiously revisit the Justice Lawal Uwais report for implementation as a distinctive way to ending the nation’s political problems.
Umegboro, a public affairs analyst, lives in Abuja.

Carl Umegboro