A nation’s Constitution is the foundation of its existence. It is supposed to set the terms of our nationhood and define who we are in a manner that reflects both our common truths and highest aspirations. Our constitution falls short of this standard because the 1999 Constitution is the product of a hurried national compromise that we entered into two decades ago in order to ensure that the military returned to the barracks and that we returned to democratic government”, Femi Gbajabiamila, Speaker of the House of Representatives said as he addressed participants at the zonal public hearing on the review of the 1999 constitution by the National Assembly, earlier in the week.
While acknowledging that the same exercise had been undertaken a couple of times in the past, the Speaker said this one by the 9th National Assembly might be the most important constitutional amendment process in the nation’s recent history because the decisions that would be taken will have far-reaching consequences for the future of Nigeria.
“It was always the intention that we, will one day, as one people and one nation, return to amend this document so that it gives voice to the yearnings of the Nigerian people and sets out in clear details how we intend to achieve the shared ambitions of our nationhood.
“Providence has cast upon the 9th National Assembly the responsibility to write such a constitution for the Nigerian people”, he said.
However, as the public hearing (the zonal hearings have been concluded while the exercise at the national level has been scheduled to hold in Abuja between Thursday and Friday this week) draws to a close, it has become quite hazy as regards what Nigerians exactly want between a constitutional amendment and the writing of a brand new constitution.
Those who see nothing wrong in amending the constitution say that nothing will be lost in reviewing the document as many times as possible as far as it is impossible to get a perfect constitution at any given time, anywhere in the world. They say, therefore, irrespective of how many times this same route had been taken in the past without substantial result, the current exercise is still worth the while and deserves the full engagement of all Nigerians as long as it addresses the challenges that necessitated it in the first place.
While announcing the two-day National Public Hearing on proposals to alter the provisions of the Constitution of the Federal Republic of Nigeria 1999 at plenary last Tuesday, the Senate President, Ahmad Lawan expressed satisfaction with the conduct of the exercise across the six geo-political zones of the country and urged Nigerians to seize the opportunity to freely express themselves with a view to refurbishing the document to serve them better. “(And) in fact, the report we received has shown that, in all the centres, the public hearings were quite successful.
“I want to also appeal to Nigerians to take the opportunity of the national public hearing that will start on Thursday (yesterday).
“This is an effort that the National Assembly, particularly the Senate, is attached to. “we believe that we must do whatever is necessary to provide a platform for Nigerians to air their views, give their positions and canvass for whatever they feel would make our country better, and make governance more efficient and successful.
“We have no pre-conceived positions on anything and, therefore, this is the time for our citizens to take the opportunity”, Lawan said.
Addressing the Public Hearing by the Senate in the South-South zone in Port Harcourt last week, the Rivers State Governor, Chief Nyesom Wike spoke in favour of the effort at amending the constitution but pointed out that the success of the exercise was dependent on sincerity of purpose ad commitment to correcting the fundamental challenges that have caused deep cracks to the foundation of the country.
Speaking through Dr Ipalibo Harry Banigo, his deputy, Chief Wike said even though some others believe otherwise, he was of the opinion that the exercise was a welcome one “since we already have a constitution that we have practised for over 20 years, which shortcomings can be corrected through amendments”.
According to him, “The truth is that whether new or old, what Nigerians need is a constitution that approximates the collective aspirations of all Nigerians to live in a country that is free, fair and just to all component parts. Nigerians need a constitution that will give them a true sense of belonging, secure and advance their well-being and enable their children to aspire to actualize their potentials for any office without discrimination”.
He emphasised that “No one is deceived that the present constitution alienates minority societies, justifies the provocative expropriation of the people’s resources and gives greater resources to a gluttonous Federal Government to the detriment of the states and local government areas.
“There is no way ordinary Nigerians will strive and prosper under a constitution that overburdens a nebulous Federal Government with too many socio-economic tasks and responsibilities beyond its capacity and competence to deliver”.
Conversely, groups like the Southern and Middle Belt Leaders Forum are of the view that what the country needs at this point in time is a brand new constitution, that will issue from a fresh National Dialogue involving all ethnic nationalities and stakeholder groups in the Nigerian project.
In a communique issued at the end of its meeting jointly signed by Chief Edwin Clark, Chief Ayo Adobanjo of Afenifere, Prof George Obiozor, President General of Ohanaeze Ndigbo, Dr Pogu Bitrus, National President of Middle Belt Forum and Senator Emmanuel Essien, National Chairman, Pan Niger Delta forum (PANDEF), the group urged the Federal Government to heed the nationwide call for a transparent National Dialogue, “And take urgent steps towards restructuring and birthing a new constitution to bring back equitable harmony to the country”.
They said “We insist that it is imperative to immediately restructure the country considering the precarious prevailing atmosphere before any further elections”, beginning with the forthcoming 2023 general polls.
Addressing a press conference in Port Harcourt, the Rivers State capital on Wednesday, this week, the Civil Rights Council (CRC), a civil society organisation, described the ongoing constitution review exercise as a jamboree and a waste of tax payer’s money and urged President Muhammadu Buhari to implement previous amendments instead.\
The National Coordinator of the group, Barr Arochukwu Paul Ogbonna said since the return of democracy in 1999, successive governments had convened various constitutional conferences and constitution amendment exercises that had come out with recommendations but had lacked the political will to implement them.
The CRC insisted that the solution to the problems of the country laid in a referendum and the making of a totally new constitution initiated by Nigerians and acceptable to all the socio-political, religious and cultural constituents but in the interim, challenged the present administration to muster the requisite “political will and courage to implement already preferred solutions contained in previous conference reports instead of allowing the nation to go round in circles in a journey to nowhere of seasonal constitutional amendments. that way, we must have solved one problem and also tackled the culture of constitutional amendments, corruption and bad politics that goes with it”.
Notwithstanding the arguments for amendment of the 1999 Constitution or the working of a fresh document, what is of utmost importance to Nigerians is the fundamental alteration of the present consitution to give the people a new lease of life and a fresh and sustainable outlook to the structure of the country that all Nigerians will be proud to belong to in peace, prosperity and contentment.
As Governor Wike noted: “It is only the blind that may not see that Nigeria is headed for a dangerous precipice, (and) unless something urgent and drastic is done to correct the identified flaws in both our constitution and the nature of federal system that has been foisted on this country for so long.
“The contending issues are not new, they have been raised, identified and debated at several fora and platforms over and over by almost every social group, association and ethnicity in this country”.
The onus is now on the National Assembly to save this country by endsuring that this exercise is thorough, comprehensive and far reaching enough to inspire hope in Nigerians for a more inclusive, just, fair and equitable country.
There can be no greater service for Ahmad Lawan and Femi Gbajabiamila to render to Nigeria and Nigerians.

By: Opaka Dokubo