Editorial
As Nigeria’s Constitution Is Reviewed…
To remedy the chronic flaws in the 1999 Constitution of the Federal Republic of Nigeria, the National Assembly has again initiated an amendment process. Between May and June of last year, the Senate and House of Representatives Constitution Review Committees held public hearings in Nigeria’s six geopolitical zones.
The committees, statutorily chaired by the Deputy Senate President, Ovie Omo-Agege, and the Deputy Speaker, Idris Wase, invited the public, executive and judicial bodies, traditional institutions, political parties, civil society organisations, professional bodies and others to attend and make submissions at the hearings.
During the period, some issues canvassed by Nigerians were the creation of more states, state police, devolution of powers, restructuring of the federation, electoral reforms, abrogation of immunity clause, tenure of office, financial autonomy for the judiciary, state legislature, and local governments including drafting of a brand-new Constitution.
Others are independent candidacies, the age limit for political office contestants, separation of the office of the Attorney General from the office of the Minister of Justice, Land Use Act, women inclusiveness, referendum, increase in derivation, impeachment clause, among others. However, the National Assembly has closed the voting stage for the constitutional amendment. Legislators in both Houses examined 68 constitutional alterations.
This is not the first time that legislators have undertaken the revision of the Constitution, which came into force in 1999 when democracy was restored. Since the Fifth National Assembly, the federal legislators have been making amendments. Although some modifications have been successful in the past, many others have suffered serial failures but have continued to re-appear in new proposals.
Some Nigerians had to take their protests to the National Assembly, trusting that as representatives of the people, their principal reason as lawmakers is to make laws that meet the longings and ambitions of the majority of the people. Their demands focus on electoral reforms, restructuring, state police, control of resources, national security, devolution of powers and financial autonomy of local government and the state legislature.
Sadly, the gender inclusion bills were defeated. This decision to reject the bills has been met with serious criticisms, negative reactions and even protests by members of civil society groups. The rejection once again highlighted the need to systematically call into question the systemic ills and oppression that our patriarchal society imposes on women. It is never too late for reconsideration of this bill.
Contrary to popular opinion, the National Assembly rejected the inclusion of state police in the amendment. Given the high rate of insecurity in the country, it is expedient to listen to the famous opinion of Nigerians on the establishment of state police that forms one of the cardinal ingredients in a federal system of government. However, the legislators are commended for voting for full autonomy to local government councils, the State Assembly and the Judiciary.
In addition, the Senate and the House of Representatives separately declined to adopt a bill to include value added tax (VAT) on the Exclusive Legislative List. The Federal Government, following a favourable ruling obtained by Rivers State, tried to restrict VAT to the Exclusive List. That tax is one of the indicators of true federalism. As a result, its retention in the Concurrent List is appropriate and applaudable. The provisions for immunity and life pension for principal officers of the National Assembly were similarly shot down.
There is a need to review the indigeneity provision to give greater priority to residency. The issue of indigeneity should be excluded from the Constitution and re-qualified so that those who contribute to the socio-economic development of their areas of residence should be considered as indigenous. This clause has made Nigeria virtually impossible to integrate. All Nigerians should look upon themselves as one, regardless of their ethnic origin. Emphasis should be given to citizenship.
Most importantly, the National Assembly must ensure that their work births a workable and acceptable constitution that will serve the interest of the people by allowing for true federalism, where Nigerian states are autonomous entities with the power to run their affairs. The participatory approach of federal lawmakers in amending the Constitution should produce a popular document that will address the socio-economic problems of the country.
But there are reasons for scepticism about true federalism. Almost all previous sessions of the National Assembly had undertaken similar reviews with the inclusion of fiscal federalism, with no tangible results in the exercises. The current effort on this is perhaps not different. There are fundamental deficiencies in the 1999 Constitution. The model federal state is characterised by the existence of several independent and intermediary governments with legislative, executive and judicial authorities. But the grundnorm turns this on its head.
Itse Sagay, Chairman, Presidential Advisory Committee Against Corruption and a Senior Advocate of Nigeria, rightly says, “What we have now is a unitary Constitution parading itself as a federal Constitution.” Another SAN, Afe Babalola, argues that “the 1999 Constitution is, in large measure, responsible for the problems we have in Nigeria today. The Constitution has discouraged and crippled development in the states.”
There is an obvious real and existential threat to the existence of Nigeria. It is high time we went through the document, which has some glaring shortcomings. Nigeria’s particularities require its Constitution to reflect the country’s cultural and linguistic diversity. This is more than a simple legislative review. The National Assembly, in cooperation with the state legislature, should work with all other stakeholders to redefine the country as a true federal political entity.
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Editorial
That Oshiomhole’s Call On FG’s Road Projects
There are moments in the life of a legislature when plain speaking becomes a public service. Senator Adams Oshiomhole provided such a moment on the floor of the Senate when he accused the Minister of Works, Senator David Umahi, of manifestly neglecting critical federal arteries in Edo and Delta States, and implored his colleagues to prevail on the Minister to adopt a more equitable and genuinely national approach to road infrastructure delivery. It was blunt, it was uncomfortable, and it was necessary.
The specifics of his complaint deserve restating. Drawing attention to the recent approval of some 20 new road projects despite the parlous state of existing ones, the former Edo State governor lamented that Nigerians cannot travel from Benin to Warri, Benin to Asaba, Benin to Auchi, or Auchi to Okene without encountering severe distress. He alleged a deliberate omission of these corridors from the national budget in the last three years, save for palliative interventions directed by President Bola Tinubu through tax credit arrangements. His question — “What have we done wrong?” — resonates far beyond the chambers of the National Assembly.
We lend our full and unequivocal support to that call. The Auchi-Benin Road, for instance, has been in a deplorable and near-impassable condition for several years, turning what should be a two-hour journey into an all-day ordeal of broken axles, extortionate fares, and despondent commuters. The media have, on multiple occasions, chronicled the suffering of motorists, traders, and students who ply that route. To describe it as a federal road today is to stretch the meaning of the term beyond recognition.
This pattern of sidelining is not confined to Edo or Delta. Even here in Rivers State, the disposition of the Federal Ministry of Works has left much to be desired, particularly along the Eleme axis of the East-West Road. That road, which ought to be a flagship of federal presence in the Niger Delta, has remained in a wretched state for long. Those who use it daily — workers at the Eleme Petrochemical Complex, the two refineries, Onne Port, and the countless ancillary industries — can attest to its deterioration. Work has proceeded in fits and starts without the sustained urgency such a strategic road demands.
The Eleme stretch is not a mere intra-state byway. It is the gateway to the nation’s economic jugular. According to the Federal Ministry of Works and Housing’s 2023 Highway Condition Survey, only about 35 per cent of the country’s 36,000 kilometres of federal roads are rated as being in good or fair condition, with the remainder classified as poor or very poor. The East-West Road, conceived in the 1970s to bind the entire Niger Delta, remains unfinished in critical sections more than four decades after. If it had been treated as a priority, the perennial gridlock, carnage, and economic loss on the Eleme-Refinery junction would have long been consigned to history.
The irony is as painful as it is glaring. The Niger Delta remains the goose that lays the golden eggs. Data from the Nigeria Extractive Industries Transparency Initiative [NEITI 2023 Oil and Gas Audit] show that the region still accounts for over 78 per cent of Nigeria’s federally collected export earnings and about 65 per cent of total government revenue. The National Bureau of Statistics [NBS Foreign Trade Report Q4 2024] similarly confirms that crude oil continues to dominate export receipts. By every metric of equity and economic logic, a region that sustains the national purse deserves first-rate consideration in the allocation of infrastructure, not afterthoughts and tokenism.
Road infrastructure is not largesse to be dispensed by favour; it is the skeleton upon which commerce, cohesion, and citizenship hang. When contracts are concentrated in one geopolitical zone while other zones are left to contend with craters, it erodes trust in the federation itself. The World Bank’s Nigeria Development Update [June 2023] estimated that poor transport connectivity inflates the cost of moving goods by up to 40 per cent and costs the Nigerian economy an estimated $1.5 billion annually in lost man-hours and vehicle maintenance. If we profess to be one country, then equity must be the compass that guides key institutions before any project is executed. Development must spread round, not pool in one place as though other regions do not matter.
There is also a grave security dimension that can no longer be ignored. The deplorable condition of federal roads has become a veritable enabler of criminality. The NBS Crime Experience and Security Perception Survey reported over 2.5 million incidents of kidnapping-related occurrences nationally, with transport workers identifying bad road spots as prime ambush points. When vehicles are forced to crawl at 10 kilometres per hour through failed sections at Auchi, Sapele Road, or Eleme, they become sitting ducks for armed gangs. Fixing bad roads, therefore, is not merely about convenience; it is about safeguarding lives.
By his intervention, Senator Oshiomhole has hit the nail on the head and reminded Minister Umahi of a fundamental constitutional truth: public office is held in trust. The Ministry of Works is not a personal estate where contracts are awarded according to whim or political convenience. It is a national institution funded by the collective resources of Nigerians, including the oil and gas rents from the very communities whose roads are now neglected. The Minister must demonstrate balance, transparency, and a pan-Nigerian outlook in the distribution of projects that impact the daily existence of citizens. Selective neglect breeds suspicion, and suspicion is corrosive at a time when the nation is preaching unity, oneness, equity, and justice.
Consequently, the National Assembly must go beyond rhetoric and assert its oversight powers with vigour. Sections 88 and 89 of the 1999 Constitution [as amended] empower the legislature to investigate and expose any maladministration in the execution of federal projects. If an office holder is not acting rightly, it is the duty of the Senate and the House of Representatives to call him to order. Oversight must not be reduced to budget approval ceremonies; it must translate to field verification, public hearings, and insistence that the Federal Character principle, as enshrined in Section 14(3) of the Constitution, reflects in road awards.
Let the Auchi-Okene, Benin-Warri, Benin-Asaba, and Eleme East-West gangways be restored to motorable dignity. Let priority be given to completing existing, economically vital roads before embarking on new ones. If those who, through their resources, sustain the federation are sidelined in the distribution of tangible dividends, it tells poorly of our nationhood. Bad roads must be fixed, and they must be fixed now, with fairness as the guiding standard.
Editorial
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