More than one year after the present House of Representatives was put in place, it last week formally inaugurated its special committee for the review of the 1999 Constitution (as amended). JOSHUA EGBODO writes on the task ahead of the panel
Past experiences
History of attempts at alteration of the Nigerian constitution since the return of democratic governance in 1999 has shown that the exercise usually faces a lot of challenges, with some ending completely as a waste of time and material resources.
So when the current assembly (9th) of the House of Representatives officially set out for the exercise last Thursday, it was all messages of caution over the seemingly daunting task before the Deputy Speaker Ahmed Idris Wase-led committee.
Assurances
Speaker of the House, Hon. Femi Gbajabiamila in his remarks before inaugurating the committee justified the new move by stating that the work of drafting the constitution of a free republic is never finished. “As our country continues to grow, adapting to new realities and overcoming challenges, the laws that govern us must also change.
“It is in a bid to achieve for ourselves and our children, a more perfect nation, that we gather every so often to review the constitution of the Federal Republic of Nigeria. First to identify those areas where the laws of our land have not lived up to expectation, and then to act expeditiously and conscientiously to fix whatever gaps may exist and address any concerns that may arise.
“We are commencing this constitutional review process at a time of great and ongoing upheaval in our country. New challenges emerge daily from every corner. Some of these challenges are of our own making, and others, we could not have foreseen or been prepared for. Whichever may be the case, the Nigerian people look up to us as a government to proffer solutions that work, to do the heavy lifting of writing a new constitution, one better suited to our current aspirations and reflecting our vision of the future,” the Reps Speaker said.
Current state of the nation
Both Gbajabiamila and his deputy, Ahmed Idris Wase in their separate remarks admitted that the country was truly in a battle for survival mode. “When you ask me what the state of our nation is, the honest answer is this: we are in a fight for the very survival of our country and the continuation of the Nigerian project. Recent global developments have exposed all our systemic weaknesses so that we can no longer pretend to ourselves that things are on an even keel and slow progress is enough to get us to where we ought to be yet are still so far away from”, he said, adding that the current assembly of the House has since committed to the cause of reform.
“Our commitment must neither waver nor wane on the matter of thoughtful and fair overhaul of our nation’s constitution. The reality of our current circumstances, and the now certain knowledge that only us can save ourselves imposes on us an obligation to act with greater determination and all the urgency this moment calls for.
“Over the last week, thousands of our nation’s young people have been on streets day and night protesting the inhumane and brutal abuses of human rights by the Nigeria Police Force, particularly the Special Anti-Robbery Squad (SARS). In addition to whatever other changes that may be caused by these protests, they have exposed the stinking underbelly of our nation’s policing system so that we now understand better why our federal police is often unable to effectively respond to the localised manifestations of insecurity across the different parts of our country. The simple truth is that we have a police that doesn’t have the trust of the people, and a policing system that doesn’t make for productive partnerships between the police and the communities they serve….
“Overcoming our overwhelming national security challenges now requires us all to be willing to accept new approaches and consider novel ideas. Neither the security institutions nor political leaders can afford to hold on too tightly to a status quo whose frustrating limitations are painfully evident, whilst reflexively rejecting innovations that may improve our fortunes if properly implemented”.
Committee’s intended focus
Chairman of the special Ad hoc committee for the constitution review, who doubles as deputy speaker of the House, Wase while giving an address of welcome at the inaugural event provided insights into some specific areas to which the committee would be directing its focus. Prior to the inauguration, not less than 15 amendment proposals were already referred to the panel, after scaling second reading as in-house members’ sponsored Bills.
Wase emphasized that a vast majority of Nigerians consider the 1999 constitution a product of military exigency, and that the reference to ‘We the people’ in the constitution does not truly represent them.
According to him, in spite of alteration attempts in the past, agitations for a much more fundamental amendment have not stopped. “This is because there are very critical aspects of our Constitution that touch on our continued existence as a strong, indivisible nation. Until these critical areas are resolved, we may continue to face clamour for a new Constitution”, Wase stated.
He further said that for the needed successes to be recorded in this current exercise, “there are pertinent areas that must be looked into. These are burning issues that have been left to burn for so long without giving them the much needed attention”.
The Federal Structure (True Federalism), Local Government Autonomy, State Policing, State Creation and Judicial Autonomy, were named as some burning issues that needed to be urgently addressed through the exercise.
Electoral Reform
Also added to these was Speaker Gbajabiamila’s suggestion for further reforms in the nation’s electoral process. “The ongoing evolution of our nation’s democracy requires that we continually review and update the rules of our engagement. Every election season exposes significant gaps in the process that if left unaddressed, threaten our democracy. Electoral reforms are not a party-political issue, they are a matter of loyalty to an ideal that is greater than the party to which one belongs to, or the personal ambitions we may each hold. Electoral reforms are a matter of our nation’s future, and the process of setting out systems and protocols for managing how we choose our leaders and representatives begins with the Constitution. We must keep this in mind as we begin this process”, he tasked the panel.
Avoiding pitfalls
Independent analysts, as well as speakers at the inauguration have pointed out certain pitfalls that may pose against wide acceptability of the final outcome of the exercise. For instance, in the words of Prof. Auwalu Yadudu, the committee must be conscious of timing as it delivers its final report. To him, experience has shown that if such is too close to an election year, political reasons and suspicions may be read into every little thing, thereby jeopardizing the entire exercise.
Also delivering the day’s lecture on the theme; “Prospects And Challenges Before The 9th House Of Representatives: Fulfilling Citizens Expectations And The Imperatives For The Review Of The Nigerian Constitution”, a renowned Professor of law, Dakas CJ Dakas (SAN), outlined some concerns and the needed caution expected of the committee.
Dakas noted that in the course of the exercise, both chambers of “the National Assembly has the responsibility of inspiring confidence in Nigerians why they embark on the review process”, ensuring that the outcome justifies the citizens’ expectations.
He further tasked members of the committee to widely harvest the views of their constituents, by leveraging on the good sides of the social media, and to also work in synergy with state Houses of Assembly from the onset, as doing so would put all in a one page approach to the exercise.
“Ensure you do not allow the manipulation of religion and ethnicity….the two weapons of mass destruction of Nigeria, ensure not to be driven by personality course, or hidden agenda, or parochial interests. Look beyond loyalty to political parties, and put Nigeria’s interest first”, the university urged the committee as it embarked on the review process.
High expectations
As usual, Nigerians’ expectations are high on the expected outcome so the burden is on the panel to do justice on its mandates. And Speaker Femi Gbajabiamila in his speech summarized the expectations thus; “I do not envy the enormous amount of work you have in front of you. However, I know you have an abundant capacity to execute this important assignment and deliver on our joint commitments to the Nigerian people.”
