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The emerging constitution

The ongoing constitution amendment process being embarked upon by the National Assembly has taken off in earnest. If media reports are anything to go by, the nation is expected to have a new presentable constitution by July 2013. With strong backing of the present administration of President Goodluck Jonathan, both the Senate and the House of Representatives, after devising less controversial means of gathering useful information, opinions and views from Nigerians, which include: political, professional and interest groups as well as students, market women and leaders of thoughts. 

Already, lawmakers have commenced public hearing and wide consultations across the states and will soon advance to regional levels. So far, the response has been impressive and commendable. But from some reports, it appears a few people are still not satisfied with the process and exercise. To us, this is worrisome. 

For a 52 years old nation with 250 different ethnic languages, a history of a disastrous civil war whose images and memories are still haunting, chequered military interruptions in democratic polity and a largely distrusted democratic system, Nigerians agreed that amendment of Nigeria’s constitution was long overdue.

Indeed, there are burning issues requiring urgent national attention. The first point is that the 1999 Constitution is regarded as a military constitution. Several provisions in the constitution do not reflect the wishes of the people, who say that the constitution is not a product of wide consultation. For example, the issues of fiscal federalism and federal structure of the country have been questioned by sections of the country with some persons calling for a sovereign national conference to discuss the Nigerian question. Others include state and local governments’ creation. 

The current security situation of the country where some people are killed on account of their religion and/or ethnicity has further strengthened calls for the amendment of the constitution. Also, many are advocating for the establishment of state police and security structure, but the idea is equally opposed by those who think that the country’s democracy is not yet ripe for such, and fear that it can easily be manipulated by ambitious politicians. 

Attempts were made in the past to amend the constitution in the present dispensation but they did not succeed. For example, the sixth National Assembly failed in its attempt to review the 1999 Constitution owing to mundane issue of who should lead the joint Senate and House constitution amendment committee between the speaker of the House and the senate president. 

Earlier in the second tenure of former President Olusegun Obasanjo, the constitution amendment bill sent to the National Assembly for onward consideration suffered a major setback. The bill did not sail through because the process was thoroughly politicised, marred by putrefying allegations of corruption in order to unduly influence certain portions of the bill to please the incumbent executive. Obasanjo was accused of introducing a suspicious clause to pave way for what was widely publicised as his ‘third term agenda’. On the basis of this political factor, the entire amendment bill was thrown overboard by the lawmakers following hi-tech manoeuvrings.

Like any major issue of national interest, the exercise has been attracting a lot of mixed reactions and expectations. For example, would the new constitution address the critical issues raised above, including: making our laws flexible enough for a civilian administration to create new states, the issue of citizenship and indigeneship, among several others? 


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