It is over two weeks we witnessed the frictional responses that trailed the move by the Senate to review the nation’s constitution.
The ninth Upper chamber of the National Assembly lead by Senate President, Ahmed Lawan, has constituted a 56-member panel made up of seven principal officers as a steering committee for the constitution review, with a senator each from the 36 states and two each representing the six geopolitical zones.
The membership of the constitution review panel has the deputy senate president, Ovie Omo-Agege as the chairman of the steering committee. Other members include the seven principal officers of the senate namely; Senate Leader, Abdullahi Yahaya; Robbert Borroffice; Sabi Abdullahi; Senate Minority Leader, Enyinnaya Abaribe; Emmanuel Bwacha; Philip Aduda; and Sabi Yau.
However, a matter of importance was raised by the Young Progressive Party (YPP) Senator Ifeanyi Uba, who raised an observation that his party was not taken into account knowing that the YPP is the third in the Senate after the All Progressives Congress (APC) and the People’s Democratic Party (PDP). He said…
“We have three political parties in the Senate, APC, PDP and YPP. There was no mention of my political party in the constitutional review committee and I feel it may be an oversight. You should consider my party because we are here on our own, I am here for my party caucus just like every other senator.”
In response to YPP objection, the Senate President, Ahmed Lawan replied and said…
“Because you have come under order 43, this is for our information. The membership is not strictly based on political parties. In the beginning, I said each state would be represented by a senator each and then each geopolitical zone would have zonal representation. So it is not based on political parties but your point of order is well taken.”
The General Perception of Nigerians To Review Our Constitution
Considering the formation of the Constitution Review Panel, many are of the opinion that it is a step in the right direction, but what is not clear to many is if this panel will live up to expectation and get this done within an appreciable time frame.
The question is, is this another jamboree or this will be the realization of one of the most anticipated expectations of Nigerians?
The Senate did not give the starting and end date for this noble task. Though the items of the constitution earmarked for review are quite known. The concerns and issues are clear. What we do not know is if this will get the agreement and support of the majority.
Anyways, please bear in mind that for as long as we do not embrace a constitution review, we pave way for a retrogressive democracy, a totally disjointed entity and not too long from now, we will have no country to call our own.
We need to prioritize the state of the Nigeria nation, her fragility, potentials and more importantly, her survival.
The Clamour for a True Federalism And Attendant History
Federalism has been present in Nigeria since the former British colony, it was reorganized into a federation of three regions in 1946. However, regionalism was introduced to the Nigeria system by the Richards Constitution.
Hence, Federalism is a system of government in which governmental powers that exists in a country are shared between central government and component regional governments. It is also defined as the system of government in which governmental powers are shared between the central government, i.e. the federal government and its components (state and local government).
Nigeria Federalism needs to be reworked, rejigged, and redesigned to mirror mutual objectives and reaffirmed the unity in our diversities.
The impetus for a constitution review is the war against our defective 1999 Constitution, which has continued to elicit error against itself with the statement: “We the People…” The hazardous statement of lies dumped on us by the military and it has continued to tear down the already weak fabrics of the Nigeria nation.
The failing state being experienced now is a function of a very badly constructed constitution that does not guarantee the collective existence of Nigerians and likely present the premise for a final failed state.
It is worthy of note that the planned review with anticipated alteration, addition or amendment is expected to reflect and enshrine “true” federalism. If this is not achieved, the efforts would have been in vain. It would have amounted to a colossal waste of time, energy, resources and public expectation.
In the recent past, we have had some reviews not worthy to be compared with the optimism of the bigger picture. Let us pay attention to some controversial items that have been in contention for a long time, one is restructuring, which could herald devolution or decentralisation of powers and national unity.
Unfortunately, the planned progress to federalism is often been ignored and sacrificed on the altar of ethnicity, religion, shared suspicion and politics of hostility.
The talks on the Sovereign National Conference (SNC) has faded into oblivion. The parliament is asserting itself as the representative umbrella with taproots across the nooks and crannies of the country and a substitute to a new national conference – Emmanuel Oladesu
Is it possible for us to live as one Nigeria? If the answer is Yes, let us then find the answer for the ‘how’… True Federalism! That “how” remains the most important question to answer. The answer will form the basis of our togetherness and the kind of constitution that should regulate “voluntary marriage”.
Government is a continuum! when federalism was banished barely six years after independence in 1966, the government after governments have failed to change the narrative, to correct the mistakes in the constitution. A bigger mistake is the pervading feeling that the skewed federal structure should be left because of its advantage to some section of the country.
Recall that President Muhammadu Buhari’s predecessor, Dr Goodluck Jonathan, displayed the same inconsistency. He set up a National Conference whose report he was not courageous to implement. Another cause for worries!
The Buhari administration is however not different judging by the ‘Go-Slow’ body language and his silent responses to issues and especially to constitutional reforms.
The subsisting argument is that, if the presidency is determined and the National Assembly is serious, the Mallam Nosiru el-Rufai-led All Progressives Congress (APC) Committee on Restructuring can actually be the guide to a new dawn.
Getting The Job Done, Moving Nigeria Forward
In moving forward, the Omo-Agege Committee should probe why previous panels on review and amendment have failed. The Omo-Agege Panel has access to bundles of proposals on constitutional reforms.
“They will still have to resolve issues around revenue allocation and resource control, the Land Use Act, Petroleum Act, the adoption of six-zone structure, reforms of electoral laws, fiscal federalism, and the abolition of what described as ‘federal absolutism,’ particularly in the operation of the police, census, mineral resources, labour, trade and industrial relations, registration of business names, electric power”.Prof. Itsey Sagay (SAN)said.
In the quote of Prof.Dipo Kolawole…
“a federation of an excessively strong central government, supposedly partnered by ridiculously weak 36 states with a Federal Capital Territory, supported by obviously ineffective 774 local governments. All other 801 governments combined are weaker than the Central Government.”
Also, let us debate what should be the new sharing formula among federal, state and local governments that will reflect their share of constitutional responsibilities?
The review committee will have to contend with the agitation for local government autonomy. Is the local government the third tier in Nigeria? Are they not administrative units created by states for ease of administration at the grassroots?
Why should they have direct revenue sourcing from the Federal Government? What remains of the state when local governments are taken away?
Why should councils be listed in the constitution? Why should the Senate retain the power of listing?
When and if this is developed into a bill, will President Buhari has the courage to assent to the bills?
