Calls to write a new constitution for the country have refused to abate since the 1999 Constitution became operational at the onset of the 4th Republic. Advocates hold strongly that what the country needs is a brand-new autochthonous constitution fashioned in a Constituent Assembly of representatives of ethnic nationalities and other critical segments that make up the federation.
They argue that the 1999 Constitution was packaged and imposed by the military, and no amount of piecemeal amendment will deliver a constitution that addresses fundamental issues of fiscal federalism, power devolution, social and physical security, among others, for the people in their homelands.
Proponents also decry the crisis of lopsidedness and inequalities foisted since 1967, when the 1963 republican constitution was abrogated. They insist that a new constitution will put the country on a reset.
At the 13th Convocation Lecture of Afe Babalola University, Ado Ekiti, Senior Advocate of Nigeria, Chief Wole Olanipekun argued that the 1999 Constitution was a military imposition and lacks the consent of the people. To him, the National Assembly should pause action on the ongoing constitutional amendment to pave the way for an overhaul. He blamed the 1999 Constitution for overconcentration of power at the centre, and the emasculation of the federating states, a situation that has perpetuated inequalities and arbitrariness in the polity.
Former Minister of Education and chief executive of Human Capital Africa, Dr Oby Ezekwesili, at a forum in Abeokuta, Ogun State, also advocated a new constitution as a panacea to correct inherent imbalances in the system.
To her: “The ongoing constitutional amendment cannot work; it cannot address our problem. It is a charade and a sheer waste of resources. The demand for a new constitution is a matter of life and death. We must have a constitutional conference that enables the people of this country to have honest conversations around things that will make us progress and make Nigeria work for all of us.”
Former Foreign Affairs Minister, Major-General Ike Nwachukwu (rtd), also canvassed that the 1999 Constitution has failed to address fundamental challenges in the country. He said: “So, what we need now is a genuinely negotiated constitution that will reflect the aspirations of our diverse ethnic nationalities, just as our forefathers negotiated and agreed upon at independence and in the immediate post-independence.” He wants a situation where states have control over their resources and develop at their own pace in accordance with their priorities.
The Patriots, the conclave of eminent Nigerians, has also been vehement in the call for a new constitution. In their last visit to President Bola Tinubu at the State House, Abuja, the leader of the group and former Commonwealth Secretary-General, Chief Emeka Anayoku, appealed to him to send an executive bill to the National Assembly to convene a national constituent assembly, with a mandate to produce a draft democratic constitution for Nigerians.
Opponents of a brand-new constitution think the demand for a separate constituent assembly side by side an elected legislature is a constitutional incongruity. They are resolved that it is better to concentrate efforts to make the current Constitution work better, rather than seek to disrupt the existing framework and political structures. Also, there are fears in certain quarters that drafting a new constitution might disrupt the status quo and privileges it confers on groups, and could reawaken decades-old animosities and suspicions.
We believe and state that conversations aimed at strengthening the constitution for the purposes of achieving true federalism are well-meaning and must be heard. We admit there are challenges inherent in the demand for a new constitution while an elected government is in operation with a legislature in place. The 1999 Constitution has a detailed procedure for its amendment at Section 9, without provision for a referendum. There is the bother with how to, for instance, manage a transition from one constitution to another; some say it could be chaotic. However, countries have transitioned from older constitutions via a seamless referendum.
We are of the view that the task of nation-building is a work in progress, and we mustn’t foreclose possibilities of renewal and recalibration. As a country, we cannot perpetually close our doors to constitutional reforms that hold the key to growth and progress.
Let Nigerians be open-minded as we seek answers to questions around constitutionalism and good governance. There’s no point denying the foundational and fundamental aberrations peculiar to our federation. The unending strife and security challenges across the country, as well as threats to its continued survival, point to ingrained inefficiency in the system. We mustn’t be scared to deal with matters as they arise. Constituent units of any modern society own the inalienable right to decide how they exist and with whom.
We urge President Tinubu to act with speed and make this federation work for all. If need be, there are enough recommendations to assemble from previous constitutional debates, which are not only richly representative in composition but also very far-reaching in their resolutions.
Federalism is the answer to our constitutional questions!
