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Who Is Afraid Of Constitutional Amendment? Matters Arising. By Eugene. Uzum Esq
The constitution remains the bedrock of democracy in any Nation where democracy is practiced. Today the amendment of the 1999 constitution of the Federal Republic of Nigeria has taken the center stage in the country’s polity. Traditionally, constitutional review is a democratic process, which allows for an appraisal of the constitution. This process entrenches workable, applicable, acceptable and enforceable provisions into the constitution, and provisions that have outlived their relevance are expunged. This process injects people oriented laws for the overall development of a state.
In the spirit of untainted patriotism, I strongly believe that there is a strong desire for an amendment of the 1999 constitution. This is borne out of the quest by Nigerians to be equal stakeholders in the Nigerian project. Today some quarters believe that a review of the 1999 constitution is all about extending the tenure of the present administration, which to them is an aberration. There are strong indications that anti-constitutional review mongers will definitely attempt to frustrate calls for constitutional amendment thereby sacrificing the merits of constitutional review in the alter of pedestal parochial interest.
The social political situation in Nigeria and agitations by Nigerians in Diaspora for good governance makes it imperative that the 1999 constitution be reviewed. The 1999 constitution is silent on a lot of substantial issues and in some cases the constitution is ambiguous. For the peaceful coexistence of the Nigerian project, the system cannot work in a vacuum. So where they are no laws on an issue, we must make one for ourselves. A burning issue that remains constitutionally not clear is the geo-political zones, what are the constitutionally recognized geo-political zones? Is it North and South or South South, South East, Southwest, North Central, Northeast, and Northwest with equal number of states? A clear-cut analysis must be made and entrenched into our constitution for better understanding. Another contentious issue is that of true federalism, what are the federating units? Is it the states or the geo-political zones?
On the immunity clause, there are agitations that it should be expunged from the 1999 constitution, we must look at the dangers of such extraction and come out with a workable arrangement. The limits of the immunity clause requires some clarity if that provision is not expunged from to the constitution. The recent case of former governor of Bayelsa State has led to a constitutional quagmire in Nigeria. Although the British authority ruled that the former Chief Executive of Bayelsa State had no immunity in England, some international law experts in Nigeria maintain that such immunity extends beyond the shores of Nigerian jurisdiction and it is arguable. Unfortunately, the State Governors in Nigeria have not challenged the extent of the application of the immunity clause and this is fundamental to the constitution therefore it is trite that we need a constitutional pronouncement and subsequently a judicial precedent on this issue. Power rotation or equalization, its application and practicability are in dire need for a constitutional backup. Can the principle of power rotation be entrenched fully into our constitution or be left as a political party affair? In the light of the above and many other positions being canvassed, the need for constitutional amendment cannot be overemphasized. Other contentious issues like resource control, derivation formula, etc need to be addressed.
Anti-constitutional review organizations should look beyond the personal interest of intending political office seekers and put the interest of the Nation first. Political review and subsequent amendment of the constitution should not be viewed only as an avenue to elongate the tenure of the present administration. The review of the 1999 constitution should be disassociated from extension of tenure of the president. The Northern Unity Forum, Northern Senators Forum, Movement 2007 and other bodies opposed to the 3rd term speculation of the president must understand the difference between a genuine quest for good governance through the amendment of the 1999 constitution and political power tussle about who gets what, when and why.
EUGENE. UZUM ESQ NIGERIAN REFORMERS ACADEMY LEEDS, UNITED KINGDOM.
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