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Issues From The Constitution Review By Terkura Aku, Esq
As a student of government many years ago, as now, there is part of the subject devoted to constitutionalism. Constitutionalism has to do with all aspects of the constitution, starting with its definition to various constitutions we have had in the country. Students are usually taught about many variants of constitution in Nigeria, thus we see things like Mcphersons Constitution, Lylletton’s Constitution, Independence Constitution, 1979 Constitution, 1999 Constitution, etc.
What can be inferred from the foregoing is the fact that Nigeria is a developing country, still much affected by the “systolic and dystolie” movement and uncertainties of the time. Not that the country would not be better if a comprehensive constitution that would stand the test of time is produced, but the question is: how possible? Thus, as we move us, ever determined to build a better country, the imperative of constitutional reviews is an ever present possibility. Meanwhile, no constitution has ever been sent down from heaven that would be perfect and not in need of re-drafting or amendment.
We can even go on and use smaller organisations as example. Some of us belong to local or professional associations that are registered with the Corporate Affair Unit. Usually, before registration, under incorporated part of Company and Allied Matters Act, we are required to submit the constitution of the organisations of incorporated trustees type. After registration, most of these organisations still look inwards now and then. As a consequence of looking inwards, the constitutions of some of them are reviewed. This is how it come about that we have various Constitutional Review Committees.
If lesser organisations find it attractive to review, I am completely dumbfounded that Nigerians are expressing surprise that the National Assembly has set up Committees towards the review of our constitution. Furthermore, they take the hearing on that at the geopolitical regions of the country as a waste of resources.
However, on closer scrutiny, one is relieved to understand that the outcry is not against a review persee, but against the motive for the review. To this group, the review is geared towards what they call a third term. By third term, they insist that Chief Olusegun Obasanjo wants the constitution reviewed in such a way and manner as to make him qualified for another term. These people’s fear is understandable and requires only explanation and not the threading of words between those for and those against.
With what the present administration does, even doubting thomases have been convinced that it is a reforming administration. I cannot recall any aspect of our life as a nation – agriculture, banking, housing, information – that this administration has not touched in a reformatory manner. If this administration, as suggested, is also interested in constitutional reform, then it is acting typical to type and not out of vested interest as some people would have us believe.
In any case, it is not even the duty of the executive in a federation to review the constitution. Thus, if you may observe, Mr. President has not be forthcoming in making statements on that, otherwise it would mean interfering with the work of the judiciary.
All the dust being raised about constitutional review should be viewed positively. At least it signifies that Nigerians freedom to express their feelings and beliefs are respected. What would have been condemnable would be the news of this and that individual being arrested or this and that organisation being proscribed for voicing out their beliefs and political persuasions.
Most of our post independent constitutions were under the military. Some of them even identified some areas as “no-go-areas.” Even our 1999 constitution which is in use now was the product of the military. One of the expectations of Nigerians is that under a democratic government, the country, through broader participatory assembly, shall fashion out a constitution that should truly flow unequivocally from the people.
The current move to review/amend the constitution should therefore be viewed as a right step in the right direction. I have followed the Review Committee’s activities thus far, and am happy the people have been given the opportunity to participate. As it were, the third term issue has even been appeared not to be the main issue, but the peculiar needs of the people. Thus, the South Southerners are more concerned with resource control.
If you were not following the proceedings you would think, as some people want us to believe, that the only item on the agenda is “third term.” Nigeria is in crisis, not because of “third term” and its prospects, but because some group feel marginalized. The event of a review would offer this people the opportunity of voicing out their likes and dislikes, after which other things shall follow.
Let it be made clear to Nigerians that the public hearing go on is just a part of the review and cannot be the review itself. I say this because the way some people react, they have already starting equating the hearing to the review.
After the hearing and other things, before the constitution is amended on any particular point, it still requires two third agreements by the various State Houses of Assemblies. To those alleging government’s correction, it is an insult to think that a two third of the State Assemblies could be influenced. Even in the National Assembly, some Senators are against the so called Third Term, while some are in support. At last, it would not be the triumph of this or that group or even the Presidency, but the triumph of the will of the people.
Third term or no third term, constitutional review should be on-going in a young democracy like ours. What should worry us is whether the rules are followed and not the insinuation coming from people who are determined to make political gains out of any situation, however patriotic. If we argue against the present effort, we should then be saying that all is well with our country, when contrary is easily the case.
Terkura Aku, Esq
Aku & Associates, 32, Busa Buji street, Jos
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