The Constitution Amendments We Need

By

Monima Daminabo,

monidams@yahoo.co.uk

It is not out of place that in a multi-faceted nation like Nigeria, the practice of governance shall feature an unending spate of twists and turns in the fortunes of the citizenry. This derives from the widely contrasting features of the geography, history, culture and other circumstances of the constituent parts of the country.

Just as the weather in Ilela in Sokoto State or Maigateri in Kano State is different from that of Damblo in Rivers State or Ilaje in Lagos, so the world views of the people in these locations manifest some patent differences. Just as well are their cultures and other traditions also not mere clones of each other.

That is where a Constitution enjoys relevance in the context of providing a community with a government that unifies it and provides it with the needed impetus to grow. Such impetus necessarily needs to derive from the aggregation of the capabilities and energies of the entire citizenry. Without doubt, this expectation is more relevant in a democracy, like ours. This is also why the constitution enjoys the prominence and attention it presently gets, in our democracy.

Essentially the Constitution is a system for governance which establishes the rules and principles that determine who does or gets what, within the territorial expanse of a nation. It therefore provides for the authoritative allocation of powers, duties, resources among others, to all the constituents of a polity. Ironically for Nigeria, the peculiar circumstances of its political history have made the prospects of a constitution-driven government an ‘oddity’ of sorts rather than the norm. This could not have been otherwise given that a greater span of its life as a sovereign, independent nation featured military rule rather than democratically elected government. The nation can be likened therefore to an adult learning new tricks in old age, even when such remains the proper way to go. As many Nigerians will easily advance, perhaps the most cited weaknesses of the democratic dispensation derive from the present 1999 Constitution, on which the fourth Republic is based. Its weaknesses as observed widely, include the incongruity associated with its preamble, which claims that “we the people…” whereas it was a group of individuals who were handpicked by the military to concoct the recipe, which was then foisted on the entire citizenry. Other areas that have attracted widespread calls for amendment are understandably legion. To confirm this situation is the recent avalanche of petitions from virtually all parts of the country that have inundated the National Assembly, each calling for one amendment or the other. After all what else would one expect in a season of advocacy for change to our constitution? However while all the petitions enjoy some merit in varying degrees, it is yet to be established, how many of them have called for the “mother of all amendments” to the constitution, which is the establishment of fiscal autonomy for the legislature at the three tiers of governance. Given the preponderance of self seeking interests that feature in most of the petitions, it will not be surprising that only a minority with bother to address the central challenge of Nigeria's democracy, which is fiscal autonomy for the legislature. Yet in all right thinking, hardly will any other issue be more appropriate to address at this material time, than the issue of fiscal autonomy for the legislature at all tiers of governance. The imperative of fiscal autonomy for the legislature derives from several considerations, each of which draws legitimacy from its promise for national interest. For instance in Part Two of the 1999 Constitution, which defines the powers of the Federal Republic of Nigeria, the legislature was conferred primacy, as the first arm of government. This is understandable given that the definitive character of a democracy is the rule of law which is strongly associated with the legislature. Furthermore, Section 13, under Chapter Two which spells out the duty and responsibility of all organs of government, under the Fundamental Objective and Directive Principles of State Policy, also lists the legislature as the first among equals. Just as well, Section 9, which deals with the mode of amending the Constitution, appropriately vests the powers for such landmark dispensation with the legislature at both the federal and state tiers of governance. Yet for the purpose of clarification the conferment of such seemingly omnibus powers on the legislature is not misplaced. Rather such dispensation derives squarely from the very nature and character of the legislative establishment. In a democracy, which is defined primordially as a “government of the people, by the people and for the people”, power essentially belongs to the people.  And no organ of government represents the people more than the legislature. At all tiers of a democratic governance, members of the legislature are drawn from statute defined constituencies, rendering them at any point in time, the true eyes, ears and voices of the real people in the polity. By virtue of its true representation of the people, the legislature is assigned, three critical functions namely constituency representation, law making and conduct of over sight on the operations of government.

Yet for the legislature to carry out such onerous responsibilities at the various tiers of governance, it needs complete autonomy at least, fiscally.  By this dispensation, it needs to be seen to be free from the apron strings of any other arm of government. Thus much remains the spirit behind the constitutional provision in Section 60, which confers on the legislature powers to regulate its own business. However, juxtaposing these foregoing constitutional provisions for and statutory powers of the legislature, with contemporary realities in the Nigerian polity, reveals a celebration of the absurd.  For all practical purposes and intents, the legislature in Nigeria is presently in chains. And it will remain a wonder how a chained legislature can perform its role effectively.

Inspite of the fact that the legislature is the hallmark of democracy, it is widely seen in this country as a mere appendage of the executive arm which in turn is wrongly seen as the only “proper” arm of government.  This is a patent measure of the disaster that has befallen our so called home grown democracy, since the denegration of the legislature constitutes crass abuse of the due process of democratic governance. And a telling sign of the times is the apparently relative disinterest of the general public in clamoring for greater autonomy for the legislature.

In any case, the need for a public outcry for the autonomy of the legislature remains self manifest as indeed, without it hardly will any major democratic gain be made. This includes the legion of requests which are now flooding the precincts of the National Assembly in the name of proposals for Constitution amendment. Most significantly, given the expected playout of interests and intrigues in the course of considering the petitions, the only proposal that is most likely to sail through with minimal stress remains that of autonomy of the legislature. And the main reasons are clear.

First of all, such a bill serves the purpose of consolidating the Constitutional provision for separation of powers for the good of democracy. Secondly, drawing inspiration from the cliché that “charity begins at home”, it will be more feasible to push through the State Houses of Assembly a project in which they will naturally find common comfort. And what issue will be more attractive to them than one which offers them statutory autonomy? The deal is that when granted its fiscal autonomy, the legislature can settle down and gingerly address other issues.

 

In other words Nigerians should seek first the autonomy of the legislature and all other things will be added unto them.