Before another piecemeal amendment

THE National Assembly appears upbeat, as lawmakers begin another amendment of the 1999 Constitution of the Federal Republic of Nigeria. Every budget year, the NASS sets aside close to N1 billion for the ritual and it’s on record that N24.8 billion have been expended to correct the Constitution that was originally handed over by General Abdulsalami Abubakar, former military head of state in 1999.

As the military exited, they produced the 1999 Constitution to help the civilian administration deliver quality government to the people. So, despite other shortcomings, the Constitution was purposed to be the guiding manual for democratic governance.

It outlined expectations in areas of security, the economy, wellbeing of citizens, duties of government, obligations on the part of citizens, public finance, the judiciary, regulation of political parties, elections etc.

Elected officials swear by the Constitution, pledging to conform to, observe and apply its provisions, the essence that distinguishes the civilian dispensation from military regimes, in form and content.

For instance, while citizens had no power to hold military regimes accountable, the 1999 Constitution provides in Chapter Two that sovereignty belongs to the people of Nigeria, from whom the government derives all powers and authority.

It goes on to state in Chapter Two Section 14 ( 1) ( b and c) that the security and welfare of the people shall be the primary purpose of government; and the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution.

Twenty- four years after the proclamation of democratic rule, many of the promises contained in the Constitution are not in operation. Citizens are unable to fully participate in their government as prescribed; instead, less than 20 per cent of the population is manipulated to enthrone civilian rulers. The electoral process has been hijacked by politicians, with INEC degraded from role of regulator to mere observer at elections.

Citizens’ security and welfare that are the primary duties of government have been abandoned by elected politicians. School children are picked from schools at will, with government playing catch- up every time, chasing after kidnappers and endangering innocent children. Farmers pay taxes to terrorists before they are allowed to cultivate their land.

Citizens’ welfare indices have sunken to distress levels, with jobless persons outnumbering the few that earn incomes. Families are struggling to survive excruciating policies of a civilian government that swore to the Constitution to prioritise their wellbeing above every other consideration, including the asphyxiating recommendations of World Bank/ IMF.

This same Constitution in Section 15( 4) provides that; “the State shall foster a feeling of belonging and of involvement among the various peoples of the Federation, to the end that loyalty to the nation shall override sectional loyalties.” Sadly, at no other time in the country’s existence, is the polity more polarised than what obtains today.

Nepotism ranks high in government’s list of malfeasance. But the Constitution at Section 14( 3) states that the composition and conduct of affairs of government shall reflect federal character to promote national unity, and also to command national loyalty. The idea is to ensure that no tribe or region dominates others. Today, this section of the Constitution is flagrantly disregarded and when you dare to point it out, supporters and people in government blatantly retort that Buhari also did the same. Maybe Buhari is the constitution they operate. Sad.

Clearly, this Constitution of 1999 is lame, and each attempt by self- serving lawmakers to tamper with it renders it more otiose. Lawmakers go to areas where their interests are largely served. They run away from provisions that will make institutions stronger and governance more accountable.

For instance, as the Federal Government and states now earn triple revenues from imported petrol taxes, and they seem not to know what to do with thevexcess naira, this is the best chance to test the provisions of Chapter Two. The Constitution in Section 16( 1) ( a) ( b) pronounces the economic objective that will guarantee national prosperity; to secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity. In 16( 2)( c), it promises that the economic system shall not allow concentration of wealth or the means of production and exchange in the hands of a few individuals or a group, but shall harness the natural resources to serve the common good.

The Constitution also provides that suitable shelter, suitable and adequate food, reasonable national minimum living wage, old age care and pensions, and unemployment, sick benefits and welfare of the disabled shall be provided for all citizens.

If only the citizens know what the present Constitution generously recommends for their wellbeing and they are served, they may not ask for another. If only the citizens become active participants in the affairs of the country and stop surrendering their powers to leeching politicians, they will first demand full justification of the 1999 Constitution, before conceding that more money is wasted on cosmetic amendments or for a new document.

The Constitution promised that the Nigerian State shall be based on the principles of democracy and social justice, not one powered by the whims of a power- drunk governor or that of an imperial president. The Constitution does not envisage a body of lawmakers whose constituency project budgets empower them beyond their natural capacities.

These legislators have empowered themselves so much that when they go home, they flaunt excess wealth, they live larger than life, swelled by the resources that ought to go to the constituents via other legitimate and equitable means. They dominate the electoral space, neutralising all reasonable opposition, disorienting voters and commercializing elections. That nonsense must stop.

In Section 15( 5), the Constitution says: “The State shall abolish all corrupt practices and abuse of power.” But there is abuse of power everywhere.

Because of the many lies the Constitution has told of itself, and the promises it has not delivered, some stakeholders have called for a new document to be forged, bearing in mind emerging realities of further polarisation, mutual distrust among ethnic nationalities and failure of successive government to deliver basic comfort to citizens since 1999.

Reacting to the promise by the Deputy Speaker of the House of Representatives, Benjamin Kalu, that a new constitution will be ready in 24 months, foremost advocates of a new people- owned constitution, the Nigerian Indigenous Nationalities Alliance for Self- determination ( NINAS), insists that the National Assembly lacks the legitimacy to add to or subtract from the 1999 Constitution, the document NINAS says is a forgery and must be dismantled.

NINAS said: “Let it be known to all that the fraudulent imposition of the 1999 Constitution via Abdulsalami Abubakar’s Decree 2 of 1999 was a treasonous act, tantamount to the hijack and confiscation of the sovereignty of the constituent peoples of Nigeria, to whom the authorship of the atrocious constitution is falsely credited in the preamble to the Constitution.

“The suggestion that the National Assembly could somehow unilaterally manufacture a “new constitution” by virtue of some power that could be drawn from the 1999 Constitution, is most reprehensible and it would be tantamount to and a further compounding of the treason and fraud of 1999, should the National Assembly attempt to cobble and foist another illegitimate constitution on Nigeria, standing on the dubious authority of the so- called 1999 Constitution.”

Despite the time and resources invested to update the Electoral Act, which yielded the 2022 version, the 2023 general elections became more discredited than previous ones. Some stakeholders are not impressed with these money- guzzling piece- meal efforts to enhance a constitution that is so unpopular.

Millions of citizens have no relationship with that document. The more it is amended, the more confused the polity becomes. Far- reaching and radical turn- around, such as implementing the Justice Uwais’ recommendation on electoral reform, having a unicameral/ part- time legislature, voting funds to activate the welfare provisions in Chapter Two, making Nigerians feel secure in their homes and farms and making it hard for kidnappers to invade schools and farms to capture citizens are basic amendments Nigerians need. Not cosmetics!

SCOTUS prolongs America’s democracy

FORMER President Donald Trump of the United States is not popular among millions of people in democratic settings across the globe, particularly in Europe. The Europeans hate his guts. Apart from what they consider to be the man’s doubtful democratic credentials, they disdain his disregard for allies of the United States on peace- keeping concerns around the globe.

Trump is more disposed to NATO partners spending own defence budgets rather than wait on the U. S. At home and abroad, the man is loathed, but the harder detractors try to stop him, the more he soars in various polls and is close to becoming the Republican nominee for the presidential election, come November.

That possibility haunts his loathers. The man is embroiled in a couple of significant lawsuits and investigations, including his alleged role in the January 6, 2021 Capitol Hill riots, alleged mishandling of White House documents and several probes into his finances.

Trump haters now look up to his heavy case dockets for a trump card to frustrate his return as President of the United States. In December, two states, Maine and Colorado had challenged Trump’s ballot status based on allegations of what he said and did before and during the January 6. The matter had gone to the U. S. Supreme Court to decide whether states can bar candidates for federal elections. More states waited anxiously to delist Trump.

On March 4, 2024, the justices of the Supreme Court of the United States ( SCOTUS), ruled that states do not have the right to disqualify candidates based on the U. S. Constitution’s 14th Amendment’s Section 3. With that, they saved that country’s democracy from what could have been an invitation to anarchy.

I see a lot of lessons in that for Nigeria. The justices of SCOTUS did not pander to popular opinion, which is to crucify Trump and endanger democracy. In Nigeria, the judiciary should consider what’s best for the country, not for the politicians.

s“Section 14( 3) tates that the composition and conduct of affairs of government shall reflect federal character to promote national unity, and also to command national loyalty. The idea is to ensure that no tribe or region dominates others. Today, this section of the Constitution is flagrantly disregarded and when you dare to point it out, supporters and people in government blatantly retort that Buhari also did the same. Maybe Buhari is the constitution they operate. Sad.