Constitution Review: Nigeria Battling To Survive

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By Tordue Salem, Abuja

*As Reps Consider States’ Creation, State police,
Restructuring, Others

Speaker of the House of Representatives, Rep Femi Gbajabimila
has declared that the country is in an intense battle for survival,
as it contends with an avalanche of problems.

The Helmsman of the Green Chamber’s view was contained r, said
in his remarks at the inauguration of the House of Representatives
Special Adhoc Committee on the review of the 1999 constitution (as
amended).

He said “When you ask me what the state of our nation is, the
honest answer is this: we are in a fight for the very survival of
our country and the continuation of the Nigerian project.

“Recent global developments have exposed all our systemic
weaknesses so that we can no longer pretend to ourselves that
things are on an even keel and slow progress is enough to get us to
where we ought to be yet are still so far away from”.

According to him, “We are commencing this constitutional review
process at a time of great and ongoing upheaval in our country. New
challenges emerge daily from every corner.

“Some of these challenges are of our own making, and others, we
could not have foreseen or been prepared for. Whichever may be the
case, the Nigerian people look up to us as a government to proffer
solutions that work, to do the heavy lifting of writing a new
constitution, one better suited to our current aspirations and
reflect our vision of the future”.

The speaker opined that “the answer to many of our development
questions lies in the pages of a new Nigerian constitution. This
9th House of Representatives has since committed to the cause of
reform. Our commitment must neither waver nor wane on the matter of
thoughtful and fair overhaul of our nation’s constitution.

“The reality of our current circumstances and the now certain
knowledge that only us can save ourselves imposes on us an
obligation to act with greater determination and all the urgency
this moment calls for”.

He assured that the House would take the issue of electoral
reforms very seriously, adding that “overcoming our overwhelming
national security challenges now requires of us all that we be
willing to accept new approaches and consider novel ideas”.

He warned that “neither the security institutions nor political
leaders can afford to hold on too tightly to a status quo whose
frustrating limitations are painfully evident, whilst reflexively
rejecting innovations that may improve our fortunes if properly
implemented”.

In his welcome address, Deputy Speaker and chairman of the
special committee on the review of the 1999 Constitution, Ahmed
Idris Wase, disclosed that the House would consider the creation of
states, state police, true federalism, local government and
judicial autonomy in the review of the 1999 constitution.

He said “Let me start by stating that the need and importance of
reviewing our extant constitution cannot be overemphasized as a
vast majority of Nigerians consider the 1999 constitution a product
of military exigency and that the reference to ‘We the people’ in
the constitution does not truly represent them. Various political
actors have therefore been advocating for a serious review.

According to the Deputy Speaker, “There has been several
attempts to amend the 1999 Constitution, yet the agitations for a
much more fundamental amendment has not stopped.

“This is because there are very critical aspects of our
Constitution that touch on our continued existence as a strong,
indivisible nation. Until these critical areas are resolved, we may
continue to face clamour for a new Constitution.

“Therefore, in order to achieve the much-needed success by the
9th Assembly, there are pertinent areas that must be looked into.
These are burning issues that have been left to burn for so long
without giving them the much-needed attention”.

He said “The federal structure (true federalism), local
government autonomy, state policing, state creation and judicial
autonomy”.

He said, already over 15 constitution alteration bills have been
referred to the committee touching on these broad thematic
areas.

Wase observed that “Despite the fact that Nigeria prides herself
as a ‘federal state’, it is sadly evident that it is far from what
federalism entails.

“Some have stated that our federal system is more unitary than
federalist especially with the number of items on the exclusive
legislative list where the federal government regulates even simple
items like primary education and agriculture. Hence, there has been
a clamour for more devolution of powers from the centre to the
states in order to make states more viable and economically
sustainable”

On local government, he said “As a third-tier government, all
local governments are supposed to be Independent, However, we have
not seen such independence in a long time.

Arguably, the framers of the 1999 Constitution, created a
worrisome situation by giving validity to the existence of 3.162
(6), which prescribes the “State and local government joint
account”.

On state police, the deputy speaker said “While internal
security is of paramount importance, the concentration of the power
of the police at the central government has created several
policing challenges at the states.

“While some have advocated for the creation of state police,
others have expressed worry on the possible abuse of such power by
state governors.

“However, one thing that is clear is the need for us to take a
second look at our internal security superstructure in order to
make it work for our people and protect their lives and
properties”.

Speaking on the agitation for state creation, he stated that “It
is pertinent to note that the current 36 states of our federation
were created via military decrees. Hence the true wishes and
aspirations of the people were never considered in such
creations.

“There is a need, therefore to examine the subject of state
creation (and the associated constitutional rigours and
difficulties surrounding it) in such manner as to reflect the
wishes and aspirations of homogenous people in a democratic
system”.

The ad hoc committee chairman noted that “The 1999 Constitution
of the Federal Republic of Nigeria (as amended) guarantees the
independence of the judiciary in the country including state
courts.

“Unfortunately, state courts (judiciary) in Nigeria and of
course legislatures have over the years relied on the executive for
their funding. This is clearly antithetical to the principle of
separation of powers as guaranteed under the constitution”, he
stated.