Is the 1999 Constitution truly the problem of Nigeria? (III)

“As in most things great and noble, an intelligent forethought is needed.”  – Buchan

An intelligent and persuasive forethought on the constitutional arrangement that best suits the Nigerian condition at this day and age is surely needed more than anything else. The eruption of pent-up emotions and needless disarray in thought given rise to by recent policy postures in the country, have demonstrated to all intents and purposes, the need to focus more on the correct processes and procedures of governance, than on meeting predetermined outcomes whose provenance and ending might not necessarily augur well for the larger national collective. Giving an intelligent consideration to constitutional matters, therefore, should be the beginning of wisdom in the Nigerian context, and the enlargement of the space and scope for creating opportunities for inclusive democracy and accountable government in the country.

Rhetorical and militant denunciations of existing frameworks no matter how well intentioned or vigorously exhibited will not remedy perceived ills in our society. Only a constructive engagement and the persuasive advocacy of our respective viewpoints and positions regarding the governance and political arrangements of the country can lead us towards what we essentially desire, namely progressive and enlightened governance, inclusive development, accountability in administration and the general wellbeing of the citizens living in peace and security.

Persuading ourselves that these aims or objectives can be found within the present structures of government and laid down constitutional provisions will ultimately induce us to stick to the 1999 Constitution and develop it further where necessary to cater for the collective interests and needs of the generality of the people of Nigeria.

In this concluding segment of the article, I wish to lay before the Nigerian public the argument that the 1999 Constitution is not the problem of Nigeria. It is a product of its time and a necessary instrument in the further consolidation of the nation-building process in Nigeria. Its provenance was legitimate and its continued relevance is necessary and desirable.

Since its enactment in 1999, a wave of negative campaign against the constitution has been propagated mostly in the context of the restructuring of Nigeria. A motley collection of ideas and an amalgam of reasons were presented mostly in tangential terms about the review or ultimate revocation of the constitution, to give way to a new improvisation. Those standpoints no doubt, led to the convening of the National Conference in March 2014 to deliberate on virtually all aspects of governance including the demands posited by the advocates of restructuring Nigeria. The reasons for convening the Conference were largely driven by sentiments rather than by objective and candid demands of national renewal and deepening of the country’s unity and consolidation of its governance mechanisms.

As such, the conference started with controversy and ended with deep disappointment and rancour. The work of its 20 committees and its voluminous report ultimately proved ineffectual in remedying the ills or deficiencies that the Conference purportedly sought to highlight, and ended up being consigned to the shelves in offices and libraries. The conference was an ambitious attempt at redefining the Nigerian nation itself, and introducing nuanced alterations to its core governance structures and policies, by unseating the arrangements that have kept the country together.

The Conference’s basic premise was discontent with the Amalgamation of Nigeria in 1914 and the various attendant processes that ensued which formed the structures and government of the country as they obtained hitherto. Its reiteration of the need for a “Sovereign national conference” and innumerable references to “agitations” betrayed the ideas and intentions behind the convening of the conference. The main focus of the 2014 National Conference was arguably to undo the 1999 Constitution and substitute it with a new arrangement. That was evident in the observations in the report in Section 1.6 under the heading “Democratic Rule and the Agitation for Sovereign National Conference”.

The report blatantly and unequivocally characterised as a “lie” the Preamble of the 1999 Constitution which opened with the declaration “We the people of the Federal Republic of Nigeria having firmly and solemnly resolved etc, etc”, and went on to justify the necessity for the National Conference as a constitution-making arrangement “presented to work towards redefining the foundation of the nation to enable it achieve its potentials as a strong, prosperous and proud nation”. The notion that abrogating the 1999 Constitution and bringing in its place a new dispensation would make Nigeria strong, prosperous and proud, was merely an idealistic stance that sought an escape from reality into fantasy.

It is not constitutions in themselves that make countries strong, prosperous, or proud. It is the industry of the people, their commitment to their country, the disposition of their leaders, the soundness of their institutions and laws, as well as the readiness of the people to bear hardships, endure sacrifices together and overcome them, among others, that make countries great. Blaming the 1999 Constitution is to seek an easy way out of a delicate situation or quandary of our own making in terms of maladministration and the misplacing of priorities during many dispensations. Nigerians should approach delicate issues like constitutional amendments or abrogations with the utmost sense of seriousness and purpose without loosing sight of the actual importance of a constitution.

Constitutions in themselves are not development instruments or plans. They provide the broad normative frameworks for attaining the national objectives of unity, formulation of government and the establishment of the nature and procedures of such governments. They also provide the centripetal points towards the convergence of the idea of the nation and the purpose of coming together as one people. Reducing the purposes of a constitution to sentimental or argumentative quantities like restructuring and sovereign national conference whose ends are nebulous and indeterminate, are not in the best interest of Nigeria today.

Nigerians must persuade themselves that there is a government in place in the country that has been brought about by the provisions of the 1999 Constitution and whose fundamental premise is to keep the country together and see to its prosperity, growth, development and security. Outside these and related aspects of the national aspirations, the futility of abrogating the 1999 Constitution as called for by even eminent Nigerians must be put to critical examination and exposed as a needless diversion at this critical time of consolidation of our democracy.

Nigerians must be put on the alert and called upon to give an intelligent forethought to any proposition that might be put to them to do away with their settled system of government. Certainty, continuity and transparency rather than the reckless disruptions of our constitutional order are the things that Nigeria needs and deserves the most right now and in the foreseeable future. Before making any hasty judgments about their constitution, Nigerians should gather all the threads of the arguments for or against it, and demand for the answers to the several questions that were highlighted in the previous segment of this article, in order to arrive at a satisfactory and irrevocable position on whether the 1999 Constitution is the problem of Nigeria and if so, if it should be altered or abrogated.