On Monday, Lagos State Governor Babajide Sanwo-Olu, joined former Commonwealth Secretary-General Chief Emeka Anyaoku, former governors, diplomats, lawyers, and other respected older leaders to call for a change in Nigeria’s Constitution.
They discussed at a colloquium called ‘National dialogue on the future of Nigeria’.
The colloquium was held at the Nigerian Institute of International Affairs in Lagos to honor the late legal expert Prof Ben Nwabueze.
Former Akwa Ibom State governor, Obong Victor Attah; ex-Cross River State Governor, Donald Duke; former Sokoto Governor, Senator Aminu Tambuwal; representative of the Ooni of Ife, Oba Adewunmi Olayigbade; Leader of Afenifere, Pa Ayo Adebanjo; former Minister of Foreign Affairs, Gen. Ike Nwachukwu; the immediate past Governor of Ekiti State, Dr Kayode Fayemi; and ex-Ogun State governor, Otunba Gbenga Daniel, were among the attendees.
Others who were present included former Rivers Governor, Rotimi Amaechi; ex-Minister of Finance, Kalu Idika Kalu; former Governor of Osun, Rauf Aregbesola; former Military Governor of Ondo State and former Deputy National Chairman of PDP, Olabode George; ex-Delta Governor, James Ibori; pioneer Chief Executive Officer, Nigeria Economic Summit Group, Prof Anya O. Anya; and the keynote speaker, Chief Mike Ozekhome (SAN).
At the event, Anyaoku suggested that Nigeria should discard the 1999 constitution due to its lack of legitimacy.
He mentioned, “Around the world, some diverse nations have succeeded in becoming nations while others have failed and disintegrated. The lesson here is that those diverse countries that succeeded in becoming nations have typically practiced true federalism with significant powers assigned to the different units.
“The founding fathers of Nigeria acknowledged this and agreed on the independent constitution of 1960, which was extended to 1963. Another undeniable fact is that our current 1999 constitution, as amended, not only lacks the legitimacy of a constitution made democratically but has also proven to be unfit for addressing many of the serious challenges facing our country.
“It's widely recognized that important areas have seriously deteriorated and continue to do so. For example, the security of citizens, their lives and property, economic well-being, infrastructure such as roads, education and health facilities, social unity and values, as well as the sense of national unity, have all suffered significant deterioration over the years.
“I would like to conclude by stating that there is no shortage of opinions and suggestions on the nature and content of a suitable constitution for our diverse country. Many have expressed the view that the 1960-1963 constitution and the recommendations of the 2014 national conference serve as a good guide in this regard. I hope this colloquium will focus on the process of creating such a constitution.”
Anyaoku recommended two choices that he said are available to Nigerians as a solution.
“I think we have only two options in this case. We can either accept the 2014 National Conference as a suitable platform or we can opt for a relatively cheap directly elected constituent assembly on a non-party basis to create such a widely desired constitution.”
Sanwo-Olu suggested that the discussion about creating a new constitution should be expanded to allow for a truly federal constitution that would give power to the states.
The Lagos governor said, “Considering the number of people here, we should make this conversation very effective. Many speakers have said that it's not the National Assembly that will make those amendments, and it makes a lot of logical sense. It's for the National Assembly to establish a law where people will come together and make those amendments themselves.
“I stand here as a leader of the largest state. How well do we see the problems that we have in our country? Why would a federal agency come to control the water in front of Ozumba Mbadiwe? Why would a federal agency 1,000 kilometers away come to attend to the needs of my people in Ozumba Mbadiwe? Those are some of the things that we need to take forward and say that indeed we need to have a true federating state and be able to amend this constitution.
“I am a willing convert. Whatever we need to do now, there are so many serving and former governors here. Let us make the changes that we desire, and let the soul of Prof. Ben Nwabueze rest in peace because this is something that he fought for over 60 years of his life. And we are still here talking about it. We have the opportunity to make those changes now, and I stand here to say to you that we are willing to work with you to make those changes.”
But Ozekhome, an experienced lawyer, believed everything was incorrect with the 1999 Constitution, which he claimed was very different from the American system Nigeria copied.
To support his point, the keynote speaker explained that a constitution that was created by a military junta and had no input through a referendum could not last.
“A referendum is crucial to any constitution making. That's why the American constitution, which is only 192 pages, about 27 amendments, and 7,591 words, unlike the Nigerian Constitution, which is as extensive as a portfolio, still stands the test of time 100 years later. So, the process by which a constitution comes into effect is very important. Right now, the Green Chamber has set up a committee to amend the constitution after the first four amendments, and the Senate has also set up a 43-man committee.
“My brother and good friend Aminu Tambuwal is also there. But can you amend a bad and fundamentally flawed document? My humble answer is that you cannot. One million amendments multiplied by another one million amendments of the present fundamentally flawed constitution cannot cure it of its original sin.
“What is this original sin? It is that this document was imposed on you and me militarily by a military junta led by General Abdulsalami Abubakar and 28 members of the provisional ruling council. It was never subjected to any referendum of the people. And guess what? The current constitution was attached as a mere schedule to Decree No. 24 of 1999. So the constitution you are using is a mere schedule to a decree.
“So how can you fix or purify it of the infected lineage? I will tell you. Just like Naaman the Leper who immersed himself in River Jordan seven times to become purified of its leprosy, Nigerians must take ownership of their constitution through a popular vote of the people as was done to the Mid-West Constitution on the 10th of August, 1963 when it separated from Western Region. Without that, we will just be on a journey to nowhere,” he emphasized.
Meanwhile, former Governor of Ogun State, Ibikunle Amosun insisted that the result of the colloquium should be conveyed to the National Assembly and President Bola Tinubu for proper consideration.
He also advised that the current and former speakers of the House of Representatives and Senate presidents should be involved to ensure the efforts of Nigeria’s past heroes are not wasted.
“We have all agreed on one thing, that our constitution is flawed. I don’t want to say we don’t have a constitution because I know we can improve on it. What I think we should do having had the experience in both legislative and executive arms is that the Patriots as a group should bring all the outcomes of this colloquium to the National Assembly.
“We should let them know what we think is the way forward. I think we should also follow the lead of Governor Sanwo-Olu by also meeting with Mr President and seek audience with all the Speakers of Nigeria (current and past). We have been on this thing since 1960s and if we remember correctly, most of our leaders died in this struggle. That is why we also gather together to honor that constitutional lawyer, Prof Nwabueze,” he said.
Duke however disagreed with a complete overhaul of the 1999 constitution, saying the issue with its operation has to do with the wrong leaders the people voted into power.
The former governor also expressed concerns that if the President did not accept the consensus, the entire exercise would be pointless.
He said, “A lot has been said here. I think it is procedural we should be looking at here. There is also a broad consensus on what the content of our constitution should be. But I think we should start with the president of Nigeria. The way we are structured is that if we don’t have the approval of the president, it will never work. There is a lot of work to be done there and I believe this is why Governor Sanwo-Olu was alluding that the transition from state to national has complications.
“When the president accepts it, I think he will call the meeting of the councils where the governors (current and past) are fully represented. From there, instructions will be given to the attorney general to perhaps proceed to draft a bill for the National Assembly to agree to. This is the process we should be talking about since we already have a consensus on what to do.
“But I believe the constitution we have now if we elect the right people, will work somewhat. We will never get a perfect constitution. But the larger problems we have are the individuals we allow to operate the system.”
Bode George, who expressed the same views, however, exonerated the military of blame in the composition of the constitution.
The PDP leader also asked for a change in the way things are done in the country's leadership in order to improve the country's situation.
“I want to ask because I have heard many of the speakers here and something was running through my mind because they told the truth to those in power. The current system we have is not effective. I was in the military, had a non-traditional job, and now I am a politician.
“Do not attribute all these problems to the military because they are also Nigerians. I will ask, apart from urging the current president that it is time to change our path. If we don’t, we will make little progress and then regress significantly,” he requested.
