Towards a people

Towards a people's constitution

No democratic society can govern itself without a broadly agreed analysis as to what is wrong and how to correct it. In searching for the reasons why our cohesive society is now experiencing difficulties, we should not just look to particular controversies or incidents upon which all the blame for our troubles can be heaped like we appear to be doing with the paradigm "Resource Control," Sharia and deregulation, amongst others. To do so, will neither get to the root of our problems nor serve any useful purpose.

The real answer requires the wider re-distribution of political and economic power. The obstacles that stand in the path of such re-distribution can be found in our institutions of government and perhaps more importantly in the very document from which those institutions derive their power ñ the Constitution. They can also be found in our minds so far as we lack the self-confidence to attempt what has to be done because of apathy or fear or because we do not understand what is happening and why.

The Federal Government has not been adverse to the need to review our flawed constitution and set up a Presidential Technical Committee to review the 1999 Constitution. That committee, which has now presented its final report, consisted of people that were not elected by the Nigerian people and many interest groups not surprisingly were not represented. In an attempt to address this anomaly and fashion out a people's constitution, the Federal Government recently unveiled plans for presentations in six geo-political zones of proposed amendments to the 1999 Constitution so as to enable Nigerians across the country have an input and critically assess the proposed amendments.

Although the Federal Government ought to be commended for their concerns and flexibility, reviewing the 1999 Constitution is not the answer to our myriad problems. Indeed, if history they say always plays a role in politics and politics is about righting those historical wrongs, then some other constitutional document with appropriate safeguards and balances need to be further developed if we are to move towards true democracy acceptable by all. For as Dr. Beko Ransome-Kuti put it, "how can the Nigerian people benefit by reviewing amendments to a constitution of which they had no input."

What then are the alternative options open to us as Nigerians? Fairly recently, the elder statesman Chief Anthony Enahoro and the former Commonwealth Secretary-General Chief Emeka Anyaoku respectively declared that a Sovereign National Conference (SNC) or National Conference is inevitable if we are to successfully re-structure this country. Those clarion calls appear to support the Afenifere leadership's obdurate stand on the need for a SNC. Even if we are to assume that a SNC or National Conference as the case may be is the only way forward, how can such a conference be democratically achieved under our present framework?

It is interesting to note that none of the proponents of a SNC or those national newspapers that have been awash with stories on a SNC have ever been able to tell us how such a conference can be democratically brought about under our present framework. Surely, the people of this country are entitled to an answer on such a basic question. Is it not time for the debate to be centred on this issue and for us to give some thoughts as to how we can re-structure our country democratically?

Chief Richard Akinjide, speaking on behalf of the patriots just over a year ago, warned of the implications of a SNC by explaining that a SNC means that all the powers of the President, National Assembly and state organs would be vested in the SNC because you cannot have two governments at the same time in the country. One he said would have to give way to the other. Apart from the unlikelihood of this happening, even if we were to assume this possibility, what would happen if the conference collapses? According to Akinjide, there would be chaos, anarchy and the possible disintegration of Nigeria.

So what really is this clamour for a SNC of all nationalities and ethnic groups? A power shift to tribesmen in the new millennium? How can a group of selected tribesmen no matter their influence impose their will and deliberations over the countries' elected senators, representatives and assemblymen? What will be the basis for such a selection? Only the will of the people can bring about such a change and those advocating for a SNC ought to know this.

Some people have erroneously formed the view that a SNC is about destiny of the nation and its people and an expression of the will of the people. How does anyone know that? Have the people of this country been given an opportunity to express their views? I have only heard perceived leaders of thought giving their views on this issue and several newspapers have now joined the bandwagon. Not having fair and balanced arguments on this very important national issue has got us all into a cul-de-sac.

Perhaps we also need to be reminded that the basic case for democracy essentially is that the electorate can remove their government. It does not also mean that political leaders can take over power from the electorate because they are disappointed with the electorate's performance in exercising responsibility for their own affairs. Power and responsibility by necessity go together and it is my argument that if the electorate lack responsibility, it may be because they have had too little power in the first place. The remedy lies in giving back power to people by enabling them to exercise responsibility for their own affairs.

If we were to accept these counter arguments, would it not be more appropriate and democratic for us to have a referendum on whether or not we want to renegotiate or re-structure the terms of our union and draw up a new constitution instead of a referendum as Governor Tinubu was reported to have suggested on the minor issue of whether or not elected executive officers of state should serve a single term of six years? Only a referendum would enable we the peoples of the Federal Republic of Nigeria to decide on what we really want. A referendum would also be a barometer that would be indicative of what various parts of the country actually think of this re-structuring issue. This issue is far too important and fundamental to be left in the hands of politicians alone to decide.

The 1999 Constitution does not specifically make reference to when and who can call a referendum except with regard to state and local government creation under Section 8. Section 4(2) of the constitution however empowers the National Assembly to make laws for the peace, order and good government of the federation or any part thereof with respect to any matter included in the Exclusive Legislative List as set out in Part I of the second schedule to the constitution.

Item 67 gives legislative powers with regard to any other matter with respect to which the National Assembly has power to make laws in accordance with the provisions of the constitution while item 68 gives legislative power for any matter incidental or supplementary to any matter mentioned elsewhere in the Exclusive Legislative List. These combined provisions should be enough (if sufficiently persuaded) for the government to call a referendum.

If a referendum is conducted and the vote is in favour of restructuring and drawing up a new constitution then perhaps therefore we can have a National Conference or elections into a Constituent Assembly to draft a new constitution once the results of such a referendum is ratified by the National Assembly.

Admittedly, this appears to be a long tedious process, but there can be no quick fix for such a fundamental issue. A national conference could take anything from five years to conclude. The London constitutional conferences in the 1950s just before independence took almost eight years. If the government calls a referendum, then all interested groups and diverse constituencies, tribes or nationalities will have to prepare themselves and debate the issues from now.

After all is said and done, this is the only spirit in which we can truly build Nigeria into a stable, unified and developed nation for the benefit of all Nigerians. In any case, I can think of no other democratic way - can you?