Winding Road to Constitution Review

By 

Ambrose Akor

First, it was to be a zonal conference; then a zonal debate; finally, the zonal presentation of the recommendation of the President Committee on the Review of the 1999 constitution. Through those changes, the process has retained its other name - controversy. In the latest in the review of that constitution, it added a new feature - ambiguity.

From Enugu through Bauchi to Port Harcourt, many are still in doubt what is the mission of the committee. Are they organizing constitutional debates at zonal levels or is the country passing another ritual in the name of constitution making?

When news went out from Information and National Orientation Minister, Prof. Jerry Gana, it was unambiguous. He said there was going to be conferences in the six geo-political zones after which another conference would hold in Abuja. A few days after, Gana said he was avoiding the use of "conference" to describe what would hold in the zones.

The initial impression was that the zonal debates of the recommendations of the review committee would involve delegates representing different shades of opinion and interests, after which they will converge at Abuja for a one-day conference.

What was seen as short-changing Nigerians who, for decades now, have demanded a Sovereign National Conference or National Conference, naturally drew the ire of many opinion leaders. Since the tempestuous presentation of the document in Enugu April 30, no one is sure what the goal of the presentation or the trip around the country is. Debates have not abated.

Opinion leaders, during the week, have continued to threaten boycott of the presentation, and insisted on a constitutional conference or a referendum on the constitution.

After a three-day meeting in Lagos, activists, drawn from 33 pro-democracy and human rights groups, warned the government against ignoring fundamental public contributions in amending the constitution.

They called for the setting up of a broad-based constitution review commission to comprise nominees from both the legislative and executive arms of government as well as the civil society, ethnic nationalities, professionals, students, labour and religious groups.

According to the activists, the primary assignment of the commission would be to co-ordinate all efforts towards the production of a people's constitution.

In addition, they emphasised the need to conduct a referendum on the draft constitution before the document is signed into law.

As if in outright dismissal of those proposals for the involvement of a wide spectrum of the society, Gana said in Bauchi that there was going to be a conference of elected representatives. "The elected representatives/rulers of the people are the holders of sovereignty in the nation. So it would really create a lot of confusion to have a Sovereign National Conference.

"So, the committee on the Review of the 1999 constitution now felt that there is nothing wrong in having a national conference if the people of Nigeria so wish to do that. But after that all the summation would be sent to the National Assembly which is the only body that has the power to amend the constitution."

The question has been ,why not convoke the conference demanded without the rigmarole?

Under the process being carried out by the Federal Government, Nigerians after arriving at various views and conclusions, would send their summations to the office of the Secretary to the Federal Government of the Federation, where a special unit has been set up to collate all the amendments.

The President's Senior Special Adviser on Constitutional Matters, Maxwell Gidado, said in press interview in the week that the essence of the zonal presentation is for the people to read the amendments, make their input to the required offices that would collate and sent their recommendations to the national and state assemblies to serve as a guide for the review.

"The zonal presentation is not a place for a debate, national or sovereign conference. The essence is to give back to the people the recommendation of the committee for debate," Gidado said.

He said going the whole hog of a national conference would be an exercise in illegality. Sovereign National Conference means that the constitution-instituted bodies will have to be replaced.

"The process now of bringing this report to the zones is a way of reaching out to those said to be left out in the committees," he said, adding that the process was a "people-driven review."

Other questions raised are: Does the Federal Government need to present this document in zones. Why not distribute to Nigerians wherever they are? Was there no intention of short-changing callers for a national/sovereign conference which was aborted because of the strident attacks on planned zonal conferences?

Gidado said: "The intention of the President in setting up the committee is a good one, without ulterior motives." According to him, Nigerians will have between June 1, to the end of December 2001 to review the constitution and send in their response.

No matter how good the intention of the President might be, many still see the answer in a full-blown conference, that would afford every section of the federation to bring to the talk their demands and proposals on the way forward for a true Nigerian federation.

The Patriots led by Chief F.R.A. Williams last week said just that: "The Patriots re-affirm their conviction on the necessity for holding a National Conference to discuss and agree on an acceptable arrangement for the restructure and the continuance of the Federal Republic of Nigeria as a single and indivisible entity under a truly federal system of government.

In a statement signed by Williams, Senator David Dafione, Professor Ben Nwabueze and Senator Abraham Adesanya, the group said: "We, however, regret to note that the Federal Government failed to seize the opportunity of organising a National Conference when it unfolded its plan to formally present to the nation the report and recommendations of the Presidential Committee on the Review of the 1999 Constitution.

The announcement for holding zonal workshops or meetings all over the country left it uncertain whether or not the exercise is in substitution for the national agitation for a national conference."

If this was the intention, the Patriots said they were "firmly convinced" that the government will not succeed in mobilising the full participation of the leaders of the various nationalities in Nigeria and of all other interested groups. It's position is unequivocal: "We accordingly reject it."

On the proposed conference being planned by end of May involving traditional rulers, the patriots were as pointed. "We are gratified and encouraged by the initiative shown by our traditional rulers. However, we are bound to point out that their efforts will serve no useful purpose if their royal majesties conceive that what they are organising will be acceptable to this nation as a substitute for the National Conference."

If the groups and opinion leaders remain as firm in their conviction as they sound, this new process might end up like the several others before it, an ambiguous exercise that will have to be changed again. Another winding road that will lead to nowhere.