Agenda for 10th NASS Constitution Review

As members of the Constitution Review Committees of the 10th National Assembly settle down for the business of further altering the 1999 Constitution as amended, we challenge them to focus attention on the current existential threats including insecurity, corruption and abuse of power as well as lopsided structure confronting Nigeria with the view to effecting necessary amendments that will address the challenges at the end of their assignment.

The two committees, one each in the Senate and House of Representatives therefore, should not only avoid the pitfalls of past reviews but be very determined to make a difference by ensuring that democracy’s stumbling blocks and its inability to meet the yearnings and aspirations of the people especially guaranteeing their security and welfare, which is the primary responsibility of every government, are addressed once and for all in the interest of citizens.

We welcome the recent submission of Hon Abbas Tajudeen, the House of Representatives Speaker that though Nigeria has recorded significant milestones and challenges alike, since the return to democracy on May 29, 1999, it is crystal clear to the people that it has not yielded the desired dividends in terms of good governance and improved living standards such that currently, they are worst off today socially and economically than we were 25  years.

Regrettably, however, the principles of freedom, equity and justice which ought to be watchwords of elected and appointed public office holders have been observed more in the breach even as experience had shown that they have become self-serving and placed themselves first, rather than the electorate and not represent them adequately, neither prioritize their security, welfare nor ensured the greater good for the greater majority.

In our opinion, those recently appointed to the Committees for the latest review should put national interest above any parochial interest, consider themselves as patriots on a rescue mission to salvage the ship of state from imminent wreck and not as ethnic champions in view of the sensitive and wide range of issues pivotal to our national growth slated for consideration.

The areas in focus will include devolution of powers, including State Police, fiscal federalism, local government autonomy, decongesting the exclusive legislative list, constitutional roles for traditional institutions, promoting inclusivity, particularly in greater equity and women representation into appointive and elective positions, as well as comprehensive electoral reforms to address gaps identified in the 2023 general elections such as the need for compulsory electronic transmission of results real-time.

Other germane issues are a review of appointment into the Independent National Electoral Commission, INEC, conducting both federal and state elections in one day to avert the bandwagon effect, and strengthen enforceability of legislative instruments strengthening greater institutional accountability and bringing the document to current reality and innovation such as Artificial Intelligence.

It is, however, note worthy that the Green Chamber has even taken a further step of initiating legislative actions on the Constitution Alteration Procedure Bill that will provide a framework and timeline for the passage of Constitution Alteration Bills by the federal lawmakers despite the assurance by the committee of concluding its assignment by December 2025 for approval by the National Assembly and its subsequent adoption by the State Houses of Assembly. The Senate should do the same.

Recall too, that whereas the Committee will be chaired by the Deputy Senate President, Barau Jibrin, in the Red Chamber,  the Deputy Speaker, House of Representatives, Hon. Benjamin Kalu will lead the Green Chamber on the Review of the 1999 Constitution with membership drawn from the 36 States of the Federation,  the six geo-political zones and six representatives of women as well as Persons with Disability who will be co-opted into the Secretariat of the Committees.

We also welcome the work plan of the Committees to collate opinions and liaise with various stakeholders among them Civil Society Organizations, government agencies, multilateral and supranational agencies, traditional rulers, women groups students and leaders of the organized private sector of the economy to ensure a wholesome amendment to Nigeria’s law book to reach out to all strata of society.

Similarly, the recent directive by the Senate President, Godswill Akpabio, that all speakers of the 36 State Houses of Assembly should be invited to the National Assembly for interaction with the Senate leadership before embarking on ‘major issues of presenting the different memos’ as part of the constitution amendment process is also very apt in order to guide against the mistakes of past amendments.

However, it should be noted that besides insecurity, the greatest challenge facing Nigeria at the moment is the twin evil of corruption and abuse of power by both elected and appointed public office holders which the current Constitution review committee must recommend appropriate and decisive amendments, as a matter of national emergency to save the most populous black nation on earth from becoming a failed state after emerging the world poverty capital.

In other words, even though an alteration for the creation of State Police from the existing Nigeria Police Force is desirable and has become a matter of necessity, such will not fully surmount the greater challenges of the welfare of citizens through adequate provision of food security, other such basic necessities of life as shelter, potable water, affordable healthcare, education as well as employment generation for millions of unemployed and under employed youths.

Consequently, having identified corruption and abuse of power as the greatest threat to the nation’s continued existence as a united and stable entity after insecurity, we wholeheartedly charge the current committees to proffer necessary alterations in the Constitution that will eradicate corruption or reduce it to the barest minimum even as the Economic and Financial Crimes Commission, EFCC as well as Independent Corrupt Practices and other related offenses Commission, ICPC has shown lack of capacity to eliminate the crimes.

Nigerians expect a stronger Constitution that will also reduce the cost of governance, make asset declaration not only compulsory by public office holders before and after leaving positions, but also guarantee citizens’ easy access to such documents to verify them just as they have unfettered access to politicians’ credentials submitted to the INEC before contesting elections. Similarly, the Code of Conduct Bureau must be strengthened and its offices established in the 774 local government areas nationwide and manned by people with integrity and impeccable character for effectiveness.

More importantly, punishment for convicted corrupt persons should be very stringent including a life jail term to serve as enough deterrent while the amended document should set a time limit not exceeding one year, just as in the case of election petitions, for the prosecution of corruption cases from the trial court, Appellate and the Supreme Court while interlocutory appeals should be forbidden. In a similar vein, lawyers who are found to have taken up corruption cases that are very glaring to the judges at the end of the trial must be sanctioned heavily. Money and assets recovered from corrupt officials should be channeled by the government to the provision of public infrastructures even as we challenge Nigerians to henceforth hold their leaders more accountable.

For a better society

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