Nigeria’s leaders who gathered in Abuja for a national conference, are now divided over the type of Constitution the country should adopt.
While some have said the country needs a new constitution, others have said the 1999 constitution is not the problem, but its application.
Former President Olusegun Obasanjo on Wednesday said whatever the strengths or weakness of a constitution, the most important issue is the operators of the law.
Obasanjo’s comment was backed by the spokesman of the Northern Elders’ Forum, Dr Hakeem Baba-Ahmed, who said a new constitution is not possible.
“It’s not possible to produce a new constitution now…” Baba-Ahmed said during his presentation.
But a former Commonwealth secretary general and chairman of The Patriots, Emeka Anyaoku; a former governor of Akwa Ibom State, Victor Attah, and others have insisted that the country needs a new constitution that reflects the people’s needs and yearnings.
But Obasanjo said that, based on his experience operating the constitution, he would be the first to point out some areas of the law that need amendment.
The former president said no matter whatever changes are made to the Nigerian constitution, if its operators for the past one and a half decades remain unchanged, the welfare of Nigerians would continue to be sacrificed on the altar of selfishness, self-centeredness, corruption, and impunity, among others.
Obasanjo made this submission at the National Constitutional Summit organised by eminent national leaders of thought called the The Patriots, in Abuja Wednesday under the
theme “Actualising a Constitutional Democracy that Works for All in Nigeria.”
Obasanjo, whose remarks were read by the secretary general of The Patriots, Hon. Olawale Okunniyi, said the best constitution could be perverted and distorted by the operators as experienced all over Africa, with Nigeria not exempted.
“From my experience in operating our Constitution, I will be the first to point out some areas of our Constitution that need amendment. However, for me, no Constitution can ever be regarded as perfect.
“But whatever the strengths or weakness of a Constitution, the most important issue, in my own understanding and experience, is the operators of the Constitution. At this crucial time, the operators matter more and the searchlight should be on them. When we get the right operators, they will give us the amended or new Constitution close to what we need, to make every Nigerian a proud stakeholder in Project Nigeria.”
However, former Akwa Ibom State Governor Victor Attah contended that the 1999 Constitution was not a people’s constitution but a military decree imposed without the people’s consent.
According to Attah, the 1963 Constitution, which the military suspended, was the last lawful expression of the people’s collective will.
Attah said, “The 1999 Constitution was not a people’s constitution. It was a military decree imposed without the people’s consent. The military suspended the 1963 Constitution, which remains the last legal expression of our people’s collective will and agreed-upon terms and conditions for staying together.
“That Constitution was suspended; it was never repealed, proscribed or abrogated. At the end, rather than lift the suspension and restore our legitimate constitution, it was instead replaced with a fraudulent document that begins with the lie: “We the people.”
This is no democracy; poll results are manipulated – Attah
Attah questioned Nigeria’s democracy, claiming that election results are determined by undemocratic means rather than the ballot.
“This is not democracy. This is elite authoritarianism with scant democratic decoration. And the people know it. That is why voter turnout declines. That is why trust in the government is dead,” Attah said.
On what the new constitution must fix, the former Akwa Ibom State governor said sovereignty must return to the people,
“We must get rid of this unitary system and reinstate the federal system of governance that our founding fathers had agreed to.”
He added that the summit will be successful if it answers the question of the relationship between the nations that form Nigeria working; if the constitution was helping the nationalities to unite, coexist peacefully, and prosper and the type of constitution as well as if the political system was inclusive and delivering accountable governance and promoting national progress.
“If we cannot honestly face these questions and leave here with a clear strategy, timeline and commitment to change, then this summit, with all its good intentions, would have been a tragic waste of opportunity.
“We must not be afraid to change. We must rather be afraid not to change. Nigeria’s unity will only be preserved through fairness and justice, not force or fear. And if we miss this opportunity, the next chapter may be one of irreversible fragmentation. I believe, and I know many of you also believe, that time is running out,” Attah said.
We need an inclusive, federal constitution – Obi of Onitsha
Also speaking, the Obi of Onitsha, Igwe Nnaemeka Alfred Achebe, called for a constitution that promotes inclusivity, accountability, federalism with devolution of power and security.
The monarch who spoke through Okunniyi emphasised that the constitution must be inclusive, ensuring that every Nigerian has a voice and opportunity to contribute to the nation’s growth and development.
“We must establish a system that will promote accountability, transparency, and good governance. A truly federal system with adequate checks and balances, and devolution of power that will allow for regional autonomy, encourage innovation and progress at the local level, and ensure that power is not concentrated in one entity.
“Our constitution should prioritise the safety and security of Nigerians, addressing pressing issues like internal insecurity, and ensuring that our nation is protected and stable. Nigerians, addressing pressing issues like internal insecurity, and ensuring that our nation is protected and stable,” he said.
The Obi also stressed the need for the constitution to prioritise the well-being of Nigerians, ensure a level playing field for all citizens, and address pressing issues like hunger, poverty, illiteracy, and disease.
Needed: A Constitution that addresses our yearnings – Anyaoku
In his address, former Commonwealth Secretary General and Chairman of The Patriots Emeka Anyaoku said the country needs a new constitution that reflects the people’s needs and yearnings.
“As a background to this summit, it is important to state the following indisputable facts that are recognised by all citizens, except, of course, those who want to continue to live in denial. Nigeria is a pluralistic country, like all successful pluralistic countries around the world. For its political stability and maximal development, the constitution must address its pluralism being formulated by elected representatives of its diverse peoples,” he said.
Anyaoku further said the constitution was not democratically formulated but imposed on the country through a military decree, and the governance system derived from it is not only non-inclusive but also induces over-expenditure of the country’s resources on administration rather than on capital development.
He said: “There are incontrovertible facts about the current situation in our country which is serious insecurity of life and property with kidnappings and killings happening virtually every day in most parts of the country especially in the middle belt, the north-east and the north-west regions where not only huge numbers of life and property are regularly lost, but also farmers are no longer able to go to their farms thereby impacting adversely on the country’s food supply.”
Anyaoku also said Nigeria has become the poverty capital of the world, with the levels of poverty and suffering among the citizens rising instead of diminishing.
He stressed the need for national unity within the pluralistic country that is still struggling to become a nation, saying; “Hopelessness and lack of confidence in the future among the growing population of the young people, and overall, the present 36 federating units are obviously incapable of generating and sustaining the pace of national development achieved in the early years of the country’s independence.
“To those who say that the fate of a country depends primarily on its leadership, I say that the constitution from which the system of governance is derived largely determines the character of the people who get elected or appointed to govern the country from the three arms of government,” he added.
Similarly, a former governor of Sokoto state, Senator Aminu Tambuwal, said the nation is at a crossroads. Citizens currently find themselves at a critical juncture that defines their future direction.
Represented by Bello Suleiman, the former speaker of the House of Representatives, said over time, the organisational structure of the nation and the fundamental framework of governance have faced significant challenges in adequately reflecting the rich diversity of Nigerians.
“Collectively, we are committed to undertaking the vital task of diagnosing the constitutional challenges that Nigeria currently faces. Listening attentively to the diverse voices of Nigerians, ensuring that not only the loudest or most powerful are heard but also those from every region, every age group and every walk of life.
“Ultimately, drafting and presenting a legislative bill for a new constitution created by the people will not involve simple amendments or superficial modifications with the objective to bring about profound and transformative change.
“To those who doubted that this moment would come, or that such a coalition of serious minds could be summoned in these challenging times, we say Nigeria is not short of patriots, it is short of platforms.”
For his part, the former governor of Ogun State, Senator Gbenga Daniel, emphasised that the summit was a citizen-driven constitutional intervention stemming from years of relentless advocacy, extensive consultations, and a growing sense of public urgency for change.
Also, a former minister of information, Labaran Maku, said Nigeria could not work based on the way the present constitution is designed, especially the governance structure, emphasising the need for amendment.
Maku said that with the present structure, “the president of Nigeria today is stronger than a military dictator in Nigeria… We are looking at a structure of putting one man who will be responsible for everything, and when that man makes a mistake, the country goes down with him.
“I think we have the right to bring in the prime minister. We have a president who will be elected. We have a prime minister who will come from the legislative elections. In that way, we can dispatch power. The president may be in one section. The prime minister will come from another. It enhances the capacity for development and national unity.”
He said that, apart from the issues of women’s inclusion and others raised, Nigeria needs to examine the 1963 constitution more closely, particularly when it comes to mobilising resources for national development.
“We need to restructure our country into regions, and bring the states under regional administration. That will enhance economic mobilisation of resources, men and material for national development. In addition to this, I also know that women are advocating a lot about national resource management. I think, honestly, that federating units should retain more resources at the local level for development.”
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