The Mirage Of Constitutional Reform

Once again, the chorus for constitutional reform has reached a crescendo in Nigeria. This time, “The Patriots” – a group of eminent Nigerians led by former Commonwealth secretary-general Chief Emeka Anyaoku – have taken their plea to the corridors of power. Their mission? To convince President Bola Tinubu that Nigeria desperately needs a new constitution, birthed through a national constituent assembly and validated by a referendum.

If you’re experiencing déjà vu, you’re not alone. We’ve been here before, haven’t we? The cry for a new constitution has been a recurring decimal in our national discourse, as persistent as the call for true federalism and as elusive as the quest for constant electricity. It’s almost as if we believe that all our problems – from insecurity to poverty, from corruption to ethnic tensions – will magically disappear once we have a shiny new constitution.

Don’t get me wrong. I’m not dismissing the importance of having a constitution that truly reflects the aspirations and realities of our diverse nation. But let’s pause momentarily and ask ourselves: Is a new constitution really the panacea for all our woes? Or are we, once again, chasing shadows while ignoring the elephants in the room?

Chief Anyaoku and his compatriots argue that Nigeria, being a pluralistic country, needs a “true federal constitution” to address its diversity effectively. They point to countries such as Canada and India as success stories while warning us about the fate of Yugoslavia, Czechoslovakia, and Sudan – nations that failed to manage their diversity and ended up disintegrating. It’s a compelling argument, no doubt. But it conveniently ignores a crucial fact: even the most perfect constitution is only as good as the people implementing it.

Let’s face it—our problem in Nigeria isn’t really the lack of good laws or a perfect constitution. Our problem is the consistent and often brazen disregard for these laws by those in power and, sadly, even by ordinary citizens.

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We already have laws against corruption, but has that stopped our public officials from treating the national treasury as their personal piggy bank? We have laws stipulating the conduct of free and fair elections, but has that prevented the shameless rigging and violence that often mar our polls?

President Tinubu, in his response to The Patriots, hit the nail on the head when he said, “I am currently preoccupied with economic reform. That is my first priority.” And rightly so. While the chattering class debates the finer points of constitutional amendments, millions of Nigerians are grappling with soaring inflation, unemployment, and a cost of living crisis that has pushed many into abject poverty. These are the real, pressing issues that demand immediate attention.

But here’s where it gets interesting. The president, ever the astute politician, didn’t outrightly reject the idea of constitutional review. Instead, he promised to “look at other options, including constitutional review as you recommended, and other options.” It’s a classic political move – appease the agitators without committing to anything concrete. We’ve seen this dance before, haven’t we?

The Patriots’ proposal for a new constituent assembly is not without merit. They suggest that it should comprise individuals elected on a non-party basis, three from each state and one from the FCT, assisted by seven constitutional lawyers. They also want the assembly to consider the 1960/63 constitutions and the recommendations of various national conferences, including the 2014 National Conference. It sounds thorough and inclusive, doesn’t it?

But here’s the rub: We’ve had similar exercises in the past. Remember the 2014 National Conference? It cost billions of naira, lasted for months, and produced a comprehensive report that has been gathering dust ever since. What guarantee do we have that this new constituent assembly won’t suffer the same fate?

Moreover, the idea of a national referendum to approve the new constitution sounds democratic and appealing. But in a country where electoral manipulation is still a significant concern, can we truly trust the outcome of such a referendum? And even if we manage to conduct a free and fair referendum, what happens if some regions reject the new constitution while others accept it? Are we prepared for the potential fallout?

Let’s also not forget the cost implications of this grand exercise.

At a time when our economy is struggling and we’re drowning in debt, can we really afford the luxury of another expensive constitutional jamboree? When Chief Anyaoku was asked about this, he brushed off the concern, saying he doesn’t believe the cost is too high given the challenges facing the country. It’s easy to make such statements when you’re not the one footing the bill, isn’t it?

Don’t get me wrong. I’m not against constitutional reform per se. But I believe we need to be realistic about what a new constitution can and cannot achieve. A new constitution won’t suddenly make our leaders more accountable or our citizens more law-abiding. It won’t miraculously end corruption or solve our economic woes. These require a fundamental change in our national psyche, a reorientation of our values, and a renewed commitment to the rule of law.

What we need more urgently is not a new constitution but a new attitude. We need leaders who respect the laws we already have and who govern with transparency and accountability. We need citizens who understand their rights and responsibilities and are willing to hold their leaders accountable. We need strong and independent institutions, capable of enforcing the law without fear or favour.

As we continue this never-ending debate about constitutional reform, let’s not lose sight of the more pressing issues. Let’s focus on building a robust economy, creating jobs, improving our healthcare and education systems, and ensuring the security of life and property. These are the real issues that affect Nigerians’ everyday lives.

If we can get these fundamentals right and build a society where the rule of law reigns supreme and where every citizen has a fair shot at success, then maybe – just maybe – we won’t need to keep chasing the mirage of a perfect constitution. At the end of the day, it’s not the constitution that makes a nation great; it’s the character of its people and the quality of its leadership.