House of Representatives recently organised in Abuja a national public hearing on the ongoing constitution review. The previous review process by past leadership had delivered so little despite high hopes at the end of the day. But only time will tell if this exercise will not be another waste of public funds as witnessed in previous Assemblies. Adedayo Akinwale reports.
Since the advent of the Fourth Republic on May 29, 1999, several attempts have been made to amend the 1999 Constitution of the Federal Republic of Nigeria. Political leaders, legal experts and public affairs analysts are of the opinion that the 1999 constitution was handed over to the country by the military and by all standards, it’s a bad document that must be discarded in its entirety.
But some have also argued that while the 1999 constitution is a product of the military, there are aspects of the constitution that are good while some others need to be amended to be able to respond to the current realities and challenges of the moment.
It was against this background that from the Fifth Assembly, efforts have been made to improve the constitution through various amendments. Ever since, each Assembly has initiated a constitutional review process. Unfortunately, it has been turned into a cash cow which each Assembly always looks forward to.
It is on record that a whooping sum of N1 billion is budgeted for the process by each Assembly. This humongous amount is however different from some extra funds released to the committee for unforeseen expenditure which has continued to be shrouded in secrecy.
Be that as it may, checks revealed that between 2011 and now, over ₦12.85 billion has been spent on constitutional amendments. Yet not much progress has been recorded.
For instance, the infamous failed third-term agenda of 2006, the lacklustre 2011 and 2021 exercises, have left many Nigerians skeptical. Little wonder, Nigerians are less enthusiastic about the ongoing process.
Another major impediment that has limited the success of previous constitutional review process is the inability to secure the two third of States Assembly votes for the alteration of some important aspect of the 1999 constitution.
Speaking at the national public hearing on the ongoing constitution review organised by the House of Representatives last week, President Bola Tinubu said the constitution must continually respond to the realities, aspirations, and challenges of the people.
He noted that the ongoing process provides another opportunity to strengthen the country’s institutions, deepen federalism, guarantee fundamental rights, and promote justice, equity, and accountability across all spheres of national life.
Nevertheless, the Constitutional Review Committee disclosed that it has a compendium of 87 proposed amendment bills. With each a response to the felt needs and expressed desires of the Nigerian people.
One of the major proposals for consideration is the devolution of powers. The bill to move policing from the Exclusive to the Concurrent List. This will enable the creation of state and community police forces. The executive is committed to see the Bill through due to the insecurity ravaging the country. To many Nigerians, it is a direct response to the clarion call for localised solutions to our security challenges.
In addition, proposed bills which aim to tackle the long-standing issue of local government autonomy are also up for consideration. The bills seek to guarantee the financial and administrative independence of local governments, ensuring that development is not an abstract concept dictated from afar, but a tangible reality in the communities.
Also, the ongoing process would consider extensive electoral reforms, including proposals for independent candidacy, the establishment of an Electoral Offences Commission, and a fixed timeline for the determination of pre-election matters to ensure that the will of the people is never again subverted by legal technicalities.
The reserved seats for women proposal Bill is also up for consideration. This is aimed at creating additional seats in the National Assembly and State Assemblies to ensure that every state and senatorial district has women’s voices in lawmaking.
Speaker of the House of Representatives, Hon. Tajudeen Abbas, while commenting on the gender issue said: “This is not tokenism but a constitutional mechanism to accelerate gender inclusion until structural barriers are dismantled.”
He explained that another amendment requires a minimum threshold of women in ministerial appointments to ensure gender balance. These measures, the Speaker said, will make the country’s democracy more representative, the nation’s policies more responsive, and the country more just.
Abbas pledged that the House would conclude the process in a timely manner.
According to him: “Nigerians are weary of constitutional reforms that drag on for years, losing momentum and eroding public trust. We recognise that, after the National Assembly votes on these bills, the State Houses of Assembly must also consider and approve them under Section 9 of the Constitution.
“To honour this requirement, we have set clear timelines. We intend to vote on the proposals expeditiously and to transmit them promptly to the State Houses of Assembly so that concurrence can be secured within the current legislative session.
“Reform delayed is reform denied, and Nigerians deserve clarity and closure. By acting decisively, we give the States enough time to debate, deliberate, and endorse the people’s will without the pressure of electoral calendars or political distractions.”
On his part, Deputy Speaker and Chairman, Constitutional Review Committee, Hon. Ben Kalu was of the opinion that the challenges of the 21st century demand a constitution that is not an artifact of the past, but a dynamic blueprint for the future.
According to him, it must be a constitution that is not only legal but also legitimate; one that commands the respect and allegiance of every citizen because they see their hopes, their values, and their fundamental rights reflected in its text.
Kalu, however, clarified that the items and amendment proposals before the assembly are not yet laws. He said at this stage, they are proposals, suggestions, and ideas that have emerged through one of the most inclusive and participatory exercises in Nigeria’s constitutional history.
He explained that the National Public Hearing was the last window of opportunity for those who, for any reason, might have missed the regional sessions.
Speaking on behalf of the Conference of Speakers, Speaker of Bauchi state House of Assembly, Hon Abubakar Suleiman, said the constitution of any nation is the supreme guide and the living framework through which citizens, institutions and government interact.
He said Nigeria’s experience has shown that no constitution is ever perfect or minor, saying it must remain a work in progress, evolving to the realities, aspirations and challenges of the people it governs.
Suleiman noted that the state Houses of Assembly as critical partners in the constitutional amendment process play a vital role in ensuring that whatever reforms emerge from this process do not remain at the level of debate in Abuja, but are ratified, domesticated and implemented across the states.
He noted: “We must be frank in acknowledging that Nigeria yearns for a constitution that deepens democracy, guarantees equity and justice, strengthens issues and above all, addresses the pressing needs of security, development and accountability.
“In this process, we will continue to ensure that the voices of states are heard and that the reforms agreed upon here are given the necessary ratification across our 36 assemblies.”
In her submission, Deputy British High Commissioner to Nigeria, Mrs. Gill Lever said the United Kingdom understood that the constitution amendment presents a rare opportunity to strengthen institutions and reflect the changing needs of society.
She added that the UK was encouraged by the special or reserved seats which seek to enhance women’s representation in the Parliament, saying the bill is a major step towards more inclusive representation.
Lever stressed that around the world, they have seen how increased participation of women in governance leads to more equitable decision making, stronger democratic outcomes, more peace, less conflict, and increased economic growth and prosperity.
With the pledge by the 10th House and by extension the National Assembly to complete the process in a timely manner without impeding on the electoral calendar, Nigerians are cautiously watching and waiting to see if the process is another waste of resources and exercise in futility or the legislative arm will come through this time around.
