State houses of Assembly are expected to receive reports of the ongoing process by the Senate and the House of Representatives Joint Committee on the Review of the 1999 Constitution (as amended) by December this year. KUNLE ODEREMI writes on pertinent issues that have played out so far and the clamour for a popular constitutional framework.
AS the 2027 general election moves closer, the battle for the soul of the country is assuming a dizzying affair. The frenetic attempts by the major political gladiators are becoming more electrifying through issues ranging from the serious to the mundane. One of the most striking amid the issues on the front burner is the ongoing fresh efforts to amend the 1999 Constitution, which has been roundly vilified by a preponderance of experts and legion of mass-based pro-democracy and professional organizations.
From the Obasanjo presidency to the current Tinubu administration, strident calls for a holistic review of the constitution have subsisted. The demand is underscored by the fact that Nigeria since 1999, the National Assembly made five different attempts to review the Constitution of the Federal Republic of Nigeria, 1999 (as amended) that resulted in some amendments in the constitution. Some of the amendments were lost on the altar of political gerrymandering and fistic hold of a section of the ruling elites.
From Tuesday, a former Secretary General of the Commonwealth, Chief EmekaAnyaoku is leading other elder statesmen and leaders of thought to a national constitutional summit on the future democracy in Nigeria. The gathering is coming as the House of Representatives Committee on Constitution Review joins in conducting zonal public hearings across the six zones of the country. The zonal exercise of the House will be rounded off on July 20, to pave way for a national public hearing on July 21, in Abuja.
Apparently, the public hearings held by the Senate set the template for that of the House, judging by the character of core issues thrown up at the various zones during the recent two-day exercise. Request for the creation of more states, local government areas took a preeminent position on the menu of the representatives of the constituent units of the ‘federation.’
Will the ongoing frenzy culminate into a widely accepted constitution for Nigeria shortly? How holistic are the renewed efforts to amend or review the grundnorm towards achieving that ultimate desire of the peoples of Nigeria? To what extent is the sincerity of purpose of the various forces behind the frantic search for what some concerned individuals and vested interests have dubbed a Peoples’ Constitution for the country.
These and many other posers are agitating the minds of most critical stakeholders in the project called Nigeria. It is one country that is so much endowed with human and material resources. Yet, the most populous black nation has either stagnated or fumbled and wobbled in most departments of human endeavours and key human development indices for decades, due to what a lot of Nigerians ascribe as the convoluted federal arrangement that others, for the want of an apt description, a quasi-unitary system of government. In their opinion, virtually all the gains accruing from the Parliamentary system of government at post-colonial period from 1960 to 1966 have turned into a nightmare or folklore.
Who possesses the ace?
Apart from the socioeconomic issues are other critical challenges slowing down the process Nigeria attaining nationhood. Some of these fundamental issues are begging to be firmly confronted and addressed. The list include electoral reforms and adjudication; judicial reforms focused on case management and administration; enhancement to local government administration, involvement of traditional institutions in contemporary governance, ensuring gender equity and inclusion in governance; devolution and distribution of powers and concerns related to security and policing. Most of the issues formed part of the agenda of the previous moves to amend the constitution but met a stone wall. Thus, the South-West zonal public hearing conducted in Lagos by the Senate tried to situate the issues in a proper perspective. Incidentally, the majority of the key stakeholders who have a greater role to play in making inputs into the much-sought after widely acceptable constitution were at the public hearing. They included governors, a class of the ruling elite that has keyed into the clamour for devolution of powers from the centre and enhanced autonomy for states as a federating unit. The participants also comprised traditional rulers who have consistently demanded for a constitutional role. The presence of the governors was also instructive given their stranglehold on the legislative arm of government at the state level. Coupled with this is the crisis of confidence over their role and relationship with the local governments, the closest level of government to the grassroots level.
Constitutional hamstring
In making laws for the country, the constitution provides for concurrence between the Senate and the House of Representatives. In other circumstances, the National Assembly will require two-thirds of the backing of state Houses of Assembly for a law to scale through, and if the consent of governors. The Leader of the Senate, OpeyemiBamidele and Vice Chairman on the Review of the 1999 Constitution stood in for the deputy president of the Senate and Chairman of the Senate Committee, Senator Barau I. Jibrin. Jubrin believes that past amendments fell short of tackling some fundamental issues of national importance confronting the federation and underlined the need “to come up with a constitution that will address the fundamental issues confronting Nigeria. In response to the demands of Nigerians, the National Assembly has enacted five amendments to the Constitution, known as the 1st, 2nd, 3rd, 4th, and 5th Alteration Acts.
“These amendments tackle various issues related to good governance, institutional strengthening, and national aspirations. However, several fundamental issues of national importance remain unresolved, requiring more than just routine law-making by the National Assembly and State Houses of Assembly. These issues continue to dominate public discourse with many Nigerians advocating for legislative action to address them. We received hundreds of memoranda addressing key issues that have not yet been resolved by the previous amendments, mainly due to a lack of national consensus and the evolving dynamics of modern governance.” According to Jubrin, the Committee “has carefully reviewed and drafted all the memoranda that we have into bills. We are now presenting them to you all for further input and discussion. Members of the committee hold no preconceived opinions to impose upon you but are committed to being guided by legislative practices grounded in the highest ethical standards, integrity, open-mindedness, and patriotism.”
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Political arm-twist
For now, all eyes are on the governors in the ongoing process of the constitution. The stalemate over the implementation of the judgment of the Supreme Court granting autonomy to local governments in the country has become an albatross for the state chief executives. But in his capacity as the chairman of the governors’ forum in the South-West, Governor BabajideSanwo-Olu is conscious of the challenges confronting the Nigerian federation, among which he listed as the pursuit of genuine federalism and the devolution of powers; empowering and enhancing our local governments. Others are establishing new states to bring governance closer to the people; reforming the electoral and judicial systems, boosting the involvement of women and youth in the political landscape and ensuring the security and welfare of the citizens, including the crucial discussions around state policing. According to him, the challenges go beyond just constitutional concerns; they strike at the heart of what it means to be Nigerian. They reflect shared aspiration for a fairer, more equitable, and thriving nation. He emphasized: “The Constitution is the foundation of our democracy, outlining our rights, responsibilities, and the very framework of our governance. As we embark on this critical process of reviewing our constitution, we must be guided by the principles of inclusiveness, equity, and justice. It is crucial that we listen to everyone—men and women, young and old, from all corners of our communities. Their hopes, worries, and dreams should shape the amendments that come out of this process. We must be guided by the principles of inclusiveness, equity, and justice. It is crucial that we listen to everyone—men and women, young and old, from all corners of our communities. Their hopes, worries, and dreams should shape the amendments that come out of this process.”
Main obstacles
Beyond giving the public the opportunity to vent their wishes and aspirations on the kind of constitution they want is another important factor. This is in relation to the role the people should play after the project would go through the furnace of the National assembly. This crucial role is conveyed by the Leader of the Senate, Senator Bamidele, who said the onus is on the other stakeholders to remain focused and determined once the report of the review committee is transmitted to all state Houses of Assembly before December 2025. “We have completed the public hearing. We are now returning to Abuja to prepare our report. Part of our time table is to have final notifications before the end of the year and transmit our report to all state assemblies. This will round the process of the constitution review,” he stated. He noted that the constitution review “is not a jamboree contrary to some dissenting views across the federation. Rather, it is designed to make consequential reforms that can guarantee our collective prosperity, more efficient governance structure and sustainable development.” Bamidele asserted that the role of the National Assembly would be a waste if all the amendments proposed by the stakeholders were not approved by the two-third of state assemblies. He advised stakeholders across the country to engage in intense lobbying of state assemblies to secure basic requirements for the successful amendment of the 1999 Constitution. This, he said, is because, “There is nothing the National Assembly can do without a two-thirds approval of all proposals by the state legislatures. All stakeholders must work with their lawmakers at the state level. We must appreciate the role of state assemblies to ensure the passage of the proposals into laws. State assemblies are part of the process,” he said. “The state assemblies are already anticipating the report of the constitution review from the National Assembly. They are not waiting for the report alone. They are also part of the constitution review process. I do not envisage any problem from the state assemblies. Therefore, we are advising all the stakeholders who are also looking for special considerations to extend their advocacies to the state assemblies. It is not just about them as elected representatives, but as representatives of people who elected them. People should be aware when they are making decisions to be sure that they are also doing so in consonance with the wishes of their constituents.”
State assemblies
How far can state Houses of Assembly go this time in making sure the processes of the reforms and amendments go unimpeded? To what extent will they exhibit the courage and candour to do the needful, without recourse to the whims and caprices of the executive arm of government? Public perception of the degree of independence, control and authority of the state Assemblies is generally considered low, abysmal and dispiriting. However, the Chairman, Conference of Speakers of State Legislatures of Nigeria, who doubles as Speaker, Oyo State Assembly, HonourableDeboOgundoyin, appears not lost to such political undercurrents. In pushing for power devolution, Ogundoyin: “Devolution of powers is key to this on-going constitutional amendment by devolving key items from the Exclusive Legislative List to the Concurrent Legislative List in the interest of all. For instance, the removal of the electricity matter from the Exclusive Legislative List has significantly transformed many states’ power sector through independent power supply initiatives. “
State creation
The request for the creation cuts across all the geopolitical zones. In some states, the demand for new states from the existing one ranges between two and three. This in spite of the criticisms that state creation would amount to further balkanization of the country, weaken existing structures, create more fiefdom and empires for demagogues and political merchants living large on common patrimony of the large population of the country. But the agitators for additional states believe it would bring governance nearer to the people, facilitate general development and foster a sense of belonging among the stakeholders. But Ogundoyin supported creation of state police, underscoring the benefits to include improved local security, community policing, decongestion of federal responsibilities, enhanced accountability and employment opportunities.
“Concerning the state police, all the stakeholders will agree with me that the debate over the establishment of state policing has garnered momentum from both supporters and critics. The potential benefits of state police far outweigh the challenges. In essence, what the amendment seeks to address will be the powers, responsibilities and limits of the state police should be clearly defined, provide oversight mechanisms to prevent abuse and design a comprehensive framework for federal and state police to work in harmony to balance power and for effective coordination mechanisms,” the speaker stated.
Sadly, the total number of additional states sought by various interests and groups of individuals across the zones outstrips the existing 36 states; with the natives of the Federal Capital Territory (FCT) make a strong case for the status of a sate for Abuja. It should be recalled that House of Representatives Committee on the Review of the 1999 Constitution once claimed that it received 46 formal requests for the creation of new states, alongside 117 demands for new local government areas across Nigeria. The proposals, submitted by various interest groups, span all six geopolitical zones. And no fewer than 31 requests were canvassed at the Senate zonal public hearings in the six zones of the country. Should Nigerians expect a Nigeria of state structure that surpasses that of the United States, a country that boasts of all the indices of states with viable structure, purposeful leadership, pragmatic political class and conscientious elite? Would a Nigeria with a wieldy state structure resolve the riddle called The National question?