By Editor
ABUJA, Nigeria — The 1999 Federal Republic of Nigeria Constitution has been the subject of repeated attempts by the National Assembly to change it, which has reignited discussions and raised questions about the document’s ability to promote real democratic administration. The extraordinary budget of about N1 billion per year for constitutional amendments—a total of N24.8 billion spent thus far—begs the issue of how these initiatives will affect the country’s system of governance, the Guardian Nigeria Editorial has asserted.
The 1999 Constitution: Its Promise and Reality
The 1999 Constitution, which was first adopted by General Abdulsalami Abubakar in 1999, the Guardian Editorial observed, was designed to provide guidelines for democratic governance. It outlined expectations in a number of areas, including security, the economy, and citizen welfare, as well as governmental obligations, citizen obligations, and electoral procedures. Elected officials separate the civilian system from military regimes by swearing allegiance to its provisions. However, 24 years into democratic rule, many promises contained in the Constitution remain unfulfilled, the Editorial lamented.
Divergence from Constitutional Promises
Failures of the Electoral Process: According to the Editorial, the electoral process has been tainted by manipulation, marginalizing the majority and empowering a small number of people, despite constitutional guarantees of citizen involvement and sovereignty. Elections are dominated by politicians, with the Independent National Electoral Commission (INEC) reduced to an observer position.
Safety and Well-Being Neglect: According to Chapter Two of the Constitution, the main responsibilities of the government are to protect the safety and well-being of the populace. But with kidnappings and attacks on farms and schools putting lives in jeopardy, citizens are facing a rising level of fear, the Guardian Editorial further lamented.
Failing of the Federal Character Principle: In order to maintain national cohesion and prevent any one tribe or area from gaining undue influence, Section 14(3) highlights the federal character. However, nepotism is pervasive, and calls for adherence to this constitutional provision are often disregarded, the Editorial added.
Lame Constitution and Ineffectual Amendments
The Guardian Editorial declared that the 1999 Constitution’s limitations are further exposed with each amendment, rendering it more ineffectual. Lawmakers focus on self-serving changes, avoiding provisions that would strengthen institutions and enhance governance accountability. Despite ample opportunities for testing economic objectives outlined in Section 16, such as securing the maximum welfare of citizens, economic systems promoting social justice, and preventing wealth concentration, these remain unexplored.
Unfulfilled Promises and Emerging Realities
Abandoned Welfare Commitments: Sections 16(1)(a)(b) commits to economic objectives for national prosperity and 16(2)(c) aims to prevent wealth concentration. However, citizens face distressing welfare conditions, with unemployment, inadequate living wages, and other welfare indicators plunging.
Section 15(5) on Abolishing Corruption: The Constitution pledges to abolish corrupt practices, yet abuse of power prevails in various sectors. The gap between constitutional promises and actual governance raises questions about the document’s adequacy.
The Call for a New People-Owned Constitution
Amid piecemeal amendments, stakeholders advocate for a new constitution, considering emerging realities and polarization. There is scepticism over the Deputy Speaker’s claim to draft a new constitution in 24 months, as organizations such as the Nigerian Indigenous Nationalities Alliance for Self-determination (NINAS) are adamant about tearing down the 1999 Constitution.
NINAS Position on Legitimacy
NINAS contends that the National Assembly lacks the legitimacy to amend or create a constitution, labelling the 1999 Constitution a forgery. The group asserts that any attempt to build a new constitution on the foundation of the current one would compound the treason and fraud of 1999.
Beyond Cosmetic Amendments
While substantial resources were invested in updating the Electoral Act, the 2023 elections faced credibility issues. Critics argue that money-intensive piecemeal efforts on an unpopular constitution yield limited impact. Nigerians, they suggest, need far-reaching amendments, such as implementing Justice Uwais’ electoral reform recommendations, having a unicameral/part-time legislature, and activating welfare provisions in Chapter Two.
Conclusion: Toward Genuine Constitutional Transformation
The urgency for Nigeria to end the 1999 Constitution goes beyond mere amendments. To close the gap between expectations and reality and improve the accountability, inclusivity, and responsiveness of governance to the needs of the people, a comprehensive constitutional reform is imperative. The country needs a thorough renovation that is in line with the goals of the people and the values of justice, equity, and democracy. Surface-level adjustments are no longer adequate.
