The Nigerian people have been dealt a double whammy, in the closing days of the Jonathan presidency. As things stand, both the new constitution from the Jonathan’s national conference and the national assembly arranged fourth constitutional amendment,may become relics of our political history. Tragically, the relics would have been accumulated at humongous costs to the tax payers. While the legislative enterprise cost about 4 billion naira, the executive business is said to cost not less than 7 billion naira. The monies were substantially spent to smother our duplicitous political elites; who gathered at the variously organised jamborees, even as the organizers appear to know they were merely playing poker, with our commonwealth.
With the presidency and national assembly controlled by the same political party, the Peoples Democratic Party (PDP);it is a measure of the party’s lack of discipline that they choose to work at cross purposes. President Jonathan’s so called master stroke – the constitutional conference, has now turned out a mere smoke bubble. Yet at that time, the hopes of long suffering Nigerians were heightened that at last, Nigeria was about to have something close toan autochthonous constitution. Even when the president choose to heavily induce the selected members, with sums that beggars any patriotism, (a whopping 12 million naira, per person), many still invested hope in the conference.
On their part the national assembly which refused to give a legislative imprimatur to the conference, also refused to entertain any budgetary allowance for it. To show to what dubious use the so called executive-wide votes can be put, Jonathan’s men were able to raise the billionsneeded to excessively pay-off, the 492 conferees, which this column called thenan ensnarement into “the gang of national treasury looters”. Because the tension which had risen following President Jonathan’s determined presidential ambition, suddenly ricocheted, as the selected troublesome elites busied themselves with sharing the billions; Bishop Matthew Kukah made the famous quip, that Jonathan has dealt his opponents ‘a master stroke’.
As may be obvious now, the Jonathan’s master stroke was only successfully aimed against the national patrimony. Meanwhile, the quality of the men and women gathered by Jonathan, gave many the hope that something positive may yet come out of the exercise. After several weeks, the conference submitted a report which commentators claimed would revolutionize the political and socio-economic laws of the country; which no doubt is more unitary than federal. Unfortunately, instead of Jonathan’s presidency moving with speed to implement the recommendations that require mere executive actions, and also submit a bill on others to the national assembly, it choose to set up another committee over that report. Of course, all efforts to get Nigerians to give Jonathan a second term, with a promise to implement the recommendations if re-elected,have turned a mirage.
On their part, with a mind-set, to cut the executive to size; the legislature in complete disregard to the fundamental principle of appropriation, also dug its heavy hand into the treasury, and with 4 billion in their pockets, they set-outon a nation-wide consultation (some called it a frolic), towards a fourth amendment of the 1999 constitution.In the particular effort of the lower chamber of the national assembly, a mini-conference was organized under the suzerainty of each Representative, to garner what they touted were the preferences of the people, from a list determined by the House. The senate also arrogantly set their minds to determine what the people wanted, as they organized town hall meetingswith their acolytes, which they passed-off as consultations.
Pretending to be the only patriots, the national assembly members went ahead to fashion a fourth amendment, in their own image. One of the major highlights is the provision of mind boggling luxury for their principle officers, at retirement. They did not spare a thought about being one of the highest paid legislature in the world;which according to some sources, amounts to about 25% of the annual national budget. Having flagrantly over the years usurped the powers of anexecutive body, the Revenue Mobilisation Allocation and Fiscal Commission, the gamers at the national assembly also tried to chip-off more powers from the executive;in further defiance of the fundamental principles of separation of powers, which is the bedrock of a presidential system of government.
Just as the current regime is about to wind up, it has become evident that the 7th legislative house and the Jonathan executive,would jointly and severally carry home the moral baggage that goes with their respective ill-fated expensive jolly rides.While the legislature early enough sought to make a mockery of the constitutional conference, by refusing to gift it, a legal premise; the Jonathan presidency waited for its dying days to hand over to the legislature, a mock exam in constitutionalism. With clear malice against each other, the two prodigals have submitted their petty quarrel to the Supreme Court for adjudication.
I support the intervention of the learned silk, Femi Falana (SAN), urging the national assembly and the presidency to come down from their high horses, and immediately seek a compromise in the interest of Nigerians. Eating such humble pie would enable the country gain a modicum of reform, if for instance, some provisions of chapter 11 of the 1999 constitution, dealing with fundamental objectives and directive principle of state policy,gains justiciability under the fourth amendment. At least, it would reduce the resources that would be available for more prodigality,in case the 8th national assembly retains their predecessor’s DNA. If for instance education is made a fundamental right, then there will be less resources for the executive to steal or mismanage. President Jonathan with few enduring legacies, should consider reaching a compromise with the legislators, instead of the double dealings against greater national interests.
