The alteration of the 1999 constitution has become a regular activity of the National Assembly since the beginning of the current democratic dispensation. At different intervals, the process of amendment has been subjected to public hearings at zonal levels across the country. Evidently, the ongoing review of the constitution has been the most all-embracing, TONY AKOWE reports.
Former President Olusegun Obasanjo is not a man to play with words. While many Nigerians, including leaders, believe that the nation was in dire need of a robust constitution review, the former President is of the view that the nation’s problems have nothing to do with the constitution but the operators of the document.
He believes that while the current constitution is not perfect, it can promote good governance and improve citizens’ welfare if properly implemented. He said a constitution must reflect the history, aspirations and constituents of a nation, adding that no constitution is flawless.
He said: “The best constitution can be perverted and distorted by the operators, and we have experienced that all over Africa. Nigeria is not exempted.
“No matter what you do to the Nigerian constitution, if the operators of the constitution for the past one decade and a half remain unchanged and continue in the same manner, the welfare and wellbeing of Nigerians will continue to be sacrificed on the altar of selfishness.”
Obasanjo said at a critical time, attention must be placed on the operators of the constitution to ensure integrity, honesty and respect for the rule of law.
His views gained the support of Abia State governor, Alex Otti, who believes that the review of the constitution provides an opportunity to further interrogate the system and evaluate what they need to change to steer their country in the right direction.
Speaking through his Deputy, Ikechukwu Emetu, Governor Otti said whatever political leaning or other convictions one belongs to, the country is for all its citizens to build. He added that the responsibility cannot be transferred to citizens of other countries to do on their behalf.
Otti said: “Our target should not be to create a perfect constitution. While perfection would be the ideal thing to aspire to, the truth remains that we will do better by focusing on what is practical within the context of our democratic evolution, economic realities and social dynamics.
“What I think we should rather seek at this point is to build on the gains that have been made over the past 26 years since the present Constitution came into effect.”
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But unlike Obasanjo, Otti would rather not blame those that have implemented the document so far, saying “there are too many gaps and ambiguities in the 1999 Constitution that are being exploited by different stakeholder groups to advance interests that are not entirely altruistic in scope.
“Even then, I am also cautious when blaming those who left the scene almost 30 years ago for the problems of today. My view is that we now have sufficient governance experience to determine what is not working and make changes as may be relevant from time to time.
“I am aware that since 2010, the 1999 Constitution has undergone five epochs of alterations in response to demands for structural changes by Nigerians.
“Going through the whole nine yards of constitution amendment at five times over a 15-year period speaks to our evolving desire to change our national experience by periodically tinkering with the Supreme Laws of the land.
“We must congratulate ourselves for not being afraid to test the system and brave the odds to make some much-needed changes”.
Former Secretary General of the Commonwealth, Chief Emeka Anyaoku, believes there is a need for the country to have what he called a new pluralistic constitution. He said what is needed is “a Constitution that would be in sync with the Constitution of the United States; a constitution of successful pluralistic countries around the world”.
In apparent reference to Obasanjo’s comment, Anyaoku said “to those who say that the fate of a country depends primarily on its leadership, I say that the constitution from which the system of governance is derived largely determines the character of the people who get elected or appointed to govern the country from the three arms of the government.
Anyaoku said: “First, Nigeria is a pluralistic country, and like all successful pluralistic countries around the world, for its stability and maximal development, its constitution must address its own problems.
“Second, it must address its pluralism by being formulated by elected representatives of its diverse people. Our present 1999 Constitution, as amended, is not such a constitution. It was not democratically formulated. It was instead imposed on the country through a decree by the military administration.
“The governance system derived from it is not only non-inclusive but also induces over-expectation of the nation’s resources on administration rather than on capital development.
“As a result, what we see is our nation’s need for a new constitution. This is the need for a new constitution, but this is a matter to be made by the people of our country.”
Deputy Speaker and Chairman of the constitution review, Benjamin Kalu, said the strength of the nation’s democracy lies not in the pronouncements of lawmakers alone, but in the active participation of the people.
He said: “Your robust contributions will ensure that the constitution we produce is not just a legal document, but a social contract: one that reflects the hopes and values of all Nigerians.
“As we look ahead, let us remember: Constitution reform is not an event but a process. The bills we debate today will be debated in plenary, harmonised with the Senate, and transmitted to the State Houses of Assembly for final approval.
“Only with your continued engagement, your vigilance and your advocacy can we ensure that these reforms are not just passed, but implemented in letter and spirit.
“Nigeria’s greatness lies in its ability to have difficult conversations, to listen, to debate, and to find common ground. Today, in Owerri, we continue that noble tradition.
“To the people of Abia and Imo, your ideas matter. Your voices matter. Your future matters.”
State creation
Speaking on the agitation for the creation of additional states, Governor Otti said: “I am aware that proposals for the creation of new states were received by the National Assembly prior to this time.
“While I respect the rights of those who believe that the creation of new states would address concerns of marginalisation and exclusion of some ethnic and religious groups in the current structure in some parts of the country, I am more concerned about the additional burden these proposals, if adopted, would add to the lean resources of the nation through the multiplication of administrative costs and further bloating of an oversized bureaucracy.
“Except we can magically find independent sources of financing the new states outside what currently exists, I do not share the optimism of those promoting the idea of adding new states to the current 36-state structure.
“My recommendation would be the development of an inclusive governance model in the states, one that gives every major clan a say in the allocation of resources, a seat at the decision-making table and the structural leverage to advance their political and economic interests”.
He believes that rather than agitate for additional states, Nigerians should be more concerned about improving the economic structure of the states, creating jobs for the young people outside the civil service and making the welfare of the common man a priority. He added that the current system is too elite-driven to be functional, saying that it is high time ordinary people were placed at the centre of decision-making.
State police
Governor Otti believes that the current realities in the country have made the issue of state police a matter of urgent national priority.
He said: “The current exclusive federal policing system is largely inadequate and has exposed our people to a litany of vulnerabilities over the years.
“So, I would vote for the creation of state police but with a proviso that standards be clearly defined as it relates to leadership, relationship with federal and other sub-national policing structures, recruitments, accountability and respect for human rights”.
Imo State Governor, Hope Uzodinma, is also in support of state police.
He said: “In addition, the time has come for us to take decisive steps on state police. The current centralised policing structure is overstretched and often disconnected from local realities.
“As the Chairman of the Progressive Governors’ Forum, I can confirm that we support the decentralisation of the police for greater responsiveness and effectiveness.
“The fear that governors will misuse such a force is unfounded and frankly outdated. We cannot allow the past to paralyse the future when our citizens are crying out for safety and order at the grassroots”.
Proponents of state police believe that the current structure of the Nigeria Police is over-centralised and overly bureaucratic. They argued that the current structure is impeding quick response to security threats.
Some have argued that each state has its peculiar security concerns, terrain and culture and would therefore be wise for states to have their police service that can be shaped and driven by leadership at the local level so that they are fit for purpose.
But there are concerns raised against such an idea. These concerns centre on state governors’ possible use of state- owned policemen against political opponents.
One of the people with such concerns is the Inspector General of Police, Kayode Egbetokun, who believes that rather than create state police, the Nigerian Police Force should be strengthened and well-funded to carry out its constitutional responsibility effectively.
Egbetokun said: “One of the most pressing and controversial issues under discussion today is the proposal to amend the constitution to allow for the establishment of state police, including the evaluation of HB 617, which seeks to provide legislative authority for this.
“Let me state unequivocally that the National Police Force acknowledges the rationale behind the demand for state police, including the desire for locally responsive policing, quicker reaction to community-level threats, and decentralised law enforcement presence.
“However, our assessment based on current political, institutional and socioeconomic realities suggests that Nigeria is not yet decisionally or politically prepared for the initialisation of police powers to the state level.
“Key concerns include the possibility of political misuse of police powers at the state level, lack of funding capacity by most states to maintain and equip a state control force, the potential for fragmentation of national security, intelligence and command, and the absence of a regulatory architecture to ensure standard and operational cohesion.
“Instead of fragmenting our policy authority, we propose that the focus of constitutional and legislative reform be directed towards strengthening the Nigerian Police Force through improved funding and autonomy, establishing state and community policing frameworks under the Nigerian Police Force’s provision, standardising recruitment, training and discipline across all policing functions.
“We urge the National Assembly to consider legislative reforms that prioritise enhanced federal policing capacity while allowing for structured auxiliary support from sub-national units under strict constitutional and operational safeguards”.
But Debo Ogundoyin, Chairman of the Conference of Speakers of the 36 state Houses of Assembly and Speaker of the Oyo State House of Assembly, thinks otherwise. Ogundoyin said the state Houses of Assembly have an unwavering commitment to strengthen the nation’s security institutions and will continue to inspire confidence in the connected resolve to safeguard this nation. He said: “As the Speakers of Houses of Assembly nationwide, we know exactly where the issue pinches when it comes to security, because we all face different types of insecurity in our various states.
“As presiding officers of the 36th State House of Assembly, we are first-hand witnesses to the alarming toll that insecurity continues to exact on our lives, livelihood and government.
“From insurgency in the Northeast, banditry and kidnapping in the Northwest and North Central to herders and farmers clashes in the North Central and also across the South, which directly affects food security, which is another issue that is very important for us to address and protect.
“Therefore, this is an opportunity to align our legislative priorities with the realities faced by our people, ensuring that the constitutional and legal frameworks of security evolve to be the present and future challenges of the Nigerian police force and other agencies who despite working under extremely challenging conditions continue to make sacrifices to protect our nation.
“Yet it is now evident that centralised policing structure, no matter how well intentioned, has become overstretched.
“It is on this basis the Conference of Speakers of State Legislatures of Nigeria subscribe partially to the establishment of state police and constitutional imperative.
“We recognise that concerns have been raised regarding potential abuse, the capacity, the limitations and inter-jurisdictional conflict. But these are not insurmountable challenges.
“The Nigeria Police Force also faces challenges, and the state governments across the federation also support them in their day-to-day work. With constitutional safeguards, clear command structures, legislative clarity, independent oversight mechanisms and well-defined frameworks for inter-agency collaboration, state police can become a force for justice, accountability and grassroots protection.”
Additional seats for women
Governor Otti is one of those in support of creating additional seats for women in the parliament, saying his endorsement is total.
According to him, while it would guarantee the inclusion of women in the political process, giving them a say in shaping the character of the Nigerian governance architecture, having more women in our legislative assemblies would not achieve the desired impact unless a number of fundamental issues are holistically addressed.
He said: “The internal processes within the political parties have to be strengthened to make for the active participation of women in decision-making.
“The ordinary women, not persons related or affiliated to powerful male party leaders, must be at the centre of the process.
“If we are not careful, we may be creating new openings for men with vested interests to further entrench themselves in the system, using proxies.
“If that happens, nothing in the real sense of it would change in the political fortunes of the average Nigerian woman.”
Both the Speaker of the House of Representatives and his deputy are promoters and advocates of special seats for women in both state and national assemblies. At every given forum since the commencement of the constitution review process, both presiding officers have spoken of the need to have special seats for women in parliament as a way of ensuring adequate representation of women in parliament.
But Speaker Abbas admitted that women who will seek to occupy the special and reserved seats for women in the national and state assemblies face a herculean task in achieving the set objectives in view of the challenges they may have to overcome.
He said a woman aspirant might be required to campaign across an area larger than a single federal constituency, possibly the size of a whole senatorial district or even more; an action he believes poses a significant challenge in terms of logistics, finance and time, especially for first-time aspirants who often face resource constraints. According to him, the statistics of women underrepresentation are dismal, which explains why the proposals before the National Assembly on greater women’s inclusion are both urgent and pragmatic.
He said the proposal alluded to the fact that in addition to the current three senators from each state and one senator from the Federal Capital Territory, one additional senator should be created for each state and for the FCT who shall be a woman.
For the House of Representatives, HB 1189 and HB 1421 propose that in addition to the current 360 members, two additional members for each state and the FCT who shall be women, while HB 1349 proposes one additional Member for each state and the FCT who shall be a woman. For the State Houses of Assembly, both HB 1189 and HB 1349 propose one additional member from each of the three senatorial districts in the state who shall be a woman.
To accommodate these changes, all three bills propose that the Independent National Electoral Commission shall divide each state into two federal constituencies to be occupied by women. Another proposal, HB 1811, seeks to establish six special seats in the House of Representatives for each of two special interest groups: women and persons living with disabilities, distributed evenly across the six geopolitical zones.
It further provides that aspirants to these special seats shall meet all other qualifications for regular seats. It recommends a regional electoral college for each geopolitical zone, comprising all national officers of the association from the states within the zone, to determine the final representatives for the special seats.
These proposals are thoughtful and ambitious, yet they raise practical questions that we must confront honestly and address. Some recommendations, in their current form, make the pathway more tedious, demanding, and burdensome for women seeking election to the House of Representatives.
Several women groups have continued to rally support for the proposal.
Speaking on behalf of the women groups, Dr. Blessing Nwabala said: “The time has come for Nigerian women to reflect on the whole face of democracy. And democracy is incomplete when half of the population is missing from the table.
“By supporting this bill, you have not only answered the cry of Nigerian women, you have answered the call of history. This is not just a women’s bill, it is a people’s bill.
“The bill seeks to contain the Constitution to resolve, to establish 182 seats in the National Assembly. These are not only seats…They are tools for justice and national progress. Let our women lead us.
“In Abia, the people embraced us. The message was the grassroots. The message from the grassroots to the educated, self-denied was the same. Power will build and Nigeria will rise again.
“Inclusion is not available to these people. Let us be clear: women are not asking for papers. We are asking for a safe climate. We are not asking for a soft landing. We are demanding what is right, what is fair and what is overdue. Women lead a nation’s pride.”
Local government as separate tier of government
Abia State Governor called for caution in the clamour for the establishment of local government councils as a separate tier of government, while calling for a holistic appreciation of the broad implications of the proposal.
He said: “Like I argued with the creation of additional states, we must be mindful of further bloating an already-overfed bureaucracy.
“I may not be very correct, but if I understand this proposal correctly, we may be looking at creating hundreds of new bureaucratic structures for the autonomous administration of the local councils.
“The local government system as we know is statutorily responsible for the provision of primary healthcare, basic, adult and vocational education and similar functions that impact directly on the lives of the population at the grassroots.
“Would it be financially prudent to have 774 or more universal basic education commissions and a similar number of agencies managing primary health and human services for LGAs in the country? What are the implications for the cost of governance, corruption and systemic abuses?
“There may be a need to think this through and make a choice between having new layers of administrative structures that further drain public resources through inflated overheads and creating a system that cuts down bureaucratic bottlenecks — guaranteeing that the larger chunk of public resources is channeled into the provision of social services.”
Oragnised Labour
Organised Labour is not in favour of moves to remove the minimum wage and other labour related matters from the exclusive legislative list. Labour leaders who participated at the public hearing in all the zones covered by the House said “moving labour matters from the exclusive list to the concurrent list is becoming the real correct decimal of national relationship discourse.
“During the last cycle of the Constitutional Amendment, the Nigeria Labour Congress rejected violently, and today, we are here to do the same.
“We all know that the national minimum wage serves as a primary social protection scheme that provides a minimum income flow to safeguard a low-income lineage of workers. Therefore, the relegation of labour means destroying the national minimum wage”.
They argued that “the national minimum wage is a global standard established by the International Labour Organisation, ILO, through a binding law Nigeria signed into on the 16th of June, 1961.
“This law was established through a minimum wage fixed in Missionary Convention 026 of 1928 and the scheme is seen in many democracies practising federalism.
“Already, some states have started violating the law enacted by the National Assembly on Minimum Wage if labour is deregulated”.
State creation
Imo State governor, Senator Hope Nzodinma is in support of additional states in the country, especially in the Southeast. He said: “It bears repeating that the Southeast remains the only geopolitical zone with five states. The proposals for the creation of additional states in the regions should be considered in order to address the perceived marginalization by the people.
“Every other zone has six or more. This imbalance has led to underrepresentation in critical national institutions, from the National Assembly to the Federal Executive Council. It has shrunk our voice and abridged our inclusivity.
“Therefore, it is only fair and just that we ask for the creation of at least two additional states in the South East. It is my well-considered submission that Anim State should be one of the new states to be created.
“This is one state that will have an oil-producing status upon creation. This makes it commercially viable, with sufficient revenue base to self-sustain.
“This should naturally go hand in hand with the creation of new local government areas for the zone.
“Until a few years ago, Owerri served as the capital of us all. Today, we have Umuahia and Abakaliki as capitals of new states.
“Through our collective efforts, perhaps we shall soon have more state capitals like Orlu, Aba, Nsukka, and more.
“I believe that this is the prayer of the entire South East, and it shall come to pass by the grace of God.”
Indigineship
In the 9th Assembly, the amendment on indigineship failed to sail through the parliament and has therefore resurfaced. Governor Uzodinma reminded all that the document being amended guarantees every citizen the right to live and work in any part of the country. He regretted that to date, those born and raised in a place where their grandparents may not have originated from are still regarded and treated as non-indigenes, adding that this practice is not in tandem with the spirit of brotherhood.
He said: “We should not be seen to be speaking from two sides of our mouth. We need to legally define indegeneship by birth or long-term residence, say 10 years.
“Anyone born in a state or has lived in a state for upwards of 10 years should be a legitimate indigene of that state. This is common practice in advanced democracies.
“It was also becoming the norm in our pre-First Republic years, until that republic was cut short.
“How else did Mallam Umaru Altine become the Mayor of Enugu in 1952 if not because he was accepted as an indigene of Enugu? That tells us something profound about our potential for unity if only the constitution can catch up with our history.
“I therefore urge this committee to seriously consider this matter as part of the proposed constitutional amendments.”
