Chasing the Mirage of Constitutional Perfection!
A
delegation of elder
statesmen under
the auspices of a
group known as
the Patriots led
by former Commonwealth
Secretary-General Emeka
Anyaoku recently appealed
to President Bola Tinubu
to convoke a Constituent
Assembly that would initiate
the process for a new Nigerian
constitution.
Chief Anyaoku, speaking on
behalf of the group urged the
President to send an executive
bill to the National Assembly,
proposing two measures they
believe would help actualise
this proposition.
In their opinion, ”convening
of a constituent assembly
with the mandate to produce
a draft people’s democratic
constitution” has become
imperative. They also said
that the constituent assembly
should be of directly elected
individuals, on a non-political
party basis, from the 36 states
of the federation, possibly
three individuals per state, and
one from the FCT.
Anyaoku also said the
Patriots proposed legislating
a national plebiscite to which
the draft constitution emerging
from the constituent assembly
would be subjected.
”The draft constitution,
produced by the constituent
assembly, should be put to
a national referendum and
if approved, then signed
by the President as the
genuine Nigerian people’s
constitution,” he said.
In our view, while the
intentions behind this proposal
are undoubtedly well
meaning, it fails to address
the root causes of Nigeria’s
challenges. What the nation
truly needs is not another
costly constitutional rewrite,
but a renewed focus on good
governance and effective
leadership.
The argument for a new
constitution rests on the
wrong premise that Nigeria’s
current challenges stem from
an inappropriate governance
structure which a constitution
ought to provide. This, in
our view, oversimplifies the
complex issues facing the
nation and ignores the fact that
even the most perfectly crafted
constitution is only as effective
as those who implement it
want it to be.
Post-civil war, Nigeria has
already undergone multiple
constitutional conferences
and revisions. The 1978
Constituent Assembly, the
1995 National Constitutional
Conference, the 2005 National
Political Reform Conference,
and the 2014 National
Conference have all attempted
to address the nation’s
structural challenges. Yet,
despite these efforts, many of
the same issues persist.
There is, therefore, no
guarantee that another
conference would truly bring
about the change we seek.
The proposal for a new
Constituent Assembly,
with three non-partisan
representatives from each
state and one from Abuja,
bears a striking resemblance
to the composition of the
existing National Assembly.
It is difficult to see how this
new body would produce
fundamentally different
results, especially when
considering the potential for
political maneuvering and
influence that has affected past
constitutional efforts.
Moreover, the financial
implications of such an
undertaking cannot be ignored.
At a time when our economy
is under severe strain,
with millions of Nigerians
grappling with poverty and
hunger, the enormous expense
of another constitutional
conference would hardly
be justifiable. The resources
required for such an endeavor
could be better allocated to
addressing immediate needs
and implementing existing
policies more effectively.
It’s worth noting that many
of the recommendations from
the 2014 National Conference
are yet to be fully implemented.
Before embarking on a new
constitutional journey, it would
be prudent to revisit those
proposals and consider their
potential impact if properly
enacted.
The crux of Nigeria’s
challenges lies not in the
wording of the constitution,
but in the quality of leadership
and its commitment to good
governance. No constitutional
arrangement, no matter how
meticulously crafted, can
compensate for leaders who
lack integrity, vision, and the
genuine desire to serve their
people.
Instead of embarking on
another costly and time
consuming constitutional
overhaul, Nigeria would be
better served if attention is
focused on:Strengthening
existing institutions to ensure
proper checks and balances;
implementing comprehensive
electoral reforms to enhance
the integrity of the democratic
process; investing in civic
education to foster a more
engaged and informed
citizenry; prioritization of
transparency and accountability
in governance at all levels
as well as addressing socio
economic inequalities that fuel
discontent and instability.
Needless to say , it is true
that Nigeria faces significant
challenges, including issues
of national unity, insecurity,
and economic hardship, these
problems are not inherently
constitutional in nature. They
are, more often than not, the
result of poor policy choices,
inadequate implementation,
and a lack of political will to
address root causes.
Consequently,while
the desire for change is
understandable given Nigeria’s
myriad challenges, the
solution lies not in reinventing
the constitution but in
reinvigorating the commitment
to good governance. The
energy and resources that
would be expended on a new
Constituent Assembly could
be more effectively channeled
into implementing existing
reform recommendations
and addressing the nation’s
pressing issues.
Nigeria’s path forward
requires visionary leadership,
unwavering commitment to
the rule of law, and a collective
effort to build a more just and
prosperous society. These
goals are achievable within
our current constitutional
framework.
The country ought to focus
on cultivating the political
will and ethical leadership
necessary for transforming
Nigeria’s potential into reality,
rather than chasing the mirage of constitutional perfection!





