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Chasing the Mirage of Constitutional Perfection!

Chasing the Mirage of Constitutional Perfection!
August 20
23:59 2024

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!

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