The consensus of opinion among Nigerians is that the 1999 Constitution, imposed on the country by the military in hasty exit, is overdue for amendment. Some even argue that a brand-new document is needed to justify the phrase “we, the people of Nigeria”.
But what they find extremely disagreeable is the method adopted by the National Assembly, the people’s representatives, in bringing this about. So much time and resources have been deployed to this important task without accomplishing it that many are beginning to wonder if the nation will ever get to the end of the exercise. There were attempts by the sixth, seventh and eighth Assemblies to amend the constitution, but at the end of the day, they were fruitless efforts and waste of resources.
Most of the challenges the nation is facing have been traced to constitutional defects in the democratic system and by extension, the lapses in the constitution. It is important to point out that a constitution, as the embodiment of fundamental principles or established precedent according to which a state is governed, also defines its existence. It is the organic and fundamental law that establishes the character and conception of government, its basic principles and the extent and manner of its sovereign powers.
To that extent, a constitution amendment is a formal change to the text of the written constitution of a nation or state. In some jurisdictions, the text of the constitution itself is altered; in others, the text is not changed, but the amendment changes its effect.
In Nigeria, the power to amend the Constitution is derived from Section 9 of the 1999 Nigerian Constitution, which provides that an amendment may be proposed with a two-thirds majority vote in both the Senate and the House of Representatives, respectively, and subsequently approved by a resolution of the Houses of Assembly of not less than two-thirds of all the states.
It is for this reason that we commend the ninth National Assembly for transmitting 44 alteration bills to the 36 State Houses of Assembly for concurrence. Forty -four out of the 68 bills meant to alter the 1999 Constitution were eventually considered. Perceptibly, they have done their part, but that is just the first leg of the exercise. Now, it is left for the state lawmakers to show their commitment to nation building by doing the needful, the right thing.
Given the importance of alterations to the constitution, the two chambers of the ninth Assembly at inception inaugurated committees on Constitutional Amendment headed by the Deputy President of the Senate, Senator Ovie Omo-Agege and the Deputy Speaker, House of Representatives, Hon. Ahmed Idris Wase respectively.
The bills deal with major issues on development, governance, politics and the economy. They touch on issues such as the abrogation of the state Joint local government account, financial independence of state legislatures and judiciary in compliance with legislative autonomy, timelines for civil and criminal cases.
With the transmission of the Constitution of the Federal Republic of Nigeria 1999 (Fifth Alteration) Bills, 2022, it can be rightly said, in our opinion, that the process of restructuring within of the polity may have commenced even as some Nigerians find it difficult to understand why the National Assembly had to reject the State Police Bill during the amendment exercise, in view of the rising insecurity in the country.
In our opinion, if this amendment sails through and we pray it does, power sharing in the sense that states will be empowered to generate and distribute electricity, construct and own railways, airports and correctional centres will become a reality in practical terms.
Also, financial autonomy at the State Judiciary and the local layers of government, the separation of the office of the minister of Justice and that that of the Attorney General of the Federation, including at the various State levels, will be achieved, ditto for the Office of the Accountant General’s Office.
There is no gainsaying it that a strengthened local government will attract fundamental changes and serve as a nursery where people will learn the ropes of politics and governance. That will be a way of urgently introducing rapid development and democratic progress at the third tier of government.
We, therefore, call on the legislature, both at federal and state levels, to see themselves as drivers of pragmatic implementation of the amendments to the constitution, and thus treat the issue with fervent patriotism it deserves.
It is a general belief that State Assemblies have been pocketed by the governors, and serve as their rubber stamps. But that should not be the case; it’s time they rose above personal and political interests to take the path of honour so that posterity will be kind to them.