A former Secretary-General of the Commonwealth, Chief Emeka Anyaoku, has called for a “new legitimate constitution” to arrest the ongoing deterioration of the situation in the country, stressing that the current 1999 constitution lacks legitimacy expected in a pluralistic country like Nigeria.
The elder statesman stated this yesterday at the National Dialogue on the constitutional future of Nigeria in honour of renowned constitutional lawyer, Prof. Ben Nwabueze, organised by the Patriots (A Pan Nigerian Group of Eminent National Leaders of Thought) with the theme, “Lawful Procedures for Actualising a People’s Constitution for Nigeria.
Anyaoku who is the Chairman of the Patriots said Nigeria is a pluralistic country but has failed to develop like other pluralistic countries in the world which have succeeded by devolving powers to the federating units.
He cited examples of pluralistic countries such as Yugoslavia, Czechoslovakia and Suddan which which broke up for lack of true federalism.
He said Nigeria has two options in getting a truly federal constitution by either adopting the recommendations of the 2014 National Confab or “we go for a relatively inexpensive directly elected constituent assembly on non-party basis for producing such widely desired constitution.”
According to him, the present 1999 constitution is not suitable to address the myriads of challenges confronting Nigeria and called for the adoption of the recommendations of the 2014 national conference or conduct an “inexpensive” constituent assembly that would be nonpartisan in order to have a truly federal constitution.
He said “The country needs a new legitimate constitution. And the message of the Patriots, which I have the privilege to be the Chairman, is quite clear that the Patriots should take this message to those in government. I like to say that the Patriots will take this message to the Presidency and to the National Assembly.
“We have had pluralistic countries that failed. Yugoslavia for example broke up into eight States. Czechoslovakia amicably broke up into two States and coming home nearer, Suddan which has existed for centuries broke up into two States. So, that should teach us that Nigeria should deliberately manage her diversity. The only way we can successfully manage our diversity , remain as one political entity, is by adopting a true federalist constitution.
“First Nigeria is a pluralistic country that is still struggling to become a nation with assured political stability and progressive socioeconomic development.
“The fact from across the world is that some pluralistic countries have succeeded in becoming nations while other pluralistic countries have failed and disintegrated. The lesson from this is that pluralistic countries which have succeeded in becoming nations have generally practiced true federalism with considerable power devolved to the federating units.
“This fact was acknowledged by our founding fathers who negotiated painstakingly and agreed the Independence Constitution of 1960-1963.
“Our present 1999 constitution as amended not only lacks the legitimacy that flows from a democratically made constitution but also has proved to be unsuitable for tackling many of the serious challenges confronting our country.
“It is a widely recognized fact that the crucial areas of the country have significantly deteriorated and continue to deteriorate.”
He said Nigeria has suffered deterioration in many fronts in the area of Security of the citizens lives and properties, economic well-being of the citizens, infrastructure including roads and education and health facilities, social cohesion and social values and the sense of national unity.
“I am hopeful that we will have a listening hear in the Presidency. Why do I say so, I believe we are fortunate at this time to have a president, whose democratic credentials have been very clear to me for many years. Because, the man who is now our president, Asiwaju Ames Tinubu was very active in the NADECO days, and he was one of NADECO representatives who visited my residence in London a number of times. I also remember how he vigorously argued the NADECO course.
“Even, after I retired as Commonwealth
Secretary-General, I had the privilege of chairing a colloquium organised to mark his 60th birthday . At that colloquium I called for the restructuring of Nigeria. I said that from my close association of the governments of 54-member countries of the Commonwealth, one lesson I learnt is the pluralistic counties such as Nigeria succeed only on the basis of true federalism.
In his keynote address titled “The never-ending call for a new people’s constitution”, Professor Mike Ozekhome, SAN described the Constitution as the birth certificate and identity card of a Nation.
He said the fact that a dictatorial and autocratic military junta imposed the 1999 Constitution completely robs it of its legitimacy, credibility and acceptability, as it does not represent the nation’s Identity Card, covenant and the supreme will of the Nigerian people.
According to him, the never-ending call for a new Constitution arose from a recognition of the inherent fundamental shortcomings of the present 1999 constitution, adding that
mere amendments to or replacements of the Constitution under sections 8 and 9, would be akin to merely applying a superficial remedy to a deep-rooted ailment.
“It simply cannot and will not work. I humbly submit, as I have done since the year 2000, that one million amendments multiplied by another million amendments, with the addition of yet another million amendments, will never work. Merely chopping off the branches of a tree without cutting off the taproot will never kill such a tree. It is akin to merely treating the symptoms of a serious disease.
“Just as one cannot cure cancer with medication meant for minor skin conditions, the need for a new beginning is dire. This is because the process and procedure for crafting a new Constitution must be democratic and all inclusive, as they are more important than the contents of the Constitution themselves. The simple reason is that it is such procedure or process that confers legitimacy, credibility and acceptability on the supreme document called Constitution”.
“Democracy must be rooted in the Constitution. The people should be given a clear voice and mandate to manage the affairs of the nation, through appropriate measures of free and fair elections, and checks and balances. The people should be given the rights of access to information, participation in decision making process and access to justice.
“Democracy needs to take significance over politics in Nigeria, and oust the current practice of election malpractices which prevent free and fair elections. Democracy and Rule of Law need to be revived once again in Nigeria, and that cannot be done merely by amending the present Constitution. Rather, the present Constitution must be discarded with, and a fresh new Constitution created through a referendum of the people as midwife by the NRC enacted into law by the NASS.
“One cannot amend a bad document; it is simply not possible. An illegitimate document remains illegitimate forever. The present Nigerian Constitution is a child of bastardy and nothing can cure it. Even one million amendments multiplied by another million amendments can never cure the present Constitution of Nigeria of its original sin of its illegitimacy.
Eminent Nigerians at the event include,
leader of Afenifere, the Yoruba socio-cultural group, Pa Ayo Adebanjo, Gen. Ike Nwachukwu, former Minister of Finance, Kalu Idika Kalu, elder stateman, Solomon Asemota SAN, . Anya O. Anya, elder statesman and pioneer Chief Executive Officer, Nigeria Economic Summit Group (NESG)Prof. Anya O. Anya, and Chief Bode George.
Others are former governor of Sokoto State, Senator Aminu Tambuwal, Former Cross River State Governor Donald Duke, former minister of transportation, Rotimi Amaechi, former Ogun State governor, Senator Ibikunle Amosun among others.
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