Tuesday, 21 May 2013
A Charade Called Constitution Review By Godwin Onyeacholem
David Mark
By Godwin Onyeacholem
How did Nigeria arrive at this tragic juncture? At no time in the turbulent history of this country has there been this degree of hopelessness. Unconsciously, this era of (mal)governance – no matter the ill-conceived sentiments of its perverse apologists – has stubbornly infused in the growing crowd of cynics a more solid impetus for perpetual scepticism.
For, except in the eyes of the extremely naive and incurable swindlers in the corridors of power, this country has already collapsed; only that the horror of its probable disintegration would be difficult to face. And take note, when ‘this house’ eventually falls, one group that must be held responsible for its indiscretion is the National Assembly members.
The legislators, especially the senators, who are in a pole position to drive the agenda for meaningful change, seem to be the ones obstructing progress through forceful narrow-mindedness and thereby gradually wheeling the country and its severely battered people toward certain destruction. By exhibiting an unspeakable indifference and discounting widespread demand of the Nigerian people for a brand new constitution, the legislators have again sufficiently demonstrated that the people whom they claim guaranteed their status as lawmakers don’t matter. The way they carry on promotes not just arrogance, but leaves no other impression than an undeclared resolve to preserve a sclerotic system. Consequently, when the chips are down, as it increasingly seems apparent, it is not unlikely that mob justice would surely be the ‘portion’ of our legislators, to mimic the language with which overzealous Christians are certain to put it.
In the face of the multi-dimensional problems buffeting the country, there is no question that the task of renewing the hopes of the people would be difficult. Resourceful and imbued with a high quality of rigorous thinking, the people remain thoroughly disturbed by the yet unsettled subject of nationhood. Many still argue today that there are no Nigerians in the true sense of the word – that the word NIGERIAN is merely a distinctive tag for those who live in the geographical space called Nigeria. Added to this is the vexed question of citizenship which often assumes the frontline on the rostrum of serious public discourse. These and much more are the areas an envisaged freshly minted constitution is bound to address once and for all. That thirteen years of democracy has not been able to finally put to rest the hang-ups created by aberrations like these does no credit whatsoever to the sensitivity of the ruling PDP, the self-acclaimed largest party in Africa.
And typical of its character, the PDP-dominated National Assembly feels no qualms worsening the situation by going to town with the garbage of constitution amendment (they like to call it review), when even the blind can see and the deaf can hear the deafening clamour by the people for a new constitution. For long, the Nigerian people have been calling for a constitution that they will accept as truly originating from them, not the one foisted on them by bandits disguised as benevolent leaders. Yes, the National Assembly has powers to amend or review the constitution, but they would be wasting their time embarking on this process for the 1999 constitution whose provenance already gives it away as a fraudulent document.
What are these lawmakers afraid of? Why are they shying away from confronting history by leaving their names on its positive side as a result of allowing the people agree on a constitution they can truly call their own, at least for the very first time in the history of this country? Instead of settling down to consider over 50 amendments for a beleaguered constitution, why not arrange for a constituent assembly to simply write a new constitution? Why dissipate energy on a military-era document that falls terribly short of charting a viable course in the daunting challenge of inventing a modern Nigeria anchored on the vision, hopes and aspirations of the people? There is no doubt that attempts to provide answers to these posers would produce a tapestry of reasons that conclusively depict self-interest as the sole motif.
In times like these, the legislators know that acceding to an entirely new constitution that would be approved by a referendum of the people would definitely not be in their favour. They are aware it would seem like tying nooses around their necks because it would amount to an effective cessation of the stream of outrageous perks that they lavishly enjoy, and which habitually push them to want be in the legislature by hook or by crook. Besides, they dread the prospect of restructuring as it is full of potentialities for a re-configured National Assembly and a revised status for its members.
They have read the mood of the people and observed that it is tilted towards inserting in a new constitution a unicameral legislature with far fewer members, as well as drastic cuts in salaries and allowances. They fear where all this would leave them. And not unmindful of the dirt from an enraged public sullying their reputation as a bunch of overfed liabilities, they are not prepared to take chances. Therefore to ensure a preservation of the jamboree, the best option, they must have advised themselves, is to continue to paper over the cracks on the ruined walls of the present constitution.
But the people are not deceived. They know what this latest move is all about. Amend the constitution to retain old privileges and underwrite new entitlements. Amend the constitution to award the President, governors – and possibly legislators – additional years in office. This is the ignoble role reserved for the National Assembly in the wider concept of a dubious transformation. The last time this project was undertaken for similar selfish reasons during former President Olusegun Obasanjo’s administration it ended in a fiasco. This time round nobody should be led into believing that anything has changed. A linchpin of that disgraceful outing is firmly in place, now holding down a more persuasive position as he perches atop the commanding heights of a supposedly hallowed institution.
With Senator Ike Ekweremadu and his committee determined to go ahead with what, obviously, is at best a charade, there should be no question about how the people should respond. They should be prepared to equally match the committee’s disdain and defiance with a resounding disregard for the call for submission of memoranda, since what is likely to come out from this wrong-headed exercise can never be compared with the kind of document Nigerians have in mind.
As for the civil society organisations, they would be better off remembering that the country has been going round in circles for decades through the machinations of a string of governing elites who lack foresight. They would therefore need to maintain intellectual distance from a programme propelled by collective delusions, such as the one the legislators have undertaken concerning the constitution. This is the only way to go, if in the end the country chooses to get up and walk.
· Godwin Onyeacholem is a journalist based in Abuja
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@DANBOYI GOMSUK:GOB BLESS YOU SIR !!......BUT
Submitted by osita DIOKA (not verified) on May 13, 2012 - 15:15.
Your suggestion will set the ball rolling instanly for a bright future.The problem of lack of resources for some regions can be solved by giving a certain amount of financial grant to these regions for a specified amount of years to enable them develop thier own resources.
The biggest obstacle is the rogue politicians constituting a blocking factor because they are supposed to be the arrow head if such an objective can be reached peacefully,from the look of things it might get to a stage where fraustration over this situation will activate violent struggle in our country,infact we should be grateful to God that Jonathan is from the SS because such a region is vulnerable since armed groups are already operating there.
Our Senate is possibly the most selfish,insensitive and wicked organ of our democracy,the lower house under Tambuwal does consider the sufferings of Nigerians some times but the senate are blood sucking vampires.
mark and ike marking fime for presidency and vp, no const amend
Submitted by big dan (not verified) on May 13, 2012 - 14:50.
david mark and ike ekweremadu cannot afford constution amendment now, they know it. they are both marking time waiting for the next presidential elections where mark wants to be president, and ike is campagning for someome to apppoint him as vicepresident. both of them now sing to the gallery - constitution amendment - after seeing all the cry for snc. perhaps unknown to him, ekweremadu was derobed at minna by the caliphate soldiers. he was not prepared before minna because of his serially demonstrated political immaturity which manifests in his serial gaffes. kaduna based daily trust editorialised after the minna incident that what went on in minna was a sign that nigerians did not want constitution amendment. arewa soldiers used state creation to arrogate political power to a cligue in arewa.it is difficult to do serious review of the constution.
@ tundemash, a bad constution begets the bad politians. nigerians are not born criminals.
A Confederal Nigeria is needed now!
Submitted by danboyi gomsuk (not verified) on May 13, 2012 - 13:33.
The present 1999 Constitution serves the nation only a piece of bitter pill and too bitter to provide only death. What is needed now is a Confederacy for Nigeria where the six geopolitical regions become confederate units with full powers of self governance. The centre would only hold a ceremonial president with functions over defence and international relations. The real engine room of governance would recide in the confederate units. With this setup, the clamour for the presidency would be something of the past. And there would now be a healthy competition amongst the six confederate units. This would immediately foster fast and committed governance in the units; no unit would like to be branded a never-do-well. See what happened in the old regional system of the First Republic and you can fathom what this proposed confederacy would bring to a Confederal Nigeria. Let's try this please.
@TUNDEMASH-THERE IS AN AMBIQUITY TO SORT OUT.
Submitted by osita DIOKA (not verified) on May 13, 2012 - 12:02.
The insensitive and greedy legislators are capitalising on the inexplicit nature of a constitution designed by a non-democratic military establishment.Well it is obvious that the President is in bed with the looting legislators,he has hardly mentioned this aspect of concern in public,infact he and Okonjo-Iweala pretend not to be aware of the fact that these rogues are milking the country dry,yet they talk about cutting waste.
A good constitution must be tailored to conform with the needs of a country,in our case corruption issues and fiscal issues such as the power to fix salaries must be explicit enough,it must mention that the salaries of all political appointees and elected officials must be fixed by the body you mentioned.Our legislators see "lawmaking" as being overlords
@OSITA Re: AS "DEMOCRATIC"LEGISLATORS PROTECT A MILITARY CONSTI
Submitted by tundemash (not verified) on May 13, 2012 - 10:28.
@OSITA,
There is no where in what you called military constitution, that empowers the Legislature to fix their own salaries; they are only flouting the constitution doing that. The only statutory body empowered by the constitution to fix salaries and allowances of civil servants of which our federal legislatures belong is the Revenue Mobilisation and Fiscal Commission.
So even if you have a constitution designed by angels, it would be bastardised if implemented by these rogues. You have a FG headed by a corrupt man, who has refused to declare his assets thereby flouting the constitution too, so how can he challenge the Federal Legislatures to obey same consitution he's not obeying.
United Kingdom has no written constitution and yet they have good governance so the document is useless if not obeyed !
@OSITA Re: AS "DEMOCRATIC"LEGISLATORS PROTECT A MILITARY CONSTI
Submitted by tundemash (not verified) on May 13, 2012 - 10:28.
@OSITA,
There is no where in what you called military constitution, that empowers the Legislature to fix their own salaries; they are only flouting the constitution doing that. The only statutory body empowered by the constitution to fix salaries and allowances of civil servants of which our federal legislatures belong is the Revenue Mobilisation and Fiscal Commission.
So even if you have a constitution designed by angels, it would be bastardised if implemented by these rogues. You have a FG headed by a corrupt man, who has refused to declare his assets thereby flouting the constitution too, so how can he challenge the Federal Legislatures to obey same consitution he's not obeying.
United Kingdom has no written constitution and yet they have good governance so the document is useless if not obeyed !
@Godwin Onyeacholem: Nothing wrong with our constitution
Submitted by tundemash (not verified) on May 13, 2012 - 10:15.
@Godwin Onyeacholem
There is nothing wrong with Nigeria's constitution only the operators are corrupt and insincere . Even if you have the so called "people's constitution" as you called it, would it be operated by angels or these same band of rogues ? For example, does the present constitution not require the President to declare his assets? Is Jonathan not flouting the constitution by not declaring his assets? Does the present constitution empower FG to withhold state allocation? OBJ withheld Lagos state allocation, flouting the constitution, while Yaradua released it (obeying the constitution). These just two examples to show you, nothing is wrong with the constitution if only the rogues in power obeys it. Let's stop going about in circles, we do not need another money-wasting venture called people's constitution.
Fyi, UNITED KINGDOM HAS NO WRITTEN CONSTITUTION and yet they have good governance because they have relatively sincere leaders.
@Godwin Onyeacholem: Nothing wrong with our constitution
Submitted by tundemash (not verified) on May 13, 2012 - 10:14.
@Godwin Onyeacholem
There is nothing wrong with Nigeria's constitution only the operators are corrupt and insincere . Even if you have the so called "people's constitution" as you called it, would it be operated by angels or these same band of rogues ? For example, does the present constitution not require the President to declare his assets? Is Jonathan not flouting the constitution by not declaring his assets? Does the present constitution empower FG to withhold state allocation? OBJ withheld Lagos state allocation, flouting the constitution, while Yaradua released it (obeying the constitution). These just two examples to show you, nothing is wrong with the constitution if only the rogues in power obeys it. Let's stop going about in circles, we do not need another money-wasting venture called people's constitution.
Fyi, UNITED KINGDOM HAS NO WRITTEN CONSTITUTION and yet they have good governance because they have relatively sincere leaders.
THE "DAVID MARK" SENATE:AN OBSTACLE TO REAL DEMOCRACY
Submitted by osita DIOKA (not verified) on May 12, 2012 - 22:00.
A group of heartless politicians who despite the fact that they preside over the corruption-devastated economy of a third world country were the basics of human existence like health care,fresh water supply, roads,education system,power supply and other basic infrastructure are either non-existent or in total dilapidtion still earn trice(3x)the salary of the leader of the civilized world and President of the USA Barrack Obama.The impoverished masses of Nigeria elected these renegades to push for good governance,they elected them because they wanted to have thier destiny in thier hands,they want a constitution by Nigerian masses for the Nigerian people,they want accountability in high places etc.
It is no secret that the motivating factor behind the menacing stance of the Senators is the wicked determination to protect thier ability to plunder.The military document left enough loopholes for looting while making amendments almost impossible.
AS "DEMOCRATIC"LEGISLATORS PROTECT A MILITARY CONSTITUTION.
Submitted by osita DIOKA (not verified) on May 12, 2012 - 21:11.
The guild of unrepentant looters holding the Nigerian nation to ransome,irrespective of the facet of society they come from have one rallying point,the insatiable crave to plunder what belongs to all Nigerians,our national wealth.The instinct to steal overwhelms rational human behaviour,they suffer tunnel vision and are totally fixated on the next orgy of looting.The fact that we elected politicians to represent us but they chose to protect a crudely improvised military document goes a long way to explain the hopelessness of our so-called democracy.Our world's highest earning senators would retain the status quo because they dont want any constitutional change which will try to restrict thier power to fix thier salaries or allowances in the first place.They have no time to think of stupid commoners like me or you who keep complaining.
I believe that They will protect this military document with thier last drop of blood
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