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Former Commonwealth Secretary-General, Chief Emeka Anyaoku, recently called for a new constitution that will accelerate development in the country. Anyaoku, who spoke at the 2023 Convocation Lecture of Afe Babalola University Ado Ekiti (ABUAD), in Ekiti State, urged the Federal Government to convene a National Constituent Assembly whose representatives would be directly elected on a non-party basis to discuss and agree to a new constitution for Nigeria. He called on the Presidency in consultation with the National Assembly “to acknowledge the urgent necessity of a new constitution to be made by the people of Nigeria.” The essence of the new constitution, he added, should “involve a devolution of powers from the central government to fewer and more viable federating units with strong provisions for inclusive governance at the centre and in the regions as was agreed by Nigeria’s founding fathers.”
In a similar vein, the Founder of ABUAD and Senior Advocate of Nigeria, Chief Afe Babalola, in April 2022, suggested a new constitution that would provide for part-time legislators and non-executive president. While calling for an interim government to address some issues affecting Nigeria, Babalola noted that the same faulty leadership and system would emerge if the current constitution was used to conduct the 2023 elections. “Moneybags now control the lever of powers. If we allow the present constitution beyond 2023, what we will be getting is recycling leadership who will continue the old ways,” he said. Many people misunderstood him especially because of the interim government proposition.
Many other prominent Nigerians such as former President Olusegun Obasanjo and Nobel Laureate, Professor Wole Soyinka, had called for the restructuring of Nigeria. The General Overseer of the Redeemed Christian Church of God, Pastor Enoch Adeboye, in 2020, advocated a system of government that would create what he called the United States of Nigeria. Some socio-cultural groups like Afenifere, Ohanaeze Ndigbo, and the Northern Elders Forum had also called for restructuring of Nigeria.
Incidentally, the ruling All Progressives Congress (APC) pledged to address the issue of restructuring and devolution of powers in its manifesto before the general election of 2015. It later set up the Nasir el-Rufai-led committee to study and harmonise the restructuring issues. The report of that committee did not see the light of the day.
The Goodluck Jonathan administration also set up a national conference to discuss similar issues. In 2014, the national conference made far-reaching recommendations that could have set this country on a path of political growth. Unfortunately, for some reasons best known to Jonathan’s successor, Muhammadu Buhari, the report of that conference was left to gather dust on the shelves.
Before the 2014 national conference, there was a constitutional conference between 1994 and 1995. This led to the 1995 draft constitution which made provisions for six principal offices of five-year single-term duration. The offices were meant to be rotated among Nigeria’s six geo-political zones. This report too was dumped.
Whether we call it a new constitution or restructuring, it has become imperative to discuss and marshal out a new way forward for Nigeria. The constitution we operate currently has a lot of flaws. Politicians exploit such flaws to the detriment of the country. Power is concentrated at the centre such that the central government controls 68 items on the exclusive legislative list. This is a negation of the principles of true federalism. Besides, the President of Nigeria wields enormous powers and can be referred to as one of the most powerful Presidents in the world. That is why any election in the country has become a ‘do-or-die’ affair in which every region struggles to get the control of the centre as well as the nation’s resources.
The lacunae in our current constitution always show during and after the conduct of every general election. People give some of the provisions of the constitution different interpretations that tend to suit their fancy.
The 1999 Constitution that we currently operate is an imposition by the military. Nigerian people have no hand in it. Chileans decided in a popular referendum in October 2020 to abolish their military-era constitution and go for a more inclusive democracy. They achieved this after a year of protests against inequalities and injustices in the country.
Like Chileans, Nigerians should wake up and demand that the rightful things be done. We have continued to paper the cracks in our existence as a country. It is time to move for serious constitutional changes if we desire an equitable and prosperous country. Some Nigerians have advocated for a return to the Independence/Republican Constitution. They believe this will strengthen the regions and bring about healthy competition that will move our country forward. Whatever is the case, we need to discuss and resolve such issues as revenue allocation formula or fiscal federalism, devolution of powers, state police, and electoral processes, among others.
