The calls for the promulgation of a new and true people’s constitution is steadily advancing. The Patriots, a pan Nigerian group of eminent national leaders, subsequent to its National Constitution Dialogue, held on March18, 2024, in Lagos, has taken a step further to actualise it’s immediate goal – People’s Constitution for Nigeria. The body of notable citizens led by Chief Emeka Anyaoku, former Secretary-General of the Commonwealth recently proposed measures to President Bola Tinubu to achieve a brand new constitution that would be exclusively determined by the Nigerian people.
Speaking with Journalists after the meeting at the State House in Abuja, Chief Anyaoku disclosed that they urged the President and State Governors to dialogue with the leaders of the protesters, besides their core demand for the president to send an Executive Bill to the National Assembly, as well as convene a National Constituent Assembly that will draft a new Constitution. He said, “We’ve had a very constructive meeting with the president. We, the Patriots, and I believe you know what the Patriots are. The Patriots are a nonpartisan group of eminent Nigerians, some call us leaders of thought, who are committed to the unity and good governance of our country. “
So, we came to convey this view that Nigeria needs a people’s democratic constitution. “Nigeria, we have affirmed to Mr. President, is a pluralistic country. And you all know that pluralistic countries exist all over the world. Those of them that addressed their pluralism by having true federal constitutions have survived. Examples are India and Canada. “But those pluralistic countries that failed to address their basic challenge of pluralism through federal constitution have ended up disintegrating. Examples of that are Yugoslavia and Czechoslovakia, and here in Africa, Sudan. “
These countries existed, in the case of Yugoslavia and Czechoslovakia, for about 100 years as one country, but they eventually disintegrated because they could not manage their pluralism through a truly federal constitution.” According to the former Commonwealth Secretary-General who spoke to the President on behalf of The Patriots, the Executive Bill will entail two key measures. “And we put some proposals to Mr. President and urged him to send an executive bill to the National Assembly; a bill that will call for two essential measures. “One, convening of a National Constituent Assembly with the mandate to produce a draft people’s democratic constitution. The constituent assembly should be of directly elected individuals, on a non-political basis, from the 36 states of the federation, possibly three individuals per state, and one from the FCT.”
“They should be assisted by seven constitutional lawyers, one drawn from each of the six geo-political zones and the FCT. The deliberations of the constituent assembly should take into full account the 1960/63 constitutions, as well as the recommendations of the 2014 National Conference and indeed of the various national conferences that considered the Nigerian constitution,” he noted Secondly, The Patriots put in a plea that the National Assembly should be asked to legislate on a national referendum, “Because as our laws stand at the moment, we have no provision for a national referendum,” Chief Anyaoku explained. He added, “And we concluded by saying that the Draft Constitution to emerge from the constituent assembly should be subjected to the national referendum in order to give the people of Nigeria a chance to determine the new constitution.
To essentially enable the views of the citizens to be captured to confer legitimacy on the constitution. “We also talked about the current crisis of protests throughout the country. And we advised the President that in our view, the government at the federal and state levels should dialogue with the leaders of the protests. The government should take the initiative in dialoguing with the leaders of the protests. “And secondly, we advised that the law enforcement agencies, namely the police and the army, should avoid using lethal weapons in the management of the protests, so that we do not have casualties; people were killed because the law enforcement agencies are not managing the protests.”
Noting the difference between the expected new constitution and what we have now, Chief Anyaoku posited that the current constitution does not make for effective internal security measures. “It does not make for rapid economic development, it does not make satisfactory social development. I believe that the new constitution would make it easier for these challenges to be tackled.” Responding to these requests, the president stated that retooling the economy for sustainable growth and development is the major priority of his administration. He expressed his respect for The Patriots and their contributions to national discourse.
”I have listened to you carefully, and this is not a group that I can ignore. This is a group of patriots reflecting the heart and aspirations of society. I thank all of you for being here. ”I have faced the challenge of this democracy that I inherited from your struggles. I must recognise the fact that these challenges are most required for good governance. ”We have no other choice, and I believe also that it is most difficult to manage the twists and turns of democratic governance. ”I want to assure all of you that as I listened to your two major requests on the path to referendum and that should lead to constitutional measures that will fit our diversity and governance so that we avoid conflicts and break-ups. ”I believe in the unity of this country and I want to assure you that whatever is necessary to put happiness and good governance in the hands of all Nigerians is what I would do. “
The avoidance of chaos is necessary to build this country and move its aspirations forward for the benefit of all of us. I’m currently preoccupied with economic reform. That is my first priority. Once this is in place, as soon as possible, I will look at other options, including constitutional review as recommended by you and other options,” the president said. The Patriots’ demand for drafting of a new constitution and the president’s response have been received with mixed feelings. While some analysts have posited that it is ill-timed considering the state of the nation, coupled with the recent protests about hunger, others were of the view that the 2014 constitutional conference convened by President Goodluck Jonathan should suffice.
The Igbo socio-cultural organisation, Ohaneze Ndigbo, outrightly advised President Tinubu to implement the reports of 2014 National Conference organised by the then President of Nigeria, Goodluck Jonathan instead of constituting a new assembly. The Igbo apex group in a statement by Okechukwu Isiguzoro, its Secretary General, remarked that constituting a new assembly will amount to waste of the country’s resources. The apex Igbo socio-cultural group however, commended the efforts of the Patriots in securing people democratic pluralistic constitution for the country as well as acknowledged the need for a new constitution to address the defects, flaws, and shortcomings of the Military-imposed 1999 Constitution, which according to it, lacks the clarity and strength to cater to the demands of a pluralistic society like Nigeria.
But the group took sides with President Tinubu’s response to the patriots. Ohaneze Ndigbo’s statement read in parts, “While we accept most of the demands put forth by the Patriots, Ohaneze Ndigbo respectfully disagrees with the convening of a National Constituent Assembly at this time. Given the recent hunger protests and threats of international interference, it would be insensitive and ill-timed for President Tinubu to approve such a convergence. “The focus should be on implementing the recommendations of the 2014 National Conference, which remains the best framework for addressing Nigeria’s challenges. “
We reflect on the historical marginalisation of the Southeast and the recommendations of past constitutional conferences, such as the Obasanjo 2005 National Confab and Jonathan 2014 National Conference, which aimed to correct this imbalance. “It is crucial that President Tinubu considers implementing the 2014 National Conference recommendations to address the pluralism of Nigerian society and leave a lasting legacy of progress and unity. Ohaneze Ndigbo enjoined President Tinubu to prioritise the implementation of the 2014 National Conference recommendations over convening a new National Constituent Assembly to not only save scarce resources, but also lead to meaningful economic policies that will improve the lives of all Nigerians.
On his part, Dr. Sonny Onyegbula, a US-based legal consultant, said that although at first glance, the statement by the presidency on the August visit appears to be a positive and accommodating response, acknowledging the Patriots’ concerns and expressing a willingness to engage in constructive dialogue, but appears vague on a closer analysis. Onyegbula noted that the President’s assurance that the requests will be “reviewed” appears vague, and could lead to skepticisms about his willingness to address the Patriots’ concerns. “However, upon closer analysis, some concerns and a missing link have emerged requiring further scrutiny and interrogation. While the response acknowledged the Patriots’ concerns, it fell short of making a concrete commitment. “
Without a commitment and specific timeline or benchmark, the response could be seen as a delay tactic or a way to momentarily placate the Patriots, whose demands require an urgent call to action and decisive leadership,” the legal Consultant stated. He urged the president to provide a concrete action plan that includes setting clear timelines, allocating necessary resources, and establishing a transparent and accountable process for implementing the reforms. Onyegbula noted that prioritising economic reform over constitutional/political reform, the President may inadvertently be perpetuating the same systemic issues that have hindered Nigeria’s progress. “The vagueness of the statement may also raise questions about the president’s willingness to confront challenges or make difficult decisions necessary for Nigeria’s advancement,” he remarked.
In a similar vein, former presidential candidate of the Young Progressive Party in the 2019 general elections, Kingsley Moghalu, felt otherwise. He said that it would be almost impossible to bring a fundamental fix to Nigeria’s economy in the absence of a new constitution. Moghalu said, “What Nigeria’s leaders fail to understand is that it will be extremely difficult, if not impossible, to bring a fundamental fix to Nigeria’s economy in the absence of a new constitution that is anchored on real federalism, and preferably anchored on a regional structure of 6-12 regions.” According to the former Deputy Governor of the Central Bank of Nigeria, the importance of nationhood for economic success cannot be overemphasised.
“Nigeria is a country but not yet a nation,” he stressed. Moghalu cautioned against further delay of the constitutional reforms citing likely consequences. “There is no unity of purpose, no cohering worldview. And this is because the country means different things to different groups. “Nigeria as a pluralistic country that refuses to turn its plurality into a workable nationhood through an appropriate federal constitution, runs the risk of disintegration in the medium to long term,” he added.
Continuing, the former presidential aspirant said, “Nigeria today appears rudderless, with no particular direction. Our country has no purposeful destiny that we can say with conviction is our lodestar. Our citizens are increasingly unsure of what being a Nigerian means.” Moghalu urged President Tinubu to reconsider the importance of constitutional reform and address the matter with the seriousness it deserves.
