THE latest attempt by President Goodluck Jonathan to review the 1999 Constitution connotes another ad hoc measure to foist needed change on the country's most basic legal document. For that reason, it is hardly an acceptable approach to resolving an issue as serious as reviewing the constitution. Surely there must be a way to mobilise public opinions and arrive at a consensus while at the same time carrying along the interest groups. Importantly, current efforts at formulating a new constitution tends to occasion needless distraction on governance that Nigerians can do without, in view of matters of urgent challenges to the nation.For the umpteenth time, a committee has been raised to review the 1999 Constitution of the Federal Republic of Nigeria, this time by the president who has appointed a 21- person strong Presidential Committee on the Review of Constitutional Issues chaired by, again, a retired Chief Justice, Justice Alfa Modibbo Belgore. Basically,the team is to peruse the resolutions, recommendations and implementation guidelines of past committees and conferences, and, in the words of Dr. Jonathan, 'develop draft bills on previously agreed issues' that will be packaged and sent to the National Assembly. Such 'settled issues' include national security, human rights and social security, environment and natural resources, the model and structure of government, the public service, power sharing, labour, trade unions, judiciary and legal reforms. On the one hand, the committee is 'not to vitiate or qualify such manifestly items of national consensus'but to review their currency in light of subsequent developments and situate them within present needs and realities'. On the other, Mr. Belgore and his colleagues are 'free to suggest fresh solutions to old problems, especially those that defied consensus in the past'. But, an expanded team will 'look [into] and debate those areas separately,' said the president.That the extant constitution is substantially flawed is not at all in doubt; ab initio, it cannot be said to reflect the will and desire of 'We the People' as it so purports. On that basis alone, its consensual foundation is defective. If, as it is widely acknowledged, there is indeed a need to review this grundnorm document, firstly, it should not be done piecemeal; and on this point Justice Belgore was forthright to tell the president 'it is better to do a comprehensive review.' Secondly, it cannot be thoroughly done by 21 persons handpicked by the president. Such assignment is too important, too demanding of knowledge, skills, experience, and wisdom, to be left to a handful of people who, most critically, are seen to represent government rather than the people.Notwithstanding this, the most urgent problems that afflict Nigeria are well known ' such as a fairer formula for sharing the national revenue, the implementation of fiscal federalism, an independent judiciary, a credible and forceful war against corruption and transparency in the conduct of government business, the provision of basic infrastructure to drive productive activities , and the transformation of the nation's education system and structures . These are critical issues of governance that are daily begging for attention. Some of them do not need a review of the constitution to be done and show Nigerians that the president is serious with his job. Indeed, if Dr. Jonathan would just apply himself to resolving these 'outstanding' issues with as much concern as he has to reviewing the constitution, our country may be getting somewhere in a short time.From experience, any suggestion by government to review the constitution provokes suspicion. Indeed,manypeople are wont to askif theconstitution has been testedlong enough, especiallyat legislative and judiciallevels, toenable athorough appreciation of itsstrengths and weaknesses. There is never a perfect constitution. The honesty of purpose with which the operators implement the spirit and the letters of a constitution sustains it. Beyond the letters, the spirit of the constitution inspires its operators ' executive, legislature, judiciary- to read beyond the imperfections of the document, and to apply the intendments for the common good.The president may have good intentions. But we cannot be having changes to so crucial a document as the constitution every now and then, subject to the whims of the powers that be. There are compelling reasons for a review of the 1999 constitution but then the process must be transparent. We suggest a Constituent Assembly elected by the people to identify defective areas and propose amendments that will, in turn, be subjected to a referendum. Such a referendum may even take place along with the general elections in order to reduce cost and shorten the process. The composition, guidelines and the timing of the latest constitution review committee are not indicative of a sustainable manner to achieve the desired review; nor do they reflect the yearnings of Nigerians for official and urgent action to address pressing development problems of the country.
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