ASABA was chosen as the venue of this retreat because of its undoubted serenity. But the choice is also apt in a historical context. It was in this city on the Niger that Taubman Goldie, British adventurer and merchant, set up the Headquarters of his Royal Niger Company (RNC). From this city, his merchants set out to trade on the River Niger and River Benue and through the device of treaties, brought all the areas encompassing the lower Niger and Benue Rivers under the control of the RNC. From Asaba, the company controlled the areas so effectively that at the Berlin Conference on West Africa in 1885, Goldie was able to successfully invoke the doctrine of effectivity ' that powers only possess colonies if they actually possessed them.From here in Asaba, on January 1, 1900, the RNC transferred its territories to the British government for the princely sum of 865,000 pounds. That territory, together with the small Niger Coast Protectorate, immediately became the two protectorates of Northern and Southern Nigeria.So ladies and gentlemen, at times like this, when our nation finds itself in the vortex of contradictions, it is only proper that we return to our roots to draw strength.The 1999 Constitution of the Federal Republic of Nigeria, which was bequeathed to us by the military, is far from being a perfect document. No plebiscite or referendum preceded its promulgation. It is not surprising therefore that it contains a host of contradictions, lacunae and inconsistencies. These have engendered complaints from a cross section of Nigerians, and even from the executive branch of government.In May, 2009, in order to give zest to the constitution review process, the sixth Senate inaugurated the Senate Committee on the Review of the 1999 Constitution (SCRC). The Senate in plenary immediately committed six executive bills for the amendment of the constitution to the committee.That committee, headed by the indefatigable Deputy President of the Senate, Chief Ike Ekweremadu, in embarking on its task of proposing amendments, wisely eschewed the wholesale approach and focused primarily on electoral reforms.Through the tremendous work of that committee, and of its counterpart in the House of Representatives, the National Assembly was able to make history in 2010. It not only successfully amended the constitution, but also passed into law the Electoral Act, 2010. The general election of 2011 and the elections conducted thereafter, have been the beneficiaries of those legislative efforts. Our elections may not yet have attained the desired degree of perfection, but there is a growing realisation that impunity is no longer welcome in our electoral process.The seventh Senate inaugurated a fresh Senate Committee to continue the unfinished task of constitution review. To ensure continuity, the bulk of its membership is drawn from the old committee and it is also headed by the same indefatigable Senator Ekweremadu, Deputy President of the Senate. Realising that constitution review is too serious a business to be left to politicians alone, the new SCRC immediately called for memoranda from every one.I am told by the chairman that the response to the call for memoranda has been impressive. The sweep of the topics covered by the received memoranda, I am also told, is vast and covers the entire spectrum of the 1999 Constitution. Memoranda have been received from virtually every stratum of Nigerian society. It is my view that the impressive response underscores the deep desire of our people to be governed in accordance with democratic norms.Today, the committee is here in this tranquil and historic city of Asaba, to reflect, to ponder and to chart a road map. With refreshing humility and realising the historic resonance of the task ahead, the committee has reached out to some of our best brains, drawn from a diverse spectrum of our society, to come and sharpen the perspectives of its members. I am extremely encouraged and excited, not only by the approach, but also by the response.Your Excellencies, distinguished colleagues, ladies and gentlemen, let me assure you that the National Assembly will not foist a fait accompli on Nigerians, under the guise of constitution review. No senator harbours any preconceptions as to what is to be inserted into the constitution. The constitution is for all Nigerians and not for senators alone. It is therefore the synthesis of the true will of the Nigerian people that will be reflected in the constitution. But what we will not allow is for a vocal minority to foist its dictates on Nigerians. The Senate will resist any such attempt; we will certainly not permit the thunder of a fraction to drown the voice of the nation.Once again, distinguished colleagues, I urge that we jettison the holistic or wholesale approach. Rather, attention should, for now, focus on those areas that compel urgent review. Ours is a complex society in which the forging of a national consensus on borderline issues is an arduous, if not impossible, task. Happily, however, a broad consensus seems to have crystallised around the following areas, namely 'a. Devolution of powersb. Fiscal federalismc. The concept of federating unitsd. The system of local government administration, including funding, creation and autonomy.Other areas include:e. Judicial reforms.f. Creation of states.g. National security'terrorism and insurgency.h. Boundary adjustment.i. Further fine-tuning of the electoral system.j. State police.k. Citizenship versus indigeneship.l. Role of traditional rulers.m. Prisons.As the Senate braces for this phase of constitution review, it is important to bear in mind that a constitution, being the fundamental law, or the groundnorm, must define, with imagination, the terms of the social contract. It must guarantee fundamental rights and civil liberties and the mechanisms for their enforcement.Happily, the 1999 Constitution already contains provisions enshrining the principle of separation of powers, a system of checks and balances, an independent judiciary and a free press. Constitution review must deepen these hallowed and cardinal democratic principles and strengthen the institutions that guarantee them.Sections 8 and 9 of the Constitution of the Federal Republic of Nigeria (1999) vest in the National Assembly the exclusive right to initiate constitution review. The task, however, is not made any easier by the fact that ours is an inflexible constitution whose provisions cannot be altered by ordinary forms of legislation. Therefore, the success of the exercise requires the keen participation, commitment and co-operation of several stakeholders who must be carried along. These include the Houses of Assembly of the 36 states of the federation, the federal and state governments and the general public. The Senate will therefore work with all these critical stakeholders to accomplish this historic task. The task will not be an easy one, but it is also not an impossible one.I wish however to remind Nigerians that constitution amendment alone, without attitudinal change on the part of every citizen, cannot guarantee democracy. Nor will constitutional amendment alone banish terrorism and insurgency, corruption, kidnapping or the orgy of violence presently ravaging the sinews of our corporate existence. Constitution review should therefore not be seen as an end in itself. To run a democratic system successfully, the leaders and the led must show democratic impulses. It is the cultural basis of the democratic project.Your Excellencies, distinguished colleagues, ladies and gentlemen, having said these few words, I now declare this retreat open.Senator Mark (GCON, fnim), the Senate President, delivered this address at the opening of the Retreat of the Senate Committee on the Review of the 1999 Constitution at the Delta Convention Centre, Asaba, Delta State, on the 20 July, 2012.
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