In Bauchi, reactions to the call for a new Federal Constitution have highlighted that such a move is justifiable, given the perceived flaws in the 1999 Constitution as amended. Critics argue that the current constitution is no longer tenable in the present political dispensation.
Comrade Abdullahi Yalwa, a public affairs analyst and commentator, remarked, “Let me start by admitting the fact that nothing is unchangeable except change itself. Let me also acknowledge the fact that the 1999 Constitution of the Federal Republic of Nigeria is not a perfect document.”
He added, “However, it is obvious that our problem has more to do with our attitude—or, simply put, our reluctance to do the right thing. This includes the tendency to manipulate or bend the constitution, like other laws of the land, to satisfy our egocentric interests.”
Yalwa emphasised, “Those advocating for a constitutional amendment have the right to their agitation, but they should first insist on the sincere and honest implementation of what we currently have.”
The National Publicity Secretary of ASUP added, “To me, the human or Nigerian factor, as we accept it, is the biggest problem we must overcome to achieve anything meaningful, including having a truly Nigerian constitution.”
He continued, “Different groups seem to have different definitions of a true Nigerian constitution, each with a hidden selfish agenda against the constituent parts of the country. It is, therefore, impossible to satisfy such parallel demands within the same document, such as a state constitution.”
Yalwa concluded, “Nigerians must make more sacrifices to allow their constitution to work or to work with it—or create a better one. We must learn to live together as civilised people or perish together as fools.”
He also noted, “No constitution can resolve all our problems, and no such constitution has done so anywhere in the world. A new constitution with an old mindset is an effort in futility, but a refined attitude can be used to make our flawed constitution serve us better. Together, we are better and stronger, but not without facing our problems for improvement.”
Barrister Jibrin S. Jibrin, Esq. (Jakkadan Tirwun, Danmalikin Miri), immediate past chairman of the NBA Bauchi Branch and member of the Governing Council of the NBA Human Rights Institute, Abuja, shared a similar view. He stated, “It is my view that the issue is not about having a new constitution. It is rather the question of faithful implementation.”
He added, “Considering the fact that no human law is perfect, a faithful observance of the Constitution would have made a huge difference in the lives of the people since the most important thing is the impact the system makes in terms of the dividends of democracy, not necessarily whether the law (i.e., the Constitution) has answers to all the questions. In support of this view, reference is often made to the USA, whose Constitution has been reviewed far fewer times compared to countries like Nigeria, especially if you consider the length of time that civil rule has been in operation in both countries.”
He further stated, “Another example is the issue of the relationship between local governments and states regarding the release of funds due to the councils by the states, having democratic structures in place instead of caretaker committees, etc.”
Jibrin concluded, “The point I am trying to make here is that, ordinarily, governors should have been more responsible and observant of the constitutional provisions dealing with local councils, such that it wouldn’t have required the current Tinubu-led administration going to court before the issue of releasing funds due to the councils would be settled.”
“Ordinarily, the constitution has provisions in place to ensure that the right actions are taken in these areas, but due to the mindset of most of our leaders and their character deficits, we often have to go to great lengths to get things done correctly,” he added.
The legal practitioner further stated, “So, in essence, my point is that a new constitution is neither the issue nor the answer in Nigeria. Yes, there may be a few areas requiring a review, but what benefit will that bring when most Nigerians prioritise their personal, selfish, and sectional interests above those of the country? Therefore, I stress that, at this moment, a new constitution should not and is not our priority as a nation.”
“As I have already noted, the problem lies more with the people (i.e., political actors and leaders) who operate under the law than with the law itself. If we had leaders in the mould of the great Sardauna, Awo, and their likes, our lot as a people and a country would have been much better, such that we would be satisfied with the constitution as it is because its positives far outweigh the negatives. We must remain conscious of the fact that no human effort or product is ever perfect,” he concluded.
According to the Speaker of the Bauchi State chapter of the Youth Assembly of Nigeria (YAN), Rt. Hon. Sani Danaudi Mohammed, the call by the Patriots, led by former Commonwealth of Nations Secretary-General Chief Emeka Anyaoku, urging President Bola Tinubu to send a bill to the National Assembly to produce a people’s constitution to save the country from protracted crises is long overdue.
He opined, “The federating units are dysfunctional and ineffective, necessitating an urgent review of the 1999 Constitution to capture the interests of Nigerians and add value to their lives.”
He added, “The current constitution has failed to address the country’s diverse needs, leading to widespread discontent and agitation for reform. The call for a people’s constitution seeks to create a more inclusive and representative framework for governance.”
Discussing what is wrong with the 1999 Constitution and why, the YAN Speaker stated, “It was enacted without sufficient public input or participation. Multiple amendments have led to inconsistencies and loopholes. Some provisions are outdated or not reflective of Nigeria’s current realities. It has been accused of being overly centralised, neglecting regional and local interests.”
“The 1999 Constitution has been criticised for its inability to promote national unity, stability, and progress, contributing to political instability, economic stagnation, and social unrest. Its rigidity has hindered reforms, while ambiguities have led to conflicting interpretations and power struggles, perpetuating inequality, injustice, and underdevelopment,” he added.
He added, “The 1999 Constitution has been criticised for several reasons:
- The problem lies with both the constitution and its operators. Flaws and ambiguities create opportunities for misinterpretation and manipulation.
- Politicians and leaders often prioritise personal or group interests over the nation’s well-being, leading to poor governance and crises.
- Provisions are not always enforced or implemented effectively, contributing to ongoing challenges.”
According to him, “a people’s constitution, draughted through inclusive processes, could address these issues and provide a robust foundation for Nigeria’s governance and development. However, effective implementation, leadership, and governance are also essential.”
He stressed, “The call for a people’s constitution presents an opportunity for Nigerians to come together and shape their future. A national conversation must be initiated, involving all stakeholders, to focus on values, principles, and aspirations for the new constitution.”
“Ultimately, a people’s constitution can transform Nigeria’s governance, politics, and society, building a more just, equitable, and prosperous nation,” he added.
Sani Danaudi Mohammed concluded, “As an independent Youth Assembly, we will offer suggestions and bring to the National Assembly’s attention issues that need to be addressed. The current constitution has limited Nigerian youths in many aspects, and we support the Patriots’ call to President Bola Ahmad Tinubu.”
According to Muhammad Aminu Tukur, a Chieftain of the APC, “Human society is a civil one, governed by ethics, morality, and rules. The Nigerian nation is a human society with diversity in culture, language, beliefs, and values. Given these differences, it is important to consider them when designing a constitution that will serve as a unifying set of laws to steer the nation.”
The politician stressed, “The Patriots, led by Chief Emeka Anyaoku, are a group of concerned citizens who, in my view, wish to return the country to the British Parliamentary system of government. To them, it’s a better option as it involves fewer financial implications to operate, which is true.”
“Never forget that it’s equally less dictatorial and easier to reshuffle, reroute, and redesign to suit the interests of the moment,” he added.
A former member of the State House of Assembly emphasised, “The 1999 Constitution, despite several amendments over the past 20 years, still requires further alterations to align with the current aspirations and needs of Nigerians to be truly effective and suitable.”
According to him, “A critical assessment of the 1999 Constitution reveals that it was hastily crafted by a narrow-minded group with little interest in the greater good, enabling them to rule with impunity.”
Aminu Tukur highlighted, “The strangulation of local governments, the judiciary, state assemblies, and the irrational distribution of constituencies are some of the glaring flaws of the 1999 Constitution.”
He added, “Despite several attempts over the years to amend it, the changes have still fallen short of the expectations of most Nigerians. However, with honest and comprehensive further amendments, the constitution could become workable—provided there is political will to implement it.”
“In conclusion, I’ve often stated that there is a lack of political will among our leaders to implement policies effectively. Laws are frequently interpreted to serve interests rather than justice,” he noted.
He stressed, “Despite the discrepancies associated with the 1999 Constitution if the elite class were sincere, the decay and lack of purpose we are currently experiencing wouldn’t have emerged. The leadership class must prioritise the nation over personal interests.”
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