Constitution reforms and the governance question in Nigeria
By EricJames Ochigbo, News Agency of Nigeria (NAN)
To ensure good governance and a just society, Nigeria’s National Assembly, in collaboration with the 36 state Houses of Assembly, embarks on constitution review exercises every four years.
This periodic exercise is usually done by updating existing laws, introducing new provisions and aligning the country’s legal framework with evolving political, social and economic realities.
In theory, these reforms offer critical pathways to strengthening democracy, deepening federalism and entrenching good governance in Africa’s most populous country.
In reality however, constitution reform in Nigeria is neither a simple nor a swift undertaking. Rather, it is a capital-intensive, time-consuming and painstaking process that demands broad national consensus.
As part of the process, stakeholders and citizens are expected to submit memoranda on proposed amendments or new legislations to the National Assembly which then organises consultations and zonal public hearings across the geo-political zones.
The lawmakers, after debating and voting on the bills, then transmit successful proposals to state Houses of Assembly for approval by at least two-thirds of members.
It is after the completion of this process that such amendments are forwarded to the president for assent.
The rigour of this process underscores the importance attached to the constitution as the grundnorm of the Nigerian state.
Yet, more than two decades after the return to civil rule in 1999, the promise of good governance appears to be largely unfulfilled.
Nigeria continues to grapple with entrenched challenges, such as worsening insecurity, pervasive corruption, weak institutions, poor service delivery and steady erosion of public trust in government.
These realities have raised concerns on whether constitutional amendments alone can address the deep-seated governance challenges in the country.
It is worth noting that some noticeable gains had been made in previous constitution review exercises.
For instance, the amendments passed by the Ninth National Assembly empowered states to generate, transmit and distribute electricity, granted financial autonomy to state legislatures and judiciaries, and harmonised the retirement age of judicial officers, among others.
These reforms were indeed widely applauded as steps towards true federalism and institutional independence.
However, many of the provisions have either been selectively implemented or completely undermined by political interests, bureaucratic bottlenecks or institutional inertia.
While the constitution clearly spells out the roles and responsibilities of public office holders, accountability mechanisms are often weakened by political interference.
Even though anti-corruption agencies exist, yet their effectiveness is frequently questioned due to selective application of the law, prolonged judicial processes and perceived lack of independence.
Similarly, fiscal and administrative provisions designed to strengthen sub-national governance appear not to have translated into improved service delivery at the grassroots.
These unresolved issues, alongside the long-standing agitation for reserved legislative seats for women, establishment of state police, greater local government autonomy, independent candidacy and other electoral reforms, are now squarely on the agenda of the ongoing constitution review by the parliament.
Rep. Benjamin Kalu, Deputy Speaker of House of Representatives and Chairman of the House Committee on Review of the Constitution, has repeatedly assured Nigerians that the current exercise will deliver a constitution that will promote good governance and effective service delivery.
He has equally acknowledged that public expectations are high and that the legislature must rise to the occasion.
Speaking at a constitution review retreat in Enugu State recently, Kalu said Nigerians desire a constitution that would empower local governments to deliver services, streamline electoral justice, strengthen fiscal federalism, guarantee women’s full participation in governance and enhance accountability at all levels.
“It is in this vein that we have assembled a distinguished panel of constitutional lawyers, scholars and policy analysts who will guide our deliberations, provide comparative perspectives and help us navigate complex legal and political terrain,” he said.
At a separate workshop in Lagos, the deputy speaker emphasised that the constitution review process must be guided strictly by national interest rather than individual, party or regional considerations.
According to the lawmaker, every article, clause and decision should be evaluated based on what best serves Nigeria and the interest of its citizens.
He urged lawmakers to remain anchored on three guiding principles: unity of purpose, legislative discipline and national interest.
“Our political differences must dissolve here. On constitutional reform, Nigeria must speak with one voice.
“Every decision we take must answer one question: Is this what is best for Nigeria, not for our parties, regions or political ambitions, but for the millions of Nigerians whose hopes our actions will shape?”
However, despite these assurances, critics argue that Nigeria’s constitution review exercises tend to focus more on amendments than on outcomes.
Analysts and experts also contend that the country’s governance crisis is not rooted in the absence of laws but in ineffective implementation, weak enforcement and, in some cases, selective obedience to the rule of law.
Findings have shown that Nigeria is widely regarded as one of the most-legislated democracies in Africa, with a constitution that has undergone multiple amendments and an extensive body of laws regulating almost every aspect of public life.
Dr Chibuzo Okereke, a legislative expert, stressed the need for rethinking the legislative process to ensure that lawmaking translates into tangible democratic dividends.
According to Okereke, Nigerians want to see greater legislative assertiveness, particularly in oversight, to hold the executive accountable and protect the interests of constituents.
In a similar vein, an elder statesman Chief Emmanuel Ogidi, believes that weak implementation by the executive arm remains a major obstacle to good governance.
Ogidi notes that more attention is usually paid to winning elections than implementation of budgets and laws that can improve citizens’ lives.
“We have been playing politics with hunger and insecurity, and only a few benefit from it while the masses continue to suffer,” he said.
Governance experts insist that meaningful progress will require a deliberate shift from a culture of lawmaking to one of law implementation.
This shift, they argue, must involve strengthening institutions, safeguarding judicial independence, enforcing sanctions for breaches of the law and promoting transparency in public administration.
According to them, without these measures being put in place, even the most progressive constitutional provisions risk remaining mere words on paper, academic exercises or rhetorics, with little or no impact on the daily life of an average Nigerian.
As the National Assembly once again undertakes another round of constitutional reforms, Nigerians are watching with cautious optimism.
The central question remains whether this exercise will go beyond the familiar ritual of amendments to confront the enduring challenge of implementation.
To the experts, until laws are faithfully executed and institutions empowered to function without undue interference, constitutional reforms alone may continue to fall short of delivering the good governance Nigerians have long been yearning for.
The legislature, which is the emblem of democracy, is, therefore, expected to live up to its mandate by ensuring proper oversight for effective implementation of laws.
Analysts say that citizens should also shun undemocratic choices and hold their representatives accountable in order to ensure the enthronement of the long-awaited good governance in Nigeria.(NAN Features)
*** If used, please credit the News Agency of Nigeria and the writer.