Constitutional reform for sustainable development

I must concede from the start that the need for constitutional reform in Nigeria is not a new thing. In fact, it is like a recurring decimal. However, it must be emphasised that the call for the review comes with different grounds and premises. In the instant paper, the major reason is for sustainable development under the country’s political system.

The key words in the topic of the paper are- political system, sustainable development and constitutional reform. These key words are very apposite, given the current state of affairs in our country and the monumental challenges facing the country such as equal and fair distribution of the nation’s wealth.

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In my quest to do substantial justice to this important topic, I find it necessary to explore plausible meanings to explain and describe the key words “Political System”, “Sustainable Development” and “Constitutional Reform”. The word “Political System” has been defined to be “a coordinated set of principles, laws, ideas and procedures relating to a particular form of government, or the form of government itself.”

It is erroneous to think that Nigeria’s democratic political system is still nascent; rather, we tend to admit that due to mentality and peculiarity of Nigeria politics, our politicians are self-serving rather than public servants and in the same vein we are yet to fully achieve the dividends of a democratic political system.

To achieve a truly democratic political system as intended for us by the drafters of-the 1999 Nigerian Constitution (as amended), there are four main steps to be taken, namely: there must be a stable and clearly defined set of institutions for collective decision making and rules governing relations between and within these institutions; citizens and social groups must seek to achieve their political desires through the political system, either directly or through intermediary organisations such as interest groups and-political parties; collective decisions in the political system must have a significant impact on the distribution of economic resources and the allocation of social and political values across the whole system; and there must be continuous interaction between these political parties so as to promote and achieve dividends of a democratic political system with a view to promoting sincere federalism.

It must be emphasized in relation to number four above that political association or affiliation should not be practised in such manner that could result in jeopardising our national interest. Rather, it must be practised in a manner  that it would promote sincere federalism and peaceful national co-existence.

It has been the position of many pundits that the type of federalism intended by the founding fathers of Nigeria has not been worked out. This is because the long years of military rule reinforced centralising tendencies at the expense of the regional/religious/ethnic autonomy.

The way the military administered Nigeria virtually obliterated federalism and inadvertently made Nigeria a unitary state operated in consonance with its centralised command and authority structure. In ascertaining whether the Nigerian practice of federalism is ideal and true, the provisions of the Constitution of the Federal Republic of Nigeria, 1999 have to be examined.

At a workshop organised by the Nigeria Bar Association (NBA), Ikeja branch, on the 18 June 1999 on the new constitution, the late Chief F.R.A. Williams SAN, former chairman of the Constitution Drafting Committee that midwived the 1979 Constitution, described the 1999 Constitution as a “document which tells lies against itself”. Also, professor Itse Sagay SAN, another erudite professor of law, described the 1999 Constitution as a ‘fraud’.

It was the view of the workshop that the 1999 Constitution lacks legitimacy and popular acceptability, partly because of the procedure through which it was made, and partly because of several provisions in it which are alien to all known principles of federalism.

This leads us to the next key word definition, that is, ‘SustainableDevelopment’. In line with the United Nations Agenda 2030, sustainable development is defined as, “Development that meets the needs of the present without compromising the ability of future generations to meet their own needs…

Sustainable development goals in the country call for each state to have full control over their resources and make laws guiding their affairs without interference from the centre. The ability to have reasonable control of their affairs without converting the nation to a confederation and move at a pace that helps develop them will ultimately encourage true federalism and aid development in states.

A typical example in the country is the issue of the Niger Delta, the oil-producing states of the country. The Niger Delta came about through the Niger Delta Development Commission (NDDC) which was established in 2000 by former President Olusegun Obasanjo with the sole mandate of developing the petroleum-rich Niger Delta region of Nigeria.

However in present time, the states that make up the Niger Delta suffer gross  underdevelopment, despite the fact that these states produce oil in the country. If these states are allowed to explore their resources themselves and make use of them in developing their areas while paying royalties to the central government, development will be an expected end. However, the current practice in the country will not encourage the aforementioned practice. This is because the federal system that currently exists in Nigeria is largely in name and not in actual practice.

There is a dire need to retrieve and preserve the federal system of government in Nigeria, because of the huge territorial size of the country, the immense diversity of peoples of different culture, language and religion inhabiting it in order to encourage sustainable development. In order to achieve this feat, the constitution which is the ground norm of the people and for the people is to be reviewed and consequently amended so that the ideal federalism will be duly captured in it. Especially, the excessive powers given to the centre as contained in the Exclusive Legislative List should be cut down and given to the states.

Also, there should be mutual non-interference in the affairs of each arm of government. This will encourage states to move at their own pace in achieving development in their respective areas. Interference into their affairs by the central government consequently slows down the development in the state.

Finally, aligning with the position of Professor Ben Nwabueze, “Federalism is predicated upon the existence of a society composed of various geographically segregated groups divided by wide fundamental differences of race, religion, language, culture or economics. Its purpose is to enable each group free from interference or control by the others to govern ‘itself in matters of local concern, leaving matters of common interest to be managed centrally, and those which are of both local and national concern’ to be administered concurrently”.

Sustainable development calls for concerted efforts towards building an inclusive, sustainable and resilient future for people and planer’. To achieve sustainable development in a working political system there must be: economic growth; social inclusion; and environmental protection. All these elements are connected and crucial for the well-being and sustainability of Nigeria as a country.

There is therefore the need for those at the helm of affairs in this country to take positive steps (going beyond the party manifesto surface) to eradicate poverty in all its forms and dimensions; not just focusing on temporary measures such as “moni-traders” and “N-power” but on enduring poverty eradication policies.

Furthermore, social inclusion involves initiatives by the government of the day that will to a large extent reduce inequalities among the geopolitical zones down to the individual citizens, by way of raising basic standards of living, and promoting integrated and sustainable management of natural resources and  ecosystems.

Globally, implementation and success of equal access to government’s wealth will rely on countries’ own sustainable development policies, plans and programmes and will be led by countries. The Sustainable Development Goals (SDGs) will be a compass for aligning countries’ plans with their global commitments.

Nationally, sustainable development strategies will require resource mobilization and financing strategies. All stakeholders including but not limited to governments, civil society, the private sector, and others, are expected to contribute to the realisation of social inclusion for sustainable development.

Now, the architectural structure and constitutional duty of the elected representatives is to, in the first place, set their mind to possibly amending some aspects of the 1999 Constitution, hence, the definition of constitutional reform, as “… the proposed amendments that would alter in some fundamental way the structure of the government established by the nation’s charter, that is, the organization of the legislative, executive and judicial branches, the distribution of power among them and their interrelationships.”

Chapter Four of the Nigerian constitution has elaborately laid out the proper sustainable development policies making room for even development, equal opportunities and equal infrastructural benefits. Equanimity in the federal structure can be found in Chapter Two of the constitution. The fundamental objectives and directive principles of state policy can be found in Sections 13, 14 and 17 thereof.

• Gbadegesin, is the Solicitor-General and Permanent Secretary, Ministry of Justice, Oyo State.

There is need to specifically amend these sections of the constitution with a view to making them implementable and actionable in order to achieve the set goals. Otherwise, Nigeria’s efforts at achieving national integration will remain largely unrealised with the continued agitations of various ethnic and religious groups.

The fact that Chapter Two of the country’s constitution remains unimplementable is certainly a great challenge in our hands, coupled with lack of the political will on the part of government and until these problems and/challenges are seriously addressed, our efforts to achieve lasting sustainable development may be a mirage.

Notwithstanding the foregoing, it appears that another way round the legal cul-de-sac foisted upon the Nigerian citizen by the non-justiciability of the provisions of Chapter Two of the Constitution of the Federal Republic of Nigeria 1999 (as amended), is for each willing state in the Federation to enact laws in relation to any specific provision that it intends to make mandatory. This in effect, and in relation to such a state will take such provision out of the purview of Section 6 (6c) of the 1999 Constitution (as amended).

In Attorney-General of Ondo State V. Attorney-General of the Federation (2002) 9 NWLR (PT) 772, PG 222 SC, the Apex Court held that the duty to observe the mandate contained in Chapter II of the 1999 Constitution relates most only to “all organs of government and all authorities and persons exercising legislative, executive or judicial powers, but also on private individuals.”

Thus, the constitution obviously does not sanction or approve the non implementability but rather the non-justicicbility of the provisions of Chapter II of the 1999 Constitution.

Further, the implementation and workability of Chapter II would experience a quantum leap, for instance if there is a specific body set up and saddled with the responsibility of the implementation of this chapter, but unfortunately many political office holders are like the proverbial, naturally dirty widow who claims that she hasn’t had her bath since the demise of her husband, they find a refuge in section 6 (6c) of the constitution for their responsibilities.

Every stakeholder such as this organisation must at once rise up to its duties as citizens of this country as

laid out in section 24 (D) of the said constitution by holding your representatives at the various Houses and state Houses of Assembly accountable to push forward the sustainable development goals:

According to Section 24: It shall be the duty of every citizen to:  (d) “Make positive and useful contribution to the advancement, progress and well-being of the community where he resides:”

It goes without saying that although the Judiciary is the last resort of the common men, but if the requisite and relevant laws or statutes in place are violable, then it becomes rather difficult, if not out rightly impossible for the judiciary to function as it ought to function. The inviolability of the requisite and relevant laws becomes imperative. And the application of the law must not be selectively done; it must be holistic in approach.

The judiciary can then fully fulfill its role in the sustainable development of a secured, just and crime free society. The judiciary cannot act or function alone; therefore, the executive must formulate policies and raise bills for passage into law by the National Assembly, as the case may be, to curb rising waves of crime in all ramifications.

The courts are given powers under Section 287 of the constitution to obey decisions of higher courts. The Federal Government, the state government and the local government and all authorities and people are to ensure compliance with decisions, judgments, rulings or orders of the courts in any part of the country.

It is however sad that violent crimes have been on the increase, particularly terrorism, otherwise known as insurgency, kidnappings are rampant, armed robberies are also on the increase. It must a be noted that cyber crimes are also on the increase in the country. Towns and villages are being bombed by armed bandits leading to high level of internally displaced persons (IDPs) which is eating deep into the purse of the nation and its resources. Many people have been killed and are still being killed in broad daylight.

Our roads are no longer safe to travel, particularly in the night. This high level of insecurity are now rearing their ugly heads in the villages and towns; people find it difficult going to their farms and sleeping in their farmhouses for fear of being killed by armed men.

“Nigeria has made progress since its return to democracy in 1999. But a political system crippled by corruption and dogged by ethnic tensions threatens to derail the country from its path towards good governance.”,

All these challenges largely impact negatively on the constitutional reform and’ implementation of the sustainable development goals.

There is the urgent need for all stakeholders to join hands together to not only ensure sustainable development of the polity but to also fight the hydra-headed menace of lack of security and safety of lives and properties of the people.

There is also the need to strategise and fashion out new modern approach and methods of fighting this horrendous situation which has affected virtually all communities in the country. In our communities, the Christian and Muslim clerics as well as traditional religion leaders must strive at all time to preach undiluted message of peace and peaceful co-existence.

Inspite of all, it would seem that our problem as a nation is not really a lack or dearth of law or good laws, but a certain metamorphosis in our collective orientation, norms and values which has largely affected the core or our being.

Everybody now sleeps and dreams wealth, notwithstanding its source. That is our value now – as individual, family, public or political office holder, institutions, in fact, including our religious institutions that should have arisen for our rescue.

One is compelled to identify with the lamentation of Jacques Rousseau, the proponent of the Social Contract, when he observed thus: “Man is born free but everywhere is chain. What has brought him to this point I don’t know. What can bring him out I can’t say.”

Finally, if each of the three tiers of government diligently, and with all sense of responsibilities, perform and carry out their duties as prescribed in Chapter Two of the country’s constitution, particularly sections 13, 14, and 17 (supra), this will fast track and speed up all effort to ensure a constitutional reform and speedy sustainable growth of the Nigerian polity. All these will act as catalyst for social change and well-being of all and sundry.