Negotiated constitution will confer legitimacy ― Anyim

With more voices clamouring for a fresh constitution that will restructure the country on the path of federalism, former Senate President Anyim Pius Anyim has advocated a new negotiated constitution, which he believes will confer legitimacy on it.

In a keynote address at the International Research Conference on ‘50 years post-Nigerian civil war: Issues, Challenges and Prospects Towards National Integration, Justice, Peace and Security, organised by the Centre for Health and Allied Legal and Demographical Development Research and Training of the Nnamdi Azikiwe University, Awka on Tuesday, Anyim spoke on a number of issues including the 1967-1970 civil war, constitution, local government, federal character citizenship and federalism.

“A deeper analysis of the sequence of events leading to the war would highlight two major causes – constitutional crises and ethnic response to national issues. On the issue of constitutional crises, it is imperative to look deeper into some issues that have continued to reoccur in our national discussion.

“For example, there is a discordance on whether the abrogation of the 1963 constitution by the military is valid or not and also whether the military can legitimately give Nigeria a new constitution.

“The supreme court has ruled that when there is a successful coup, it overthrows the old order and can enthrone a new order.

“This position is also not conclusive because the principle goes further to maintain that the new order subsists as long as the intervening force is in control.”

“In this case, while the military rule endured there was no challenge but since they exited, the legality or otherwise of their actions has become subject of contention.

“This conference should further interrogate the place of the 1963, 1979 and 1999 constitutions of Nigeria in our progress to nationhood.

“This is because the current agitation for restructuring lies within the delicate legality or otherwise of these constitutions.

“It is also important to examine whether the constitutions that succeeded the 1963 constitution effectively addressed the circumstances that gave rise to the western region crises.”

According to him, Nigeria would derive immense benefits, including state legitimacy and citizen psychological relief from a freely negotiated constitution.

“That legitimacy would, undoubtedly, serve as the basis of a new Nigeria whose challenges would not be legitimacy crisis.

He advised that rebuilding faith in Nigeria, building a new national consensus and deescalating the rising tension all over the country should be the most urgent task of the national leadership.

In his opinion, there is a need for government to inquire into the triggers of the civil war and evolve broad-based strategies to pre-empt the triggers and diffuse them before they snowball into a national crisis.

“In my opinion, our response in this regard has been rather uncoordinated, haphazard and devoid of a coherent strategy backed by data,” he said.

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