Constitution Review: The intents and purposes

updated: Tuesday 01-07-2008

From left, Senate Leader, Senator Teslim
Folarin; Head, Political Science Department,
University of Ibadan, Professor Adebayo
Okunade and Dr. Ayo Hammed, who
represented the Vice Chancellor,
Professor Olufemi Bamiro, arriving at the
venue. Photo: Tunde BabajideThe need for the review of the 1999 Constitution, again, came up for discussion recently at a one-day roundtable session organised by the Political Science Department of the University of Ibadan. Dolapo Ekanade highlights the various professional suggestions towards creating a workable constitution that will truly reflect the Nigerian experience.

A major consensus arrived at by all discussants that participated in the one-day roundtable discussion, focused on the fact that the 1999 Constitution was a caricature of a modern constitution imposed on citizens by a fleeing military regime as an escape route for all its infamous acts.

The need for a review and suggestions towards creating a workable constitution came up for discussion recently at the conference centre of the University of Ibadan, where the programme organised by the university’s Political Science Department was held.

The one-day roundtable discussion tagged “Constitution and Constitutional Reform in Nigeria” was attended by eminent professionals of different genres, from the media, academia, legal practice and the political class among others. It also provided a fertile learning ground for other stakeholders including students.

In his keynote address, entitled “Constitutional Reform In Nigeria: Issues, Contestations and Solutions” the Senate leader, Senator Teslim Folarin, representing the Oyo central senatorial district, emphasised the need for a speedy departure from a constitution that was imposed by a departed military government to one that would truly proclaim the sovereignty of Nigerians in determining their terms of governance.

Speaking further he said, “what we have as preamble to the 1999 Constitution vainly ape at best, other written constitution of other countries without reflecting the Nigerian experience in any form.”

Parts of the constitution, cited by the senator as ripe for review include; the challenge of federalism, revenue allocation sharing, creation of more states (where he again advocated the creation of Ibadan State out of the present Oyo State), elections and representation, government system (whether parliamentary or presidential), the Niger Delta crisis and the flagrantly abused immunity clause. Despite it being an adoption of the American system, Folarin called into question its continued retention in view of its suitability to the Nigerian experience.

Senator Folarin concluded by stating that “a constitution is not good in itself. It is only an instrument of achieving justice, ordering society and of allocating resources to ensure the dignity of life and the sustenance of society, peace and good governance… even if we have a good constitution, we are not going to have a good society and state if the citizens are not law-abiding and order-regarding. It is however fundamentally important that we have a good constitution.”

In his own contribution, Chief Rotimi Akeredolu (SAN), identified the need of the present day Nigeria as a simple, workable constitution that could, if possible, be easily translated into all languages so that it can be understood by the diverse ethnic groups across the country.

For him “the present 1999 constitution is too cumbersome.” He added that the constitution must internalize federalism and ensure independence for all commissions established by providing finances for their proper functioning.

He made a departure from the parliamentary and presidential system, which he said are both foreign hand-me-downs and advocated a total system of government where the ruling class would view the totality of power as belonging to the people.

On the immunity clause, Akeredolu opined that office holders could still be tried after leaving office since their offences are not statute barred and advocated for the retention of the immunity clause in the constitution.

From the academia, a professor at the Center for Policy Research, Ibadan, Professor Oyeleye Oyediran, said that there was the need to throw away the military-concieved constitution. He posed the option of whether to return to the parliamentary or retain the presidential system of government, which he said is often regarded as expensive. He concluded that “It is not so much as the system that we use but those who use the system.”

His view was also supported with echoes of a truly representative government by the likes of Professors Alaba Ogunsanwo, Femi Mimiko and Ayo Olukotun.

Dr. C.B.N Ogbogo of the university’s Department of History spoke passionately about the Niger Delta crisis and resource control. He said that the Land Use Act of 1978 must be re-examined because it had disempowered the Niger Deltans from their rightful claim on their resources.

“Remove the Land Use Act that has castrated the Niger Delta people and we may begin to address the problems affecting the area,” he stated.

What, however, drove home all the suggestions made by the panel was the blunt view held by human rights activist and Chairman, Voters Assembly, Ibadan, Comrade Moshood Erubami.

He adopted the positions of previous speakers and pointed out how imperative it was to identify the hindrances to achieving all solutions that the senator and other previous speakers had presented in their papers.

He queried why political elite were quick to constitute electoral reform panels when in fact, the tools used by them to rig elections was not provided for in the Electoral Act. In his view, the custodians of the constitution were the first to violate it.

In his paper entitled “Constitution Reforms Without Constitutionalism” Erubami identified the way out as genuine federalism, faithful reforms, broad participation by society groups, inclusive citizenship, class war against political infidels among others.

His viewpoint met with a thunderous applause from participants and stakeholders may have echoed the thought of many Nigerians that solution lies not only in constitution review but in addressing the intents and purposes of the custodians of the supreme law.

Spidel holds second annual forum

Akeem Nafiu, Lagos

Legal and administrative framework to protect investors and a proposed review of the Investment and Securities Act (ISA) 2007 were part of the issues discussed at the second annual forum of the Section on Public Interest and Development Law (SPIDEL) held recently in Lagos.

SPIDEL is the third section established by the national body of the Nigerian Bar Association (NBA) towards providing a platform for stakeholders to discuss and raise awareness on public interest and development of legal issues concerning the state of affairs in the country.

At the maiden edition in 2007, the forum focused on Electoral Reforms after which recommendations were submitted to the NBA and the Electoral Reform Panel of the Federal Government. However, at the second forum which held at the Ocean View Restaurant in Victoria Island, Lagos, the section focused on the federal government’s economic reforms and the challenges of corporate investment, management and ownership in Nigeria.

The forum highlighted the legal, administrative and policy structure to protect investors generally believed to be weak, despite the astronomical growth being witnessed in investment in corporate entities.

At the occasion, policy makers, regulatory agencies, shareholders’ associations, capital market operators and other stakeholders x-rayed the legal, regulatory and administrative practices towards positive improvement of the shareholders’ rights and investor protection in Nigeria.

In his goodwill message to the event, the Minister of Justice and Attorney-General of the Federation, Mr. Michael Aondoakaa (SAN), represented by a Director in the Ministry of Justice, Mrs. Chibogwu Ibekwe, called for the streamlining of the actions of the market regulators.This, Aondokaa said, will bring sanity to the sector.

In his speech, the Chairman, Senate Committee on Capital Market, Senator Ganiyu Solomon hinted that the upper legislative house is currently looking at the possibility of reviewing the Investment and Securities Act (ISA) 2007.

He said this was imperative in view of the daily expansion of Nigeria’s capital market. While delivering a paper entitled “Shareholder and Investor Protection in an Expanding Economy,” Mr. Tunde Ogowewo, a law lecturer at the King’s College, London, opined that the considerable growth witnessed in Nigeria’s economy in recent years came up because of the beginning of accountable government, high oil prices and key regulatory initiatives.

“There are two essential prerequisites for strong public securities markets; they are that a country’s laws and related institutions must give minority shareholders (1) good information about the value of a company’s business and (2) confidence that the company’s insiders won’t cheat investors out of most or all of the value of their investment through ‘self-dealing’ transactions or even outright theft”, he said.

He stressed the need to address the problem of information asymmetry and reconsider the role of reputational intermediaries (the gatekeepers) in the market.

At the well attended event, the Lagos State Governor, Mr. Babatunde Fashola (SAN) was represented at the occasion by the state Attorney-General and Commisioner for Justice, Mr. Olasupo Sashore (SAN).