Etymologically, democracy connotes
a government based on stipulated principles and rules. For that reason, it is
uncompromisingly devoid of sentiments and individual proclivities. Essentially,
democracy is procedural in nature. This implies that even where an omission or
commission exists, irrespective of the intent, the nonconformity to the laid
down procedures will certainly defeat the issues. No doubt,
the convocation of the Justice Mohammadu Lawal Uwais-led 2008 Electoral Reform by
late President Umaru Yar’Adua’s administration and subsequently, the 492-man
Justice Idris Kutigi-led 2014 Constitutional Conference by Dr. Goodluck
Jonathan’s administration were by common sense, and overtly a desideratum.
With
the plethora of highly sensitive issues affecting the nation particularly, the
contentious revenue-sharing formula and conflict-ridden political structure of
the nation, coupled with the calibre of
participants at the conferences, one could, in a cursory look expect that its
recommendations be automatically adopted and implemented without even going
through the democratic process accordingly. Remarkably, the two reformatory conferences
created an atmosphere to disagree-and-agree on critical issues as evidenced at
the conclusion of the exercises.
"We have held
a National Conference and we are more united today than ever," the
conference Chairman, Justice Kutigi said. Similarly, head
of the northern delegates, Alhaji Ibrahim Coomassie applauded the conference adding
outstandingly that whatever they did, they "did so for one Nigeria". The
south was also not left out. His southern counterpart, Chief Edwin Clark cheerfully
attested, "We came in, we came out and we conquered."
While receiving the reports, Jonathan unequivocally
registered his gratitude promising to do the needful towards the effective
implementation of the recommendations.
"It is now very clear
that as Nigerians, we have devised a way of addressing and resolving our
differences amicably: We dialogue and dialogue until we agree. We shall send
the relevant aspects of your recommendations to the Council of State and the
National Assembly for incorporation into the constitution. On our part, we
shall act on those aspects required of us in the executive," he
enthusiastically said.
Nonetheless, it would be recalled that the constitutional
conference was hurriedly initiated while Jonathan was to contest his first
election during the completion of the late Yar’Adua’s tenure, an action most
people believed was politically motivated. Hence, while
the president and the delegates revel at what they see as accomplishments on
the conference, critics dismissed it as a diversionary tactic and waste of public
resources. By and large, over 600 resolutions and a 10,335-page report were produced
at its end and submitted to the government.
Disappointingly, the high hopes
of the participants who roughly fought in defense of their respective geopolitical
zones, ethnic and interest groups, and above all, the citizenry at large were
dashed after waiting endlessly for the implementation despite the enormous fund
lavished on the exercise.
Undoubtedly, since the conclusion
of the conference, notable voices have severally and jointly called for its
implementation noting that the conferences ably represented the views of all groups
that collectively make up the nation, and therefore should reasonably be
implemented towards actualizing enduring peace, equity and justice. Ostensibly,
the then government of Jonathan appeared adamant and insensitive after winning
the election despite the fact that it willingly initiated and funded the
exercise without approval from the legislature, and up till the end of his
administration, the exercise remained a jamboree till it deceitfully resurfaced
during his re-election campaign, this time among the numerous campaign promises
to Nigerians.
Apparently, to acquiesce to the
public outcry and dutifully convoke the conferences in a nation like Nigeria that
is grossly characterized by all form of electoral malpractices, imbalances,
marginalization and tribalism was blatantly overdue and thoughtful, be it for
personal motive or otherwise. However, democracy as a procedural government specifically
demands stipulated patterns and due process. Among the milestone
recommendations at the constitutional conference are, to wit;
§ Scrapping
the current system of 774 local authorities - this is intended to save money
and reduce corruption. States would be able to set up their own local systems
§ Creation
of 18 new states - equally spread around the country. Also suggested that
states wishing to merge can do so if certain conditions met
§ Revenue
allocation - proposes reducing share of national income going to the federal
government and increasing share for the states
§ Modified
presidential system of government that combines the presidential and
parliamentary systems of government. The president should pick the
vice-president from the legislature
§ Power
should be shared and rotated at all levels of government. Presidency should
rotate between north and south and among the six geo-political zones of the country. Likewise,
the governorship post should rotate among the three senatorial zones in each
state
However, by virtue of Section 4 (1),
(2) and (3) of the 1999 Constitution of Federal Republic of Nigeria, the
legislative power of the nation is exclusively vested in the National Assembly
for the federation, and the House of Assembly for the states.
4(1) “The legislative powers of
the Federal Republic of Nigeria shall be vested in a National Assembly for the
Federation, which shall consist of a Senate and a House of Representatives.”
4(2) “The National Assembly shall
have power to make laws for the peace, order and good government of the
Federation or any part thereof with respect to any matter included in the
Exclusive Legislative List set out in Part I of the Second Schedule to this
Constitution.”
4(3) “The power of the National
Assembly to make laws for the peace, order and good government of the
Federation with respect to any matter included in the Exclusive Legislative
List shall, save as otherwise provided in this Constitution, be to the
exclusion of the Houses of Assembly of States.”
By implication, under strict framework
of democracy, the federal government lacks the powers to make laws for the
federation except through the National Assembly irrespective of the
personalities involved in any conference. The truth, they say is bitter,
nevertheless, the earlier it is told, the better. If the exercises were not politically
motivated, though incontrovertibly, scored a remarkable goal by creating for
the first time, a laudable platform for all the stakeholders to sit together
and discuss the ‘oneness’ of Nigeria contrary to the controversial preamble in
the constitution.
It would be recalled that the
military junta in power then imposed a propaganda as a preamble of the
constitution without any form of consultation or deliberations, “We the people
of the Federal Republic of Nigeria;
Having firmly and solemnly resolve, to live in unity and harmony as one
indivisible and indissoluble sovereign nation under God, dedicated to the
promotion of inter-African solidarity, world peace, international co-operation
and understanding ….”.
Suffice to say, therefore that
the survival of the electoral reform and constitutional conferences conducted outside
the chambers of the National Assembly by non-elected members are absolutely at
the mercies of the distinguished Senators and honourable members of the House
of the Representatives who may not even allow it pass through the first reading.
Incidentally, the crooked means by which some of them got into the offices
would certainly discourage them from passing them into law particularly the
electoral reforms knowing that the reform will certainly catch up with them during
subsequent elections, while the constitutional reform would remain frustrated
by egotism. It is on this account that making laws in a democratic government exclusively
follows strict procedures.
Conclusively, the way out of this
catastrophe is to direct all the pressures to the members of the National
Assembly from various constituencies across the nation towards revisiting the
electoral reform and constitutional conferences. If not, to continue to demand
from the federal government for its implementation will remain a futility as it
obviously lacks powers to implement recommendations in such conferences that
are unknown to the laws of the land or import the reports into the nation’s
constitution. By the concept of sovereignty, the ‘duly elected’ members of the
legislature are the lawful representatives of the people irrespective of the
pedigrees, and not high profile citizens selected for such a conference.
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