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Friday, November 30, 2012

Constitution Review, another Distraction



Also published in Daily Trust 



Wondering what real value could the on-going constitution review add to the life of the average Nigerians in terms of alleviating their suffering, I find the whole process as yet another grand distraction designed to further distract Nigerians from the actual panacea to the country’s numerous predicaments, and in the meantime provide more manoeuvring space for the largely indifferent ruling elite.

Though the current Nigeria’s constitution is not perfect after all there is no perfect constitution anywhere in the world, yet the notion that it is responsible for the country’ predicament is not accurate, because it is perhaps one of the most detailed constitutions in the world, which, despite its shortcomings, provides the necessary legal bases for the country to not only survive but also thrive. Moreover, though some of the suggested amendments being proposed for consideration in the upcoming amended constitution are relevant, many of them are lopsided and designed to primarily serve some narrow ethno-sectional agendas most of which are fundamentally conflicting.



Incidentally, though I dislike many Nigerians’ fondness of comparing Nigeria to many functional countries including some of the most advanced also, yet I believe there are of course certain funny characteristic ironies with Nigeria that only pop up more vividly when compared to similar situations in some of such functional countries.  For instance, despite being roughly twice the population of Nigeria, and despite having the largest economy in the world, the United States constitution including the amendments it has undergone over more than two hundred years of the country’s existence is not more than twenty pages, while the United Kingdom does not have a codified constitution at all.

The core difference between Nigeria and such functional countries is that, while such countries pursue tangible developments, we exhaust our much needed energy and skills in mere formalities, which also hardly if at all culminate in the addition of any real value worth the resources, time and energy invested or rather wasted in the process.

Anyway, in as much as I appreciated the concern shown by Nigerians when they recently turned out massively all over the country for public hearing on the constitution even though I wasn’t there to witness it in reality, I lamented how the ruling elite seems to have addicted the fun they apparently derive by toying with our collective intelligence. A day before the nationwide public hearings, a friend of mine, who ardently follows current affairs in the country despite his humble familiarity with the intricacies and intrigues of leadership and politics called me all the way from Kano asking me to write something for him which he would submit at the hearing. Admittedly, I obliged out of respect for him because I realized that his suggestions and indeed those of millions of Nigerians like him would only count (if at all) according to the extent of their coincidental agreement with the agendas of the ruling elite, instead of their worth.

After all, all other similar processes which are conducted from time to time ostensibly to engage the general public in the process of the formation of any state, regional or national strategic policies are merely intended to give legitimacy to some initiatives which the elite grossly abuse anyway.

Incidentally, fortunately enough for the ruling elite, the average Nigerians are innocently very forgiving in nature when it comes to their relationship with the ruling elite, which explains why they (i.e. elite) simply take them for granted.

Interestingly enough, during the nationwide debate over the constitutionality or otherwise of the adoption of Shari’a by some northern states in the 2000s, the then government of Kano state, which was widely believed to be reluctantly pursuing the Shari’a adoption process in the state, and was under enormous pressure from the people, introduced some “suggestion boxes” to collect written public opinions ostensibly for onward delivery to the federal government.

Many people took it serious, and in order to make it easier for as many people as possible to express their support for the Shari’a, some community activists prepared and distributed copies of some typed text indicating support for the adoption, hence all what one should do was only to write his name and perhaps address in the blank spaces provided therein. Yet, I didn’t take it serious and was sceptical of the whole process; needless to say I didn’t bother to collect a copy.  However, unknown to me, my father had already got many copies, so he instructed me to fill them out on his behalf and each member of the family including me of course. That was how I ironically ended up filling out many copies of such typed text for myself, parents and my numerous brothers and sisters.

Anyway, back to our topic, the reality is that, as long as the lack of political will and indifference that define the ruling elite’s mentality persist, no amount of constitution review can address the country’s predicaments. After all, the value of any man-made legal provision depends entirely on the extent to which it is actually implemented by those who formulate it. Under current circumstances, even if the whole constitution is changed, I don’t think the average Nigerians especially those at the grassroots will feel it. It is simply a process that would eventually lead to the ascension of some potential looters and the relegation or even elimination of some of the current ones, depending on one’s connections and mastery of intrigue and manipulation.

All what Nigeria badly needs are systemic overhaul and consistent and systematic assimilation of the rule of law in practice, where the existing laws will be binding on everybody in practice, instead of theory, so as to usher in the culture of reward and punishment, where hard work and honesty pay off while dishonesty attracts appropriate punishment without impunity.

Admittedly, this is neither an easy job nor an event to mark or celebrate; instead it is a continued process that necessarily requires political will and policy consistency to nurture and sustain over time to attain maturity. And once it matures enough, it automatically translates into sustainable political stability, social cohesion and economic prosperity, which are the main characteristic of functional countries. Meanwhile, whatever constitution review needed could be done in such a civilized atmosphere to make further improvements and do away with any provision(s) found to have lost its relevance.

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