By Afe Babalola
All persons elected to the legislature would thus be expected to have regular jobs and would only sit in the hallowed chambers of the national assembly on occasions that require legislative business. To describe this as a recommendation of seismic proportions would be an understatement. It would force many politicians who at the moment view membership of the national assembly as a means of wealth acquisition to have a rethink. It would make membership of the national assembly less attractive for such politicians. Further it would ensure that only persons who are truly interested in public service vie for such offices. It would also reduce the huge cost of governance in Nigeria. Avenues for drain of the public purse such as constituency grants may well become a thing of the past. LAST week I examined the Constitution making process in Kenya and Tanzania. While the process adopted by both countries differ, they do share one similarity, to wit, the involvement of the populace in the entire process. Both countries involve their citizens deeply in the process right from the stage of introduction of amendments to a final consideration of just what should make it into the constitution. Suitability of the constitution However the process adopted by Kenya is more remarkable as it involves a referendum in which the citizens vote on proposed Constitutional amendments. This conforms with the position which I have always canvassed on the need for such a referendum to be held in Nigeria not only with regards to the suitability of the Constitution of the Federal Republic of Nigeria 1999 but also with regards to any proposed amendment to it. Unfortunately there are still many who do not agree with such a proposal and who prefer that the National Assembly in conjunction with the Houses of Assemblies of the states continue to make piecemeal amendments to the Constitution without any direct impute from the citizenry. This is how the current amendments made to the Constitution so far were made. Unfortunately there cannot really be a true Peoples Constitution without the involvement of the People. Luckily, the first process of making a true Constitution was achieved with the last Constitutional Conference put in place by the Jonathan administration. That Conference in its report made several important recommendations which if implemented would greatly reduce the cost of governance in Nigeria. Recommendation of conference for part time legislators: Although the Conference failed to recommend an abolition of the Bicameral System of Government it nevertheless made a very profound recommendation at page 187 of its report wherein it is stated as follows: “Elected members of the legislative arms of all the tiers of government should serve on part-time basis;” In summary, the Conference by the above, recommended a situation in which membership of the legislative arms of government would no longer be considered to be a full time employment. All persons elected to the legislature would thus be expected to have regular jobs and would only sit in the hallowed chambers of the national assembly on occasions that require legislative business. To describe this as a recommendation of seismic proportions would be an understatement. It would force many politicians who at the moment view membership of the national assembly as a means of wealth acquisition to have a rethink. It would make membership of the national assembly less attractive for such politicians. Further it would ensure that only persons who are truly interested in public service vie for such offices. It would also reduce the huge cost of governance in Nigeria. Avenues for drain of the public purse such as constituency grants may well become a thing of the past. Presidential system of government itself: The same consideration applies to the recommendations of the conference which touch on the Presidential system of government as currently operated in Nigeria. Though the Conference did not expressly recommend an abandonment of the system, it nevertheless made recommendations which if adopted will make its continued operation less cumbersome on the nations finances. I have already highlighted the pitfalls of the current system. What is clear from the dismissal of the idea of a referendum is a mistaken belief that strict adherence to the law making procedure is all that is required to guarantee the promulgation of a true peoples constitution. However It is settled that it is not the procedure adopted in the passage of a law that will determine whether a law meets the aspirations of the people or not. What is at stake is the form of government that would adequately reposition this country to its past glory. In all parts of the world decisions on proposed crucial changes to the political structure of a country such as those forming the basis of the recommendations of the Conference or important policy decisions are ultimately taken to the citizenry in the form of a referendum. Thus instead of being allowed to gather dust in some filing cabinets somewhere in the Presidency, the Report of the Conference should be examined with view to putting them across to the Nigerian for their views. I am however of the view that it would be far better to adopt a new Constitution. However in doing so, some workable portions of the current Constitution should not be jettisoned. Happily the Conference did not itself recommend a wholesale abandonment of the 1999 Constitution. So in effect some parts of the current Constitution should be merged with the approved recommendations to form a new Constitution. However if the decision is taken to make amendments to the 1999 Constitution, the National Assembly must realize that their duty would be limited only to incorporating the approved recommendations by means of amendments to the Constitution. Purpose of governance They should not see it as an opportunity to examine or reject the recommendations of the Conference which at that time would have received the approval of the people of Nigeria What is of utmost importance is the rediscovery by Government of the true purpose of Governance which is the just and efficient management of the country in a manner beneficial to the people which objective or purpose can only be achieved through a proper peoples’ Constitution. What must never be forgotten is the dream and vision of the founding fathers of our country for a united and prosperous Nigeria which vision is best captured by the words of the late Alhaji Tafawa Balewa who in the course of the debate of the motion for independence in 1959 stated as follows: “I am confident that when we have our own citizenship, our own national flag, our own national anthem, we shall find the flame of national unity will burn bright and strong”
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