Constitutional Amendment, Re-branding and the Future of Nigeria

By Msonter Anzaa

At the moment there is a high level of activity in government circles. And this is to be expected because important issues are being handled at the national level. We are handling a major constitutional amendment and vigorous re-branding campaigns are being carried out across the nation. I have seized this opportunity to reflect on the whole amendment process, the re-branding project and what they mean to the future of Nigeria.

It will be improper to discuss the constitutional amendment without first delving into the issues that made it necessary. Nigeria has had a long history of crises - both political and religious. A deep reflection into the causes of these crises reveals flaws in the system in operation. For instance, it is common knowledge that our elections are never free or fair. Elections have come to mean a dangerous period when lives are lost and insecurity worsens. From 1999 through 2003 to 2007, we have had a steadily declining electoral sanity. Series of debates have been held on what is wrong with the system. Changes have also been made to the electoral law after every election. Yet we are not where we desire to be. Another problem is that of corruption. The complexity of this crime suffocates me. But I can say confidently that corruption thrives because of bad or weak leadership. Executives in government offices have been constantly accused of corruption. And it is true that many of them are incurably nontransparennnt. Anti-corruption laws seem slow at catching these offenders. Again some argue that the immunity enjoyed by these public officers hinders speedy arrest and trial of suspects. 

So while there are other issues like land reform, the major issues being looked at in this constitutional amendment are the electoral law and the immunity clause. Nigerians have the right to amend their constitution as frequent as they want. But the danger in constantly amending the law is that it is made to follow the trend of life by the people instead of checking it. And any law is only as strong as how efficient the enforcing mechanism is. This is where we have had problems. After the 1999 elections, the electoral law was amended to check perceived illegalities. But just after the 2003 elections, the law had to be amended again to make it effective for the 2007 elections. The truth is that all this while we have not had any positive development in the electoral system. We have a culture of blaming our laws for our troubles. This culture is bad as it keeps us from accepting the truth and confronting the issues radically. 

The problems we have had in this country suggest an attitudinal error. The Minister of Justice and Attorney-General of the Federation, Mike Aondoakaa observed in an interview (Newswatch, 6th April, 2009 P.14) that: “In Nigeria we make new laws during every election. The electoral law we are complaining about is that made in 2006. Immediately after the 2007 elections we want to discard it. We had one in 2003 and before that one, there was an earlier one. So you see the problem is becoming frequent and I don’t think the problem will be solved by law. It must have to be an attitudinal change.” Our people have to embrace a culture of maturity and discipline. They must understand that all laws are meant to be obeyed. And we all must realize that in a sane society, no one lives above the law. While it is true that some laws need to be strengthened, we must not only invest our energy into making new laws but also in ensuring that those laws work. Ray Ekpu, Chief Executive Officer of Newswatch also emphasized this (Newswatch 4th April, 2005 P. 47) when he wrote that: “ the parliamentary system works well in Britain even without a written constitution. The presidential system works well in the United States. The reason neither system has worked well here is not the constitution, but those who use, misuse or abuse the constitution and the powers it confers on them. The fault is not in the constitution but in ourselves.” 

We have had bitter cases of public officers brutally exhibiting gross indiscipline. And when they are not punished, we cry foul at the law. This is why some people have called for the removal of the immunity. They believe that if not for the immunity, public officers who commit crimes would be arrested and tried immediately. Those who support the immunity argue that it keeps public officers focused on their work. While I do not support any kind of misbehavior on the part of public officers, I believe the removal of the immunity alone cannot check this trend. Again the constitution clearly spells out how such officers should be handled. The reason we complain is that these laws are not being implemented and some have been misapplied for selfish gains. Chief Richard Akinjide (SAN) also argued that there is nothing wrong with our constitution ( The Nation 3rd February 2009 A 1): “Nigeria is the only country in history that is always reviewing its constitution or makinnng new constitution whenever it has any problem. When Nigerians have political or constitutional problem, they don’t blame themselves, they always blame the constitution whereas they are the people to be blamed. Look … at the rigging. Are you… also telling me that if we put in place this new constitution, there will be no rigging?” He also argued that the immunity clause does not impede the dispensation of justice: “If a public office holder whether it is the president or vice-president; governor or deputy governor commits an offence, he should be impeached and removed from office. So what is the problem? Are they saying the immunity is an impediment? Let the legislatures at all levels do their duties.” 

What can be gathered from all these is that our laws are not our main problem. This suggest an attitudinal problem. For example, the reason our elections are never free and fair is that our politicians are desperately not disciplined. And the reason our youths are recruited as thugs is that they have no moral values or principles. To day, impeachment has become a tool for hunting enemies. Its major goal of ensuring that public officers too live under the law has been defeated. We have a culture of idol-worshiping. That is why our legislatures befriend the executive at the peoples’ expense. So our political system has no checks and balances. What happens now is what we can comfortably describe as a conspiracy on the part of the executive and the legislature to rob the masses. And this is corruption. 

 This is where the need for a major mental readjustment comes in. An aggressive awareness creation that puts in our people values and principles is needed. Our people must be made to believe in this nation. We must all cultivate a compulsory love for Nigeria. All this has to come through enlightenment. An enlightened population knows and defends its rights. It does not feel unconcerned about the government of its country. Adequate education must be given all our people. Chinua Achebe summed it up all (The Trouble With Nigeria. Fourth Dimension Publishers) that: “Given adequate social education, the average citizen will come to understand that it is in his own benefit to uphold discipline. As soon as a sufficient number of citizens realize this, they would monitor their behaviour and that of their immediate neighbors. The resulting condition may be called a climate of discipline.”

It is in view of this that I support the Federal Ministry of Information’s re-branding project. But I understand that a sustained national awareness creation cannot be carried out by government alone. This calls for the participation of civil society organizations and individuals. The future of this nation depends on the attitude of its people. It depends on a people who love their nation; a people who are courageous and altruistic; it depends on its ordinary men and women who insist on doing ordinary things in the right way; it depends on you and I. 

To conclude, the constitutional amendment while important, should not be seen as the answer to our problems. We must all deliberately cultivate a culture of submission to our laws. Our attitudes to one another and to the things of this nation must also change. And the future of Nigeria lies in our hands.