INTRODUCTION
In last week’s installment, we dealt with the controversy over the removal of fuel subsidy; corruption’s unyielding gripe and perennial event for change after which we suggested several pathways that can be taken by our political leadership in its fight against corruption. We continue with same theme in this week’s feature with emphasis on how the people’s constitution can make the decisive difference. Enjoy.
FROM SHACKLES TO STRENGTH: FORGING A PEOPLE’S CONSTITUTION TO BREAK NIGERIA’S ENDLESS CYCLE OF CORRUPTION AND MISRULE
Since Nigeria gained independence in 1960, the country has been on a turbulent political trajectory. Each leadership era has grappled with its share of challenges such as corruption, economic stagnation, political instability, and ethnic tensions. Beneath these issues lies a structural flaw embedded in Nigeria’s constitutional framework. The 1999 Constitution, a product of military imposition, has hindered the evolution of a truly democratic Nigeria. To move forward, Nigeria must embrace a new, people-driven constitution that reflects the hopes and aspirations of its citizens, addresses systemic corruption, and empowers governance structures for sustainable development.
It is often said, “A chain is only as strong as its weakest link,” and in Nigeria’s case, the weakest link has long been the constitution, a framework that, despite claiming supremacy, fails to embody the will of the people. The current constitution is akin to a vessel built to sail in turbulent waters but without a captain who understands the journey’s purpose. As we embark on this voyage towards political reform and true federalism, Nigeria’s citizens must be at the helm, steering their nation towards a brighter future.
THE ILLEGITIMACY OF THE 1999 CONSTITUTION: A ROOT CAUSE OF LEADERSHIP FAILURES
To understand Nigeria’s persistent leadership challenges, one must first grasp the inherent problems with the 1999 Constitution. Enacted through Decree 24 of 1999 under the military regime of General Abdulsalami Abubakar on the 5th of May, 1999 (Commonwealth Legal Information Institute. (1999). Constitution of the Federal Republic of Nigeria (1999). Commonwealth Legal Information Institute. <http://www.commonlii.org/ng/legis/num_act/cotfrond596/.> Accessed on the 26th of September, 2024.), the document was imposed on the Nigerian people without consultation, debate, or referendum. It begins with the words, “We the People,” a phrase that rings hollow because, in reality, the people were never involved. The constitution, rather than being a product of a democratic process, was drafted by a select few military officers, a classic case of the tail wagging the dog.
The lack of legitimacy of the 1999 Constitution has had far-reaching consequences. As the legal foundation of Nigeria’s political system, it has created an environment where power is concentrated in the hands of a few, fostering a culture of impunity and corruption. The constitution’s centralization of authority, particularly the excessive powers vested in the executive branch, has encouraged political leaders to view public office as a vehicle for personal enrichment rather than public service. This has led to the rise of what can only be described as “strong men in weak institutions,” where political leaders wield immense influence while the institutions meant to check their excesses remain fragile and ineffective.
To quote Aristotle, “The law should govern, and those in power should be servants of the law.” However, in Nigeria, the law, as it stands in the 1999 Constitution, serves the powerful more than the people. This imbalance has perpetuated a cycle of poor governance, with each successive administration more concerned with maintaining control than addressing the nation’s deep-seated issues. Nigeria’s leadership has been trapped in a game of musical chairs, where the players change, but the song remains the same corruption, nepotism, and ineptitude continue to play loudly in the background.
One of the most significant flaws in the 1999 Constitution is the concentration of power at the federal level. Sections like 162(1)-(6) of the 1999 Constitution of the Federal Republic of Nigeria, which govern the distribution of national revenues, heavily favour the federal government, leaving states and local governments dependent on the centre for funding. This structure creates a scenario where political leaders, rather than focusing on developing their regions, are more concerned with gaining control of federal power because that is where the wealth lies.
“Power corrupts, and absolute power corrupts absolutely,” (Liberty Fund. (1887). Lord Acton writes to Bishop Creighton that the same moral standards should be applied to all men, political and religious leaders included, especially since power tends to corrupt, and absolute power corrupts absolutely. Liberty Fund. <https://oll.libertyfund.org/quotes/lord-acton-writes-to-bishop-creighton-that-the-same-moral-standards-should-be-applied-to-all-men-political-and-religious-leaders-included-especially-since-power-tends-to-corrupt-and-absolute-power-corrupts-absolutely-1887>. Accessed on the 26th of September, 2024.) Lord Acton famously said. In Nigeria, the centralization of power has indeed corrupted the political process, making public office a prize to be won rather than a responsibility to be honoured. The pursuit of federal control has turned elections into high-stakes contests, often marred by violence, vote rigging, and judicial manipulation. Political actors are willing to do whatever it takes to ascend to positions of power, knowing that once they are there, they can siphon off resources with little to no accountability.
This centralization has also weakened Nigeria’s institutions, as power-hungry politicians bypass institutional checks and balances. The Constitution, which vests executive powers in the president (Section 5 of the 1999 Constitution of The Federal Republic of Nigeria), has effectively allowed successive Nigerian presidents to act with near impunity, unchecked by the judiciary or legislature. The overreach of the executive has weakened the rule of law, as institutions like the judiciary and the National Assembly struggle to assert their independence in the face of an all-powerful executive.
A constitution that allows for such unchecked power is like a dam with a crack eventually, the waters of corruption and misgovernance will break through. Nigeria’s constitution must be redesigned to ensure that power is not concentrated in one place but is distributed across all levels of government, fostering accountability and strengthening democratic institutions.
A PEOPLE-DRIVEN CONSTITUTION: RECLAIMING NIGERIA’S POLITICAL DESTINY
To break the cycle of poor leadership and systemic corruption, Nigeria needs a new constitution; one that is not imposed from above but emerges from the people themselves. The phrase “We the People” must not merely be symbolic but a genuine reflection of the constitution’s origins. A people-driven constitution would be one that reflects the diverse aspirations of Nigeria’s citizens, ensuring that governance is inclusive, participatory, and transparent.
Creating such a constitution requires more than just amending the current one. The Nigeria Constitution allows for amendments (Section 9(1) of the 1999 Constitution of The Federal Republic of Nigeria), but amending a fundamentally flawed document is akin to placing a band-aid on a festering wound. What Nigeria needs is not reform, but a complete overhaul, a constitution that is autochthonous, meaning it derives its legitimacy directly from the people.
A new constitution must be drafted through a Constituent Assembly, which would include representatives from every part of Nigeria ethnic groups, civil society organizations, labour unions, religious leaders, and youth groups. This assembly would serve as the platform for a national conversation about the type of governance Nigeria needs. Once the draft is completed, it should be subjected to a national referendum, allowing Nigerians to vote on whether they approve of the new constitution. This process would give the new constitution the legitimacy it needs to succeed, as it would truly reflect the will of the people.
At the heart of the new constitution must be the principle of devolution of power. Nigeria is a vast and diverse nation, with each region having its unique challenges and opportunities. A “one-size-fits-all” approach to governance has proven ineffective, as the federal government is too far removed from the daily realities of the people. The new constitution must therefore embrace true federalism, where power is devolved to the states and local governments, giving them the autonomy to manage their affairs akin to that in the first republic (1963-1966).
Sections 44(3) and 162(3) of the 1999 Constitution of The Federal Republic of Nigeria, which vest control of mineral resources and revenue allocation in the federal government, need to be reformed. States should have the authority to control their resources, whether oil, agriculture, or minerals, and use the revenue generated to develop their regions. In return, they would pay a reasonable percentage of their income to the federal government. This model of resource control would incentivize states to become more productive and self-sufficient, reducing their dependence on the centre and fostering a more balanced approach to national development.
State and local governments must also be empowered to take charge of security. Section 214(1) of the 1999 Constitution, which creates a centralized police force, should be re-examined. A decentralized police force would allow states and localities to respond more effectively to security challenges, as they would have a better understanding of local issues and could act swiftly to address them. A system of local policing would also promote greater accountability, as police officers would be more closely connected to the communities they serve.
As the famous African proverb goes, “A man who uses force is afraid of reasoning.” In Nigeria, force has often been the method of governance, with little attention paid to strengthening institutions that promote reason, justice, and fairness. For Nigeria to break free from the grip of corruption, its institutions must be fortified. Strong institutions, not strong men, should be the pillars of governance. (To be continued).
THOUGHT FOR THE WEEK
“There are three essentials to leadership: humility, clarity and courage”. —Chan Master Fuchan Yuan.
LAST LINE
God bless my numerous global readers for always keeping faith with the Sunday Sermon on the Mount of the Nigerian Project, by humble me, Prof Mike Ozekhome, SAN, CON, OFR, FCIArb., LL.M, Ph.D, LL.D, D.Litt, D.Sc, DHL, DA. Kindly come with me to next week’s exciting dissertation.
,%20By%20Prof%20Mike%20Ozekhome,%20SAN){kind=link}