USA Africa Dialogue Series - Opinion

Opinion on the Confab and Constitution:
Friday Musing

Dear compatriots the manner in which this confabulation is being rushed through
is of concern to me and perhaps others. A colleague and friend of Nigeria
recently suggested in this forum the application of what I term "Athenian
democracy" to this important discourse. In fact, the king, chiefs and citizens
of a village could meet and discuss the issues of how best to govern ourselves
in order to further peaceful coexistence. The technique for large a city might
be slightly different from that of a village. These (village and city)
representatives could craft a "two-page" resolution to be forwarded to the head
of each local government area. The heads of the local governments in a state
would meet and articulate the opinions of all the local governments into a
report. In this scheme, there would be about 36 reports representing each state
(plus a report from representatives of Abuja—the Federal Capital Territory).

These 37 reports will be presented to the National or Central Committee (in
charge of sampling the views of all Nigerians) in addition to those of the
powerful ethnic groupings. In my view, it would be perverse to leave out other
important constituencies, viz. market women association, motor park association,
truck pushers association, Okoda association, taxi drivers association, etc. It
is amazing how vibrant individuals of some of these "peripheral" groups discuss
Nigerian politics. After all, these are some of those who inordinately feel the
pinch and biting effects of government policies (not the well informed who write
the legislation often to suit their interests).

Moreover, to marginalize and leave out Diaspora Nigerians (many of whom remit
millions if not billions of dollars annually to Nigeria) in this dialogue will
be a travesty in my opinion. Many are professionals: academics, doctors and
entrepreneurs. Put in another way, Nigerians in the Diaspora somehow should be
stakeholders in this conversation aimed at restructuring the character of the
polity so that no one is left out.

Constitution

I am yet to find a constitution that, overall, is inadequate. My problem with
constitutions is that of enforcement of their provisions by political actors.
For example, take a look at the 1999 constitution and its provisions on human
rights. Splendid, if you ask me. But how effective is our government, and its
various agents and agencies, in implementing tenets relating to human rights in
Nigeria?

So, what is the point? My point is that no matter how superb the revised
constitution might be and the application of a referendum to legitimize it, if
our politicians don't respect it, the well-crafted constitution will come to
naught and will be worthless. In fact, the question is: how do we hold
politicos—and unscrupulous judges—who violate precepts of the constitution
culpable? Do not forget (as noted by Arthur Lewis) that West African politicians
believe that once elected they are above the law—and are expected to be treated
as such by law enforcement agencies. Even relatives of politicians believe that
they, too, are above the law and when apprehended by a law enforcement agent,
they would insult the police officer and say to him or her in a familiar phrase:
"You no who my papa be—ehn? Na Doctor, Chief, Engineer Bola Zebrodie—The
Honorable Minister of Works." And, you know the rest.

My view with respect to the preceding analytic cacophony is that in the new
constitution there must be tough provisions underscoring that no one is above
the law and that public officials, as well as citizens, who violate provisions
of the constitution must be punished equally within the rule of law. If this
strong belief, especially on the part of politicians and the powerful in
Nigeria, is not imbibed this whole exercise in constitutional engineering, and
successful governance of this difficult society, may be useless!

Ike Udogu

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