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This constitution is the Grand norm of any group, association, organization, society or nation. Every other law stands or falls by it. And if I may take it further, I would state very strongly that the constitution is the binding force of the various constituents of a corporate entity. An entity in reality is as strong as its constituents and the legal document that binds every entity is what I call the Constitution.
From the colonial era to the post-colonial era, Nigeria has never lacked constitution of some sort. However, the “legitimacy of most of the constitutions could become a subject of valid debates at proper fora.
One thing I believe separates every correct constitution from any other legal document is its originality and its peculiarity. Every constitution is peculiar to a group or nation and it originates from the group. In short, true constitutions are never imposed, nor prepared for any group, organization or nation.
Take for instance, the People’s Democratic Party in Nigeria is a political party that has its constitution; so also are other political parties in Nigeria. Nigeria has a “constitution”; and United States of America has a constitution. According to the constitution of United States of America, every Senator is revered by the people; while according to the “constitution” of Nigeria; every Senator is made to be revered by the people.
The difference in two experiences is not much of geographical difference of the nature of work of the Senators; but the originality of the constitution. In United States, the people wanted their Senators to be revered; in Nigeria, the people are commanded to instruct their Senators.
The truth however is, every nation must be governed by its people. Democracy is said to be the government of the people, by the people and for the people; hence, when a when a nation is governed by an imposed constitution; democracy then becomes, “the government of the imposer, by the imposer and for the imposer”.
The immunity clause we are talking about daily in Nigeria, which is enjoyed by the sitting Governors, Deputy Governors, President and the Vice-President is an example of an imposed norm. Is it true that Nigerians want to give immunity to their political leaders? Whose interest is served by the immunity – the people or the rulers?
Due to a sex scandal, the former President of the United States of America was removed from office. Countless Governors have resigned from their offices in the US because of various allegations. But in Nigeria, where corruption is most felt by the citizens; the politicians are shielded from prosecution.
For every action, there is a reaction; and for every action, there is a corresponding consequence. When we shield the politicians that are most prone to corruption from investigation, prosecution and arrest; are we not saying indirectly that the safest path from prosecution is politics?
Have you asked yourself, “how come the people’s President Muhammadu Buhari has not done much since he became President of the Federal Republic of Nigeria?” The answer is simple! Mr President cannot do much because he must act within the scripts of the constitution. How far a political can go is how far the constitution allows him or her to go!
Another matter is the issue of our federalism in Nigeria. Are we truly a federal nation? Are there truly federating units called states in Nigeria? How viable are those states? These are some of the questions that challenge the legitimacy of the 1999 constitution currently in use in Nigeria. Should we amend it has we have always done? Or should we have a new constitution? What is your own stand on this matter?
