Senate President, Ahmad Lawan, has constituted a 56-member steering Constitution Review Committee made up of the principal officers of the Senate, one senator from each of the 36 states of the Federation and two senators from each of the six geopolitical zones. To chair the committee is the Deputy Senate President, Ovie Omo-Agege. Other members are Senate Leader, AbdullahiYahaya; Deputy Senate Leader, Ajayi Borrofice; Deputy Chief Whip, Sabi Abdullahi; Minority Leader, Enyinnaya Abaribe; Deputy Minority Leader, Emmanuel Bwacha; Minority Whip, Philip Aduda; and Deputy Minority Whip, Sahabi Ya’u.
Notable members of the committee include former Deputy Senate President, Ike Ekweremadu, who chaired the committee for 12 years up to the end of the immediate past session of the Eighth Senate; Senators Opeyemi Bamidele, Smart Adeyemi, Danjuma Goje, James Manager, and five female senators, Stella Oduah, Oluremi Tinubu, Biodun Ogunjimi, Uche Ekwunife and Aisha Dahiru.
Senate President Lawan outlined the objectives of the committee, which include the maintenance of a stable country, a country that gives every citizen the opportunity to actualise his or her dreams. “We want to have a security that is enhanced, and an economy that works for everyone.” He urged the committee to interact with not only members of the National Assembly but also with other segments of the civil society organisations and, generally, Nigerians who are interested in the activities of the National Assembly. The committee is the platform where issues that Nigerians feel strongly about should be tabled and considered. He called on all organisations and individuals who have any constitutional issue that deserves attention to make submissions to the Constitution Review Committee.
Although Nigerians are unanimous that the 1999 Constitution needs to undergo many changes, there is no unanimity on how this should be done. It was no surprise, therefore, that a cacophony of discordant voices followed the setting up of the Senate committee since it emerged on February 6, 2020. Many Nigerians disagreed that such a committee was the best forum to handle the review of the Nigerian constitution. Since 1999 the National Assembly always had constitution review committees. Senator Ekweremadu headed the committee for 12 years. His predecessor in that role was Ibrahim Mantu. Not much seems to have resulted from previous Senate constitution review committees. So many issues are still in abeyance. There are at least 10 constitutional alteration bills in the filing cabinets of the National Assembly awaiting further action.
But many observers argue, as did constitutional law expert Prof. Akin Oyebode, that the 1999 Constitution also known as “Decree 24 of 1999” (indicating its military origin) has undergone numerous patches and so much panel-beatings. “Not only is it not autochthonous, it does not answer the needs of the age and so should be replaced by a more authentic and worthwhile fundamental law.” However, it is neither the place nor the function of the National Assembly, being a parliament set up to enact legislation for the peace, order and good government of Nigeria, to review or draft a new constitution. The rightful body to discharge the duty of fashioning out a new fundamental law is a duly convened constituent assembly, “otherwise it would amount to the tail wagging the dog,” Oyebode declared.
Thus, there is a strong persuasion that the Senate’s most important role should not be to set up a constitution review committee but to provide the atmosphere and convene an elected or appointed constituent assembly, the so-called ‘wise men,’ who would then draft a new constitution which would then be tested for approval by the populace through a referendum.
Others argue also that the new committee would likely be a waste of resources. The materials required for a new constitution are readily available and all that is required is the collection of the output of previous exercises, resolutions and proposals from the 2005 and 2014 National Conference Reports and even earlier documents in which the country had invested so much thought, energy and resources. The 2005 and the Goodluck Jonathan’s 2014 conference cost the nation about N8.5 billion.
The 2014 conference was regarded as having been produced by ‘the best and the brightest,’ the documents, resolutions and proposals are so comprehensive and thorough, that a new effort would appear like trying to re-invent the wheel. We, therefore, urge the Senate to re-direct its energies towards providing a conducive atmosphere and to convene a constituent assembly that would give the nation a well-deserved constitution.