INTRODUCTION
The constitution is the true heart and soul of any nation, as it binds the people together, and plays a crucial role in national governance and progress.[1]Therefore, the Constitution must reflect the will of the people. [2]
The constitution serves as the backbone for Nigeria’s growth and development; therefore, the Government is implored to take a step to create an entirely new constitution that reflects the will and views of the Nigerian people, a Democratic Constitution.
DEMOCRATIC CONSTITUTION
Going further, it is important to define what exactly a democratic constitution is.
Analyzing the keywords shows that ‘democratic’ refers to a system where representatives are elected by the people.[3]
The word ‘constitution’ refers to a system of laws that formally defines the rights and duties of the people.[4]
The Supreme Court held in Dangana v Usman,[5] that the Constitution of any country is “the embodiment of what the people of that country desire to be their light in governance.”
Therefore, a democratic constitution is a system of laws that defines rights and duties, decided by the people through an electoral process.
SHORTCOMINGS OF THE 1999 CONSTITUTION
Nigeria has a long history of constitutional development, perhaps more extensive than that of many other African countries.[6]
One reason is the country’s vast diversity, which creates a strong need for representation. Unfortunately, the main challenges facing Nigeria have yet to be effectively addressed by its constitutions.
As a result, the 1999 Nigerian Constitution continues to face heavy criticism despite several legislative efforts to review and amend it.[7]
Notable criticisms include:
- it is not truly autochthonous,
2) it is not familiar with the people, as it didn’t involve them in the making,
3) it is a copy-paste work of the 1979 Constitution, and,
4) it doesn’t provide for enough representation of the citizens of Nigeria.
For example, women and persons with disabilities.
As noted by the Supreme Court in Ugba v Suswam [8] “Constitution is the heart and soul of the people. That explains why the Constitution commences (with the word) ‘We the people…’ all provisions in the constitution were put in by the accredited representatives of the people.” But Nigeria is unable to boldly state that her people were truly part of the making of the Constitution.
In earnest, the 1999 Constitution cannot be considered democratic due to its non-democratic creation process. It is important to bear in mind that for a new constitution to be seen as a democratic one, it must go through a democratic process.
THE DEMOCRATIC PROCESS
The main criticisms of the 1999 Constitution stem from its lack of autochthon and, therefore, it is an undemocratic constitution. It was imposed on the people without the people’s consent and review; so, to progress the Nation, this is the first and foremost thing that should be in mind when drafting a new one. The Indian constitution is considered one of the best examples of a democratic constitution as it is the longest constitution in the world.[9] Unlike the 1999 Nigerian Constitution, the Indian Constitution stands as a shining example of a document crafted by the people. The inclusivity of the Constituent Assembly and its deliberative process ensured that the Constitution reflected the will and aspirations of its citizens. This approach can offer valuable lessons for Nigeria as it seeks to create a more democratic constitutional framework.
Here are the required steps to achieve that aim:
- Form a constitutional drafting committee composed of experts: These include representatives from various constituencies who are people of good standing, leaders, and open-minded individuals ready to add value.[10]
Similarly, this step was taken in the drafting of the Kenyan Constitution of 2010.[11]
- Setting a time frame: It is important to set a definite time frame to ensure an efficient constitutional process. A good example is Rwanda, where they strictly enforced the timeframe.[12] In contrast, Nepal failed and this led to the committee’s cancellation and delayed constitutional progress.
- Making use of constituencies: The committee must reach out to every region in the country for total public representation. This step was also taken in the making of the Kenyan Constitution of 2010.
- Educate and Inform Citizens: Next, conduct civic education to ensure people understand their role, using media, workshops, and local leaders to spread awareness. For example, South Africa’s 1996 Constitution followed this approach.
- Ensure Representation for Vulnerable Groups: Special provisions should allow illiterates, persons with disabilities, and the elderly to participate.
- Constant reviews: After drafting, the document should be reviewed by the public before finalization. Example: Kenya sent its draft to the people before legislative approval.
- Educating the incoming leaders: Since incoming leaders are not part of the committee, they must be educated on the new provisions of the constitution to prevent the stunted progress that affects Kenya today.
POTENTIAL CHALLENGES
There are potential challenges that the government must prepare to overcome, such as resistance from political actors, or attempts to hijack processes.
Attempts to hijack processes may occur if vested interests dominate the committee, which undermines inclusivity. Strong oversight mechanisms are needed to prevent this.
Other potential challenges include:
- Ethnic and Religious Divisions:
Disagreements regarding over-representation or resource allocation may stall progress.
Proportional representation and consensus-driven decision-making can foster trust.
- Financial Constraints:
Limited resources may delay or compromise inclusivity in the reform process.
International partnerships and public-private collaborations can help fund efforts.
- Time and Expectations:
Unrealistic public expectations or rushed timelines may hinder effectiveness.
Clear timelines and communication about achievable goals are crucial.
CONCLUSION
The Constitution is the backbone of any nation, shaping its governance and future. For Nigeria to truly embrace democracy, it must ensure that the drafting of a new constitution is inclusive, representative, and reflective of the people’s will. By adopting proven democratic processes such as public engagement, expert consultation, and transparency, Nigeria can lay the foundation for a governance structure that truly serves its citizens. Only then will the nation achieve lasting democratic progress.
Author(s) Name: Oyindamola Oluwakemi Martins (University of Nigeria Nsukka)
References:
[1] Dele Adesina et al, ‘CONSTITUTION REVIEW MUST BE HOLISTIC AND UNFETTERED’ (Thisdaylive, 29 September 2020)< https://www.thisdaylive.com/index.php/2020/09/29/constitution-review-must-be-holistic-and-unfettered/ > accessed October 8, 2024.
[2] Joe Ekpe Edet, ‘THE MAKING OF A ‘HOME-GROWN’ CONSTITUTION’ (Thisdaylive, 1 August 2021) <https://www.thisdaylive.com/index.php/2021/08/01/the-making-of-a-home-grown-constitution/> accessed October 8, 2024.
[3] ‘DEMOCRATIC CONSTITUTION’ (HarperCollins Publishers Ltd, 2024) <https://www.collinsdictionary.com/dictionary/english/democratic-constitution> accessed December 21
[4] Ibid.
[5] Dangana v Usman [2013] 6 NWLR (Pt. 1349) [50] [93]
[6] ‘NIGERIA’S CONSTITUTIONAL DEVELOPMENT (1922 – 1999)’ (Nigeria Voters Education, 25 February, 2022) <https://nigeriavoterseducation.com/voters-guide/nigerias-constitutional-development-1922-1999/ >accessed October 8, 2024.
[7]Idayat Hassan, ‘NIGERIA’S CONSTITUTIONAL REVIEW: THE CONTINUING QUEST FOR A LEGITIMATE GRUNDNORM’ (ConstitutionNet, 26 July 2021) <http://constitutionnet.org/news/nigerias-constitutional-review-continuing-quest-legitimate-grundnorm> accessed December 21, 2024.
[8] Ugba v Suswam [2014] All FWLR [Pt. 748], [825]–[863]
[9]‘CONSTITUTION OF INDIA’ (Wikipedia) https://en.wikipedia.org/wiki/Constitution_of_India accessed December 21 2024
[10]Dele Adesina et al, ‘CONSTITUTION REVIEW MUST BE HOLISTIC AND UNFETTERED’ (Thisdaylive, 29 September 2020)< https://www.thisdaylive.com/index.php/2020/09/29/constitution-review-must-be-holistic-and-unfettered/> accessed October 8, 2024.
[11] ‘KENYA – COUNTRY CONSTITUTIONAL PROFILE’ (ConstitutionNet) <http://constitutionnet.org/country/kenya > 2024.
[12] ‘CONSTITUTIONAL HISTORY OF RWANDA’ (ConstitutionNet) <http://constitutionnet.org/country/rwanda> accessed October 8, 2024.
