Erubami: No alternative to true federalism

Mashood Erubami is a civil society activist and President and Convener of Nigeria Voters Assembly, a non-governmental organisation that has been advocating for greater participation in the political process. In this interview with Deputy Political Editor RAYMOND MORDI, he speaks about the lapses  in the 1999 Constitution and what should be done during the review process by the National Assembly to rectify the shortcomings

 

What are your impressions about the ongoing constitutional review process?

Embarking on constitutional review exercise has become a  national ritual for the National Assembly. Unfortunately, the lump sum usually budgeted for the exercise is the target, rather than the wish to leave a lasting legacy. No doubt, the National Assembly panel will collect tonnes of submitted memoranda from the people, but unfortunately, the final consideration may not touch the fundamentals areas of power devolution, fiscal federalism and the reduction of the items on the Exclusive List. This is because the Federal Government has no business in areas like health, education, local security, electricity and agriculture. The current amendment by the National Assembly should also try to bring about a new security arrangement that will confirm state governors as the chief executive of their states through the creation of state police.

Some Nigerians have been calling for the adoption of the 1963 Constitution. Are you in support of this idea?

The 1963 Constitution has certain advantages such as the provisions for fiscal federalism, regional control over collectable revenues and payment of agreed royalties to the Federal Government. But, we cannot go back to the parliamentary system of government now because it provides for the creation of the office of the president, the prime minister, a federal parliament, as well as even the distribution of powers. It also empowers the regions to promulgate their constitutions, among other things. Besides, given the circumstances we find ourselves, it is would be more expedient for the National Assembly to amend the existing Constitution, as it is currently been done because embarking on an entirely new constitution will be more tedious and cumbersome and cannot reasonably be concluded within the remaining time frame for the present government. The truth is, if we are committed to renewing the structures of the country and desire a rebirth of the systems, the old order must give way to the new, while the rubbles of the old should be used to reconstruct the new. But, by and large, the 1999 Constitution, which took its roots from the 1979 Constitution, remains arguably unitary, rather than federal in nature. Nevertheless, we cannot turn the hand of the clock back to the 1963 Constitution in its entirety.

What are some of the features you want to see in the amended 1999 Constitution?

Since we are in the twilight of the tenure of the present government, we should not embark on promulgating a new constitution, especially given the fundamentals of the national questions that must be reflected in the newness. Ideally, the 1999 Constitution, not being people-driven and owned,  should be thrown overboard. The best option is to use the reports of past national conferences, particularly the 2014 conference, which contains near acceptable recommendations, to review the existing constitution. The amendments should also include inputs from the current nationwide consultation with the stakeholders. In my view, the final outcome should be subjected to a referendum and plebiscite of the people, to make it sovereign. The provision for referendum and plebiscite should be among the key recommendations.

In your view, what is the main thing about the 1999 Constitution that Nigerians are not happy about?

The 1999 Constitution took its roots from the 1979 Constitution and it remains unarguably unitary in nature. The constitution contained a huge number of gaps that Nigerians have identified and are currently agitating for the immediate change of such shortcomings. The indifference of past governments to calls for rectification of these fundamental errors is responsible for the current mutual suspicion and hatred, disunity that is leading to the call for secession. The constitution contains guiding rules that cannot move the country forward because It is not a federal constitution. Under a genuine federal state, the development of constituent states is guaranteed; the creation of state police is imperative and the federating units must be in control of their resources. Against this background, the National Assembly with this current effort must reduce the powers of the Federal Government by removing a number of items from the Exclusive List and transferring same to the federating units or states. Items like agriculture, health, education and security must be taken out of the hands of the Federal Government. The resources accruing to the central government should also be drastically reduced accordingly.

In your opinion, why is there so much tension in the land today?

The tension being experienced is a by-product of a badly assembled constitution and the failure of leadership. There is currently a very huge trust deficit between the government and the citizenry, as a result of dashed hopes of Nigerians for good governance. Today, corruption, poverty, hunger, insecurity and underdevelopment are the order of the day. This development has disappointed many Nigerians who were hoping for a change of orientation in leadership.