By John Gaul-Lebo
Since the 1999 Constitution became operational under the New Democratic Process in Nigeria, Every Legislative Session of Parliament has made attempts to Amend the 1999 constitution.
Some of the attempts have been extremely successful, while some have been mere Political stunt.
However, it is imperative to Note as follows
1. S.9 of the 1999 Constitution made extensive Provisions on the process and procedures of Amending the Constitution.
So, every attempt made to Amend the 1999 Constitution must comply with the provisions and procedures in S.9 thereto.
2. The Constitutional Amendment Process is first of all a Part of the Legislative Agenda or Direction of each session of the National Assembly.
As a matter of fact, the Constitutional Amendment Process is an important Subhead for the legislature, especially through the process of public hearings and constituency engagements associated with the Amendment process in each Assembly.
Independent of whether the Amendment will be successful or Not, the legislature will definitely Cashout as the budget Subhead will be utilized and exhausted.
3. The Amendment of the Constitution in itself is an intentional Political Tool of the legislature to cornubate different opinion view point , harvest the emotional Investment of the constituents, stay relevant through engagements in Town Hall meetings and public hearing, achieve short-term visibility in the media, ignite the hope of the constituency while the Constitutional Amendment Process is ongoing.
4. One of the critical reasons why most Constitutional Amendment Process has failed in the past has been due to the fact that the National Assembly has always deployed a singular intelligence and monopoly of the process rule in most Constitutional Amendment Process without deeply engaging with the state institutions, the Governor, the house of Assembly and their constituencies.
The psychological mindset of the National Assembly as the single delivery system of the Constitutional Amendment Process has been the basic reasons why most Amendments has failed.
5. Basically, the National Assembly spends so much time and resources on itself and it’s members in training and capacity-building programs building up to the Constitutional Amendment Process for close to two years and then suddenly shows up with a Bill transmitted to the state Assembly members for consequential voting.
In most cases, the National Assembly Bill arrives at the state Assemblies at the 3rd year of the legislative circle in a hurry demanding for urgent attention.
At that point, the house of Assembly members are more focused on their party primaries and nominations for the next term.
6. It is trite that one of the biggest challenge of state Assemblies is lack of sector specific knowledge and capacity, especially the accumen to comprehend legal and Constitutional processes.
The second challenge of state Assemblies is lack of Subject Matter and financial Autonomy.
The members who are lacking both Subject Matter and financial Autonomy obviously will stay loyal to their Governors for Authority Relevance and political survival.
7. The inability of the National Assembly to include the state Assemblies in their financial, capacity-building programs leading up to the Constitutional Amendment Process is an important lacuna that the State Governors will take advantage.
Most House of Assembly members get elected in to public office without growing up mentally to their ” Epiphany moments and therefore lacking the vital necessity of the sense of public Awareness and responsibility.
The Constitutional Amendment burden becomes an extra responsibility on a feeble capacity shoulder.
8. So, independent of whether the Amendment of the Constitution is successful or not, the biggest insured Beneficiary are the National Assembly members, who .may have nothing to lose in the process because it is just another legislative agenda designed to capture the public imagination of the constituency.
9. Most Constitutional Amendment Processes are actually desirable for the benefit of the executive and administrative purposes, it is hardly about the people.
The additional items for state creation is a an important subject matter of immense benefits to the people and it must be commended.
10 Clearly Put,for the provisions of state creation under S.8 of the Constitution to be successfully achieved, it must be taken as a singular focused item .
The processes leading up to the introduction of Bill must first of all achieve a clear National consensus as to which states should be considered for creatiin per Geo political Zone on the basis of Equity and National cohesion.
Leaving the process at the hands of individuals and cultural organizations to demand for State Creation is a Gyratory Circus.
10. The current process is a template for choas manipulation and Emotional Anarchy, the comedy of ridiculous Demands and Agitations only gives relevance to the visibility of the National Assembly members who are benefiting from the short-term media attention with clear understanding that the process maybe dea on arrival.
11. Take Notice that the current public hearing is just the beginning of the process of Amendment, the National Assembly still needs to pass the Two-third majority of both houses before transmitting same to state Assemblies for their consequential votes.
Therefore, if at this point the Governors are not in support of state creation, most house of Assemblies may not give that required consequential vote back to the National Assembly in other for the referendum required in the area where the states will be created.
CC: @Gaul-Gate Law.
