There can be no doubt that a Constitution amendment is inevitable. It is critical to the future of our country. The 1999 Constitution is defective in many respects; its amendment should address those defects and raise general confidence in the polity. The 1999 Constitution was foisted on the people by a military establishment which had a post-natal interest in power. Between 1999 and 2003, attempts were made to amend the constitution with the expectation that this would help produce a truly people's constitution. But instead of an open debate of the issues, the idea was handed over to political parties and politicians; it was soon aborted. Last year, a National Conference was held to provide Nigerians an opportunity to reflect on the national question and build a consensus around the centrifugal issues that have turned our country into something less than a nation. But to date, that National Conference has been set aside. Its resolutions have been ignored. The key issue of fiscal federalism that brought that conference to a sudden halt has not been dealt with. We are already paying the price for this omission in form of the episodic revolt in the Niger Delta that is masterminded by a tribe of angry young men.

The just concluded public hearings do not in any way improve on these past failures. If the constitution had been amended before now, Nigerians would have had an opportunity to submit it to the litmus test of performance. This would have been one of the major legacies of the Obasanjo administration. But now, the Constitution is being amended as it were at the eleventh hour, an attempt that is marred by a too obvious display of bad faith and chicanery. What is on display in part is a certain lack of faith in the rule of law. The same politicians who rigged elections are just about to rig the Constitution to serve their own ends. What is more embarrassing is the kind of mind games that are being played.

For example, a group called Rainbow PUSH Coalition Nigeria in a statement signed by its Secretary, Tony Agbonifo has already announced that "Nigerians have endorsed the proposed Constitutional Amendments.." (ThisDay, March 2, p. 8). What has been endorsed is not spelled out but the fellow says the "national assembly must not betray the nation". When you read further, where Mr Agbonifo stands becomes clear: he sounds like one of those standing on the "third term agenda." There are in fact too many extremely influential Obasanjo-must-stay fanatics in the country today. Sadly, this includes some representatives of the National Association of Nigerian Students (NANS) who showed up at the hearings not to talk about federalism, derivation, or the Land Use Act, but to insist that they want many more years for the Obasanjo Presidency!" .

In contradistinction to their affirmation, however, the truth is that the constitution amendment hearings were indeed a failure. They were contrived and pre-determined. The hearings were not held in major cities where a high level of attendance could be guaranteed, rather they were taken to places like Osogbo (who is in Osogbo please?) , Abakaliki (why Abakaliki?), Katsina, Lafia (of all places!), Maiduguri and Port Harcourt. The hearings were also held under tight security. What quality of sincerity can anyone get at a forum where guns are held to the people's heads? Senator Oserheimen Osunobr has provided a typically ironic explanation: he says the heavy security was necessary in order to prevent people from disrupting the proceedings. In one or two of the centres, concerned groups in civil society decided to stage protests, they were promptly arrested and detained. As at this moment, there are still close to 100 persons in police detention. Their offence? They dared to exercise their right to free speech, a basic right, which is guaranteed by the same Constitution that is being reviewed!

There have been submissions on the proposed amendment by various interest groups and geo-political zones, but instructively, the public hearings were reduced to only one issue: what is now generally known as "third term." The public has not received any form of enlightenment on the main issues that are to be amended. What the people know is simply that the Constitution Amendment is about President Obasanjo's personal ambition. He wants to remain in office beyond 2007, we are told, and the Constitution has to be changed to serve precisely that purpose. This case is not helped by the fact that during the National Conference, versions of a proposed new Constitution were in circulation and the source was traced to persons who have been peddling the falsehood that there is no alternative to President Olusegun Obasanjo.

This is the biggest shortcoming of the so-called public hearings. If the intention was to create an effect of openness, that has not happened. If we were expected to believe that the people had taken certain decisions, that was also not the case. Tony Agbonifo and his Abuja-based Coalition Nigeria say: "the vocal minority have sustained their opposition to the proposed amendments. Their battle is fired by their loss of political influence. ...They have shifted their battle to the pages of national dailies seeking to push falsehood down the throat of the people as if the massive support received by the proposed amendments during the recent public hearings is unknown." Blackmail. This is sheer blackmail. Agbonifo and his colleagues need be reminded that what the public is opposed to is the immoral reduction of a constitution amendment process to an exercise in cult-worship. What Nigerians want is a people's constitution; they don't want a Mantu Constitution. If we end up with a Constitution that is at best a special purpose vehicle, the people would have been betrayed.

The National Assembly must not allow itself to be used to achieve that purpose. This is the time when all constituents must subject all lawmakers to close scrutiny. We must watch what those who are representing us say and do not say. We are in that situation once again such as we had between 1993 and 1999 when Nigerians were required by circumstances to make a choice between June 12 and military rule, between progress and a return to the woods. Every group must search its conscience if it has any. Should Nigeria become another Uganda? Should it become another Ivory Coast? It is remarkable that the National Assembly is already divided down the middle between those who want a true constitution and contractors who are prepared to change the Constitution for selfish reasons. One indication is the emergence of a number of partisan groups which have no ambition other than the protection of the public space against the "Third Termers" : the Committee for Good Governance, the National Unity Forum; the 2007 Movement and the Advanced Congress of Democrats (ACD). On the other side are those lawmakers who will shout down anyone who opposes the third term agenda. One lawmaker, Dr Haruna Yerima went to the House of Representatives the other day, wearing an NTTA badge (NTTA here is an acronym, it means "No To Third Term Agenda"), he was denied entry. There can be no greater assault on the freedom of expression.

For the avoidance of doubt, the key to national stability, the solution to the present political unease in the land lies first in the hands of our lawmakers. They must refuse to be used. Lawmakers in the state Houses of Assembly must not dance to the tune of governors who have been saying "it is Obasanjo or nothing". When the constitution comes up for review, let them act in good conscience. Before they take the final count in accordance with Section 9 of the Constitution, they must publish a full copy of the amended Constitution and encourage a proper debate of the document.

I insist that President Obasanjo does not need a third term in office. All the arguments being put up by the third term proponents are simply unreasonable to say the least. They insist that there is no alternative to President Obasanjo. They are wrong. There are alternatives. There are more than enough persons who can run this country. The only problem is that Nigerian politics has been reduced to a matter of loyalty to President Obasanjo and to be seen to be loyal to him is to praise him to high heavens as the messiah of the Nigerian nation. For this reason alone, there is so much fear in political circles. Third term proponents argue that the President needs to spend a few more years in office to enable him consolidate the achievements of his administration. Again, their logic is wrong. Even if President Obasanjo spends thirty more years in office, there will still be programmes and policies that he will need to sustain and consolidate. Governance is a process. The life of a nation is long; it cannot be tied to the life of an individual.

They also insist that Baba is effectively in charge of the country, and so it is not true that a Third term will lead to chaos. They point to Uganda and the example of Museveni who has since been congratulated by America and other Western countries for winning an election that he stage-managed through a Constitutional amendment as first step. So is Museveni now being recommended as a role model for President Obasanjo? What sort of parody is that? I get the impression that those who are begging Obasanjo to stay in office once a Constitution allows that are more interested in themselves, not the man. These are selfish men and women who do not mean well for Obasanjo and Nigeria. But they are quick to argue that they prefer Obasanjo because the man loves Nigeria. He loves Nigeria so much he is ready to die for it. This is like saying nothing. President Obasanjo is a soldier. He signed a pact to die for Nigeria. If he is moved by the soldier-instinct in him to have visions of martyrdom, I have no problems with that. But let him not pull other Nigerians down with his choice. That is the issue.

Robot  # 1 | 03.03.2006 01:05

The present National Assembly and all the Houses of Assembly in the states face a strong moral burden following the conclusion of the so-called public hearings on constitutional amendments in the country's six geo-political zones. It is left to them to process the various recommendations and amend the constitution accordingly. They are in a position to either defend the interest of the people or betray the entire nation. The politics of constitutional amendment has thus been reduced to the issue of the integrity of our lawmakers. It is possible to take a cynic...Read the full article.

Ngozi Allanah (Jnr)  # 2 | 03.03.2006 05:22

..."He loves Nigeria so much,he is ready to die for it.This is like saying nothing.President OBJ is a soldier. He signed a pact to die for Nigeria.If he is moved by the soldier instinct in him to have visions of matyrdom, I have no problems with that.But let him not pull other Nigerians down with his choice.That is the issue. Mr Abati strikes the nail on the head once again ! Why, oh why can't I write like that?? Mr Abati, may I call you Reuben? I have a very small detail of your brilliant piece I would disagree with; If OBJ has visions of Matyrdom and wants to die for Nigeria, thats fine by me and I'm sure I may not be alone in that regard. However, if he wants to pull other Nigerians down with him too, I will gladly supply names of those that should go with him!!!! There are a whole load of politicians,hangers-on,semi-illiterate contractors,Godfathers,ministers,Governors, commisioners.......and the list goes on who can go with him, I do not care! "They" should realize this;.......Nigeria is very close to the edge now. All the signs are there and anyone with an iota of intelligence would see things as they really are. Unfortunately for all of us, that rules out the Government!! We wait with bated breath.

FNO  # 3 | 03.03.2006 11:56

If Baba is afraid his "visionary" economic reforms being reverted by the politician who might take over from him, he should look inward among a key member of his economic team, and support him/her for the presidency. In that case, how about Soludo? Soludo is eminently qualified. He has the gut and courage to steer the economic reform to their ogical conclusions. Afterall, he midwived the NEEDS document. Japan

emj  # 4 | 03.03.2006 11:59

Brilliant as usual reuben. Those urging Obasanjo on and campaigning for third term are political contractors. It is what they will gain that has blinded them. You can imagine the excuse Ogunlewe gave for urging baba on to the third term. He wants Obasanjo to remain in power so that there will be continuity. He is yet to complete about 72 road projects. There are also others who want the constitution amended on time to make the extension possible. The Law-makers in the National assembly- all they will do is wuruwuru to the answer like my people will say. What they are after is to extend their term. They are not bothered about the polity, they were never elected anyway way, they were foisted on the electorate. As to whether baba want to die for nigeria or not, nobody can die except God allows it. Instead of wasting time campaigning for third term, the law-makers and political appointees should channel their energy towards making life better for our people by being true to the oath of office they took- i.e to work for the progress of the nation, to uphold that which is true and just, to make a diifference in the various sector of the economy. They all need to get off their fat ass and do that which is right and true.

unregistere  # 5 | 03.03.2006 13:23

Constitutional Amendment is the greatest legacy the current Legislators can bestow upon Nigerians during their term. I agree with the author that it is imperative. We cannot, for fear of third term postpone or delay the exercise. We should not underate their intelligence too. We did not cast our legislative vote for fools. In fact, with the caliber of men/women in our legislatures this article is uncalled for. Of course, if we have to explain the implications of Constitutional Amendment to a serving legislator, then Nigeria is in deep trouble. Most of them have excellent credentials and stupendous wealth before election. The one mentioned by Abati, Prof Osunbor, is a renowned Law Professor. Its just a pity that some zones/states presented less than their "first eleven" but the whole is good. The fact that they always remove corrupt Speakers/Presidents confirms a genuine effort to perform and the behaviour of the few should not make us condemn the entire legislature. (Some of them feel genuinely insulted by the kind of evaluation Abati has given.) We have to repose some confidence in our leaders and institutions. (If we say our President is bad, legislators unintelligent and judiciary corrupt then we need to look ourselves in the mirror.) Contrary to Abati's assertion, nobody has dumped the Report of the National Political Reform Conference. That Report, together with the Executive Observations is before the National Assembly. The current exercise (Public Hearings) is a National Assembly exercise to affirm that notwithstanding our madate, our input is valuable to the process. It is not a failure. It has afforded opportunity to ventilate views even though there are enough materials by Nigerians in various media to facilitate decision. Oshogbo people should be heard. Ditto Abakaliki.The loud anti-third term fanatics have been able to hear out the others rather than keep them shut. Tony Agbonifo is a Nigerian and he is entitled to his views. We are also awaiting a comprehensive proposed amendments from PRONACO as their imput is vital to the process. Also the National Assembly proposed Amendments (about 100) have been widely publicised. It is unnecessary to publish and circulate, as Abati wishes, an Amended version since the matter has not even been slated for debate. The great failure of the media is to propagate the wrong impression that constitutional amendment is only about third term. Our situation is also frequently compared to other countries usually wrongly. And to some, every observation/speculation of American Govt is Gospel. To say that the current process will not produce a "Peoples Constitution" is to pre-judge it. (Like some compatriots who argue that the 2007 election will be rigged) There is no need to repeat the case against third term. Obasanjo's needs are irrelevant and he is free to reject even if offered. (and to die for Nigeria). Care must be taken not to focus on side-issues to the detriment of substance. E.G. If Obasanjo leaves Office on May 29,2006, is the Niger Delta issue resolved? The constitution is only a part of our problem not the whole. That is why we are doing only an AMENDMENT to an otherwise excellent document. Amending the Constitution cannot amount to treason nor can it lead to events like those in Uganda or Ivory Coast. The current situation in Nigeria cannot be compared to the 1993 situation. Neither should legislation legislate in fear or threat. We have democracy for good and those who are wishing otherwise are just dreamers. Those who call it something else expose their ignorance. We should all look beyond 2007 and address issues that have thus far defied solution and Constitution is only one. Staying on the sidelines critisizing (and imputing sinister motive to every governmental step) without profering alternative is not the way.

ALILON  # 6 | 04.03.2006 03:19

Dear Mr Unregistered of date 03:03 time 1325 Your issue with Mr. Reuben Abati's article here is uncalled for. He (Mr. Abati) could not have said it better. You wrote and I quote " That is why we are doing only an AMENDMENT to an otherwise excellent document" If the constitution is so excellent why is everyone calling for its ammendment? How come it is being done at this last minute? Refering to the legislators, you also wrote "(Some of them feel genuinely insulted by the kind of evaluation Abati has given.)" Please give us a break. That makes one wonder if you are one of them. Which is more aggravating; the hunger, disease and death which has been prevalent in the land under their legislation due to corruption and negligence or the truth in article written by a geninely concerned citizen? You and your campaigners for third term for Obasanjo should think again.