Like him or hate him, President Good
luck Jonathan made a landmark achievement at the beginning phase of his
administration in May 2011 when he signed the Freedom of Information Act of
2011 into law.
This is one piece of legislation that
had a chequered history right from the time that it was presented to the
National Assembly over eight years ago with two sessions of the National
Assembly deliberately overlooking it without passing it into law because of the
unfounded fear and apprehension by those politicians with skeletons in their
cupboard that the passage of such a radical legislation would expose their
dirty flanks and make them vulnerable to prosecution for their shady deals.
Those politicians who have for over four
decades become major parasites and hindrance to the growth and democratic
advancement of the nation state through their dastardly criminal acts of
corruption and economic crimes waged relentless war of attrition against the
proponents of the freedom of information Bill so much so that they even went to
town shouting from mountain tops that the passage of the piece of legislative
framework was targeted at unleashing the might of opposition media
practitioners to destabilize the power-that-be and supplant leaders of the
opposition political platforms. To be fair to him, President Jonathan even as a
Governor of Bayelsa State has always supported the clamour for the passage of
the Freedom of Information [FOI] Bill into law.
However, the proponents and promoters of
the then Freedom of information bill including institutional supporters such as
the Nigerian National Human Rights Commission, the organized civil society
community in Nigeria, the media; organized labour and other professional bodies
stood their ground and insisted that for Nigeria's democracy to become
respectable and firmly rooted, then a law that would liberalize the spread of
information that would enhance the enthronement of good governance,
transparency and accountability such as the Freedom of Information Bill must be
passed into law.
The current session of the National
Assembly which came under formidable pressure proceeded to pass the Freedom of
Information Bill into a law of the Federal Republic of Nigeria after several
amendments and tinkering with some provisions even as the President signed it
into law shortly after he won the 2011 General Election that was generally
adjudged as substantially free and fair.
If for nothing, the President scored major point with the signing
of this revolutionary law which has ignited a gale of freedom of speech and
expression all across Nigeria even though certain key Cabinet members of the
President Jonathan's administration holding such offices that deals directly
with the spending of public fund have come under the scrutiny of several pro-transparency
groups for failing to provide certain basic information requested by these
non-state actors for the purposes of promoting transparency and accountability.
The Ministry of Federal Capital Territory under Senator Bala Mohammed is guilty
of flouting the FOI requests that pours into his office in torrents.
Only few months ago, the Coordinating Minister of the Economy and
the Minister of finance Dr. Ngozi Okonjo-Iweala who convoked a meeting with
some leaders of the organized civil society came under the spotlight for
breaching the provisions of the Freedom of information Act by the actions of
her top bureaucrats who were accused of refusing to accede to freedom of
information requests of some non-state actors who indeed needed the information
to help Nigeria become a better society whereby good governance, principle of
transparency and accountability would become sacrosanct.
Some of the groups claimed to have proceeded to the Federal High
Court to compel compliance. The Minister of Finance promised that her ministry
will surely comply with freedom of information requests properly presented and
brought to her attention.
When therefore some few weeks back during the conference of the
Nigerian Bar Association in Abuja the President told Nigerians that he is the
most criticized President in the World, I was among those who were shocked that
our President who boldly signed a revolutionary piece of legislation like the
Freedom of information Act into law of the Federal Republic of Nigeria could
turn back to lament that he has become the most criticized President of
Nigeria.
Conversely, when very recently the President criticized the
Nigerian Media for what he considers as lack of objectivity and balance because
most owners of the media are politicians and business elite, this writer was
not shocked but his follow up comment was astonishing because he thoroughly questioned
the integrity and credibility of information emanating substantially from the
Nigerian media when he asserted that Government will no longer rely on
information gathered from the media which according to him informed the signing
of the performance assessment contract by the members of the Executive Council
of the Federation and the heads of Government agencies.
When therefore in the last days in August 2012, the office of the
Secretary to the Government of the Federation sent an invitation to our group
to attend the first ever Presidential Retreat on the ongoing constitutional
amendment, I was full of surprise because of the public pronouncements of
President Jonathan which goes to show that he is not comfortable with the
groundswell of criticisms directed at some of his policies by a cross segment
of the society.
I was in the process of inaugurating a desk of our organization in
Lagos State but had to abandon this task to pursue the larger national interest
which is to attend the September 6th 2012 first ever Presidential Retreat with
the organized civil society community convoked by President Jonathan at the
State House in the nation's capital.
My decision to honour the invitation of the President paid off for
the fundamental reason that for the first time President Jonathan spoke from
the heart when he told about sixty of us that gathered as leaders of the
organized civil society community alongside his federal cabinet members, that
his administration truly desires to bequeath to Nigerians a Peoples'
constitution that would stand the test of time and that would truly enthrone
good governance and respect for the principle of Rule of law if the provisions
are respected as sacrosanct by all and sundry.
The National Assembly was powerfully represented at that
Presidential retreat by the major figures involved in the current constitution
amendment process including the Deputy Senate President Senator Ike Ekweremadu,
who is the Chairman of the Joint National Assembly committee on Constitutional
amendment even as the Deputy Speaker of the Federal House of Representatives
Emeka Ihedioha, a joint chairman of the parliamentary constitution amendment
committee who was at the epochal event delivered one of the most inspiring
speeches when he told leaders of the civil society community that the National
Assembly cannot amend the constitution without the important input from the
members of the public who are the real owners of the Nigerian sovereignty from
where Government officials and the National legislators derive their authority
and legitimacy.
According to the Deputy Speaker "The input and voice of the
Nigerian people must take precedence over our [National Assembly] own views and
feelings. That is the essence of representative democracy. We represent
Nigerians not ourselves. We remain umpires in this matter, at this stage. No
amendment of the constitution will take place without a broad consensus on the
issues. It is therefore crucial that relevant information on the pros and cons
of various issues be robustly canvassed and discussed."
He listed some of the issues already tabled by a cross segment of
the Nigerian people for consideration in the process of amending the 1999
Constitution of the Federal Republic of Nigeria to include the issues of
federalism; indigeneship/residency; justice sector reforms; legislature and the
strong position by most proponents for making chapter two enforceable and
binding on Government officials since they make up the fundamental objectives
of State policy.
The Chairman of the National Assembly's joint constitution
amendment committee and the Deputy Senate President Mr. Ike Ekweremadu who came
with the most organized and colourfully printed lecture text titled;
"Strategy for evolving a Peoples' Constitution", commended President
Jonathan for the convocation of the first ever Presidential Retreat on
constitutional amendment for the leaders of the civil society community.
He supported the clamour by the Nigerian people for a Peoples'
constitution and affirmed the National Assembly's determination to amend
aspects of the constitution with the expectation that democracy will be better
for it at the end.
His words; "The legislature is considered the most
fundamental arm of democratic governance. In its purest form it serves to
secure the foundations of democracy by translating the will of the people into
the law of the land. At the core, the legislature is the mirror of the
society's soul".
President Jonathan who addressed the leaders of the civil society
ex-tempore spoke glowingly of the solemn determination and desire of majority
of the Nigerian people for a truly Nigerian constitution and stated that the
reason for the Presidential Retreat was not to cajole or unduly influence
opinion of the human rights activists into supporting his views on
constitutional amendment but to hear from the organized non-state actors on how
best to achieve the peoples' constitution.
He explained that the outcome of the Presidential committee on the
review of outstanding constitutional issues headed by Justice Alpha Belgore
which is being turn into a white paper by a committee headed by the Federal
Attorney General and minister of Justice Mohammed Bello Adoke would be
forwarded soon to the National Assembly for the purpose of constitution
amendment.
Majority of the participants proceeded to demand that the new
constitution to be passed into law by the National Assembly must only be done
after a national referendum is conducted so that the ground norm of the
Nigerian law would gain tremendous legitimacy.
The participants stunned President when they rejected any move to
amend the tenure of office for the Presidency, office of Governor from the
current four year of two terms maximum and nothing more contrary to the position
canvassed by the President.
President Jonathan had consistently expressed his opinion that he
would prefer one term of six years.
One thing became clear at the end of the Presidential retreat on
constitutional amendment and that revolves around the charter of demand by most
Nigerians that the National Assembly must consult extensively with all segments
of the Nigerian society before going ahead with the process of amending the
constitution since the outcome would become the Peoples' constitution and not
one colonial or neo-colonial document that would only promote the selfish
interest of the political elite.
Determined to find out what constitute the concept of the
constitution and also what gives legitimacy and legality to the constitution,
this writer researched the work authored by Ma. Elena K. Parayno who clearly
stated that constitution refers to the body of rules according to which the
powers of sovereignty are
exercised.
On the importance,
nature and purpose of function of the constitution, Parayno stated that the people exercise control of their
government primarily through the Constitution which protects them from unjust
exercise of governmental power and through periodic elections by means of which
they choose the officers to represent them.
Political scientists say that a constitution is the supreme or
fundamental law creating the government, having been enacted by the people
themselves. This argument of the scientists in this school of thought supports
the general clamour for a Peoples' constitution to be written by the people of
Nigeria.
The purpose of the constitution as can be found in several
scholarly works of reputable and knowledgeable sources consulted during the
process of writing this piece, is to draw the framework or general outline of
the system of the government and to specify the respective powers and functions
of the various branches of government comprising this framework.
Therefore in amending the 1999 constitution and hopefully for the
very last time, the National Assembly must carry the people along.
Some draconian provisions that impedes transparency like the
immunity clause in section 308 must be jettisoned even as issues of state
police and respect for fundamental freedoms and plurality of religions must be
upheld as sacrosanct.
Some scholars went as far as distinguishing constitution from
statute. According to these scholars; "A Constitution is a law given
directly by the people, while a statute is a law enacted by the people’s
representative".
* Emmanuel Onwubiko, Head, Human Rights
Writers' Association of Nigeria, blogs @www.huriwa.blogspot.com.
12/9/2012
No comments:
Post a Comment