N'ASSEMBLY AND CHAPTER 2 OF THE 1999 CONSTITUTION

Chapter 2 of our 1999 Constitution as amended is a charter of deceit included in our constitution as an official window dressing. It is fundamental and yet of no effect. Anything that is fundamental is foundational and it will not be an overstatement to say that it is basic or a necessity for the existence of the citizenry it is made for.

CHAPTER 2 of the Constitution of the Federal Republic of Nigeria 1999 as amended tagged 'fundamental objectives and Directive Principles of state policy'' has not achieved the purpose for which it is a part of our constitution.

A Constitution properly so called is said to be the fons et origo - i.e. the fountain upon which the origin of the state springs. It is the substratum which carries the super structure of a state with its accoutrements such as the Legislature, the Executive and the Judicial Arms of the government, hence the beauty in the word, the grund-norm.

No structure can stand unless it is laid on a solid foundation.

American Constitution is elegantly drafted in just five pages, which is an embodiment of the collective aspirations, will and the destiny of the Americans. The Americans went too far by telling the world that they totally rely on God. This undoubtedly made them to boldly inscribe on their currency: 'IN GOD WE TRUST''. This has sustained the dollar as the world medium of exchange. In what do we trust, could it be bribery and corruption and total disrespect for human life, which is gradually becoming our common denominator?

We run the same kind of presidential democracy with America. Nigeria is smaller in size, less populous but our own constitution is a textbook of close to two hundred pages. It is a stale truism that the volume of laws a nation has is directly related to the citizens' propensity to commit crime. Laws will always abound where crime is celebrated. Section 419 of the criminal code, which is a section that deals with obtaining by false pretences is an undisputed thriving profession for our teeming unemployed youths popularly called 419 or yahoo boys.

We have carefully studied the Fundamental Objectives and Directive Principles of State Policy and we are convinced beyond doubt that it should be the kernel of our constitution and the issues to be canvassed and determined in any meaningful National Sovereign Conference.

Without any sense of insincerity, if Chapter 2 of our 1999 Constitution as amended which advocates equal opportunity for all, is carefully modified by non partisan and patriotic expert Nigerians, we will come up with a Constitution of not more than ten pages, if we tell ourselves the truth. Most elaborate writings especially constitutional drafting are done to embellish or add fictitious details, untrue statements and archaic legalese intended to confuse, deceive and to make its interpretation cumbersome and difficult to fool the people.

What do we really need apart from basic comfort such as steady power supply, housing, food, good employment, good and quality education, good health insurance scheme, merit and not mediocrity, good welfare for the aged and disabled, equal pay for equal work, good health care delivery system, freedom of association, an effective tax system and cordial relationship with the international community.

All these are in chapter 2 of our 1999 Constitution as amended, which is our model Alsatian dog without legal teeth. The same chapter 2 suggests equal work for equal pay, which presupposes that if salary is to be based on qualification, the same salary will be paid to every person having the same academic qualification whether you are a lawmaker or a civil servant in a ministry. If all these are met, corruption, kidnapping, armed robbery and do or die scheming for plum jobs will cease. We will experience national revival, corruption and religious intolerance will cease.

When something is fundamental, it is foundational and foremost. When something is directive, it should be a pilot leading lantern. Chapter 2 of the 1999 Constitution as amended should be expunged unless it is made justiceable and adopted as our true and Operative Fundamental Objectives and Directive Principles of State Policy. One may look at the provisions of chapter 2 as wishful utopian promises but it is not so, if we have godfearing leaders who can harness and effectively manage the enormous resources we have. There is money in this country; we can be the best nation in the world but corruption has eaten deep into our national fabric and our common wealth is only in few hands, which they stash in foreign accounts at the detriment of the indigent masses.

The Constitution after a genuine National Sovereign Conference will become ours and truly supreme. A true national population census should be done. We should have a database where the identity of every Nigerian can be verified in which regard the current national identity card pilot project has failed us. Every Nigerian must have a National identity card and an accurate data of deaths and births records must be kept. No person can determine the number of foreigners in Nigeria.

Most of the crimes committed in Nigeria are by foreigners.

The number of the members of the National Assembly should be reduced and they should be largely lawyers since their primary function is to make laws. The legislators should seat on part-time basis and paid per seating which remuneration should be made public. Section 4 of the 1999 constitution as amended.

Barristers Amalu and Osuji write from Lagos.