Should we discard the 1999 constitution?
By Mujib Dada-Qadri  SIR: If the 1999 Constitution of Federal Republic of Nigeria was to be a wife in a polygamous marriage, it would have rebelled and bitten the husband in frustration. The constitution has been scandalized for being not just an unwanted wife but also a source of misfortune. The challenges bedeviling Nigeria despite being largely man-made and economic have been totally blamed on the 1999 Constitution and chief of these blames seem to be the illegitimacy of the constitution, best symbolized as an unwanted wife. United States of America will remain the biggest inspiration to republicanism and democracy globally, the reason being that it is the inventor of innovatively refined democracy and the oldest. Americas Constitution which has not only inspired the world but particularly inspired the Nigerias presidential system of government sourced its legitimacy from 55 delegates in the summer of 1787. Only 39 actually signed the constitution after rancour and compromises allowing slave ownership and limited right to vote. It used to be my imagination that all citizens of USA at that time converged for the drafting of the constitution and that qualifies we the people mantra. The same constitution has gone through over 20 rigorous amendments and still legitimately evolving and scouting for perfection. Historically, evolution of Nigerias constitution whether pre-colonial or post-colonial experienced its most remarkable legitimacy in the 1979 Constitution which paved way for indigenously crafted republican constitution through a robust constitutional convention chaired by legal luminary, FRA Williams. Though, it was inspired by a military regime but its legitimacy and democratic elements cannot be trashed. The sophistication of 1979 Constitution could not save the country from another military coup. The1999 constitution was necessary to usher us into a fresh democratic dispensation despite similar constitutional drafts prepared during military dispensation of Ibrahim Babangida and Sani Abacha. The military regime of Abdul Salami Abubakar encouraged the speedy drafting of 1999 constitution to fast-track transition into 1999 democratic administration and avoid another foreseen or unforeseen coup. In the words of Justice Niki Tobi who chaired its drafting; In the light of the memoranda and the oral presentation on the 1995 Draft Constitution, it is clear that Nigerians basically opt for the 1979 Constitution with relevant amendments. Such qualification of illegitimacy is jurisprudentially wrong and best described as emotional. Laws are products of political, social and economic evolution. How the 1999 constitution can be best remodeled should be the focus now considering how it has sustained our democracy for over 20 years, a success not achieved by any previous Nigerian constitution. It must also be emphasized that despite the importance of national conferences/confab or any other national dialogue, the resolutions emerging from these conferences cannot be enforced on a legitimately constituted National Assembly and state assemblies. If the legitimacy of the National Assembly is nullified like some people have suggested on the ground that it is based on an illegitimate constitution, then, we will have a state in vacuum or non-existent state. South African 1996 constitution that finally ushered in a fresh democratic dispensation was preceded by an interim constitution to create a status for the state. Hence, such views are best rated as anarchical views. The imperfections in electoral legitimacy of our lawmakers or other imperfections in federalism, electoral processes, referendum etc are best reformed through these alternative processes; Section 9 of 1999 constitution specifically provided for how the constitution can be altered but the constitution can be best refreshed not trashed by amending the constitution to allow for Constituent Assembly or Constitution Drafting Committee which will serve as an interface between the people and the legitimate national and state assemblies. ADVERTISEMENT  It should also be reiterated that the imperfections in the 1999 constitution is not responsible for Nigerias economic woes considering the fact that we have countries with poorer or less democratic dispensations prospering economically. Indeed, 1999 constitution is a victim generalized blames of frustration. Mujib Dada-Qadri,  [email protected]