FROM THE FIELD: Nigeria: National Dialogue on Constitutional Reform

Constitutional reform is widely understood to be the critical first step to democratization. Over the years Nigeria has had a series of failed constitutions: the current one, a product of the former military regime, was introduced in 1999 prior to the democratic election that saw the current civilian government elected. However, there are many areas of contention in the 1999 constitution, not least of which is the non-consultative and non-participatory manner in which it was developed.

photo: M. Gould, International IDEA

Street scene, Jos, Nigeria

A workshop on constitutional reform was held in Abuja, Nigeria, 25-28 September, organized by International IDEA in partnership with the Citizens' Forum for Constitutional Reform (CFCR). Around 100 participants representing a wide variety of NGOs and key government decision-makers drawn from each of the 6 Zones (regions) of Nigeria, as well as international experts from regions such as Asia and Southern Africa, attended the workshop. Among the participants were Minister for Justice and Attorney-General Chief Bola Ige, Deputy Senate President Ibrahim N. Manutu and representatives from the National Election Commission (INEC).

photo: M. Gould, International IDEA

One of the six workshops held in collaboration with local Nigerian research centres and NGOs.

The workshop was an outcome of International IDEA's Assessment Report Democracy in Nigeria: Continuing Dialogue(s) for Nation-Building, which identified constitutional reform as the key issue in the country's democratization agenda. Between June and August 2001, International IDEA and the Nigerian Contact Group of the Nigerian Democracy Assessment Project organized a series of workshops in Nigeria's six Zones, held in collaboration with local research centres and NGOs. A key outcome of the workshops was the production of a set of priorities for democratization, ranked according to a voting system. Despite their diverse makeup, the issue of constitutional reform was consistently ranked as the highest priority at each of the workshops.

photo: M. Gould, International IDEA

"As people in the country will tell you, Nigeria is still predominantly a military society - even in institutions such as universities the culture of militarism is still there", says International IDEA Director of Programmes Patrick Molutsi. "There is very little 'vertical' dialogue between government and civil society, or adequate 'horizontal' dialogue between civil society organizations themselves, and of course not very much international experience is being shared with Nigerian society. What International IDEA is bringing to the country is all these three key elements - different types of dialogue and comparative international experience - and in Nigeria they are all very much appreciated."

photo: M. Gould, International IDEA

Participants in the constitutional reform workshop. From left: Ms Nomboniso Gasa, International IDEA Programme Officer; Mr Otive Igbuzor, Citizens Forum for Constitutional Reform; Chief Pini Jason, International IDEA Contact Group Steering Committee Member; Mrs Hajiya Biikisu Yusuf, Steering Committee Member; Igrahim N. Mantu, Deputy Senate President; Chief Anyim Pius Anyim, Senate President; Bengt Säve-Söderbergh, International IDEA Secretary-General.

The workshop focussed on discussions around the process of constitutional reform. While there is a high degree of consensus on the need for reform, precisely how the reform process should be undertaken, and in what form, remains a contentious issue. The existing government reform committees - one each from the legislative and executive arms of government respectively - have been criticised for lack of consultation with civil society.

A report will be produced summarizing the key constitutional reforms proposed in the workshop and outlining the broader debates on the reform process. It will be released in December 2001 and made available on the International IDEA website in an electronic version.

Workshop Recommendations

1. Executive and Legislature urged to combine their independent efforts on constitutional reform
   

2. Establishment of a constitutional reform committee as an independent body. Proposed committee to consist of outstanding citizens elected through a transparent process, with the goal of driving forward the constitutional reform and national dialogue process
   

3. National Assembly urged to pass the existing Bill on National Dialogue
   

4. Wide consultations to be held across the country on the best mechanisms for representations and ensuring that a National Dialogue is inclusive and participatory
   

5. International IDEA urged to facilitate a workshop (to be held in November). Workshop to focus specifically on the mechanisms and principles guiding a National Dialogue, with a view to rounding up the discussions and helping to concretize its modalities.