Political will is defined as “the extent of committed support among key decision makers for a particular policy solution to a particular problem.” It is also considered by political scientist Linn Hammergren to be “the slipperiest concept in the policy lexicon.”
In simple terms, it is a political willingness or desire by those who are in power to make a policy change to meet the needs of the people they serve.
The current constitution of Nigeria was, in fact, enacted on 29 May 1999 and entered into force on 31 May 1999. it superseded the 1993, 1979, and 1963 constitution. It was handed to us by the Military Government of Nigeria. It is the 1999 constitution that created the 36 States and 774 Local Governments in Nigeria and also identified Abuja as the Federal Capital. The process to the transition of 1999 constitution actually began in 1998 by the late maximum ruler , General Sanni Abacha, who, in a palace coup, teargas the interim government of President Shonekan out of office. Abacha himself expired in June 1998 and did not succeed in transisting himself and the country to civil rule and civilian president. His successor, General Abubakar, carried out and completed the process.
It will be recalled that the 1979 constitution was delivered to Nigeria by the former president, retd General Olusegun Obasanjo, who was then the head of states of Nigeria between 1976 and 1979. There was, therefore, no NASS during his tenure as a military ruler. He then handed over power to Alhaji Shehu Shagari after the election that was keenly contested in Court by Chief Obafemi Awolowo, the leader of the Unity Party of Nigeria. ( UPN)The ratio of the decision of that judgment was that of law and not evidence. It was a requirement that for a president to emerge, he must score two third of 19 states. What are the two-thirds of Nineteen States. It is not 12 or 13. It was a constitutional crisis. General Obasanjo himself intervened and made it 12. He maintained that, that was the intention of his military government. The outcome of the judgment was not actually made in court as thought by many but by a sitting head of states to avoid the crisis of the time. The judges only rubber stamped the ‘intention’ of the military government.
The 1999 constitution, however, provides immunity for the military leadership against prosecution for actions while running the government. The reason for this is obvious. They are not answerable to all the money that disappeared during their regime.
General Obasanjo won the 1999 election under the umbrella of People’s Democratic Party (PDP) and defeated Chief Olu Falae of the Alliance For Democracy (AD)
Despite the severe criticism of the 1999 constitution by the political observer and the stakeholders, the National Assembly of that time lacked the political will to review the constitution and provide a framework for a better constitution to address the concerns of the people. There was a call for the National Sovereign Conference for the people of the country to fashion out a workable constitution for the country. The call went unheeded. As a matter of fact, one of the Agitators of NSC Bola Ige, a brilliant lawyer and Senior Advocate of Nigeria who joined the government of Obasanjo as a Minister redefined the true meaning of SNC and made it clear that it is impossible to hold NSC since there is a sovereign government and so he reduced it to National Conference which never materialised anyway. The only achievement of NASS, which can be referred to as a political will, was their decision not to allow Obasanjo to amend the constitution so as to give way for 3rd term president. The 1999 constitution only allowed a maximum number of 8 years ( 2 terms of 4 years) for the president and the governors.
Chief Obasanjo completed the 8 years in office as president and handed over to Late Umaru Yaradua. Yaradua died in office within 3 years of becoming president. ( 2007-2010).His deputy, Goodluck Jonathan, completed the remaining year and another 4 years. The NASS of that time also lacked political will to fashion out any framework for a new constitution. Though Jonathan tried and established Confab in 2014 but the recommendations were not yet carried out as he bowed gracefully out of office, having lost election to retd General Muhammad Buhari. The 8 years of Buhari and the newly constituted NASS were the worst in the history of Nigeria. The NASS was just a mere rubber stamp to everything that Buhari wanted. There was no progress or political will to produce any framework of constitution for the country.
The current NASS are almost 2 years old in the chamber and they did not look like a body that has the political will to meet the yearning of the people by producing a workable constitution that will change the unwholesome 1999 constitution that was handed down by the Military Junta of by General Abubakar.
Instead of the National Assembly to face the task of giving us a new constotution they are embroiled in sexual allegations and counter sexual allegations.
Why did NASS lack the ‘political will’ that is needed for the country? We first need to look at the calibre of people who made it to the National Assembly. Some of them are just there because there is money to be made there, some are just there because their godfathers plant them there, some are there because they have money to spend to be there ; Some forged certificates to be there and even became senate leaders; Some ‘spent’ governors are members of the Senate just to continue to be relevant in politics. No wonder they have shed their primary objectives of making laws to form an unholy alliance with the executive arms of the government so as to benefit more from the ‘National cakes’. Of all the three arms of the government, the Legislature is the most powerful, but in Nigeria of today, they appear to be the weakest.
Nigeria deserves a new constitution that will reduce the power at the centre and devolve more of his power to the states as befitting a modern society. The 1999 constitution failed to consider properly the homogeneous fabric of our society.
For the past 26 years, Nigerians have been looking for the real Revolutionary NASS who would have the political will to produce and deliver a workable constitution for the progress of our beloved country. We have not seen that commitment from our representatives. They are only committed to other irrelevant things and personal gain.
Until then, the new workable constitution remains the desire of the progressive people of Nigeria to be pursued and attained. We should not be discouraged or abandoned that desire. We would have it very soon.
Niy Aborisade is a lawyer, a human rights activist, and a historian
