In the analysis of Emuobohwo Mudiaga Odje Executive orders cannot replace a jot or line of any part of our constitution. True! But my argument has always been that if we had copied and pasted the tenets of the Presidential and Federal systems of governance correctly, which totally devolves autonomous powers to the Judiciary and NASS as co-equals; executive orders would be unnecessary. For instance, is it not absurd that since 1999, we have not been able to democratically and incrementally come together to have a new constitution?
Secondly, we should acknowledge that there is no perfect constitution in any part of the world. We should also note that the human elements could be what constitute the bad or good constitutions through their patriotic zests and implementations. Bad people can make a good constitution unworkable and good people can make a bad constitution workable. What is expected is that as politicians secure places in the lower and upper chambers, they ought to renew some aspects of the constitution for the good of the people, and therefore, all constitutions are works in progress.
Elementary Government studies taught us that some constitutions are unwritten to the extent that the people are guided by judicial pronouncements, cultures, ethos, precedents, conventions, historical perspectives, etc. Thirdly, if we had a NASS, State Assemblies, the Judiciary, and a Local Governments system allowed the autonomous functions they deserve, and not depending on the Governors and Mr. President for rent collections, perhaps all the autonomous bodies called states would mine their resources and support the Federal structures in the maintenance of immigration, customs, and the Military, etc., better than we have today.
Yes! We were not a party to our amalgamation. That we have no control over. But we have control over what will make the Ndigbos, Arewas, Edos, Yorubas, Ijaws, Isokos, Urhobos, Iteskiris, Jukuns, etcetera, determine what they want to do with the gifts of nature in their domains and also jointly determine what will be good enough to protect Nigeria from external aggressions. Why can’t we put the processes in place now that we have control over all the variables?
Do we just lament and unable to come together to reshape our today that was improperly constituted or allow wars determine who exits first for us?
The decision is ours.
Grace and peace!!!