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Harmonised Model Constitution
Edited by
Wale Fapohunda, John Ikubaje, Eshiet Eshiet and John Osiegbe
Harmonised Model
Constitution is published in partnership between the Legal Resources
Consortium and the Citizens’ Forum for Constitutional Reform (CFCR). The
aim of this publication has been to contribute constructively to the
ongoing discussions on constitutional reform, by comparing the various
government and non-government initiatives.
Harmonised Model
Constitution compares four constitutional publications by lining up
CFCR’s previously published Model Constitution on the Nigerian
Constitution with the official 1999 Nigerian Constitution, the
Presidential Technical Committee’s Constitution Model, and the Forth
Republic (First Term) National Assembly’s Model Constitution in parallel
columns of a continues table stretching out over a total of 364 pages
with a separate column for differences between the various versions.
The publication of
Harmonised Model Constitution has been given invaluable support from
the Open Society Initiative for West Africa (OSIWA).
© Citizens’ Forum for
Constitutional Reform (CFCR), 2004
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Model Constitution of the Federal
Republic of Nigeria
This is a model constitution evolved
through a series of consultations and dialogues facilitated by CFCR. The
purpose of producing such a model constitution goes beyond revising the
1999 Constitution to contribute to the realisation of a people-driven
and process-led constitution that can serve as a basis for enduring
democratic governance in Nigeria. As several other civil society groups
have come out with model constitutions for Nigeria, this contribution by
CFCR should be seen as an additional effort at galvanising the Nigerian
people to the debate on and bringing forth of a truly people-inspired
and owned constitutional order.
This publication consists of more than
150 pages of text plus an updated list of member organisations of CFCR.
© CFCR, 2004.
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Constitutional Education Manual
Prepared by
Citizens’ Forum for constitutional Reform (CFCR)
© CFCR 2004
This manual is intended to introduce the average
Nigerian to constitution-making and the theoretical and practical issues
surrounding it. It can also be used as a reference manual for citizens
of other developing countries.
The constitution is a very important factor in
determining how power is acquired and used in society. In turn, who
controls power and how it is used is a central and determining factor in
the distribution of social resources. A constitution, therefore, has
great significance for the material well-being and quality of life
enjoyed by the populace. This is why questions of who makes a
constitution and how it is made are very important. Obviously, the maker
and how it is made influences what goes into a constitution.
The manual is originally designed for a training
workshop. Apart from an introductory chapter, there are five substantive
chapters, each of which takes the user through the basic issues
concerning constitution-making. Chapter 2 to 4 address such preliminary
issues as government, power, politics, types of government, the basic
principles of democracy, and the different types of democratic
governance. Chapter 5 looks at the process of the making of
constitutions, while chapter 6 tackles the contentious issues in the
Nigerian Constitution of 1999.
Each chapter opens with a list of objectives that
is intends to meet, and each chapter also concludes with activities for
workshop participants working in small groups. The manual consists of 74
pages plus an appendix which lists all the 117 member organisations of
CFCR. This manual will go a long way in demystifying the process of
constitution-making.
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Constitution of the Federal Republic of Nigeria, 1999
(Simplified and Abridged)
This
booklet contains a simplified version of the Nigerian Constitution of
1999. This version tries to simplify the complex technical and
legalistic language in the original 1999 Constitution, for public
consumption and to ease public participation in debating the content.
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The CFCR National Scientific Survey
This
publication is a report on a survey on constitutional reform in Nigeria.
The survey was meant to provide an empirical basis for determining the
import of constitutional reform within the general framework of the
Nigerian polity and the mode of governance. The survey tried to answer
the following research questions: What are the views of Nigerians on
their constitution? Do they know about their constitution, its major
provisions on issues of gender relations, the minority questions,
revenue allocation, citizenship, etc? What aspects of the constitution
do they want reviewed? The survey was carried out using a structured
questionnaire on a total of 1800 respondents drawn from 12 states, two
in each of the six geo-political zones of Nigeria.
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Memoranda
submitted to the Presidential Committee on Provisions for and Practice
of Citizenship and Rights in Nigeria & The Presidential Committee on
National Security in Nigeria. Published in 2002 by Citizens’ Forum
for Constitutional Reform (CFCR). 56pp. Available from CDD’s
International Office, London for £2.00
This pamphlet contains two memoranda
submitted to panels set up by the government, the Presidential Committee
on Provisions for and Practice of Citizenship and Rights in Nigeria
& The Presidential Committee on National Security in Nigeria. The
first one deals with the crisis of citizenship and rights in Nigeria’s
constitutional history, with the numerous ethno-religious and communal
conflicts, which the country has experienced over the years, that are
partly rooted in the problem of citizenship. The second one presents the
views and positions of the Citizens Forum for Constitutional Reform (CFCR)
on the question of national security in Nigeria, and offers policy
recommendations on how the key issues threatening the peace, stability
and security of the country can be tackled.
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A
Critique of the 1999 Constitution Making and Review Process in
Nigeria, by Otive Igbuzor. CFCR Monograph Series No 1. Published
in 2002 by Citizens’ Forum for Constitutional Reform (CFCR). 56pp.
ISBN: 978-35358-8-9. Available from CDD’s International Office,
London for £2.00
In this monograph we give a historical
account on constitution making in Nigeria. The monograph highlights
the problem of the 1999 Constitution and gives a critique of the
process of its making and review. It argues that the process of making
and review of the 1999 constitution did not involve the people of
Nigeria and therefore cannot lead to the production of a people’s
constitution. The monograph gives the lessons for making a people’s
constitution drawing heavily from the experiences of African countries
like Eritrea, South Africa and Uganda. The booklet is divided into
nine parts. The first part clarifies the concepts of constitution,
constitutionalism and constitution making. The second part traces the
history of constitution making in Nigeria from the colonial era till
date while the third part locates the marginalisation of women within
that history. The fourth part gives an overview of the problems with
the 1999 constitution and the fifth part offers a critique of the
ongoing review process, partly with regards to the work of the
presidential committee on the Review of the Constitution and the
National Assembly. The sixth part of the paper analyses the strategies
that civil society organisations have utilised to reform the 1999
constitution, while part seven gives the experience from other African
countries like Eritrea, South Africa and Uganda. The eighth part
outlines the lessons for making a people’s constitution, and the
final part suggests the way forward.
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Contentious
Issues in the Review of the 1999 Constitution. Edited by Otive Igbuzor
and Ololade Bamidele. Published in 2002 by Citizens’ Forum for
Constitutional Reform (CFCR). (ISBN: 978-35358-7-1). 250pp. Available
from CDD’s International Office, London for £5.00
Nigeria
has been engaged since 1914 in what has so far turned into fruitless
search for the perfect constitution. The country has experimented with
many constitutions, yet it remains as far away from constitutionalism,
in the form of due process and the rule of law, as it was a century
ago.
This book is a report from a workshop
titled, as the book, “Contentious Issues in the Review of the 1999
Constitution”, held at Dayspring Hotel in Abuja from 3-6 July 2002.
The volume demonstrates that when the people meet and discuss among
themselves in a free and open manner, contentious issues can and do
get transformed into props for consensual politics. The book contains
both a summary report from the conference and the papers presented, as
well as extensive appendices with information about CFCR, and lists of
participants and members of CFCR, etc.
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Draft Model Constitution of the Federal Republic of Nigeria. Prepared by
Citizens’ Forum for Constitutional Reform (CFCR) for discussion and
adoption at the CFCR National Conference on the 1999 Constitution of
the Federal Republic of Nigeria.
The draft model constitution addresses the
flaws of the 1999 Constitution. For instance, it is written in a
simple, gender sensitive language that every Nigerian can understand.
Furthermore, the model constitution attempts to capture what Nigerians
have been clamouring about for so long – a true or genuine
federalism. To this extent it provides for state constitutions and
state police. In addition, the constitution guarantees economic,
social and cultural rights and makes them justiceable; it guarantees
the right of women and provides for affirmative action. Moreover, the
constitution provides for an independent judiciary, independent
commissions and control of resources by the states of the federation.
The draft model constitution is a reflection of the participatory
process that was utilised in the making of it, resulting in a
radically different, new, progressive document that meets the wishes
and aspirations of ordinary people.
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The
Constitutional Forum, Vol. 1, No. 1, 2002. Newsletter of CFCR,
edited by Ololade Bamidele.
This first edition of the CFCR newsletter
contains the CFCR approach to the review of the 1999 Constitution, a
report of CFCR’s local state conferences in Nigeria, an advocacy
strategy for constitutional review, a report on CFCR and international
IDEA workshops, and an article on process and mechanisms of
constitution-making, as well as articles on the perspectives from
civil society on constitutional reform in Nigeria, and on gender &
constitution-making.
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