By Buba Gagigo
In their Explanatory Note on the 2024 draft constitution, the government clarified the removal of Chapter Five, which addressed leadership and integrity in the 2020 draft. The government explained that the punishments outlined in this chapter were deemed “disproportionate.”
According to the government, it is more appropriate for these matters to be governed by legislation or regulations rather than being embedded in the Constitution.
The 2020 Draft Constitution included a chapter on leadership and integrity, providing a framework for the conduct and responsibilities of public officers. However, the 2024 Draft has removed this entire chapter, specifically clauses 23 to 30.
“While the chapter on Leadership and Integrity in the 2020 draft constitution may be well-intentioned and necessary for promoting good governance, such provisions may also be too detailed and prescriptive for inclusion in a national constitution. Although it is important to emphasize the principles of transparency, accountability, and integrity in public service, the specificity of certain provisions, such as the restrictions on the activities of public officers and obligations of persons dealing with public officers, may be challenging to implement and monitor effectively,” the government explains.
The government added that including such “detailed” provisions in a national constitution could limit flexibility and hinder the ability to adapt to changing circumstances.
“It is more appropriate for these aspects to be addressed in legislation or regulations rather than being enshrined in the Constitution. Additionally, the consequences outlined in clause 29 of the 2020 Draft for contraventions of the provisions are quite severe, with lifetime disqualification for public officers and terminations. The severity of these punishments is disproportionate. It has been resolved that it is more practical to address these aspects through legislation or regulations that can be more easily amended and enforced,” they said.
The government also noted that the preamble and clause 2 of the 2024 Draft effectively capture the essence and purpose of the removed chapter.