CALLS FOR NEW CONSTITUTION…NASS Turns A Deaf Ear, Proceeds With Amendment

The National Assembly has shut down calls for the creation of a new constitution, instead of the statutory amendments or reviews which have been ongoing in the last 20 years.

The federal legislature said the process of creating a new constitution would lead to anarchy and chaos, adding that a country cannot throw its existing Constitution away on any account.

The National Assembly, which is resuming from its recess, added that a country cannot discard its grundnorm but will fine-tune it to meet emerging realities after promulgation or enactment.
Meanwhile, the House Committee on Constitution Review, chaired by Deputy Speaker Benjamin Kalu, has so far received 13,500 memoranda on various subject matters.

The Nigerian Constitution has been subjected to five alterations since the inception of the Fourth Republic in 1999, with the first and second alterations providing for the Financial Independence of the National Assembly and Independent National Electoral Commission (INEC) and granting the Supreme Court jurisdiction on appeals from the Court of Appeal on the election of governors and their deputies.

The third and fourth alterations, among others, established the National Industrial Court under the Constitution as a superior court of record and provided for the funding of the Houses of Assembly of States directly from the Consolidated Revenue Fund of the state.

The fifth alteration under the 9th Assembly, amongst others, reinforced financial autonomy for State Houses of Assembly and Judiciary, decongested the Executive List, and deleted reference to the provisions of the Criminal Code, Penal Code, Criminal Procedure Act, Criminal Procedure Code or Evidence Act.
However, in the current National Assembly, the committee on the constitution amendment was set up in the Senate on February 14, 2024, while that of the House was inaugurated on February 26, 2024.
Since the 10th National Assembly began the process for the sixth Constitution amendment, there have been renewed calls for the abolishment of the present laws of the land and enactment of a new one.
Such demands had emanated from eminent leaders, elder statesmen, and serving and former governors who called for the complete abolishment of the 1999 Constitution, citing its lack of legitimacy and inability to address the country’s challenges.

Some of such calls were made at the Nigeria Institute of International Affairs (NIIA) in Lagos during the National Dialogue on the Constitutional Future of Nigeria in honour of renowned legal luminary, Prof. Ben Nwabueze, organised by the Patriots with the theme: “Lawful Procedures for Actualising a People’s Constitution for Nigeria.”

A former secretary-general of the Commonwealth and Chairman of the Patriots, Chief Emeka Anyaoku had stressed that the current constitution lacked the legitimacy expected in a pluralistic country like Nigeria, and called for the adoption of the recommendations of the 2014 National Conference or the convocation of a nonpartisan constituent assembly to develop a truly federal constitution.

Leader of the Pan-Yoruba socio-political organisation, Afenifere, Chief Ayo Adebanjo, also called on President Bola Tinubu, who he said had been an advocate for a new constitution, to set up a committee to deliver a new constitution within three months, arguing that the National Assembly cannot oversee the process due to its origins in the flawed 1999 Constitution.

For a constitutional lawyer, Prof. Mike Ozekhome (SAN), the 1999 Constitution is fundamentally flawed and cannot be amended. “One million amendments multiplied by one million amendments added to another one million amendments cannot change the constitution because it is fundamentally flawed,” he said.

Also, a former Sokoto State governor, Senator Aminu Tambuwal, noted that the National Assembly could promulgate a law to begin the process of a new constitution, similar to the doctrine of necessity used during the health challenges of the late President Umar Musa Yar’Adua.
Tambuwal, a former speaker of the House of Representatives, said, “We can as well resort to another doctrine of necessity to come up with the legislation to enable us to commence the process of having a new constitution.”

Similarly, former governors James Ibori, Kayode Fayemi, and Obong Victor Attah have also emphasised the need to secure the support of Tinubu for a new constitution while Governor Babajide Sanwo-Olu of Lagos State threw his weight behind the agitation for a truly federal constitution in Nigeria to devolve power to the federating units.

In the same vein, the National Christian Elders Forum (NCEF) said the perennial amendment of Nigeria’s 1999 Constitution by the National Assembly should cease and that the lawmakers should instead commence work on a new grundnorm for the country.

The forum’s chairman, Dr Samuel Gani said after five alterations to the Constitution without any significant positive impact on the country, the National Assembly should commence work immediately on adopting the report of the 2014 National Conference which included a draft Constitution.

This is just as there have been agitations for the return to parliamentary system of government to replace the presidential mode, which is being championed by some members of the House of Representatives who have introduced three bills to that effect.

The bills seek to alter the Constitution to transition from the current presidential system to a parliamentary system at all levels – federal, state, and local government.

But speaking to LEADERSHIP, spokesperson of the House Committee on Constitution Review, Hon Philip Agbese declared the demands for abdication of the current Constitution as a call for anarchy and chaos as a country cannot throw its supreme law away on any account under a democratic dispensation.

Speaker Abbas Tajudeen had admitted that some citizens are calling for the Constitution to be entirely discarded instead of amendment, but that even more mature democracies have accepted this position as the United States had ratified 27 amendments to its Constitution.

“While some citizens argue that the document should be entirely discarded, it is important to remember that democratic consolidation can only be incremental and gradual,” Abbas said.
Giving an update on the Constitution amendment process in the House, Agbese disclosed that the Committee is still receiving memoranda till Tuesday, April 30, while 13,500 memoranda had so far been collected on various subject matters.

The Constitution Review Committee’s spokesperson also said the panel will be holding town hall meetings to train experts on the various subject matters on which memoranda had been submitted.
“We are still receiving memoranda. We have extended deadline for the collection of memoranda. We initially set the deadline for April 10 but that has been extended to April 30. We have so far received 13, 500 memoranda on various subject matters.

“These include state police, state creation, devolution of power, local government autonomy, etc. We have subcommittees looking at the various subject matters. By next week (Tuesday or Wednesday) we are holding a town hall meeting to train experts on the various subject matters,” the lawmaker said.

Constitution Reforms Will Be Taken Seriously – Senate
Speaking to LEADERSHIP, the chairman, Senate Committee on Media and Public Affairs, Yemi Adaramodu, said the issue of the amendments will be taken seriously as the lawmakers resume on Tuesday.

“The issue of constitutional review will be taken seriously. Issue of electoral reforms will be taken seriously also. Already, committees had been constituted in the Senate before we went on recess. We are going to hold critical meetings with stakeholders.

“We are going to move to the zones, which is necessary, to get the input of Nigerians and their desires in the constitution amendment and the electoral reforms,” Adaramodu said.

LEADERSHIP reports that bills and memoranda have been received with the issues of devolution of power, true federalism, local government autonomy, parliamentary system, state police, and giving roles to traditional rulers, among other issues being raised.

The bills are coming as private and member bills while the executive has announced it will submit bills in the amendment process.
All the bills, if passed by the National Assembly, must get two-thirds approval from the 36 state houses of assembly.