News Agency of Nigeria
Stakeholders urge NASS to align constitution review with democratic practices

Stakeholders urge NASS to align constitution review with democratic practices

By Ebere Agozie

Stakeholders in the judicial sector have urged members of the National Assembly to ensure the proposed constitution review aligns with democratic best practices.

 

They gave the charge at a one-day Webinar Series No. 14 of the Rule of Law Foundation organised to address the Problems of Modern Day Nigeria through Constitutional Amendment.

 

The event was to commemorate the 45 years anniversary of call to the Nigerian bar and 30 years of conferment of the Rank of Senior Advocate of Nigeria on JB Daudu.

 

Daudu in his paper, which he averred as his `Input as it Relates to the Ongoing Process Of Constitutional Amendment’, said that the review must also ensure historical lessons and the urgent need for public trust in Nigeria’s legal system.

 

“If the Nigerian elite are to be honest to themselves, they will readily agree that the reason for bad governance and corruption in Nigeria is not the nature of the constitution in view.

 

`It is the attitude of the leaders and those at the helm of authority to the basic principles of governance.

 

“I have always believed that a constitution is not what determines how a country is run. It is the honesty, the decency, the God-fearingness of the leaders that will determine it.”

 

He added that any constitution can be applied equitably and fairly unless personal interest comes into play.

 

Daudu said that if a constitution is not properly applied, it would not bring about the much needed justice and peace in the society.

 

The governor of Kogi State, Usman Ododo, said that it is imperative to stress the importance of constitutional amendment.

 

Ododo was represented by Muiz Abdullahi, SAN, the Attorney General and Commissioner for Justice of the state.

 

He added that the amendment in Nigeria cannot be over-emphasized as some of the provisions of the constitution are no longer in tune with international best practices.

 

“Amendment of the 1999 constitution of the Federal Republic of Nigeria is therefore crucial for the following reasons.

 

“To promote the rule of law by strengthening the independence of the judiciary, enhancing the protection of human rights and access to justice.

 

“To strengthen federalism in Nigeria, state governments should be made more independent by proper devolution of powers. More power should be devolved to state governments for rapid development across the country.’’

 

The governor urged that the federal and state governments should be allowed to legislate on issues that border on mining and others.

 

Ododo said that this would address provisions in the constitution that are capable of causing confusion or multiple interpretations.

 

“For example, who legislates on items not contained in either the exclusive or concurrent legislative list.

 

“We have to bring the constitution at par with changing times in order to align same with international best practices.

 

“It should ensure that the constitution is a reflection of the aspiration as well as the needs of the citizens of the country for an efficient promotion of good governance and national development’’.

 

He, thereafter, congratulated Daudu for the milestone of celebrating greatness, success and outstanding impact in the legal provision in Nigeria and beyond. (NAN)

Edited by Ismail Abdulaziz

Constitution review should reflect people’s views– Ndarani

Constitution review should reflect people’s views– Ndarani

By Ebere Agozie

A Senior Advocate of Nigeria, Mohammed Ndarani, has advised the National Assembly to ensure that the current constitution review reflects the views of the people.

 

Ndarani gave the advice during a press conference on Friday in Abuja.

 

He noted that developments in the country justifies a complete overhaul and comprehensive amendment to the 1999 constitution.

 

He said that the current constitution has gone through five amendments and it is believed that it could be much better.

 

“My stand has always been to draft a totally new constitution but if we must continue to tinker with the same document over and over again, it has to be thorough this time around.

 

“The truth, however, is that the constitution has to be fundamentally solid and take into account the special characteristics of the entity for which the document is being drafted.’’

 

He advised that the process must draw from the peculiarities of Nigeria, the demographics, ethnicity, economic structure as well as the many other current realities.

 

“There is therefore a great need for the National Assembly to make provision for a proper referendum prior to amendments to those critical areas of the constitution.

 

“This is what will give the said constitution or act the touch of the people, imbue it with much-needed legitimacy and bring the laws closer to the people and vice versa.

 

“Considering that the Zonal public hearings are already underway, the voice of the people should be heard to ensure a greater relevance and acceptability of the outcome.

 

“The world over, constitutions are amended to respond to socio-economic, cultural and political changes, so the amendment process must entail the mass participation of the people.’’

 

The senior lawyer said that no constitution is entirely good or completely bad, adding that it depends on the people who apply and implement the provisions.

 

“It must be transparent, credible and rigorous enough to ensure that it is done in the interest of the people, and not to protect the personal interests of some individuals.

 

“In many instances amendments are seen as a means of protecting vested interests as power blocs see the process as a political poker game, rather than a democratic rearrangement to benefit all.’’

 

Ndarani noted that Nigeria is a state founded on the principles of democracy and social justice, emphasising that sovereignty belongs to the people.

 

He questioned the rational behind the removal of  some submissions of the people by the National Assembly, especially the one calling for removal of the immunity clause.

 

“We are talking about fighting corruption at the highest places and they are refusing to allow debate on the removal of the immunity clause.

 

“Who told them to remove those submissions, was it the people? Removal of the immunity clause is part of what the people want.

 

“The people want to be able to hold their leaders accountable and the removal of the immunity clause will help them gather evidence and prosecute erring leaders.

 

“They should allow whatever is the opinion of people on the people’s constitution to prevail.

 

“The review should result in a responsive and efficient constitution that will address structural, fundamental and emerging issues within the Nigerian Federation.

 

“With the right constitution to guide the Nigerian nation, this country has the wherewithal to be one of the leading nations on earth,’’ he added.

 

Ndarani said he aligned himself with the indigeneship bill tabled by the Deputy Speaker of the House of Representatives, Benjamin Kalu.

 

Kalu had proposed a bill to grant indigene status to individuals who have resided in a state for 10 years or married a native.

 

“I see it as a progressive move for national unity. Nigerian citizenship is primarily defined in Chapter 3 of the 1999 Constitution (as amended).

 

“Nobody should be prevented from contesting for a position because his parents were not from a particular city, state or locale. Citizenship should take precedence over other mundane considerations.

 

“That means that you take a position based on citizenship in the state, not on indigeneship and there should be no discrimination.

 

“This citizenship provision is saying that Nigeria is one indivisible nation. It is Nigeria first, before individuals.

 

“The constitution should have state citizenship: that is you know where you come from, but once you have your citizenship, like in the UK, nobody will ask you where you are from.”(NAN)

Edited by Ismail Abdulaziz

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