New constitution: Why NASS is handicapped — Omo-Agege

DEPUTY Senate President and chairman of the Senate Committee on the review of the 1999 Constitution, Senator Ovie Omo-Agege, has explained the reason the ninth National Assembly may not be able to endorse a new constitution for the country. 

Senator Omo-Agege disclosed this on Thursday, in his opening remarks at the national public hearing of the Senate committee in Abuja. 

Certain eminent Nigerians and sociocultural organisations have dismissed the existing constitution as unworkable and advocated a new document. 

Omo-Agege, however, noted that the National Assembly is only vested with statutory powers to amend the constitution and not to write a new one for the nation. 

He said: “Now, some of our compatriots have urged that rather than amending the constitution, we should make a new constitution all together. We respect this opinion and we believe it is a most desirable proposition. However, we are conducting this exercise in accordance with the extant legal order, which is the 1999 Constitution. 

“Specifically, Section 9 of the constitution empowers the National Assembly to alter the provisions of the constitution and prescribes the manner in which it is to be done. Unfortunately, it does not make similar provision or provide mechanism for replacing or re-writing an entirely new constitution. 

“To embark on any process without prior alteration of Section 9 of the constitution to provide the mode through which an entirely new constitution could be made would amount to gross violation of our oath of allegiance to the Constitution. In other words, it will take a new constitution amendment to be able to give Nigerians a most desired new constitution. It would be unconstitutional to do otherwise.” 

The deputy Senate president who urged Nigerians to use the opportunity provided by the ongoing exercise to ventilate their views, assured that no genuine submissions from any individual or group would be discountenanced. In his goodwill message, Chief Justice of Nigeria (CJN), Justice Ibrahim Tanko Muhammad, represented by Justice Ejembi Eko of the Supreme Court, demanded review of certain laws. 

The CJN who lamented that Justices of the apex court are overwhelmed with cases, specifically asked the lawmakers to take cognisance of Paragraph 10.1 of the National Judicial Policy of the National Judicial Council (NJC) which states that: “Outdated laws should be amended to reflect the present-day reality in Nigeria and enhance the Administration of Justice.” 

The CJN also asked the National Assembly to alter the constitution to mandate the NJC to fix and review judges’ salaries every four years. In the paper he presented as recommendations of the judiciary, the CJN submitted before the Senate committee, 45 constitutional amendment proposals on reforms in the Nigerian judiciary were submitted. 

He lamented that because the Act guiding the NJC have not been reviewed with effect from 2008, judges’ salaries have remained the same for about 13 years. He asked that those to be appointed Supreme Court Justice should not be less than 25 years of post-call to Bar. All the appeals from the Court of Appeal to the Supreme Court should be by leave of the Supreme Court and the application for leave can be determined by three justices of the apex court sitting in the chamber. 

He called for the number of the Court of Appeal Justices pegged at 49 in the constitution under Section 237 to be amended now to not less than 100 justices. 

Conference of speakers seeks amendment on impeachment procedures 

THE Conference of Speakers of State Legislature in Nigeria sought an amendment to impeachment procedures of speakers of the state houses of assembly. Honourable Abdullahi Wuse, Speaker of Niger State House of Assembly, made the call in Abuja on Thursday. Abdullahi, who spoke on behalf of conference of speakers, said there is the need to strengthen procedures of removing a speaker. 

He noted that the process of removing a speaker of a house of assembly without fair hearing is an embarrassing situation that had always played out in Nigeria.

“The conference is proposing an amendment to Section 92(c) of the constitution. The speakers deserve fair hearing. So, we are calling for the procedure where the speaker should be heard and the allegation properly investigated and, if found indicted, then a speaker can be removed,” he said. 

He also said the current standard on issue of financial autonomy had brought hardship to people, hence the proposed amendment to Section 123(3) to reflect implementation of financial autonomy. 

Amend constitution to allow referendum for new one – Ezekwesili 

Dr Oby Ezekwesili, former minister of education, in her presentation called for a single issue amendment to the constitution, to allow for a referendum by Nigerians for a deliberation of a new constitution. “We need to centre the citizens in our democracy, we need to call for a deep sense conversation,” Ezekwesili added. 

CAN wants immunity clause removed, creation of new states 

The Christian Association of Nigeria (CAN) has asked the National Assembly to remove the immunity clause from the constitution, thereby making every Nigerian equal before the law. CAN also demanded the creation of new states across the country, which it said would ensure administrative and governmental dividends. 

These positions and others were presented by the Christian apex body at the National Assembly during the public hearing. 

Addressing journalists in Abuja, CAN’s General Secretary, Joseph Daramola, said the Christian association also demanded devolution and decentralisation of power and governance system through formal introduction of geopolitical zones/regions with clearly assigned roles. Daramola, who was accompanied by the Director Legal and Public Affairs of CAN, Comfort Chigbue, said other recommendations include “gender equality: women employment through education and inheritance, equal opportunities in all social-political affairs, 18 years as the age of maturity and for consent for marriage, among others.” 

Furthermore, CAN said it wants the creation of Southern Kaduna/Kataf/Gurara state, Adada state from present Enugu State, Cross River North state, Okun state, Okigwe state, Oke Ogun State, etc. 

CAN also stressed the need to ensure equity for all, recognition of traditional and religious leaders in the proposed amendment of the Constitution. 

Kogi State CAN chairman, Bishop Dr John Ibenu, speaking at the two-day North Central zonal public hearing said the state CAN was in tandem with the position of the national CAN on constitution review as presented by its national president, Dr Samson Ayokunle. 

This was as the Bauchi State chapter of the Christian body observed that states and even the Federal Government contradict the clear provision of the constitution, particularly Section 10, to the effect that the government of the federation and the state shall not adopt any religion as a state religion. 

CAN, in a memorandum it submitted at the sitting in Bauchi, said “for example, in Bauchi State, provisions have been made for the implementation of Sharia Law since 2000/2001.

“In fact, Sharia Commission has been created and area courts were abolished and replaced with Sharia Courts. The provision of Sharia Courts and Sharia Commission without a corresponding ecclesiastical court and commission to attend to the yearning of Christian citizens has served as a great marginalisation, discrimination and/or source of conflict in terms of accessibility to employment because all the employees of the said Sharia Commission and Courts are only Muslims.” 

CAN through its legal representative, Bichi Obadiah, noted that “recognition of one religion and its legal system over the other has contravened the clear provision of the constitution recommendation.” 

CAN however make recommendations for the complete abolition of Islamic religion and its legal system from the constitution as either a federal or state law in compliance with Section 10 of the constitution of the Federal Republic of Nigeria, 1999 (Amended). 

Delta, Edo, Bayelsa call for devolution of power 

Governments of Delta, Edo and Bayelsa states on Thursday reverberated the need for devolution of power, fiscal federalism and creation of state police, among other demands for the unity, peace and progress of the country. 

Delta State memorandum, which was summarised by Professor Sam Ukala, was explicit that the present structure of the Nigeria Police is no longer meeting the security needs of Nigerians which he said called for the establishment of state police. According to the Attorney-General of Bayelsa State, Biriyai Dambo, who presented the memorandum of the state, full resource control of all natural resources located onshore and offshore of the federating states should be well marked in the proposed amended constitution. 

Speaker of Edo State House of Assembly, Marcus Onobun, made the presentation on behalf of the people and government of the state.

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