Omo-Agege’s thesis and new constitution

MOST Nigerians are resolute on their call for a brand new constitution, instead of a mere amendment of the existing 1999 Constitution (as amended). Eminent groups, professional bodies and prominent stakeholders in the Nigerian project have remained consistent in their demand for a constitution that captures the wishes and aspirations of the people and is in tandem with the principle of federalism.

It was no surprise that the issue resonated in the submission by a Senior Advocate of Nigeria, (SAN) Mike Ozekhome before the Constitution Review Committee of the National Assembly in Abuja. He insisted that the 1999 Constitution was foisted on Nigerians, so he strongly canvassed for a new constitution that could address the myriad of challenges besetting the country.  He is among those who belong to the school of thought that the existing constitution was grossly flawed, having been hurriedly packaged and forced down the throat of the people. His words: “1999 Constitution was hurriedly compiled from the schedules of Decree 4 by the military. The constitution is a unitary document which over concentrated powers at the centre in a federation.” Describing the document as “an illegitimate child,” he said no amount of amendments could give it legitimacy, since “You cannot put something on nothing.”

His views on the subject-matter were diametrically opposed to the position of the chairman of the National Constitution Review Committee and deputy President of the Senate, Senator Ovie Omo-Agege. The senator had said the call for a new constitution was unrealistic because it runs against the grains of the 1999 Constitution. Omo-Agege, also spoke against the backdrop of the position adopted by the five states in the South-South under the auspices if BRADEC which joined the fray for a return to a regional structure. A former Minister for Foreign Affairs, Chief Tom Ikimi, who spoke on behalf of the South-South, made a strong case for a new constitution and return to a unicameral legislature, with the membership pruned in order to meet present economic realities. Omo-Agege subtly faulted those propositions and advised the advocates to approach the court of appropriate jurisdiction on those issues. He argued that all elected and appointed officials of government have sworn to defend the 1999 Constitution. On his part, Ozekhome said while the National Assembly lacked the power to call for new constitution, it should use the opportunity of the ongoing constitutional review to begin the process for a brand new constitution for the country. Also, Ikimi said the people of the South-South were shocked at remarks that the Nigerians could not have a new constitution when it is widely accepted that the 1999 Constitution is seriously flawed. He said there was nothing wrong in the National Assembly setting the machinery in motion for the people to have a constitution they can claim ownership and authorship.

On the whole, the South-South leaders expressed their unalloyed support for the southern governors on restructuring and return to a regional arrangement to guarantee steady progress and stability in the country. They also back the demand for state police as one of the realistic solutions to mounting security challenges across the country.

However, for a former Head of Service, Yayale Ahmad who was also at the public hearing, one his major concern was state creation apart from a new constitution for the country. Thus, he renew calls for the creation of Katagum State. He said he was not surprised that some of the current issues have resurface in the public space 22 years after the military foisted the 1999 Constitution on the Nigerians.

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