Feedback
on Constitutional Review
THE agitation for the review
of the nation's constitution
is as old as the current
democratic dispensation. It
is borne out of the many
loopholes that emanated from
the 1999 constitution
drafted by the erstwhile
military junta.
The process of reviewing the
constitution has begun in
earnest. The Federal
government has set a
machinery in motion to
ensure a rebranded
constitution that would
reshapen the political
landscape of this country.
Both Senate and the House of
Representatives have also
started preparing legal
frame work to actualize the
dream.
However, many meaningful
Nigerians have divergent
views on the functionality
and otherwise of the
constitution being revieed.
In this report EMMANUEL
GWATANA and GRACE BEN KATO
spoke to politicians and
opinion moulders. Excerpts.
Hon. Tom Zakari
(Special Adviser Security
and Boundary Matters).
To us as politicians, the
constitutional review is a
good omen. Let us not forget
the fact that the 1999
Constitution was hurriedly
fixed for Nigerians by the
military. There are a lot of
loopholes in the
constitution that needed to
be put right.
Today, there are many
political crisis arising
from the pitfalls of the
1999 constitution. The issue
of local government tenure,
immunity clause and cross
carpeting of politicians
from one party to the other
have undoubtedly generated a
lot of controversies
throughout the country.
The current effort to review
the Nigeria Constitution is
far beyond the issue of
creating new states. There
is the need to fashion out a
constitution that would be
acceptable to all Nigerians.
My appeal is that Nigerians
should join hands with both
the state and National
Assembly members to fashion
out a new constitution.
There is also the need to
put our democracy on the
right track and the only way
to do it is for the present
constitution to be reviewed
in accordance with the
wishes of the people of
Nigeria.
I also wish to appeal to you
journalists to always put
issues concerning the
constitution review in the
right perspective. I believe
that the job of putting a
brand new constitution in
the hands of Nigerians is a
collective responsibility.
We cannot afford to fail
this time around, Nigeria
must move forward.
Hon. Emmanuel Ogbe Omebije
(Member Kogi State House of
Assembly)
The review of the 1999
constitution is long
overdue. As a law maker, I
have discovered that there
are many lapses in the
present constitution that
needed to be amended.
Most of the electoral
problems we have today boils
down to some clauses in the
1999 Constitution. The
composition of our electoral
body has become one issue of
intense debate. While a lot
of people are calling for
the unbundling of the
current independent National
Electoral body, others are
saying the status quo should
remain . I believe the
review of the constitution
would put the matter to
rest.
There is also the issue of
immunity clause. A lot of
people would agree that the
clause was inserted in the
constitution to protect some
democratic offices from
unnecessary litigation. We
have also seen some
politicians hiding under the
clause to amass illegitimate
wealth. Be that as it may,
the current efforts towards
reviewing the constitution
would put the issue to rest.
There is no doubt that the
1999 constitution is not a
perfect document. Every
Constitution is a very vital
document to every given
nation. May be, because the
political class has never
considered it necessary to
work on the nation's
constitution for long, hence
the matter has become a
subject of intense debate.
We have spent roughly a
little above ten years in
the current political
dispensation. We have not
done bad, I think, to me, we
have fared well. I will
therefore advise Nigerians
to exercise restraint in
their contribution of ideas
towards the amendment of the
constitution.
No country in the world has
put up a perfect
constitution. Even some of
the developed democracies
have kept reviewing their
constitutions. Nigerians
must cooperate with the
lawmakers to ensure that the
current effort to review the
nation's constitution does
not fail.
Every genuine Nigerian today
desires the review of the
1999 constitution. The
reason is not far fetched.
The current constitution was
put in place by the
military. Civilians were not
given free opportunity to
make input. This of course
gave rise to many of the
flaws that are common place
in the 1999 constitution.
The current efforts being
made by the federal
government, the National
Assembly and the good people
of Nigeria to review the
constitution is a good one.
Take the issue of state
creation for instance, there
is no way a single state can
be created in Nigeria
without the amendment of the
constitution. Many states in
Nigeria are so large that a
spilt is required to
strengthen the spread of the
dividends of democracy to
the electorate.
The administration of the
local government needs to be
looked into in the current
effort to review the nations
constitution. The system of
local government
administration has become a
subject of controversy in
Nigeria. There are people
who believe it is an
appendage of the state
government, while other see
it as a third tier of
government. This is a very
serious matter that requires
the attention of the
lawmakers in the amendment
of the constitution.
If you read through the
newspapers, you will
discover that the tenure of
Local Government has become
a subject of litigation in
several states of the
federation. This is because
there are many ambiguities
on the tenure of council
administration. That portion
of the constitution
therefore needs a review to
put issues on proper
perspective.
There are many clauses in
the 1999 constitution that
needed to be expunged, while
there are many good ones
that should by the National
Assembly on the review of
the 1999 Constitution should
be retained. The current
effort being made be
supported by all Nigerians.
When a new and acceptable
constitution is put in
place, the nation's
democracy will be focused
and strengthened

Hon. Emmanuel Ogbe Omebije
(Member Kogi State House of
Assembly)