From Godwin Tsa Abuja
A Senior Advocate of Nigeria (SAN), Oba Maduabuchi, has urged President Bola Tinubu not to concede to calls by a former secretary general of the Commonwealth, Emeka Anyaoku, and other elder statesmen to change the 1999 Constitution.
The Patriots, a group that comprises elder statesmen and distinguished professionals, led by Anyaoku had advocated a new constitution that would correct the glaring imperfections inherent in the 1999, which is presently in use.
The group equally argued that the 1999 constitution lacks the legitimacy that can only be conferred on a constitution democratically made by the people of Nigeria.
Anyaoku said a 109-member Constituent Assembly should be mandated to produce the draft constitution to be subjected to a referendum.
But Maduabuchi disagreed, arguing that the country does not need a new constitution when the old one has not been fully exhausted and can be amended where necessary.
He said there was nothing wrong with the existing constitution but everything wrong with its implementation.
“I don’t agree that we need a new constitution because there is nothing wrong with the present constitution. I am not one of those who speak because they want people to hear them.
“There’s nothing wrong with the 1999 constitution we have today, but there’s everything wrong with us in operating the constitution.
“The problem is not with the constitution, but there’s everything wrong with our public officers from the president down to the Local Government level.
“Our constitution covers the ground
but the problem is how we operate the constitution that we have. If there’s any aspect of the constitution that needs to be corrected or removed, it can always be amended by the National Assembly.
“Our biggest problem is that we have not done enough with the current constitution available to us. There is so much we can do. Every year or in every legislative agenda, they always introduce constitutional amendments and in more cases than one, we have seen where the constitution has been amended.”
However, the senior Lawyer said if any aspect of the constitution must be amended, it must be the provision that gives powers to State governors to appoint or nominate Judges at the state level.
He argued that such powers are negative impediments on the independence of the judiciary as well as the principles of checks and balances.
“In order to bring sanity and stability in the system of governance, such powers must be removed and donated to the National Judicial Council (NJC).
He equally advocated for a constitutional amendment that would curtail the powers of the state governors whom he described as being more powerful than the president.
The Chief Anyaoku’s led group is clamouring for “a new legitimate constitution that will give us a different governance system that can tackle more effectively the myriad challenges currently threatening the integrity of our country.
“In my view, the constitution should be made by a constituent assembly of democratically elected on non-political party basis of three each from the existing 36 states and one from the FCT.
“The draft constitution emanating from the constituent assembly should be subjected to a national referendum for approval,” Anyaoku submitted.