Another search for a people’s constitution
Past efforts at constitutional review largely failed. Against this backdrop, the Senate has inaugurated a committee to have another go. What are its chances and what areas should it focus on? Legal Editorhe search for a people’s constitution inched forward on January 30, when Senate President Ahmad LawanThe committee, with all principal officers as members, also has a senator from each state, and two senators selected to represent each geo-political zone.
Inaugurating the committee, Lawan said: “There are several issues that Nigerians feel strongly about. “The Constitution Review Committee is supposed to be a platform where such issues will be brought, and where those who are interested should ensure that they make every possible effort, including presentations for their views to be considered.
In that exercise, then Deputy Senate President Haruna Abubakar and the Deputy Speaker of the House Chibudom Nwuche were named co-chairs of the National Assembly Joint Committee on Constitution Review .The committee is expected to consider national issues including restructuring, true federalism, state police, revenue sharing formula and resource control, among others that have dominated public discourses in recent years.
He said: “This committee will consider the recommendations of the 2014 constitutional conference and the Governor Nasir el-Rufai-led committee on restructuring. In addition to the provision of Section 1 which prohibits unconstitutional take-over of government, there may be a provision for sanctions for unconstitutional take-over of government. It shall be the unalterable and inalienable right of Nigerians to sanction violators of the constitutional order.”Another area Agbakoba advised the committee to focus on is what he called “Institutions Consolidating Democracy”.
‘Section 153 of the Constitution falls far short of the requirement. It will be important to alter Section 153 and a good example will be Chapter 9 of the South African Constitution which provides for “State Institutions Supporting Constitutional Democracy”. “The issue of autonomy of the Local government system is vital, on the basis of the principle of subsidiarity.
He said: “From our electoral jurisprudence, if you look at these 14 days within which you have to file you complaints, it has knocked out so many viable petitions and so many viable claims. We need to review them in our electoral laws. “The next is the cost of running our democracy, why do we have full time Senators, full time members of the House of Representatives, why can’t they be part time, how can we reduce their overall cost?
“We need to have a total rejig of our system if Federal Government cannot give C of O, let them cede that power totally to Lagos State Government and if Lagos cannot do that let it cede the power to Federal Government.
He said: “It is my hope that the next amendment should correct the wrong on the justiciability or otherwise of the Chapter 2 of the Constitution mentioned above, better still, I foresee a situation where the Supreme Court under the dynamism of our jurisprudence do the needful by ensuring the justiciability of Chapter 2 which guards the fundamental objectives of state principles.
“It is, however, important to point attention to the fact that immunity is a fundamental and innate power of a sovereign which right is inalienable whether it is in the papers or not.
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