1999 Constitution doesn’t provide mechanism for replacing or re-writing a new constitution
The possibilities of Nigeria producing a brand new Constitution is very slim, according to the for National Assembly
The Chairman of the Senate Committee on the Review of the 1999 Constitution, Ovie –, gave the hint in his welcome address at the National Public Hearing on the review of the Constitution in Abuja.
It will be recalled that many Nigerians and groups, including the Afenifere, Arewa Consultative Forum and Ohanaeze Ndigbo, have, at different times, advised the National Assembly to establish a process that would lead to the making of a new Constitution for the country.
However, Omo-Agege, while speaking, said while the agitations were germane, the 1999 Constitution (as amended) does not include a clause on how to produce a fresh document.
He said: “As we work towards an inclusive amendment process underpinned by the public good, free from manipulations by self-interested or partisan actors and not dominated by destructive or short-term motives, I encourage you all to make your inputs with candour and be guided, very importantly, by national interest.
“We are ready to listen closely to every view and reflect on every proposal and give due consideration to every contribution.
“Now, some of our compatriots have urged that rather than amend the Constitution, we should make a new one altogether.
“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 constitutional amendment to be able to give Nigerians a most desired new constitution. It would be unconstitutional to do otherwise.”
