Nigerians Demand New Constitution, Referendum, Others

A cross section of Nigerians at the day-two of the South West zonal public hearing on the review of the 1999 constitution have called for a new constitution for the country, saying that what is being amended cannot meet the needs for a 21st century society.

The participants at the Lagos hearing centre on Wednesday also called for the inclusion of referendum in the new constitution with a view to giving it legitimacy and residing power and sovereignty in the people.

Speakers who took turn to present their position papers in summary also called for the creation of more states to meet the yearnings and aspirations of the people, particularly in the South West.

Speaking on the need to discard the 1999 constitution and fashion a new law that reflects the will of the people, Barrister Dele Adesina (SAN) said the argument a new constitution is always advanced by those who profit from its vices at the expense of the people.

“The late constitutional Lawyer Chief Rotimi Williams SAN said on the 18th of June 1999 at a Seminar organized by the NBA Ikeja on the 1999 Constitution that “The 1999 Constitution is a document that tells lie against itself.”

“Prof. Itse Sagay SAN in his characteristics self was more categorical when he described the Constitution as a fraud, contending that the people of Federal Republic of Nigeria never gave to themselves or resolved to give to themselves the 1999 Constitution.

“Another foremost constitutional Lawyer, Prof. Ben Nwabueze SAN has described the Constitution as an illogicality contending that the 1999 Constitution is a unitary constitution for a Federal system of Government.

“It must be recalled that the 1999 Constitution of the Federal Republic of Nigeria was midwifed by the then Military Government of General Abdusallam Abubakar, GCFR, pursuant to the promulgation of the Constitution of the Federal Republic of Nigeria Decree No. 24 of 1999. The question is whether Decree No. 24 of 1999 can take the place of a referendum by the people in the making of a people’s Constitution recognising that the ultimate sovereignty lies with the people?

“I have said repeatedly based on the vices stated above and many others that the 1999 constitution lacks legitimacy and popular acceptability fundamentally because of the circumstances of its making and because of the several positions in it which are alien to all known principles of federalism.

“It is my humble view that the time to take the bull by the horn and drive a wholesale replacement of the 1999 Constitution through the instrumentality of an autonomous and independent body is now. Such body must emanate from the people.

“Like I stated earlier the ultimate sovereignty lies with the people. It is my contention that we have gotten to a point in Nigeria when we should subject the Nation to the sovereign will of the people by making a people driven Constitution”, Barrister Adesina argued.

Asked by the chairman of the subcommittee, Hon. Nkeiruka Onyejeocha as to how a new constitution can be possible in the face of current realities, he drew a comparison with South Africa, saying that they came up with a new constitution in 1996 and ran with it for more peace and inclusive governance and development

“Here, a committee can be set up to sit down and look the peculiarities of our nation using the existing constitution as a raw material for a new one.

With that, a provision for a referendum will be made to guarantee the will of the people prevails in the affairs of state.
Without the will of the people to direct the trajectory of state through referendum, then there’s no constitution. Power and sovereignty rest with the people, and they only express or exercise that through referendum, not election”, he argued .

On state creation, a speaker, Emmanuel Olaoye from Ekerin Ijaw of the Anglican Church in Oyo state called for the creation new Oyo state with a capital in Oyo town. He said the present composition of the state shows that its the biggest in land mass, as well as most populated in the South West.

“Oyo town has been the Federal capital of Yoruba land. It shares boundaries with nine different local government that we’re requesting to be made a state.

On behalf of the Yoruba Council of Elders, Otunba Niyi Ojelabu called for support for the Asaba declaration as made by Southern Governors in May due to unabated insecurity in the country.

He also believes that power should reside in the component states and local government.

“At least 65 percent of powers should devolve to the lower tiers of government leaving 35 percent in the centre.

“A referendum should be inbuilt into the constitution to enable citizens determine which way to go whenever the need arises.

“There should be local government autonomy. I was a local government chairman at a time, and I believe it should be made totally autonomous, because that’s where power should reside”, he said.

Former senator iyabo Anisulowo, from Ogun state also called for the creation of Yewa state out of the present Ogun state.

She also advocated for the immediate adoption of the 2014 CONFAB report and incorporate them into the ongoing constitution review.

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