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NBA faults Constitutional Ammendment Course

By on October 31, 2012

 

The Nigerian Bar association (NBA) has faulted the process implemented by the National Assembly to review the Constitution.

 

The NBA’s President, Chief OkeyWali (SAN), while inaugurating the NBA Committee on Constitutional Review and Law Reform and the NBA Rule of Law Action group committee in Abuja yesterday said, they have serious issues with the process adopted by National Assembly to review the constitution.

 

He said there is no clear agenda or known methodology in the ongoing process.

 

Besides, he said the November 10 public hearing session  scheduled to hold simultaneously in the 360 federal constituencies as proposed by the House of Representatives, cannot produce anything reasonable  to the amendment of the 1999 constitution.

 

“We have decided to attend but without prejudice to our reservations on the inadequacy of the process and on any attempt to any claim to legitimacy if Nigerians are not given the opportunities in the future to effectively participate in the amendment of the 1999 constitution.”

 

“We will continue to call for referendum, at the final stage of the process, thereby giving the average Nigerian a say in the amendment”, he said, adding also that, “Only then could any legitimate claim be made to it being a constitution by we, the people of Nigeria”.

 

 

According to him, NBA believes that the 1999 constitution, as it is, cannot sustain the present democracy in the country, “the 1999 constitution contains good provisions however, it also contain weak and obnoxious provisions and equally admits of several lacunae. Above all, the constitution has legitimacy burden.”

 

Wali said the NBA knows that putting in place an appropriate legal framework is a vital part of sustaining reforms and economic development and charged the committee to formulate new ones that will aid economic development as well as identify laws that have become outdated and formulate new ones that will aid economic development.

 

 

The Charles Edosomwan’s (SAN) led  twelve-member committee, is expected to look at the devolution of power, strengthening institutions that consolidate democracy, judicial and justice sector reforms, electoral systems reform, local government system reforms, state creation, federalism, socio-economic rights, regionalism, fiscal federalism and supremacy of the constitution.