Amidst ongoing advocacy and review of the 1999 constitution as amended, a Senior Advocate of Nigeria, Mohammed Ndarani, has called on the National Assembly to carry out a total overhaul of the Constitution, urging that the review be made to reflect the views of the people.
The senior lawyer made the advocacy in Abuja on Friday at a press conference.
The learned silk hinged his submission on current developments in the country, arguing that the current constitution has gone through five amendments, saying we can do better.
He said: “My stand has always been to draft a totally new constitution, but if we must continue to tinker with the same document over and over again, it has to be thorough this time around.
“The truth, however, is that the constitution has to be fundamentally solid and take into account the special characteristics of the entity for which the document is being drafted.”
Ndarani particularly advised that the process must draw from the demographics, ethnicity, economic structure, peculiarities as well as many other current realities.
“There is, therefore, a great need for the National Assembly to make provision for a proper referendum prior to amendments to those critical areas of the constitution.
“This is what will give the said constitution or act the touch of the people, imbue it with much-needed legitimacy and bring the laws closer to the people and vice versa.
“Considering that the Zonal public hearings are already underway, the voice of the people should be heard to ensure a greater relevance and acceptability of the outcome.
“The world over, constitutions are amended to respond to socio-economic, cultural and political changes, so the amendment process must entail the mass participation of the people,’’ he said.
The senior lawyer said that no constitution is entirely good or completely bad, adding that it depends on the people who apply and implement the provisions.
“It must be transparent, credible, and rigorous enough to ensure that it is done in the interest of the people, and not to protect the personal interests of some individuals.
“In many instances, amendments are seen as a means of protecting vested interests as power blocs see the process as a political poker game, rather than a democratic rearrangement to benefit all.’
Ndarani noted that Nigeria is a state founded on the principles of democracy and social justice, emphasising that sovereignty belongs to the people.
He questioned the rational behind the removal of some submissions of the people by the National Assembly, especially the one calling for removal of the immunity clause.
“We are talking about fighting corruption at the highest places and they are refusing to allow debate on the removal of the immunity clause.
“Who told them to remove those submissions, was it the people? Removal of the immunity clause is part of what the people want.
“The people want to be able to hold their leaders accountable, and the removal of the immunity clause will help them gather evidence and prosecute erring leaders.
“They should allow whatever is the opinion of people on the people’s constitution to prevail.
“The review should result in a responsive and efficient constitution that will address structural, fundamental, and emerging issues within the Nigerian Federation.
“With the right constitution to guide the Nigerian nation, this country has the wherewithal to be one of the leading nations on earth,’’ he said.
While expressing readiness to align himself with the indigeneship bill tabled by the Deputy Speaker of the House of Representatives, Benjamin Kalu, bill to grant indigene status to individuals.