Posted by By CHIDI OBINECHE and SUSAN NWANGANGA AGWU on
Ahead of the inauguration of the joint committee of the National Assembly on review of the constitution, the Patriots, a foremost club of elder statesmen in Nigeria, has warned the National Assembly, and indeed, the Federal Government not to usurp the powers of the people in remaking the constitution.
Ahead of the inauguration of the joint committee of the National Assembly on review of the constitution, the Patriots, a foremost club of elder statesmen in Nigeria, has warned the National Assembly, and indeed, the Federal Government not to usurp the powers of the people in remaking the constitution.
In an eight-page document read to newsmen in Lagos on Wednesday, by the Chairman, Prof. Ben Nwabueze (SAN), the group reasoned that constitution review implied comprehensive and fundamental changes in the system of government and in the structure of power and relationships, and therefore, 'still remains with the people, just like the making of a completely new constitution."
The group said the distinction and its implication rest on convention recognised by most countries of the world and was accepted by the late Prime Minister of Nigeria, Alhaji Abubakar Tafawa Balewa in 1963.
They further advised the president and members of the National Assembly to concentrate on the mandate conferred on them to 'govern under and in accordance with the system of government and relationships established by the constitution, and to make, as may be necessary, such changes in the constitution not affecting the fundamental structures and principles of government."
They continued: 'It is a limited mandate, and is not meant to substitute the government for the people, as the repository of constituent power in the country.
'In any case, the fundamental, radical nature of the changes called for in the 1999 Constitution puts its review unquestionably beyond the power of the government. The National Assembly will do well to follow the principle in this matter, applied by Prime Minister, Sir Abubakar Tafawa Balewa in 1963, and allow the Nigerian people, for the first time in history, to make a constitution for themselves."
It cited the transition constitution in all but five of the countries of former French Africa and three of the four former Portuguese colonies as models to copy from, while accusing the 17 countries of former British Africa as being shackled by the British tradition of not recognising the people as a constituent power, with authority to adopt a constitution either directly in a referendum or though a constituent assembly specially elected and mandated on their behalf.
Lamenting the backwardness of Nigeria in the democratisation of the constitution in Africa, the group said it was laughable that the giant of Africa was being governed under a non-democratic constitution enacted for it by the military oligarchs, but which falsely proclaimed itself as having been made by the people.
They urged the National Assembly to pass into law 'the National Conference and Referendum Bill prepared by the Patriots in 2001, which would facilitate a national conference before the constitution amendment."
On the crises in the oil-rich Niger Delta region, they expressed concern over its escalation and urged government to apply restraints in its handling, advising against a declaration of ‘war' in the region.
'The Niger Delta militants are fighting for justice. War is an inappropriate response to the demand for justice. It only aggravates the injustice complained of, and arouses the aggrieved citizens to a deeper feeling of disaffection and alienation."