The Nigerian Bar association (NBA) has expressed reservations about the process adopted by the National Assembly to review the Constitution.
President of the association, Okey Wali (SAN), who was speaking at the inauguration of the NBA Committee on Constitutional Review and law Reform and the NBA Rule of Law Action group committee in Abuja yesterday, said the bar is not comfortable with the process.
According to him, there is no clear agenda or known methodology in the ongoing process.
Wali noted that the one day public hearing session to be held simultaneously in the 360 federal constituencies on November 10, as proposed by the House of Representatives, cannot produce anything meaningful 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”.
Wali said referendum is the ultimate consultation with the people of Nigeria, not a one day gathering in federal constituencies.
According to him, NBA is of the view that the 1999 constitution, as it is, cannot sustain the present democracy in the country, adding also that: “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 NBA recognizes that achieving appropriate legal framework is an important component of sustaining reforms and economic development and charged the committee to, not only identify laws that have become outdated but to also formulate new ones that will aid economic development.
The 12 member committee, led by Charles Edosomwan (SAN) is expected to look at the federalism, supremacy of the constitution, devolution of power, strengthening institutions that consolidate democracy, judicial and justice sector reforms, electoral systems reform, local government system reforms, state creation, regionalism, fiscal federalism and socio-economic rights.
The committee will engage in strategic consultation with other actors in the judiciary.
