The Senate has said those insisting that the National Assembly should halt its current review of the 1999 Constitution and produce a brand new one, without amending its section 9, are calling for anarchy.
The red chamber said another way of achieving what they were clamouring for without the amendment to Section 9 is through a military intervention.
The Deputy President of the Senate who also doubles as the Chairman, Constitution Review Committee of the upper chamber, Ovie Omo-Agege, and the Chairman, Senate Committee on Judiciary, Human Rights and Legal Matters, Opeyemi Bamidele, stated this on Friday.
They spoke at the end of the two-day National Public Hearing organised by the Senate panel on the review of the 1999 Constitution, held in Abuja.
Several interest groups including the Abuja branch of the Nigeria Bar Association, and individuals like Chief Tom Ikimi and Mike Ozekhome.(SAN), had besieged the venue on Friday to insist on the production of a brand new constitution.
They argued before the panel that the current review would amount to a jamboree and sheer waste of taxpayer’s money if a new constitution was not produced for Nigeria.
The NBA Abuja, represented by Austin Otah, called for the total overhaul of the 1999 Constitution because it was promulgated by military decree 24 of 1999.
The lawyers also argued that the current constitution was not signed into law by the National Assembly or the President of the country.
They said the law was written by a select few persons without contributions from different representatives, organs and bodies.
They said the law was kept as a secret till after the inauguration in 1999.
“The current constitution is not a reflective of a true Federation as it does not provide for state constitutions to ensure a true federalism,” the lawyers added.
But Omo-Agege wondered why the lawyers failed to submit a bill to seek the amendment to Section 9 which talks about referendum to produce a brand new constitution.
He also said insisting on a new constitution at the moment without necessary amendment to section 9 would be an invitation to anarchy.
He said, “You are free to challenge our position in court but without amending section 9, the 1999 Constitution cannot be suspended.”
Another member of the panel, Bamidele said the process for amending Section 9 should have been initiated by the various interest groups canvassing a new constitution before now.
He said, “There is a different between what is and what ought to be. What is, is what is governed by law, which is a possibility. What ought to be, exists between the realm of morality, which is, how it should be.
“If we are talking of what ought to be, it will be a question of let us get a new constitution. At this point, we can only do what is, which is what the law permits, what the law makes possible.
“Nigerians who are calling for a brand new constitution are doing so based on their own assumption of what ought to happen. However, as a National Assembly?
“Section 9 of the 1999 constitution as altered, has addressed the issue and it doesn’t leave any room for debate as whether or not we need a new constitution or not.”
“The only thing that is possible under the law as it is now, is a piece meal, gradual amendments to the various provisions of the constitution.
He further said, “We cannot have a totally new constitution because the law does not grant us the power to do that. What Section 9 of the constitution grants us the power to do is amendment to the existing provisions.
“However, part of the amendment that can be made is an amendment to Section 9 which has specified the mode of altering our constitution.
“If it can be amended to provide for referendum by Nigerians that would make it possible for us to go for a new constitution, it is okay but we have considered so many bills and we have concluded the national public hearing and we would start the process of compilation.
“However, no single bill from any quarter in Nigeria has proposed an amendment to Section 9 of the constitution.
“It is the only means by which the constitution can provide for a referendum that will make it possible to have a brand new constitution. It is no longer possible at this point to have a new constitution.
“Any Nigerian that wants a new constitution should bring a bill which will have to go through all the process of constitution amendments.
‘‘The bill will have to be passed in the two chambers of the National Assembly, and following their concurrence, and the constitution review committee will have to take it to Nigerians.
“We will debate it, pass it and send it to all the states houses of assembly and we would need 4/5th which is 80 per cent of voters in the Senate, House of Representatives and the houses of assembly to pass an amendment to section 9 of the constitution before we can begin the process of having a new constitution.
“So in the mean time, we have to do what the law permits at this moment.
“Talking of a brand new constitution in Nigeria today is not going to be a tea party. A new constitution is possible but we have to amend section 9 for the process to be activated.
“We cannot afford to do away with the current constitution because it would be an invitation to anarchy.
“The only way a constitution could be suspended is if there is a military coup which no one pray for. Only the military can suspend the constitution.”
He added, “The National Assembly of states houses of assembly or the courts can say a constitution is suspended. Once that happens it means there is a regime change and that the whole democratic process has come to a halt.
“Those calling for a totally new constitution could come up with a private member bill, or an executive bill or a bill from civil society or professional bodies.
“Coming up with such a bill at this stage however, cannot be part of the process we have started and almost rounding off now because we don’t have the mandate to jettison this constitution and write a new one.
“Our mandate can be extended by Nigerians if they so desired in ensuring that a bill is brought to the parliament to ensure that section 9 is amended. Anything short of that will be a highway to nowhere.”
