13062021 - Amid protest , Buhari vows:: i can die for Nigeria
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SUNDAY VANGUARD, JUNE 13, 2021, PAGE 19<br />
CONSTITUTION REVIEW:<br />
Row escalates as Afenifere,<br />
YCE, Tiv leaders, others<br />
challenge Senate<br />
By Dayo Johnson, Peter<br />
Duru, Ola Ajayi, Shina<br />
Abubakar and Rotimi<br />
Ojomoyela<br />
Secretary General of Afenifere, Chief<br />
Sola Ebiseni, has said the Senate,<br />
through its Deputy President, Omo-<br />
Agege, has vindicated the group’s position that<br />
the current step at amending the 1999<br />
Constitution is an exercise in futility.<br />
Others who joined issues with the Senate<br />
over the Constitution issue include Convener<br />
of YesWeFit Revolutionary Movement and<br />
<strong>for</strong>mer presidential aspirant, Thomas-Wilson<br />
Ikubese, Archbishop Ayo Ladigbolu, retired<br />
Methodist Archbishop of Ilesa and Ibadan, a<br />
<strong>for</strong>mer Minister of Transportation, Chief<br />
Ebenezer Babatope, a <strong>for</strong>mer Minister of<br />
Communication, Mr Adebayo Shittu, a<br />
<strong>for</strong>mer envoy to the Philippines, Ambassador<br />
Yemi Faroumbi, Secretary, Ekiti Council of<br />
Elders (ECE), Niyi Ajibulu, Secretary General<br />
of Yoruba Council of Elders (YCE), Dr Kunle<br />
Olajide, Afenifere Organising Secretary,<br />
Akogun Kole Omololu, Senior Elders Forum<br />
of the YCE and President General of Mzough<br />
U Tiv, MUT, Worldwide and Chairman of<br />
Leaders of Benue Ethnic Groups and Sociocultural<br />
Organizations, Chief Iorbee Ihagh.<br />
THE Senate had said it could not give<br />
<strong>Nigeria</strong> a brand new Constitution as<br />
demanded by some socio-political and<br />
cultural organisations in the country, saying<br />
the best it could do was to amend the existing<br />
one as it was currently doing.<br />
Deputy President of the Senate and<br />
Chairman, Committee on the Review of the<br />
1999 Constitution, Senator Ovie Omo- Agege<br />
(APC, Delta Central), who disclosed the Senate<br />
position, said though the Senate respects the<br />
opinion of those who want a new Constitution,<br />
a section of the document does not give the<br />
National Assembly the powers to produce a<br />
brand new Constitution.<br />
“Now, some of our compatriots have urged<br />
that rather than amend the Constitution, we<br />
should make a new Constitution altogether”,<br />
Omo-Agege stated.<br />
“We respect this opinion, and we believe it is<br />
a most desirable proposition.<br />
“However, we are conducting this exercise<br />
in accordance with the extant legal order,<br />
which is the 1999 Constitution. Specifically,<br />
Section 9 of the Constitution empowers the<br />
National Assembly to alter the provisions of<br />
the Constitution and prescribes the manner<br />
in which it is to be done.<br />
“Un<strong>for</strong>tunately, it does not make similar<br />
provision or provide mechanism <strong>for</strong> replacing<br />
or re-writing an entirely new Constitution.<br />
“To embark on any process without prior<br />
alteration of Section 9 of the Constitution to<br />
provide the mode through which an entirely<br />
new Constitution could be made will amount<br />
to gross violation of our oath of allegiance to<br />
the Constitution.<br />
“In other words, it will take a new<br />
constitutional amendment to be able to give<br />
<strong>Nigeria</strong>ns a most desired new Constitution. It<br />
would be unconstitutional to do otherwise.<br />
Omo-Agege spoke on the heels of the<br />
argument by the Southern and Middle Belt<br />
Forum (SMBLF) that the National Assembly<br />
was wasting its time amending the present<br />
Constitution, contending that what the country<br />
needs is a new Constitution written by the<br />
people.<br />
The Forum described the current attempt to<br />
amend the 1999 Constitution by the National<br />
Assembly as fraudulent.<br />
The leaders also warned that failure to<br />
restructure the country might<br />
lead to the <strong>Nigeria</strong>’s<br />
disintegration<br />
The SMBLF, which<br />
comprises the Pan Niger Delta<br />
Forum, PANDEF; the pan-<br />
Yoruba socio-political<br />
orgnisation, Afenifere;<br />
Ohanaeze Ndigbo and the<br />
Middle-Belt Forum, had met<br />
at the Ladi Kwali Hall of<br />
Sheraton Hotels and Towers<br />
in Abuja.<br />
“The meeting urges the<br />
Federal Government to heed<br />
the genuine and reasonable<br />
nationwide calls <strong>for</strong> a<br />
transparent National<br />
Dialogue, and take urgent<br />
steps towards restructuring<br />
and birthing a new<br />
constitution; to bring back<br />
equitable harmony to the<br />
country”, a communiqué<br />
issued at the end of the meeting<br />
said.<br />
“We insist that it is<br />
imperative to immediately<br />
restructure the country,<br />
considering the precarious<br />
prevailing atmosphere be<strong>for</strong>e<br />
any further elections”.<br />
But reacting to the Omo-Agege statement,<br />
Ebiseni said, “We are only amused that Senator<br />
Omo-Agege, a lawyer, would seek to trivialise<br />
such a serious national issue on the<br />
interpretation only of Section 9 of the<br />
Constitution on its amendment”.<br />
The Afenifere Secretary General went on:<br />
“Contrary to the wrong interpretation of the<br />
Section, an alteration of the Constitution or<br />
any statute or document could be by<br />
amendment, change or outright substitution.<br />
“Thus, in saner climes, the National<br />
Assembly could use existing documents,<br />
including the 1963 Constitution and the 2014<br />
National Conference report, and prepare a<br />
new draft Constitution altering the present<br />
Constitution by substitution and get the<br />
concurrence of the requisite number of state<br />
Houses of Assembly.<br />
“When India was confronted with a<br />
constitutional crisis in 1953, Prime Minister<br />
Jawaharlal Nehru appointed the States<br />
Reorganisation Commission which<br />
recommendations were submitted to<br />
parliament and reorganised India states along<br />
linguistic groups.<br />
“Our small western neighbour, Republic of<br />
Benin, under the elected government of<br />
President Mathew Kerekou, commissioned a<br />
National Conference in<br />
1990 which<br />
recommendations birthed<br />
a new Constitution of the<br />
people which has since<br />
endured.<br />
“In the <strong>Nigeria</strong>n<br />
I don’t expect<br />
them to give us a<br />
new Constitution<br />
because they<br />
themselves are<br />
products of a<br />
flawed,<br />
fraudulent<br />
Constitution<br />
un<strong>for</strong>tunate situation the<br />
Senate Deputy President,<br />
from Delta State, is only<br />
running away from the<br />
fact in the 1999<br />
Constitution, the National<br />
Assembly, dominated by<br />
the beneficiaries of the<br />
fraudulent Constitution,<br />
<strong>can</strong>not make any<br />
meaningful or<br />
fundamental changes.<br />
“The President, who is<br />
supposed to be the father<br />
of all, lacks the sagacity of<br />
a statesman.<br />
“He would rather<br />
dance to the tune of those<br />
who gave him 95% votes;<br />
he could not see why<br />
Bayelsa with eight local<br />
governments would have<br />
the same number of<br />
senators with Kano’s 44 as<br />
if the number to Bayelsa is<br />
all it deserves; he would rather teach Igbo<br />
youths the genocidal lessons their fathers and<br />
mothers were taught.<br />
“The National Assembly ought to know that<br />
the situation in <strong>Nigeria</strong> where government<br />
officials <strong>can</strong>not travel from Minna and Ilorin<br />
to Lokoja <strong>for</strong> zonal public hearing, <strong>for</strong> security<br />
reason, is beyond crass legalese’.<br />
Critical conditions<br />
On his part, Ikubese, Convener of YesWeFit<br />
Revolutionary Movement and <strong>for</strong>mer<br />
presidential aspirant, said he was shocked that<br />
the Senate was not disposed to a new<br />
Constitution, saying critical conditions<br />
require critical solutions.<br />
“I urge the Senate to put letters aside and<br />
act swiftly to save what is left of this country<br />
be<strong>for</strong>e it’s too late”, he said.<br />
“This is not the first time we’ve embarked<br />
on constitutional amendment through<br />
confabs. How did it all end?<br />
“This is why we shouldn’t travel the same<br />
old route that will leave us in the middle of<br />
nowhere.<br />
“All we need is the political will power to get<br />
it done and birth a brand new nation that we<br />
<strong>can</strong> all be proud of.<br />
“What we need now is a brand new<br />
Constitution, and not an amendment, that we<br />
know will not be implemented like previous<br />
ones.<br />
“The Senate has a golden opportunity to<br />
write their names in gold. They shouldn’t throw<br />
it away”.<br />
Unitary govt<br />
Archbishop Ayo Ladigbolu, in his<br />
submission, said since the process of the review<br />
has started, there is hardly anything anybody<br />
<strong>can</strong> do about it.<br />
His words: “Since the whole exercise has<br />
started, it will be difficult to discontinue. I’m<br />
sure members of the National Assembly are<br />
listening to the people by way of public<br />
hearing being held and also believe that it<br />
will provide adequate impetus <strong>for</strong> them to<br />
know what the people want.<br />
“So, instead of writing a fresh and new<br />
Constitution, they <strong>can</strong> amend the existing one<br />
as long as they listen to the people because<br />
they are the ones they are representing.<br />
“That’s the Constitution that devolves to the<br />
states and reduces the overwhelming powers<br />
which the FG has today so that we will no<br />
longer be a unitary government but become a<br />
true democracy.”<br />
New thing<br />
While contributing to the subject, Shittu, a<br />
<strong>for</strong>mer Minister of Communication, said the<br />
1999 Constitution doesn’t recognize any<br />
process of mischievous <strong>for</strong>mulation.<br />
“The Constitution provides <strong>for</strong> amendment.<br />
There is no justification <strong>for</strong> throwing away<br />
the current Constitution. There is no process,<br />
method recognized to bring about a new<br />
Constitution”, Shittu, a lawyer, said.<br />
“Those advocating <strong>for</strong> a new Constitution,<br />
what is the new thing they want to bring in<br />
which <strong>can</strong>not be brought in through an<br />
amendment once they <strong>can</strong> convince<br />
<strong>Nigeria</strong>ns and the National Assembly through<br />
their proposals?<br />
“It must go through the National Assembly,<br />
the only arm of government empowered to<br />
begin the process of amendment.<br />
“When it involves changing the whole<br />
Constitution, it is not only the National<br />
Assembly; it must involve the state Houses of<br />
Assembly.<br />
“It is then we <strong>can</strong> say this is the wish of the<br />
generality of all <strong>Nigeria</strong>ns. Anything other<br />
than that, those calling <strong>for</strong> a new Constitution<br />
are calling <strong>for</strong> the overthrow of governmental<br />
order. It’s not a matter of sentiment but a matter<br />
of law and constitutional processes must be<br />
followed”.<br />
Reconsidering position<br />
Babatope, a <strong>for</strong>mer Minister of<br />
Transportation, described the position of the<br />
Senate as very surprising.<br />
“I find it very interesting because the<br />
responsibility of running a country is that of<br />
the National Assembly and so the Senate<br />
should not turn down the request of <strong>Nigeria</strong>ns<br />
if they want a new Constitution”, Babatope<br />
said.<br />
“I think <strong>Nigeria</strong>ns should begin to mount<br />
pressure on individual lawmaker and the<br />
Senate collectively without any <strong>for</strong>m of<br />
violence to make them reconsider their<br />
position.<br />
“The Senate should do everything in it power<br />
to give the people what they want.<br />
“The Senate should realise that the people<br />
are agitating <strong>for</strong> a new Constitution because<br />
of the failure of the 1999 Constitution and it<br />
should also realise that it represents the people<br />
and, <strong>for</strong> that reason, should reconsider its<br />
stance on a new Constitution”.<br />
Law made <strong>for</strong> man<br />
Faroumbi, a <strong>for</strong>mer envoy to the Philippines,<br />
Ambassador, described the Deputy Senate<br />
President position as an indication that he<br />
lacked the capacity to lead the legislature.<br />
“What the Deputy Senate President said<br />
indicates the magnitude of mental poverty<br />
that is affecting our leadership”, he said.<br />
“For the Deputy Senate President to say that<br />
they are not in the position to give us a new<br />
Constitution unless we make an amendment<br />
to the 1999 Constitution indicates that the man<br />
lacks perspective of political situation since<br />
1999.<br />
“I hope he will go and find out what<br />
happened under Ken Nnamani. I hope he will<br />
Continues on page 20