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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

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