http://www.vanguardngr.com/content/view/26619/42/

Constitution amendment unnecessary — Babangida E-mail
Written by Kunle Oyatomi, Deputy Editor & Emmanuel Aziken
Monday, 19 January 2009
Former Military President, General Ibrahim Babangida (rtd), has described the proposed amendment of the 1999 constitution as unnecessary, saying what is needed is continuous constitutional evolution.

He also argued that Nigerians were yet to put the present constitution into rigorous test in order to know its defects

However, the National Assembly Joint Committee on the Review of the Constitution (JCCR) has resolved to push through the first set of constitution amendments in the first quarter of 2010.

The committee which ended deliberations, Saturday, in a resolution at the end of its retreat in Minna, Niger State, nevertheless vowed to avoid divisive matters during the exercise.

Gen Babangida, who spoke with Vanguard in an exclusive interview at his Minna Hilltop home noted that constitution making was a continuous process that evolved over time through processes like court judgements and court pronouncements which resolved problems.

His words: “My take on this, frankly, is that an amendment to the constitution is unnecessary. You have a constitution that is less than 10 years old. One which you have not put into rigorous test by practice, to find out where things are going wrong.

“For instance, a lot of things have developed from court judgements, court pronouncements, which resolved problems. This should now form part of the constitutional document that will endure.

“Take America, for example, everyday they talk about something that has to do with abortion. So, if you are an abortionist, you will want the constitution amended, if you are pro-life, you want the constitution to guarantee your right. So, this thing continues until someday something happens and it becomes a constitutional provision,” he said.

The former Head of State, who was recently criticised for his comments on the coup in Guinea, lamented instances where election cases stay long at the tribunals, citing it as a defect of the constitution.

Constitution amendment next year —Senate

With the 2010 date given by the National Assembly Joint Committee on the Review of the Constitution (JCCR), the implication is that issues such as revenue allocation, derivation and states creation could be at abeyance.
Suggesting the focus of the Committee, the Deputy Senate President and Chairman of the JCCR Senator Ike Ekweremadu, hinted at a review of the electoral system prior to the 2011 general elections as the committee’s focus.

The deliberations ended Saturday with only Senators present as members of the House of Representatives for the second day avoided the deliberations of the Committee.

The committee in its deliberations resolved to prioritise issues for amendments only after a round of zonal hearings during which issues of interests to the citizenry would be collated. The decision, Vanguard gathered, was upon feelings of disenchantment by House members that Senators in the Committee were predetermined on certain issues.

The meeting presided by Senator Ekweremadu also resolved albeit, cautiously, to use consultants in the analysis of technical data gathered in the course of zonal hearings.

Senator Lee Maeba (PDP, Rivers Southeast) moved the motion on the zonal hearings and all committee members who spoke thereafter supported the move. A move by Senator Grace Bent (PDP, Adamawa South) to put the issue of gender equality as an immediate agenda for the Committee was set aside by most male committee members who responded to her.

Senator Ekweremadu in his comments prior to the end of the session said: “This marks the conclusion of our assignment. But there are some basic assumptions we have to look at. First of all, we have elections in 2011 and the thinking of most of us, I believe, is that Nigerians are worried about the electoral process and that means that there has become need for a reform ahead of the next elections. So that was why we were looking at probably getting through the first list of amendments by the first quarter of 2010.’’

In a vote on the issue, committee members unanimously resolved that the first quarter of 2010 be set as deadline for the articulation of the first amendment to the 1999 Constitution.

The communiqué read out by Senator Ekweremadu:

•That the review exercise of the 1999 Constitution is necessary and will be undertaken to address the yearnings of Nigerians with a view to amending some contentious provisions and introducing new ones, that will help deepen democracy in Nigeria. However, because of the sensitive nature and importance of the assignment, the Committee resolves to undertake the review on incremental basis;

•That the Committee will ensure wide-spread participation of Nigerians in the amendment and review process and that adequate publicity of the process in various Nigerian languages is carried out. Subsequently, the Committee resolves that members will visit their geo-political zones to receive memoranda and suggestions from the public;

•That the Committee will place emphasis on issues that unite the country rather than divisive matters; and

•That the Committee will conclude action on the first set of the amendment of the Constitution in the first quarter of 2010.

Only registered users can write comments.
Please login or register.

What the hell does constitutional evolution mean? What is he rambling on about? This man is still alive?

I can't beleive this!

I'm really surprised at the level of freedom this dude has to even comment on the Nigerian constitution.

@Poster, I am just as baffled as you are. That this man is still alive and free to roam amazes me.

Same ol' same ol' gibberish!

_{yawns and presses control W}

this man still believes that somehow he can sneak into aso rock

well lets see, time will tell

Forgetting the fact that it is IBB for a sec and how annoying it is yada yada, although certain areas of the constitution fundamentally need changing for sure, it will all result to nothing if law enforcement isn't enshrined and hence the "testing" of the constituion. Blaming the woes of Nigeria on the constitution is a tad cowardly considering that there are laws against stealing etc, yet these laws are not enforced when it comes to highly placed public holders. So who do we blame for that? Law enforcement or the constitution? Yes the constitution has areas that definately need to be addresed (e.g. the public secret act which is the anthesis to the freedom of information bill) but are we not letting the judiciary off too easily?

Sky Blue:

Forgetting the fact that it is IBB for a sec and how annoying it is yada yada, although certain areas of the constitution fundamentally need changing for sure, it will all result to nothing if law enforcement isn't enshrined and hence the "testing" of the constituion. Blaming the woes of Nigeria on the constitution is a tad cowardly considering that there are laws against stealing etc, yet these laws are not enforced when it comes to highly placed public holders. So who do we blame for that? Law enforcement or the constitution? Yes the constitution has areas that definately need to be addresed (e.g. the public secret act which is the anthesis to the freedom of information bill) but are we not letting the judiciary off too easily?

Precisely! we have thousands of laws already that, if enforced, could radically change that country in so many ways. Many of these laws already take care of essentially 98% of our needs in that country but we are seriously lacking in the area of enforcement, and so I see no reason why modifying the constitution is going to better that nation.
Another huge reason I am against it is because that will cost us millions, millions we would rather not spare at this moment. We have more pressing needs and so I see no reason why anyone would want to give over millions of our money to the same old idiots just so we can claim we modified the constitution yet again.

Why should a person like babaginda be given audience at all?That guy is a criminal on the loose and the rightful place for criminals like him is the gallows.

Why can't there be rule of law in nigeria?

Don't be stupid!
Don't you know that the destiny of the next president relies on the current president? We've been informed many times by IBB, himself that Yaradua is like a brother to him. Does it make sense for one brother to pull the other one up?
Mark it down with a permanent marker "the possibility of the next president of Nigeria to be IBB is greater than ever".
He's bright, he has the stamina, the respect and the wisdom to quickly turn thing around positively.

Time will tell.

Dungeon,another name for nigeria.

The biggest problem for Nigeria is the rule of law is something that someone somewhere did. It only exists on paper and on our tongues in Nigeria. It doesn't seem to be practiced by ANYONE in power or authority.

Might as well be pissing in the wind and yelling "rule of law!!!"

I don't like to spend much time reading what IBB says cos I know he belongs to the past, he will not rule Nigeria no matter how he tries. I am not God but I do know the difference between Military coup and rigging elections. The only way IBB can come back to power is through a coup which I dont see happening. Apart from that I dont see how IBB becomes President through the ballot. Rigging or no rigging.


On the issue of constitutional amendment, I dont see the need for wholistic constitutional ammendment when there are loads of areas in the constitution that is yet to be implemented.

Besides that our NASS as it is constituted is not ready to do anything, think of it, what is more secular than FOI Bill. This NASS assembly is yet to pass it into law. I also think this whole support by the Presidency for constitutional ammendment is a bit dodgy, it makes me wonder whether someone is trying to purchase popularity on the cheap while behind the scenes pulling some structural strings that ensures the process fails.

Think of it, once upon a time the President is for FOI bill, the next time he is for removal of immunity clause, now it is constitutional ammendment. None has been achieved and non will be achieved.

Yar'adua should cut down his 7point agenda to 1. Which is our next election should be close to being fair, right now most Nigerians are just sitting and waiting him out.

Big B1:

Don't be stupid!
Don't you know that the destiny of the next president relies on the current president? We've been informed many times by IBB, himself that Yaradua is like a brother to him. Does it make sense for one brother to pull the other one up?
Mark it down with a permanent marker "the possibility of the next president of Nigeria to be IBB is greater than ever".
He's bright, he has the stamina, the respect and the wisdom to quickly turn thing around positively.

Time will tell.

If you hold a referendum on "who has respect for IBB" what percentage of the population of Nigeria do you think will be on the 'respecting' side?
The possibility of IBB being next president is greater now than ever? Do you mean gaining power by a democratically held election or by a coup? Talk about forcing one's self on someone who is not interested? The equivalent of a rape on democracy. How many times do the people have to say they don't want?

McKren:

Yar'adua should cut down his 7point agenda to 1.

The funniest and at the same time sensible point I've ever seen in nairaland politic's section.

McKren:

I don't like to spend much time reading what IBB says cos I know he belongs to the past, he will not rule Nigeria no matter how he tries. I am not God but I do know the difference between Military coup and rigging elections. The only way IBB can come back to power is through a coup which I dont see happening. Apart from that I dont see how IBB becomes President through the ballot. Rigging or no rigging.


On the issue of constitutional amendment, I dont see the need for wholistic constitutional ammendment when there are loads of areas in the constitution that is yet to be implemented.

Besides that our NASS as it is constituted is not ready to do anything, think of it, what is more secular than FOI Bill. This NASS assembly is yet to pass it into law. I also think this whole support by the Presidency for constitutional ammendment is a bit dodgy, it makes me wonder whether someone is trying to purchase popularity on the cheap while behind the scenes pulling some structural strings that ensures the process fails.

Think of it, once upon a time the President is for FOI bill, the next time he is for removal of immunity clause, now it is constitutional ammendment. None has been achieved and non will be achieved.

Yar'adua should cut down his 7point agenda to 1. Which is our next election should be close to being fair, right now most Nigerians are just sitting and waiting him out.

My sentiments exactly