Only a total abandonment for a new document where all Nigerians would join in making its constitution will redeem the flaws in the polity caused by the faulty one currently in operation in the country, Mike Ozekhome, foremost constitutional lawyer, said on Monday.
Ozekhome Advocate of Nigeria (SAN), argued that left the way it is, not even a million amendments would transform it into a workable document that would serve the purpose of the people, because of its defects.
A guest of The Morning Show, a breakfast programme on ARISE NEWS television, argued that the current constitution, remained an “illegitimate document,” because it was not a product of the people, but that of the military, adding that the introduction – we the people – was fraudulent.
Hear him: “The issue is not about amending the constitution. I have said again and again that you cannot amend a bad document. A bad, illegitimate document that never proceeded from the people through a popular plebiscite or referendum can never be the product of the people.
“I have said it again and again, that even one million amendments to the present constitution cannot solve it. We are still talking about constitutional amendment when we should be talking about introducing a brand-new constitution that reflects our diversity as a nation, reflects our multi-religious linguistic inclination.”
Ozekhome, who dismissed ongoing constitutional amendments by the National Assembly, as a distraction, stressed that even a million changes would be meaningless unless Nigeria started afresh with a truly people-driven process, adding that a complete reset – what he described as a tabula rasa – similar to a symbolic cleansing, was the only way to go.
“What we need, is a total beginning, a fresh beginning, like from a tabula rasa, like Naaman the leper that dipped himself in River Jordan seven times and became cleansed of his leprosy.
“The present constitution, apart from its original sin, like that of Adam, of being a product of a military dictator, through the promulgation of the decree number 24 of 1999, apart from the fact that the constitution is actually a schedule attached to a decree, which therefore told a lie about itself in his preamble by saying ‘we the people’ of Nigeria do hereby make and give to ourselves the following constitution. Apart from that original sin, the present constitution, no matter the amendments, cannot take us forward.
“It cannot take us forward because one, it operates a unitary system of government. All the provisions, not a federal system of government. Two, it dispossesses the people of their economic, social, political, and cultural rights. Three, it is too heavy, on the side of wastages and leakages, which makes Nigeria today use about 70 per cent to 80 per cent of our national resources, to service recurrent expenditure and public debts, thus leaving only 20 per cent to 30 per cent for capital expenditure.
“No nation can grow like that. We are not going to grow like that. So, when we are talking about a constitution like this being amended, you are really pursuing shadows where you should pursue substance. What for example, are we doing with 109 senators and 360 House of Representative members? Do you know the senate has over 45 committees? Each committee is fully staffed with members, with employees.
“We have a system where one position has accretions up to 10. Thus, we have an SSA, Senior Special Assistant, after a Special Advisor, Senior Special Assistant, then Special Assistant, then Personal Assistant. Do you know how many ministries we are operating? Well over 40 ministries.”