Nigeria needs new constitution, not amendment – Senior Lawyer

Nigerian Senate
Nigerian Senate

A Senior Advocate of Nigeria, Robert Clark, has called on the National Assembly to consider reviewing the provisions of Section 145 of the 1999 constitution to provide for a decisive action regarding the president’s state of health.

He also said what Nigeria needs is not an amendment of the current constitution but a new one.

Mr. Clark was speaking at a television program, Sunday politics, on Channels Television.

The senior lawyer said the popular concern regarding the medical vacation currently embarked upon by President Muhammadu Buhari, is not just a product of the president’s absence, but the effect of non-compliance with constitutional provisions, as well as a ‘lacuna’ in the constitution.

“The funny thing about Nigeria is that we never learn from our previous mistakes. During the case of Yar’adua when he was so sick that he could not come back, instead of going to the constitution and seeing what it says, we started talking about the doctrine of necessity. That doctrine should only apply to a cabinet system, not to the presidential system; where everything has already been spelt out in the constitution,” Mr. Clark said.

He added that although the constitution provides for the president to hand over power to the vice president, via a letter to the National Assembly, Section145 also states that unless the president issues another letter to the contrary, no one can do anything about the office of the president, until he returns.

“That section 145 says that unless the president himself sends a contrary statement; you cannot do anything; that is the lacuna. Buhari can stay till the end of his tenure; nothing will happen,” Mr. Clark said.

The senior lawyer who noted that the time for proper consideration of that section by the National Assembly is ‘now’, added that the current constitution needs to be completely changed and not amended.

“Amendments are only sponsored because it will help the senators’ parties, their regions or themselves. So you find out that many of these amendments are not necessary.

“What is necessary is that we all realise that the 1999 constitution was imposed on us and it is a rotten constitution. No amount of amendment will make it workable.

“The 1999 constitution is a rotten egg in Nigeria; it is a constitution that has allowed the public officers to enrich themselves. Whichever way it happens, we need to change the constitution, not to revive it,” he said.

Both the Senate and the House of Representatives ‎last week considered 33 amendments ‎to the Nigerian constitution. The approved amendments a‎re now to be sent to state houses of assembly.

Mr. Clark, however, called for the re-introduction of the 1963 constitution, describing it as the best constitution the country has ever had.

“The 1963 constitution is the best constitution Nigeria has ever had. All what we are talking about today that needs amendment; they are all in that constitution.”

He acknowledged the importance of a national confab in making a workable constitution for the country, but lamented the procedure adopted by the previous administration of former President Goodluck Jonathan in creating the 2014 national dialogue.

“Jonathan created the confab without a legal framework for the implementation of the recommendations of the constitution,” he said.

The senior lawyer noted the difficulty in creating a new constitution and alleged that the current public officials would not support the scrapping of the 1999 constitution.

He, however, expressed optimism about the president’s commitment towards national development and called on Mr. Buhari to “listen to the plight of the people” and create another confab that will result in the emergence of a new constitution.

“Let him listen to the people, let God direct him to act; the front burner in our national discuss is the talk about devolution, or restructuring. That is the front burner and nothing else.”


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  • emmanuel

    Saraki is a fraud. His late father was part of the intractable Nigeria jeopardy, then entered his Son. He thinks that his stolen wealth will insulate his generations from the implosion that would take place someday in Nigeria.
    That has blinded him from implementing some of the things he learnt when he was sent abroad to study with stolen monies.
    Let them do amendment to implement foolani agenda, the others would someday form very formidable resistance and they would loose out fully.
    Useless exercise.
    The Houses of Assembly will kill the amendments.
    Unfortunately, they added allocations to the State Assemblies as a first line charge budgetary insertion as an inducement to expedite passage of the fake amendments.
    The non-foolani states should note this and stare clare of the booby trap in the name of first lone charge, to mortgage their peoples future. After all, Legislative job is no more a forever thing in Nigeria, so no one should consider parochial sentiments to support the evil at hand.

  • SamPsalm

    Senior Advocate of Nigeria indeed. What Nigeria really needs is the total abrogation of this aberrant status called ‘Senior Advocates” Their advocacy stinks – always ready they seem, to undermine the idea of law and order. How does a lacuna arise when a Constitution has expressly empowered the Cabinet and the National Assembly to act when necessary to remove a President on various ground including incapacity due to health? How is a Constitution imposed upon us when it was based -almost word to word -on the 1979 Constitution drafted by the cream of the ‘Senior Advocates” including the First one, FRA Williams and the most acclaimed one in the constitutional law beat, Prof Ben Nwabueze? How do people not shut up after failing their nation over and over again with all the opportunities they have been given? In every country, members of the military are not regarded as aliens who cannot participate in civic life In Nigeria, failure of the political class aided and abetted by the Senior Advocates made Military Governments legitimate alternatives. They even then did not govern within a bubble of military practices and personnel, these same Senior Advocates were their props and their go-to-guys. Nigerians were more than glad to accept this Constitution to end military rule and usher in civilian administration. It was not imposed. It went through a legal process, the only one possible in a military government. And if we stop trying to make constitution-making an unending venture so as to sustain the constitutionpreneurial adventurists among us, we would realize what is obvious: the 1999 Constitution is more than add=equate to deliver a first class Nation named Nigeria. More than adequate .

  • Dazmillion

    Received a serious shock when I read the constitution and realized it was an Islamic document designed for the Hausa Fulani elite to circumvent all secular Law. Nigeria is a sitting time bomb.

  • thusspokez

    He also said what Nigeria needs is not an amendment of the current constitution but a new one.

    The Nigerian mentality: if you find the roof of your home leaking, don’t bother repairing it, bring in the bulldozers instead and destroy the whole house and then rebuild it. And what happens when the new house develops leaks too? Ditto, same solution as before, bulldoze everything and rebuild.

  • SB

    I hope it is not the type of constitution that grant immunity to these SINators and Legislathieves

  • Frank Bassey

    Confusionists. Let’s start from somewhere. Why no call for implementation of the last CONFAB Report?