Chief Wole Olanipekun (SAN), a former President of the Nigerian Bar Association, has asked the National Assembly to stop making changes to the country’s 1999 Constitution.
The legal expert argued that Nigeria needed a new constitution that was made in Nigeria and truly reflected the will of all Nigerians and their uniqueness, not just another round of patchwork reform, according to The PUNCH.
He remarked, “For now, the National Assembly should not take any action on the current amendment or any other amendment to the 1999 Constitution.” This constitution needs a new name, a comprehensive revamp, and a new one entirely. It needs to be a negotiated document that will make a new social order possible.
Olanipekun gave the 13th Convocation Lecture at Afe Babalola University in Ado Ekiti yesterday. The theme of the lecture was “Nigeria Yesterday, Today, and Tomorrow: The Need for a Sober and Definitive Recalibration.”
He said that the 1999 Constitution, which he called a “military albatross” that was forced on Nigerians, was no longer relevant or valid.
The senior lawyer stated that since the 1999 Constitution was written and put into effect by the General Abdulsalami Abubakar military administration, he had been one of the first individuals to call for a constitution that would come from the people through public engagement and a referendum.
Olanipekun suggested that Nigeria take a break between now and 2031 to compile, review, and combine all of its prior constitutional efforts, such as the findings from the several restructuring conferences and committees, before writing a new text that everyone agrees on.
“Elections will still happen during the transition period, and the winners will serve their terms. However, everyone will know that Nigeria will have a new constitution, a new structure, and a new dawn on May 29, 2031.”
Olanipekun also talked of holding a nationwide referendum, which he called “a solemn act by which a people collectively speak in unison to decide matters of grave national importance.”
The legal expert, who claimed that referendums were not new to Nigeria’s political history, added that the people had an intrinsic right to decide how they wanted to be governed because Section 14(2)(a) of the current 1999 Constitution says that sovereignty belongs to the people.
He said that Nigeria’s federal structure should be changed so that the states, not the Federal Government, decide how the country is structured and governed.
He added, “The reality remains, and this fact stares us in the face, that the states seem to have lost their hold and gravitas on their traditional and constitutional jurisdiction and regions of influence with a federal government.
“People are still clamoring for the creation of more states, which is surprising but not surprising. It is contended that an increase of states does not lead to more prosperity; rather, it results in the weakening of the so-called federating units and the strengthening of the central authority.
The federating units must now assume care of Nigeria’s configuration, repair, and re-engineering for stability in all areas, including but not limited to security, constitutional architecture, and the form of government.
The referendum, not the National Assembly, will decide if Nigeria needs a National Assembly and, if so, whether it should be full-time or part-time; how long they should serve, how much they should be paid, and other things.
“This National Assembly can’t act at that referendum, because you can’t be a judge in your own case. He went on to say, “The federating units will decide how the suggested referendum will be held, what the rules will be, and what the parameters will be.”
The legal expert also said that he was worried about the absence of ideology among the country’s lawmakers and the fact that people were leaving one political party for another.
The senior advocate remarked, “To keep our democracy in check, we should be careful about the wave of people switching parties.” Sooner or later, it will cause their host political parties to implode and explode. Being a member of a political party shouldn’t be like going to a tea party or a picnic; it should be serious work.
“There should be loyalty to policies, ideas, programs, manifestos, philosophy, principles, and ideology.” That’s how things work in stable democracies around the world.
Olanipekun told Nigerian politicians to follow the example of President Bola Tinubu, who has kept his party in power even though he has been in opposition for years and built it up to win.
He stated, “Most politicians in Nigeria have been moving around and switching parties since 1999, save for him (Tinubu) and a few small minorities. They have also been easily and quickly divided, which is liberal of them.
“Even as the only opposition governor, he (Tinubu) stood up to the attack from the then-ruling party at the center, the Peoples Democratic Party, and has since stayed within the group known as ‘the progressives’ in Nigeria. A lot of other people have done things differently.
Olanipekun praised Tinubu for bringing back the old national anthem, saying that Nigeria needs to quit showing off people and work to make citizens.
He said that to bring the country’s different tribes and languages together, “we have to be deliberate, sober, and reflective and take steps that will lead to a recalibration of our country.”
Aare Afe Babalola (SAN), the Chancellor of ABUAD, praised Olanipekun for the “well-researched” convocation lecture, saying it was in line with his (Babalola’s) call for the country to have a new constitution to set the stage for its overall development and growth.
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