IS NEW CONSTITUTION THE SOLUTION TO OUR PROBLEMS IN NIGERIA?
•BY ‘TUNJI ABDULHAMEED ESQ
Recently, some prominent Nigerians, some Elder Statemen and some Concerned Nigerians have been in the forefront of birthing a New Constitution for Nigeria on the ground that the current 1999 Constitution in force is a product of Military Administration and that the 1999 Constitution has some lacuna, inadequate and outdated provisions which has hindered the expected positive development/growth and that a New Constitution would take us to the desire and expected positive development and growth.
While I admit that the 1999 Constitution is a product put in place by a Military Administration and that the said Constitution has some lacuna, inadequate and outdated provisions in it, I am of the firm believe that a New Constitution is not the solution to our problems.
I am also of the opinion that lack of respect for the provisions of the Constitution, impunity, arbitrariness and disregard for clear provisions of the Constitution by those saddled with the responsibility of implementing and enforcing the provisions of the Constitution are some of the reasons while we have not been able to achieve our expected developments and growths in Nigeria since 1999.
A New Constitution is not required to cure the notable lacunas, inadequacies and outdated provisions in the current Constitution and the 1999 is not the reason while we are where we are today.
More importantly, birthing a new Constitution was not envisaged in our current 1999 Constitution and may be a serious obstacle or clog in the quest for a New Constitution because there is no provision in the current 1999 Constitution on the modalities and procedures to arrive at a New Constitution. Thus, any step, law, policy or attempt to change or discard the 1999 Constitution via a new one is a clear breach of the Constitution and would be null and void.
Thus, the quest for a New Constitution seems impossible, in my opinion, because serious, genuine and fundamental question of legal frameworks relating to modalities and procedures for birthing a New Constitution would definitely come to play.
I am of the view that if 50% of the provisions of the 1999 Constitution, as it is currently with little amendments, is implemented and enforced with sincere mindset, attitude and without fair or favour, the expected positive development and growth would be achieved.
A New Constitution which is likely to be implemented and enforced by almost the same set of people, with the same attitude or mentality, the result will be same of the same.
A genuine amendments devoid of any ethnic, social, economy and political sentiments would be enough to cure some of the lacunas, inadequacies and outdated provisions in the 1999 Constitution.
