We Need National Conference Not Constitution Amendment — Afe Babalola SAN

Founder of Afe Babalola University Ado-Ekiti (ABUAD), Aare Afe
Babalola has said the nation at the moment does not need an
amendment to the 1999 constitution but a national conference where
stakeholders would discuss and agreed on a new document for the
country.

The legal icon described the current process by the two chambers
of the national assembly to amend the constitution as an exercise
in futility, saying, ” there is no way the National Assembly can
amend the 1999 constitution to cure the inherent defects in the
1999 constitution.”

Babalola in a statement made available to Nigerian Tribune in
Ado-Ekiti, the Ekiti state capital on Wednesday and titled,
“Proposed Amendment to the 1999 constitution by the National
Assembly: a futile exercise’ said the constitution is an impediment
to the nation’s progress.”

He explained that the national assembly must summon the courage
to save the country from collapse by commencing immediately the
process of giving Nigerians a new federal constitution that would
lead to a parliamentary system of government like it was in
1963.

According to him, “The truth is that there is no way the
National Assembly can amend the 1999 constitution to cure the
inherent defects in the 1999 constitution. First, you cannot cure
fraud. Second, it is impossible, by way of amendment, to take away
the military system of government under the 1999 constitution or
the power and control of public funds by the President. Or can we,
by way of amendment, change the Judicial powers of the President
under the 1999 constitution?

“The root cause of our problems, which has brought Nigeria to
the brink of extinction, is the 1999 constitution foisted on it by
the Military when it was exiting the reign of governance in
1999.

The fact remains that you cannot amend a Coconut tree that has
no branches to become an Iroko tree that has branches. It is a
well-known fact that everything about the 1999 constitution is
wound around the Presidential system of government.

“Why then is the National Assembly afraid of calling a National
Constitutional Conference to fashion out a new true federal
constitution and come up with a Parliamentary system of government
like we had in 1963.

Alternatively, since the amendment in law includes substitution
for an existing document, why is it that the National Assembly
cannot call for a Public Hearing on the substitution of the 1999
constitution for the 1963 constitution which was made with the
consent of the people?

The proposed amendment to the 1999 constitution, whichever way
you look at it, is a futile exercise.

“We all know that previous sessions of National Assembly had
made laws to convene National Conference. I, therefore, advise that
the current National Assembly should call for a National Conference
to discuss and make a new true federal constitution which will
provide for a Parliamentary system of government.”

Founder of Afe Babalola University Ado-Ekiti (ABUAD), Aare Afe
Babalola has said the nation at the moment does not need an
amendment to the 1999 constitution but a national conference where
stakeholders would discuss and agreed on a new document for the
country.

The legal icon described the current process by the two chambers
of the national assembly to amend the constitution as an exercise
in futility, saying, ” there is no way the National Assembly can
amend the 1999 constitution to cure the inherent defects in the
1999 constitution.”

Babalola in a statement made available to Nigerian Tribune in
Ado-Ekiti, the Ekiti state capital on Wednesday and titled,
“Proposed Amendment to the 1999 constitution by the National
Assembly: a futile exercise’ said the constitution is an impediment
to the nation’s progress.”

He explained that the national assembly must summon the courage
to save the country from collapse by commencing immediately the
process of giving Nigerians a new federal constitution that would
lead to a parliamentary system of government like it was in
1963.

According to him, “The truth is that there is no way the
National Assembly can amend the 1999 constitution to cure the
inherent defects in the 1999 constitution. First, you cannot cure
fraud. Second, it is impossible, by way of amendment, to take away
the military system of government under the 1999 constitution or
the power and control of public funds by the President. Or can we,
by way of amendment, change the Judicial powers of the President
under the 1999 constitution?

“The root cause of our problems, which has brought Nigeria to
the brink of extinction, is the 1999 constitution foisted on it by
the Military when it was exiting the reign of governance in
1999.

The fact remains that you cannot amend a Coconut tree that has
no branches to become an Iroko tree that has branches. It is a
well-known fact that everything about the 1999 constitution is
wound around the Presidential system of government.

“Why then is the National Assembly afraid of calling a National
Constitutional Conference to fashion out a new true federal
constitution and come up with a Parliamentary system of government
like we had in 1963.

Alternatively, since the amendment in law includes substitution
for an existing document, why is it that the National Assembly
cannot call for a Public Hearing on the substitution of the 1999
constitution for the 1963 constitution which was made with the
consent of the people?

The proposed amendment to the 1999 constitution, whichever way
you look at it, is a futile exercise.

“We all know that previous sessions of National Assembly had
made laws to convene National Conference. I, therefore, advise that
the current National Assembly should call for a National Conference
to discuss and make a new true federal constitution which will
provide for a Parliamentary system of government.”