It Is Too Late To Push For A New Constitution — Sen. Bamidele

*Says It Is A Recipe For Anarchy

Senator representing Ekiti Central and Chairman Senate Committee
on Judiciary, Human Rights and Legal Matters, Michael Opeyemi
Bamidele has said the expectation of a brand new Constitution is a
tall dream.

He made the declaration on Friday while speaking with newsmen at
the end of the two days national public hearing of the Senate
Committee on the Review of the Constitution held in Abuja.

Certain socio-political organisations have been in the vanguard
of the agitation for the process that would lead to a new
Constitution for the nation unlike the ongoing movement for the
amendment of the 1999 Constitution.

Legal icons, Chief Afe Babalola (SAN) and Wole Olanipekun, (SAN)
recently called for a return to the 1963 Constitution which they
noted allowed true Federalism and autonomy for the federating
regions.

Senator Bamidele who incidentally is the Chairman Southern
Senators Forum and a member of the Constitution Review Committee
argued that those canvassing for a brand new Constitution should
seek an amendment of Section 9 of the 1999 Constitution which he
submitted restrict the Parliament to only an amendment of the
document, not wholesale alterations.

He said:” There is a difference between what is and what ought
to be. What is, is what is governed by law, which is a possibility.
What ought to be, exists between the realm of morality, which is,
how it should be.

“If we are talking of what ought to be, it will be a question of
letting us get a new constitution. At this point, we can only do
what is, which is what the law permits, what the law makes
possible.”

“Nigerians who are calling for a brand new constitution are
doing so based on their own assumption of what ought to
happen.”

However, as a National Assembly, Section 9 of the 1999
constitution as altered, has addressed the issue and it doesn’t
leave any room for debate as to whether or not we need a new
constitution or not. The only thing that is possible under the law
as it is now, is piecemeal, gradual amendments to the various
provisions of the constitution. We cannot have a totally new
constitution because the law does not grant us the power to do
that.”

Senator Bamidele who suggested that a new Constitution was
possible through an Executive Bill or private bill further noted
that there was no such Bill before the Constitution Review
Committee.

“What Section 9 of the Constitution grants us the power to do is
an amendment to the existing provisions. However, part of the
amendment that can be made is an amendment to Section 9 which has
specified the mode of altering our constitution. If it can be
amended to provide for a referendum by Nigerians that would make it
possible for us to go for a new constitution, it is okay but we
have considered so many bills and we have concluded the national
public hearing and we would start the process of compilation.

However, no single bill from any quarter in Nigeria has proposed
an amendment to Section 9 of the constitution. It is the only means
by which the constitution can provide for a referendum that will
make it possible to have a brand new constitution. It is no longer
possible at this point to have a new constitution.

“Any Nigerian that wants a new constitution should bring a bill
which will have to go through all the process of constitutional
amendments. The bill will have to be passed in the two chambers of
the National Assembly, and following their concurrence, and the
constitution review committee will have to take it to
Nigerians.

We will debate it, pass it and send it to all the states Houses
of Assembly and we would need 4/5th which is 80 per cent of voters
in the Senate, House of Representatives and the Houses of Assembly
to pass an amendment to section 9 of the constitution before we can
begin the process of having a new constitution.

“So in the meantime, we have to do what the law permits at this
moment. Talking of a brand new constitution in Nigeria today is not
going to be a tea party. A new constitution is possible but we have
to amend section 9 for the process to be activated. We cannot
afford to do away with the current constitution because it would be
an invitation to anarchy. The only way a constitution could be
suspended is if there is a military coup that no one prays for.
Only the military can suspend the constitution.

The National Assembly of states houses of assembly or the courts
can say a constitution is suspended. Once that happens it means
there is a regime change and that the whole democratic process has
come to a halt. Those calling for a totally new constitution could
come up with a private member bill, or an executive bill or a bill
from civil society or professional bodies.

“Coming up with such a bill at this stage, however, cannot be
part of the process we have started and almost rounding off now
because we don’t have the mandate to jettison this constitution and
write a new one. Our mandate can be extended by Nigerians if they
so desire in ensuring that a bill is brought to the parliament to
ensure that section 9 is amended. “Anything short of that will be a
highway to nowhere.”

*Says It Is A Recipe For Anarchy

Senator representing Ekiti Central and Chairman Senate Committee
on Judiciary, Human Rights and Legal Matters, Michael Opeyemi
Bamidele has said the expectation of a brand new Constitution is a
tall dream.

He made the declaration on Friday while speaking with newsmen at
the end of the two days national public hearing of the Senate
Committee on the Review of the Constitution held in Abuja.

Certain socio-political organisations have been in the vanguard
of the agitation for the process that would lead to a new
Constitution for the nation unlike the ongoing movement for the
amendment of the 1999 Constitution.

Legal icons, Chief Afe Babalola (SAN) and Wole Olanipekun, (SAN)
recently called for a return to the 1963 Constitution which they
noted allowed true Federalism and autonomy for the federating
regions.

Senator Bamidele who incidentally is the Chairman Southern
Senators Forum and a member of the Constitution Review Committee
argued that those canvassing for a brand new Constitution should
seek an amendment of Section 9 of the 1999 Constitution which he
submitted restrict the Parliament to only an amendment of the
document, not wholesale alterations.

He said:” There is a difference between what is and what ought
to be. What is, is what is governed by law, which is a possibility.
What ought to be, exists between the realm of morality, which is,
how it should be.

“If we are talking of what ought to be, it will be a question of
letting us get a new constitution. At this point, we can only do
what is, which is what the law permits, what the law makes
possible.”

“Nigerians who are calling for a brand new constitution are
doing so based on their own assumption of what ought to
happen.”

However, as a National Assembly, Section 9 of the 1999
constitution as altered, has addressed the issue and it doesn’t
leave any room for debate as to whether or not we need a new
constitution or not. The only thing that is possible under the law
as it is now, is piecemeal, gradual amendments to the various
provisions of the constitution. We cannot have a totally new
constitution because the law does not grant us the power to do
that.”

Senator Bamidele who suggested that a new Constitution was
possible through an Executive Bill or private bill further noted
that there was no such Bill before the Constitution Review
Committee.

“What Section 9 of the Constitution grants us the power to do is
an amendment to the existing provisions. However, part of the
amendment that can be made is an amendment to Section 9 which has
specified the mode of altering our constitution. If it can be
amended to provide for a referendum by Nigerians that would make it
possible for us to go for a new constitution, it is okay but we
have considered so many bills and we have concluded the national
public hearing and we would start the process of compilation.

However, no single bill from any quarter in Nigeria has proposed
an amendment to Section 9 of the constitution. It is the only means
by which the constitution can provide for a referendum that will
make it possible to have a brand new constitution. It is no longer
possible at this point to have a new constitution.

“Any Nigerian that wants a new constitution should bring a bill
which will have to go through all the process of constitutional
amendments. The bill will have to be passed in the two chambers of
the National Assembly, and following their concurrence, and the
constitution review committee will have to take it to
Nigerians.

We will debate it, pass it and send it to all the states Houses
of Assembly and we would need 4/5th which is 80 per cent of voters
in the Senate, House of Representatives and the Houses of Assembly
to pass an amendment to section 9 of the constitution before we can
begin the process of having a new constitution.

“So in the meantime, we have to do what the law permits at this
moment. Talking of a brand new constitution in Nigeria today is not
going to be a tea party. A new constitution is possible but we have
to amend section 9 for the process to be activated. We cannot
afford to do away with the current constitution because it would be
an invitation to anarchy. The only way a constitution could be
suspended is if there is a military coup that no one prays for.
Only the military can suspend the constitution.

The National Assembly of states houses of assembly or the courts
can say a constitution is suspended. Once that happens it means
there is a regime change and that the whole democratic process has
come to a halt. Those calling for a totally new constitution could
come up with a private member bill, or an executive bill or a bill
from civil society or professional bodies.

“Coming up with such a bill at this stage, however, cannot be
part of the process we have started and almost rounding off now
because we don’t have the mandate to jettison this constitution and
write a new one. Our mandate can be extended by Nigerians if they
so desire in ensuring that a bill is brought to the parliament to
ensure that section 9 is amended. “Anything short of that will be a
highway to nowhere.”