Nigeria Constitutional amendment: NBA View

The Nigerian Bar Association (NBA) yesterday said it supported the current effort by the National Assembly to review of the 1999 constitution, adding that more than anything else, the country needed amendment of some important aspects of the constitution in order to consolidate democracy.
The association, however, canvassed for "a piece-meal amendment", instead of what it called "a wholesale amendment" in which an existing constitution is totally jettisoned for a new one by successive regimes in the past.
Speaking with newsmen in Lagos, NBA President, Mr. Olisa Agbakoba, SAN who compared Nigeria with some of the world's renowned federations, said while colonial disengagement and military interruptions may be our excuses for having had six constituions ( 1960, 1963, 1979, 1989 (stillborn), 1995 (stillborn) and 1999) in just 47 years as a nation, the 1999 Constitution was a good framework for administration and consolidation of democracy, adding that what is needed was not to jettison it but continue to add to it in pursuit of federal and democratic objectives.
"The oldest federation, the United States, has had the same constitution for over 200 years and has made only 27 amendments to it. India has made 94 amendments to its constitution in 60 years.
However, Brazil has had seven constitutions since independence, Mexico six and Venezuela 26". "While some federations have maintained constitutional continuity, others have had breaks because of revolutions or military regimes. Colonial disengagement and military interruptions may be our excuses for having had 1960, 1963, 1979, 1989 (stillborn), 1995 (stillborn) and 1999 Constitutions"
"The existing Constitution is a good framework for administration and consolidation of democracy. What we need is not to throw it into a wastepaper basket but to continue to add to it in pursuit of our federal and democracy objectives," he said.
Agbakoba, who identified two crucial principles of constitutional amendment to include timing and approach, said, "under timing, we suggest that constitutional amendment in Nigeria should be an ongoing exercise. As soon as an issue identified as germane for constitutional amendment arises, the process of a new Amendment ought to be initiated at the National Assembly through a Bill. We feel that since the 1979 Constitution, it has become unnecessary to time constitutional reviews to a special resource and time unfriendly 'Constitutional Conference' of "Constituent Assembly".
"A constitutional foundation has been laid. We call for a legislative practice of 'Amend-As- You-Go' to constitutional amendment. On Approach, which has great linkage with Timing, NBA believes that piecemeal amendment is preferable to wholesale amendment in which an existing Constitution is totally jettisoned for a new one. The latter has been our practice".
The NBA president, however, proposed five key areas for immediate amendment which according to him are needed to be taken into consideration as part of the agenda for the proposed constitutional review of the 1999 Constitution in the interest of democracy consolidation
Agbakoba, who listed the five key areas to include sovereignty, supremacy, institutions consolidating democracy, institutions administering federalism and electoral reform, added that thought there may be other areas but these areas can be a good start in order to preserve democracy.
He said: "As rigid as it may be, the Constitution is evolutionary and dynamic to a great degree. Constitutional amendment, as the need arises, is part of the typical dynamism of constitutional order to meet the aspirations of a federation. Nigeria is presently at this crucial trajectory. NBA is of the view that the 1999 Constitution, as it is, cannot sustain our present democracy". "While we welcome the commitment of President Umaru Yar'Adua to Electoral Reform, we believe Constitutional Reform takes priority. The 1999 Constitution contains good provisions. It also contains both weak and obnoxious provisions and equally admits several lacunae. Above all the Constitution has legitimacy burden. But the big issue is whether all the aspirations of a people must be reflected in one feel swoop in their Constitution. We think not The standard practice in older and most contemporary democracies is that constitutional perfection is evolutionary."