Ex NCCE scribe calls for complete overhaul of Nigeria’s constitution, says it has outlived its usefulness

By Kingsley Chukwuka

Former Executive Secretary of the National Council for Colleges of Education (NCCE), Prof Peter Lassa, has called for complete overhaul of the 1999 constitution.

He said that the entire provisions of the 1999 constitution are not promoting good governance and totally inconsistent with the realities of Nigeria’s continued existence as an independent nation.

Speaking at a press briefing at the NUJ Press Centre in Jos on Monday, Prof. Lassa said that some provisions of the constitution are incongruous and out of reality with Nigeria’s polity.

For instance, Prof Lassa said that though the recent Supreme Court judgement on local government autonomy had given local authorities financial independence, the 1999 constitution has not been amended to reflect this reality, leading to confusion in the government at local level.

He said that even after the Supreme Court judgement, some states have continued to operate the joint state and local government accounts, contrary to the ruling of the court, thus creating confusion

Prof. Lassa also alluded to the different interpretations of the 1999 constitution, especially in Edo State where Governor Monday Okpebholor asked councillors to impeach elected local government chairmen in clear contravention of the court ruling.

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He also cited the case of former Governor Godwin Obaseki who failed to inaugurate the full complement of the state assembly, opting to operate with few members for four years until his tenure elapsed.

According to him, “On the issue of, Local Government autonomy, recently the Supreme Court gave judgment in favor of the autonomy of Local governments, but the issue is that it is inconsistent with the provisions of the 1999 constitution as amended, especially Section 162(5).

“Our present Constitution with several amendments has created more confusion than correcting some lapses. These two examples from Edo States are clean examples of constitutional confusions.

“Governor Godwin Obaseki in his second term as Governor did not allow majority of elected members into the State House Assembly and created a situation so that they cannot be sworn into the house.

“For four years the constitutional provision, Courts and INEC failed to resolve the situation so that the members can be in house to represent their people.

He said that a complete tinkering of the 1999 constitution will remove all the inconsistencies in its operations, adding, “We need a brand-new Constitution of the People, by the People and for the People, which is well drafted, devoid of multiple interpretation, and Consistency in expression and wording. This Constitution has failed in clear demarcation of Power of State Governments and that of Local Government and that of Federal Government.

“Nigeria operates a federal system with three tiers – federal, state, and local Governments. Federalism is an ideology that favors a distinct territorial pattern of government, one that combines the centralization of some political powers and the decentralization of others. In the case of Nigeria, the center has become too powerful and nonfunctional as can be seen by the state of affairs of the country.

Prof Lassa also pointed out the inconsistencies in the operation of the security architecture in Nigeria, where, though governors are said to be chief security officers of their state, they cannot give orders to commissioners of police in their states.

The former NCCE scribe said that “the 1999 constitution as amended has not given Nigerians the Government that meets our aspiration. It has consistently given us terrible leadership. It has given us unimaginable poverty, it has given room for breeding insecurity, and we keep seeing new sects raising their heads, Boko haram, bandits, unknown gunmen, Fulani herdsmen, Lakurawa and others.

“Our educational system has been degraded especially with the staggering number of out of school children. This constitution has constantly aided corruption because the system has been rigged to produce the worst of the worst.”