The Nigerian Bar Association (NBA) has cast aspersion on the present constitutional review process saying it is chaotic, devoid of agenda or known methodology and that it lacks transparency.
The NBA president, Chief Okey Wali (SAN) who said this while inaugurating ‘’NBA committee on constitutional review and law reform’’ however called for referendum at the final stage of the exercise in order to give Nigerians a say in the amendment.
Wali said that the association didn’t want to have anything to do with the ongoing constitutional review exercise, but that it later reconsidered its stand.
However, he added that the NBA’s participation in the exercise would not guarantee legitimacy of the amendment if a referendum is not conducted to give Nigerians a say at the end of the day.
According to Wali, ‘’the NBA has some reservations about the ongoing process as it does not appear to be very orderly. There is no clear agenda or known methodology.
‘’Various government structures like the senate committee on the review, the House of Reps’ committee, the Justice Alfa Belgore’s Presidential committee (whose white paper is yet to be released), the committee forum and so on are all working towards the said amendment
‘’In fact, the House of Reps will be holding a public hearing session simultaneously in all the 360 federal constituencies in the country on Saturday November 10, 2012.
“Under the guidelines released at the weekend, each of the session in the 360 federal constituencies will be organized by an independent steering committee of stakeholders that include the member of the House representing the constituency who would be facilitators, members of the state house of assembly in the particular federal constituency, the local government within the constituency.
“A representative of the Nigerian labour congress, the trade union congress and NBA are also to be in attendance aside representative of several other stakeholders.
‘’Our first instinct was not to be a part of this because we did not think that a one day gathering in 360 constituencies could be productive towards reasonable amendment.
“We will continue to call for referendum, at the final stage of the process, thereby giving the average Nigerian a say in the amendment”, he said adding also that, “Only then could any legitimate claim be made to it being a constitution by we, the people of Nigeria”.
Wali said referendum is the ultimate consultation with the people of Nigeria, not a one day gathering in federal constituencies.
According to him, NBA is of the view that the 1999 constitution, as it is, cannot sustain the present democracy in the country, adding also that: “the 1999 constitution contains good provisions however, it also contain weak and obnoxious provisions and equally admits of several lacunae. Above all, the constitution has legitimacy burden”.
?
?
?