Nigerian Lawyers Express Divided Opinions On Call For New Constitution

Nigerian lawyers are divided over the recent call by the Patriots group for President Bola Tinubu to draft a new Constitution for the country. The group, led by former Commonwealth Secretary-General Chief Emeka Anyaoku, made the request during a courtesy visit to the President on Friday. They urged the President to convene a national constituent assembly to draft a new Constitution.

Obioma Ezenwobodo, a past Chairman of the Garki Branch of the Nigerian Bar Association (NBA) in Abuja, supported the call, describing it as a positive step. He argued that the current 1999 Constitution is essentially a military decree falsely presented as being created by the people of Nigeria. Ezenwobodo criticized the existing Constitution for not reflecting the diverse expressions and intentions of the various segments of Nigeria, as it was imposed by the military rather than derived from the people’s resolutions.

“We need a new Constitution that will address existential challenges confronting us, including resource control, regionalism, referendum, citizenship, land tenure system, economic structure, security issues, and other related issues,” Ezenwobodo stated. He added that while there are issues with the operation of the current Constitution, a people’s Constitution would foster ownership and organic support.

Conversely, Dr. Samson Osagie, a legal practitioner and Vice President of the African Bar Association, argued that the country’s challenges stem not from inadequate legislation but from a lack of adherence to existing laws by both the people and leaders. “I think we should not devote our precious time to another round of Constitution making when the extant Constitution makes provisions for how it can be reviewed from time to time,” he said.

Dr. Osagie continued, “The calls should be for the nation to enforce, implement, and obey the laws and the Constitution. There is nothing wrong fundamentally with our laws, but there is a lot wrong with both the people and the government in implementing the laws and the Constitution.”

The Patriots, a group of eminent Nigerians, had urged the President to convene a national constituent assembly, composed of directly elected individuals from the 36 states of the federation and the FCT, to draft a people’s democratic Constitution. The group suggested that the assembly be assisted by seven constitutional lawyers representing each of the six geo-political zones and the FCT. Deliberations should consider the 1960/63 Constitutions, the recommendations of the 2014 National Conference, and other relevant national conferences.

Chief Anyaoku, speaking on behalf of the group, said, “The draft Constitution, produced by the constituent assembly, should be put to a national referendum and, if approved, should then be signed by the President as the genuine Nigerian people’s Constitution.”