ISSUES OF SERIOUS CONCERN: CALL FOR A NEW CONSTITUTION


Its quite evident that the relatively tagged Autochthonous constitution(home grown) has not being efficient enough to tackle the problems faced by the country it was made to govern.
It  can be said that amendment of the constitution is needless because the present constitution has a lot of flaws which are irreparable by an amendment.

To start with,  According to the history its evolution,  the operational 1999 Constitution, of Nigeria which was attached to the decree as an addendum, was never made by the people of Nigeria but rather by a tiny military cabal of about 28 members of the provisional ruling council (PRC) and it was given to Justice Niki tobi to the SCN to put together.
This shows that the constitution is not an home grown constitution and will never reflect the will of the people

Also, if the provisions of this constitution are to the applied strictly it will lead to absurdity that is why the court has taken the position to put some measures in place while interpreting the constitution, but notwithstanding since the duty of the judge is to state the law and not to give the law as stated in the case of Okagbe v. Egbe. Instances where the law is so clear on a particular issue the court is to state it the way it  appears even ought the application will lead to absurdity. There are cases where the application of our constitution has led to absurdity.

In the recent case of Adeleke
Where Justice Oladimeji held that the claims of the plaintiffs that Adeleke does not possess school certificate cannot disqualify him from contesting the election because the constitution does not state that a candidate for the office of the governor must possess a secondary school certificate.
Justice Oladimeji said the constitution only stipulated that the candidate must be educated up to secondary school level
The judge while striking out the case said that whether Adeleke obtained a certificate or not cannot be used to disqualify him from the race adding that the fact that he attended the school is enough for him to contest.

It is evident from this case that our constitution is not efficient, if jamb stipulates that one must have 5 credit before one can gain admission so what then is wrong with our constitution not to stipulate on clear terms the requirements for  contesting.
If one is to go by this decision, it implies that  people who lack the requisite knowledge for an examination can go into the exam hall and tick or put down scraps, and then be 'certified' to have attended school since the requirement is just to obtain the certificate.

Since the constitution to be amended is still chronically defective, even if amended  a million times, any amendment by whatever name called will never give us the constitution which emanates directly from the People.

From the forgoing its evident that 1999 Constitution was imposed on us and it is a rotten constitution which can never reflect the will of the people, and before a new constitution can emerge the structure of Nigeria must first be agreed before a new constitution can be developed along with the agreed structure.

ADETULA MICHAEL KOLADE_writes for Legal Kekenke ..✍🏿✍🏿✍🏿_

     ...making a statement.

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