1 week ago
21
From Jude Owuamanam, Jos
The former Executive Secretary of the National Council for Colleges of Education (NCCE), Prof. Peter Lassa, has called for a complete overhaul of the 1999 Constitution.
He said that the entire provisions of the 1999 Constitution are not promoting good governance and are 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 touch with Nigeria’s polity.
For instance, Prof. Lassa said that though the recent Supreme Court judgment 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 governance at the local level.
He said that even after the Supreme Court judgment, some states have continued to operate 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 Okpebholo asked councillors to impeach elected local government chairmen in clear contravention of the court ruling.
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 favour 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 State are clear examples of constitutional confusions.
“Governor Godwin Obaseki, in his second term as governor, did not allow the majority of elected members into the State House of Assembly and created a situation so that they could not be sworn into the house.
“For four years, the constitutional provision, courts, and INEC failed to resolve the situation so that the members could be in the house to represent their people.”
He said that a complete overhaul of the 1999 Constitution would 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 interpretations, and consistent in expression and wording. This constitution has failed in the clear demarcation of the powers of state governments, local governments, and the federal government.
“Nigeria operates a federal system with three tiers—federal, state, and local governments. Federalism is an ideology that favours 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 centre has become too powerful and non-functional, 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 states, 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 aspirations. 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.”
English (US) ·