Constitutional Hearings: SAN Explains Why 1963 Constitution Addresses Major Demands Across Nigeria

A Senior Advocate of Nigeria, Dr. Sonny Ajala, told THE WHISTLER that the demands by Nigerians at the recent zonal public hearings on the review of the 1999 Constitution, can be addressed if the country reverts to the 1963 constitution.

Recall that the Deputy Senate President, Ovie Omo-Agege, had on May 12 invited Nigerians to make input during the review between 26 to 27 of May.

Our correspondent gathered that issues of equal representation at the National Assembly, State Creation, Derivation, 1963 constitution and clamour for a new constitution dominated the discourse among stakeholders.

On his part, Ajala, SAN, contended that proposals at the hearings reflected people’s widespread dissatisfaction with the contents of the 1999 constitution.

He noted that majority of Nigerians were “left out” in the formation of the 1999 constitution.

“The public hearing slated for the six zones of Nigeria have taken place and going by news report from the different zonal hearings; a recurring outcome is broad discontent with the verifiable utility of the 1999 constitution to the citizenry.

“To that extent, there are agitations for re-visit to the 1963 Republican Constitution of Nigeria. Creation of additional States in the South East and ‘Gurara State out of present Kaduna State. Enhanced derivative principles of expropriated mineral resources. True/Fiscal Federation, Devolution of Power by exiting some items out of the Exclusive List to the Residual List or at least Concurrent List of the Constitution; for instance, Police and Policing Affairs…

“Considering that the key fault of the 1999 constitution is that it is inconsistent with the basic philosophy of constitution making; that is actual deliberations, consultation and consensus of the people that constitute the federating entity. Therefore, ‘WE THE PEOPLE… in the preamble of the military midwifed 1999 constitution is a fallacy,” he said on Saturday.

Consequently, he held that for the best outcome, the National Assembly should allow a referendum through which Nigerians will state what they want.

He also said that NASS should look at adopting new constitution that captures the will of the people or model the new document after the 1963 constitution, which according to him, addresses the issues raised during the hearings.

“Thus, for the constitution review exercise to enjoy the desired legitimacy and perhaps broad acceptance of majority of the indigenous people that constitute the ethnic bloc, States, the six zones of Nigeria; the National Assembly should propose a bill simplicity for constitution making and the said bill should provide for Referendum over the proposed new constitution. Upon the said bill being passed into law and assented to by the president; the real process of constitution making will commence.

“In a nutshell, new governance model for Nigeria preferably modeled after the 1963 constitution appears to be the light that will illuminate the path of Nigeria out of the present pervasive gloom,” he said.

SOUTH EAST

Across the two centres in Owerri, Imo and Enugu States , our correspondent observed that there were calls for additional states; at least, six states for the region.

Other representatives wanted a situation where all nationalities in Nigeria would come together and come up with an acceptable constitution that will guide them.

But some wanted a return to the 1963 constitution.

On its part, the Ohanaeze Ndigbo Worldwide had on Thursday, called for a restructured Nigeria.

“That is, a federal system of government and with it characteristics of decentralization and devolution of power among the federating units.”

SOUTH-SOUTH

Governors from the south-south emphasized on resource control, additional states for the region, among others.

On his part, Governor Ifeanyi Okowa of Delta State felt that a brand-new constitution was the way to go for the country.

SOUTH-WEST

Former Ogun State Governor, Olusegun Osoba, and Ondo State Governor, Mr Rotimi Akeredolu, believe that the 1963 Constitution is the best legal document that addresses the country’s contemporary challenges.

“Of course, I wish we can go back to the 19643 constitution, because at that time, we had the kind of Australian constitution where the provinces were virtually independent of the federal government. And at that time, the western region had its own Agent-General in the UK. The Sardauna of Sokoto didn’t bother about leaving the North to come to the centre and Azikiwe had to return to the East to become the premier of the Eastern region and each of the regions developed at their own [pace]. It would have been most beautiful to go back to the 1963 constitution which was negotiated over and over with many conferences before the independence in 1960,” Osoba had said.

Senator Remi Tinubu also told reporters that security and fiscal federalism were among the major concerns of the Yoruba land.

NORTH-WEST

At the Kaduna centre, the issue of Southern Kaduna becoming a separate state (Gurara State) from Kaduna North (New Kaduna State) was discussed and agreed upon by representatives of both sides, but on the basis of a referendum by residents.
Restructuring was also a topical issue.

For North-Central and North-East centres, stakeholders also backed restructuring.