The need for constitutional amendment
The planned constitutional review by
the present administration commenced with the moving of a motion for same by the Senate Leader, Senator Teslim Folarin, on the floor of the Senate on Wednesday,April 16,2008.
From the speeches of the contributors to the motion, it seems the present National Assembly is not beginning today with the broken pieces of yesterday. History is about to be made in our country; this is so because it will be the first constitution that is truly made by civilians. All but the 1963 Republican Constitution have either been handed down by the colonial masters or military juntas.
In the words of Walton Hamilton: “The genius of constitutions, written or unwritten alike, lies in usage”. He goes further to say that all the provisions of a constitution may be printed in capital letters and red ink and yet be flagrantly violated, if the operators or rulers “rule more by passions, emotions, individual wills, and self-interest than by objective reasons and pursuit of generally beneficial common goals.”
In this connection, we need to ask this question: Are we reviewing the whole constitution or part(s) of it? Both require more than the National Assembly’s review committee since we operate a written / rigid constitution. The constitution embodies the fundamental principles governing the whole country; its formation, formal change or amendment should be the job of the representatives of the people of the country constituted into an assembly greater in power and authority than the ordinary legislature which passes ordinary laws. Success depends largely on how we handle our failure.
We should take a retrospective look at the composition of the defunct National Political Reform Committee and its recommendations. The review should not be woven round one individual or an allied selfish group of people.
Also, we should expend funds wisely on the project by avoiding another owambe review. National interest should be placed above personal interest. In this regard, bogus demands must not be made neither should unnecessary clauses be added to the new constitution.
All strata of the society are enjoined to embrace the amendment for if one is not involved today in creating tomorrow’s markets he is unlikely to find himself competing in them.
Adelani Olawuyi,
Obada (Odo-Oba),
Oyo State.
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