‘Restructuring Can Only Be through Constitution Review’

BY VICTOR BUORO, ABUJA – Agitations and calls for restructuring in Nigeria can only be actualized through alteration and amendment of the 1999 Constitution, Speaker of the House of Representatives, Hon. Yakubu Dogara, has said.
Speaking at a public hearing organised by the House Ad hoc Committee on the Review of the 1999 Constitution at the National Assembly, Dogara, also assured that the parliament will not constitute a stumbling block to the wishes and aspirations of Nigerians for genuine changes in the Constitution.

He explained that the process of amending the Constitution by the 8th House of Representatives is in phases and piece meal adding that it is a continuous exercise as envisaged under section 9 of the Constitution.
According to him; “Agitations for restructuring of the Governance framework for Nigeria can only be done through alterations of the Constitution. I wish to say, that the House of Representatives and indeed the National Assembly is ready to do its part in terms of amending the Constitution when consensus have been reached on any matter by stakeholders and Nigerian citizens.
“Furthermore, we note that the age limit for various offices currently contained in the Constitution is the minimum not maximum. The wisdom of raising the minimum ages for various offices should be appraised further to ensure that brilliant and exceptional persons are not shut out on grounds of age.”

The public hearing was organised to get stake holders’ input on “A Bill For An Act to Alter The Constitution Of The Federal Republic Of Nigeria, 1999 (As Amended) To Reflect The Proposals Initiated By The Judiciary (HB858) which was presented to the House by the Chief Justice of Nigeria, Justice W. S. N. Onnoghen and is said to be a consolidation of all the recommendations requiring Constitution alterations by Heads of Courts and Judicial Bodies. The primary purpose is to alter the provisions of the Constitution to effect some judicial reforms.
Dogara expressed satisfaction with the various recommendations that are geared towards reducing the time for litigation in our courts saying that every effort should be made to adopt and reflect them in the final amendments.

The Committee is also considering a Bill For An Act To Alter Section 291 of the Constitution Of The Federal Republic Of Nigeria 1999 (As Amended) To Provide For Uniform Mandatory Retirement Age of 70 Years For All Judicial Officers (HB 858), whose primary purpose is to alter the Constitution to provide for a Uniform Mandatory Retirement Age of 70 years for all Judicial officers.
The third bill seeks to alter Sections 243 and 254f of the Constitution to provide that except otherwise stated in the Constitution, Appeal shall lie from the decisions of the National Industrial Court to the Court of Appeal; and to remove the Repealed Criminal Procedure Code and the Repealed Criminal Procedure Act so that the current Act, the Administration of Criminal Justice Act 2015 shall apply to Criminal Proceedings in the Court (HB 863).
The Speaker argued that the amendments sought with respect to the National Industrial Court is very critical as the 3rd Alteration Act apparently created ambiguities in the law that has tasked the ingenuity of lawyers and the Courts over the years since it was introduced.
Dogara urged stakeholders to ensure that the purpose of entrenching the NIC as a superior Court of record with exclusive jurisdiction on labour related matters is not defeated so that the country don’t return to the days of uncertainty on labour matters.

He further stated that the 8th House of Representatives is faithful to the principles of separation of powers and checks and balances which is enshrined in our Constitution.