At UNIFEMGA lecture, ex-LASU VC, Fagbohun identifies 14 critical areas for amendments in Nigeria’s constitution

Mr Fagbohun, a Professor of Environmental Law and Senior Advocate of Nigeria (SAN) spoke on Sunday in Lagos as the keynote speaker at the 21st annual public lecture and luncheon by the state’s chapter of the Obafemi Awolowo University Muslim Graduates Association (UNIFEMGA).

The lecture with the theme: “Fundamentals of a New Nigeria: Harnessing the Opportunities,” was also organised in honour of two prominent members of the association- Habeeb Abiru and Yusuf Ali, who recently got elevated in their chosen careers.

While Mr Abiru, a judge, was elevated to the position of Justice of the Supreme Court of Nigeria, Mr Ali, a Senior Advocate of Nigeria, was recently appointed as a Professor of Legal Practice by the Federal University, Oye Ekiti, Ekiti State.

He queried how the constitution has been amended five times within the last 14 years but with these critical areas unable to scale through.

Suggested areas for amendments

According to Mr Fagbohun, the identified areas requiring alteration in the constitution are those that concern “devolution of power”, “removal of Land Use Act from the constitution”, “affirmative action for women”, “state creation and boundary adjustment”, “constitutional provisions to protect election of chairmen and councillors of local government to insulate them from governors”, “state police”, “restructuring of the federation”, “abrogation of immunity clause”, “tenure of office”, financial autonomy for the judiciary and local governments”, “revenue allocation”, “strengthening the independence of institutions”, “citizenship and indigeneity”, and “constitutional roles for traditional rulers”.

Mr Fagbohun said once these areas are properly addressed in the existing constitution, there is no point seeking another fresh document as the nation’s constitution.

He said a constitution is as important as its operationalisation, saying: “Whatever document that is in place will not succeed for as long as operators continue to prioritise self over the nation.”

He said: “While I fully agree with distinguished scholars, jurists, and other critics of the 1999 constitution that it could have been better designed to achieve a more appropriate balance of the federal structure, and more transparently provide for the values of democracy, I respectfully believe that the attack on the constitution which holds that it is not a document of the people has long been overtaken by events.

“To continue to tug at it will be a distraction from the real issues which I am convinced has more to do with operationalisation of the constitution. I say this for the simple fact that the 1999 constitution has been in use for close to 25 years. The Provisional Ruling Council that introduced it at the time represented the sovereign. Thus, even if it contravened established norms, that which otherwise is not lawful has been made lawful by necessity. Asserting the illegitimacy of the constitution on this basis at this stage therefore can be no more than for the historical purpose of revisiting our past and re-imagining our shared future.”

Mr Fagbohun urged the new administration of President Bola Tinubu to consider key areas for immediate intervention towards addressing the challenges of hunger, unemployment, insecurity, endemic corruption, and poor leadership across all sectors of the national economy.

The keynote speaker said beyond the challenge posed by the constitution are what he described as the betrayals of public office holders in the areas of violation of procurement rules and regulations for self-gain; utilisation of sub-standard construction materials; usage and production of sub-standard goods and products; outright stealing and mismanagement of funds allocated for the provision of social services and amenities; orchestrated killing of innocent citizens to gain relevance, power or to make the system ungovernable to maintain a corrupt status quo; appointment of unqualified and inept individuals to positions of authority; outdated rules that are creating opportunities for graft.