Monday 31 July 2017

'Nigeria needs new constitution, not amendment'

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A Senior Advocate of Nigeria, Robert Clark, has called on the National Assembly to consider reviewing the provisions of Section 145 of the 1999 constitution to provide for a decisive action regarding the president’s state of health. 


He also said what Nigeria needs is not an amendment of the current constitution but a new one.
Mr. Clark was speaking at a television program, Sunday politics, on Channels Television.
The senior lawyer said the popular concern regarding the medical vacation currently embarked upon by President Muhammadu Buhari, is not just a product of the president’s absence, but the effect of non-compliance with constitutional provisions, as well as a ‘lacuna’ in the constitution.

“The funny thing about Nigeria is that we never learn from our previous mistakes. During the case of Yar’adua when he was so sick that he could not come back, instead of going to the constitution and seeing what it says, we started talking about the doctrine of necessity. That doctrine should only apply to a cabinet system, not to the presidential system; where everything has already been spelt out in the constitution,” Mr. Clark said.

He added that although the constitution provides for the president to hand over power to the vice president, via a letter to the National Assembly, Section145 also states that unless the president issues another letter to the contrary, no one can do anything about the office of the president, until he returns.
“That section 145 says that unless the president himself sends a contrary statement; you cannot do anything; that is the lacuna. Buhari can stay till the end of his tenure; nothing will happen,” Mr. Clark said.


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