Mike Ozekhome: One million amendments can’t cure weaknesses of 1999 constitution

Mike Ozekhome, a senior advocate of Nigeria (SAN), says “one million amendments” cannot cure the weakness of the 1999 constitution (as amended).

Ozekhome spoke on Monday during a national constitutional dialogue in honour of Ben Nwabueze, pioneer secretary-general of Ohanaeze Ndigbo, which took place in Lagos.

Nwabueze died in Anambra state on October 28, 2023 at the age of 92.

The dialogue titled: ‘Lawful Procedures For Actualising A People’s Constitution for Nigeria’, was organised by The Patriots, a pan-Nigerian group of eminent national leaders of thoughts.

In February, the senate set up a 45-member committee to review and amend the country’s constitution.

Also, the house of representatives inaugurated a 43-member constitution review committee.

In his keynote address, Ozekhome argued that a “fundamentally flawed” document like the 1999 constitution cannot be amended.

He averred that the current constitution was handed over to Nigerians by military leaders and that a new constitution should be created through a referendum.

“But will their (national assembly) work amount to what we are looking for? Is it just the amendment of the constitution that is our problem? Can you amend a bad document? Can you amend a fundamentally flawed document?” he asked.

“My humble answer is that you cannot. One million amendments, multiple by one million amendments of the present fundamentally flawed constitution, cannot cure the original sin.

“What is that original sin? It was imposed on you and I militarily by a military junta led by General Abdulsalami Abubakar and 28 members of the provisional ruling council.

“It was never subjected to the referendum of the people. Guess what? The present constitution was attached as a mere schedule to decree number 24 of 1999.

“So the constitution you are using is a mere schedule attached to a decree. How can you amend it? How do you cleanse it? Nigeria must own their own constitution through a popular referendum of the people.”

He added that a new constitution will make provisions for the creation of state police, stating that the argument for abuse of state police is not tenable.