A Senior Advocate of Nigeria(SAN), Chief Robert Clarke, has said the country would continue to linger in her socio-political problems until there is a change of the current 1999 constitution which lacks certain elements of federalism.
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He said for over the years he has been practicing as a lawyer, the best constitution for Nigeria is the 1963 constitution.
He suggested that if a committee can be set up to look into the 1963 constitution and tinker with it in the light of modern developments, most of our problems as a country would be solved automatically.
Chief Clarke said the 1999 constitution has vested so much power on the president and governors, such that no one could hold them responsible for any misconduct or mismanagement of public funds while they are still in office.
“We call ourselves a Federal Republic of Nigeria, but is there any element in the constitution that makes it a federal republic? Every month, all the governors of the 36 states go to Abuja to collect (allocation) stipends and if the federal government gave them for instance, ecological fund and they decide to divert it for personal reasons, nobody may know because the funds are not appropriated.
“The constitution in section 5, aided this abnormality. For instance, it vested so much powers on both the executive president and the executive governors.
“Until a committee is set up to look at the 1963 constitution in the light of our modern development, the country may remain with current problems for a long time to come. The cost of governance is too much. We don’t need more than four or five regions with one House of Assembly because that is where all the money goes”
Chief Clarke stated this during a celebration of his 85th birthday and merger of two legal Chambers: Chief Robert Clarke SAN and Ade Oshodi Partners as a company in Lagos.
Reacting to question on the appointment of sitting judges as members of the Electoral Tribunals, the senior lawyer, who was unwilling to open up on past experiences retorted: “So far the judiciary is neither here or there. The problem of Nigeria is the people. However, federalism still remains the best option because our diversity is complex and corruption is our worst enemy and the people who dominate our public offices.
“There is need to look at the constitution as it pertains to appointment of judges. Today, if you are not a friend of the governor, you may not be appointed as a judge because the constitution has vested governors with the power to appoint judges.”
Also speaking on the occasion, Barrister Ade Oshodi, expressed his commitment to the legacy and legal journey bequeathed him by Chief Clarke. He also expressed his optimism that the judiciary would soon get over its current challenges, and still remains the last hope of the common man.
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