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  • Updated: December 02, 2020

Constitution Review: We Don't Have Power To Replace Laws - Senate

Constitution Review: We Don't Have Power To Replace Laws - S

The Chairman of the Senate ad-hoc Committee on Constitution Review Ovie-Omo-Agege has revealed that the lawmakers do not have the power to replace the constitution.

Making this revelation in a statement by Yomi Odunuga his media aide, the deputy senate president revealed that the only power vested on the Senate is amendment power.

READ ALSO:'Nigerian Constitution Doesn't Need Amendment, It Needs To Be Overhauled' - SAN

Making reference to the United State of America where Nigeria fashioned its system of government from, Omo-Agege said that the American democracy only engages in minimal amendments. 

Further citing Sections 8 and 9 of the 1999 Constitution (as amended), Omo-Agege who pointed out that provision was made for piecemeal amendments, asked Nigerians clamouring for a fresh constitution to focus on participating actively in the ongoing amendment of the constitution 

“One of the issues you raised is the replacement of the 1999 Constitution.

“I am not so sure that we as a Parliament have the power to replace the Constitution.

“We can only make amendments. And it is explicit in Sections 8 and 9 of the Constitution on how we can do that and the requisite number of votes required.

“I say that because there are some top attorneys in this country, who for some reason, keep saying that we don’t even need any of this, that we should just bring a new Constitution.

“We can’t do that. What we are mandated to do by law is to look at those provisions and bring them up-to-date with global best practices, especially to the extent that it tallies with the views of the majority of Nigerians.

“So we are not in a position to replace this Constitution but we can only amend.

“But, like I said, most of the issues you have raised here, like zones replacing states, that’s another euphemism for going back to the regions. We will look into that if that is what majority of our people want.

“You talked about devolution of powers. The preponderance of views we have received so far is that those 68 items are very wide and need to shed some weight and move them to the Concurrent Legislative List”.

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