BEVERLY HILLS, April 11, (THEWILL) – Worried by the proliferation of versions and copies of the 1999 Constitution as amended in the country, the Senate has passed a unanimous resolution, seeking the withdrawal of the copies of different versions of the constitution in circulation.
It therefore directed its Committee on Judiciary, Human Rights and Legal Matters to liaise with the National Judicial Council, NJC, Office of the Attorney General of the Federation, and the Law Reform Commission to constitute a Law Review Committee to withdraw the different versions of the constitution in circulation.
The upper legislative chamber categorically called for “the printing and distribution of the authentic, consolidated Constitution of the Federation with the different alterations embedded where they belong to make the Constitution one whole document to guide the generality of the Nigerian populace and the international community”.
This resolution was sequel to a motion sponsored on Tuesday by Senator Chukwuka Utazi (PDP, Enugu North) on the need to harmonise the different versions and copies of the Constitution. While leading debate on the motion, he pointed out that the Constitution came into force on May 29, 1999 with eight chapters, 320 sections and seven schedules.
According to him, “the Constitution of any country is the ground norm for which all other laws, instruments and institutions derive their authority, legitimacy and powers. Since 1999, the Constitution has successfully gone through three alterations, in July 2010; November 2010 and March 2011 and in each case, amending various provisions to bring them in conformity with contemporary democratic practice and realities.
“These alterations are printed as separate provisions and there has not been an attempt to embed and graft them into the Constitution as one whole living document,” he stressed.
The lawmaker also expressed worry that “there are different versions of the original 1999 Constitution and of the three alterations, with various copies in circulation,” affirming that “the Constitution is the heart-beat of the nation and its provisions should not be subjected to the caprices of printers or allowed to have different words and structure.”
He further informed his colleagues that in some versions, Sections 84 ends with sub- section (6), while in other versions, the same Section 84 ends with sub-section (7) while the first alteration has provided for sub-section (8) of Section 84, adding that this could also be true of Section 66 (1) (h), which was deleted by Section 2 of the First Alteration Act, but which some versions of the Constitution still retain.
Utazi said, “There are many other mix-ups and this creates confusion for lawyers, judges, Law students, other practitioner, legislators at the various levels, those who consult our Constitution to determine the state of the law, and the general public.”
He therefore submitted that “the existence of various versions of the Constitution makes it an unreliable source of law, whittles down its forces as the fundamental authority for all laws in Nigeria and does not make for certainty of its provisions, dilutes its potency in the hierarchy of laws and makes it susceptible to misinterpretation by mischief makers who may want to take advantage of the situation.”
Ruling on the motion, the Senate President, Dr. Bukola Saraki mandated the Committee on Judiciary, Human Rights and Legal Matters to urgently liaise with relevant organs of the government in ensuring harmonisation of the different versions and copies of the Constitution in circulation into one authentic whole.
