An open letter to Chief Justice Mariam Aloma Mukhtar

An open letter to Chief Justice Mariam Aloma Mukhtar

Chief Justice Mariam Aloma Mukhtar, do you agree that for any meaningful progressive change, Nigeria need a new beginning, a new rule of engagement, a new constitution?   
Nigeria with its current constitution is like a man hitchhiking to paradise in a devil’s space craft.
The current Nigeria constitution is satirically analogous to the fate of a man who is heading to the God’s paradiso but took a ride in the devil’s space craft. Now, by hitchhiking with the devil this man has not committed any sin. But for his heavenly arrival he must get off the devil’s vehicle. However, he cannot because there are no more vehicles heading his heavenly direction. However, if he continues with the devil’s ride he will not get to his destination because deviled craft would never go near the God’s domain.

Like the man hitchhiking with the devil, with the current Nigeria constitution (or veritably, the current legal illegality), neither the Legislature, the Judiciary, nor the Executive can abrogate it; because the current constitution, like the devil’s space craft, is from where these three arms of the government derive their power, authority and legitimacy. Without the current military constitution these arms of government are by themselves illegitimate and cannot function. These arms of the government cannot even correct, rectify, the 1999 constitution (the 1999 military decree) because in a republic they lack the power or people’s mandate to affect such constitutional changes except the people ratify such change. In a republic, the three arms of the government also cannot individually or collectively make a new constitution because they are but servants of the People, the Master. Servants do not make rules, laws for or over the Master.

With the current 1999 constitution, constitutional amendment to it, with or without the presidential assent is an ultra varies, an act in futility. So long as the current constitution is in itself a military construct, an amendment to it or a new constitution draft like onto it, not ratified by the people are but aberrations. In fact a presidential assent to any amendment to the 1999 constitution (or the 1999 military decree) or a new constitution draft not subject to the people’s ratification constitutes double illegalities, which does not equal legality.  Any court decision for or against the amendment to the 1999 military decree is a triple illegality which again do not equal legality, because again, the 1999 military decree is not a people’s constitution but the act of the military dictatorship. If military regimes are aberrations so are the laws and constitutional decrees put in place by these regimes.  Under a truly democratic rule, leaders of these juntas should be put to trial for treason.
To extricate self from the current constitutional mambo jumbo and save its reputation, the judiciary, the Supreme Court in particular must order a sovereign national conference. That is, if the Judiciary understands that it currently operates on a phantom constitutional nebula represented by the 1999 military decree. This is tricky but it is only way out from the post-military decree that Nigeria is current operating on. To escape the current constitutional quagmire, elders, clergies, leaders of the people, citizens from across the nation must convene a constitutional conference while the nation still rides on the current devils craft which is the 1999 military decree. The Nigeria sovereignty would not be subject to negotiations in any constitutional conference.

In a republic, sovereignty resides with people. And since a constitution or an amendment to it must be ratified by the 3/4 or 2/3 or the whole of the people, as the case may be, and or rarely by their delegated representatives, a presidential assent is not required for such constitutional amendment. The president is a servant to the people, the Master, and receives his/her mandate from the people, the Master. It therefore would be illogical that the Master’s rules or decision, in this case the people's ratified constitution amendment would be subservient (subject) to the servant or to his/her signatory or approval. Presidential assent to legitimate constitutional amendment to a truly people's constitution is inconsequential and therefore not needed.

The past, present and future confusion about constitutional amendment, is that most people neither know nor appreciate the difference between a constitution and a legislative statute. In a republic a constitution is the law of the land by the act of the people to whom sovereignty resides with; while a statute is the law of the land by the deliberative act of the subservient delegated legislature whose authority comes from the people. Statutes are repeal-able, voidable, nullify-able, suspend-able, postpone-able, by the legislature itself or by the courts, but constitutions are not, accept the Master, the people so chooses; or a dictatorship forcefully suspends the constitution, a treasonable offense. So the legislature has no power to amend or draft a new constitution except such amendment or draft is subject to ratification by the people.

Any constitutional amendment not expressly authorized and or ratified by the people is illegal, unconstitutional and an aberration, with or without presidential assent. Besides, the 1999 military act or decree is not in itself a republican constitution and can best be called legal illegality or constitutional aberration. To avoid a constitutional crisis that is inevitable with the military’s 1999 constitutional aberration, a sovereign national conference becomes imperative. 

Yes, for a legislative statute a presidential assent is required, since both the Legislature and the Presidency are the people’s (or the Master’s) delegates or servants who are also charged to act as check and balance to each another. But constitutional amendment is not an exclusive function for the legislature and must receive explicit assent of the people.

Mrs. Mariam Aloma Mukhtar do not entangle yourself , your professional  integrity with the unconstitutional amendment of the unconstitutional law, the 1999 military decree, order a new constitution, the people's constitution.