1999 constitution, a devil’s craft -2

1999 constitution, a devil’s craft. For any meaningful progressive change, Nigeria needs 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 matter is satirically analogous to the fate of a man who is heading to the God’s paradise 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, this rider cannot abandon the devilish craft because there are no more vehicles heading his heavenly direction. Yet, 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, neither the Legislature, the Judiciary, nor the Executive can abandon or abrogate the current Nigeria constitution (or veritably, the current legal illegality), 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 first, people accepts this military constitution and then ratify such change. In a republic, these 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. Constitutional amendment to the current 1999 military constitution, 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; but not by the people is but an aberration. 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. The 1999 Nigeria constitution is but the fruit of poisonous tree. It is impossible for evil to beget good. If military dictatorship is an evilly, politically poisonous tree, how can this evil beget the good, the good of moral, ethical constitutional order? Military dictatorships in Nigeria were aberration, so were their decrees, edicts, promulgations, laws and constitutions regardless how these were constituted. The 1999 constitution is akin to a moral text authored by a criminal or by a morally bankrupt person or persons. Under a truly democratic rule, leaders of these juntas should be put to trial for treason. For Nigeria to emerge from its 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 that the 1999 military decree represents. 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’s unity should not be subjected 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, presidential and or legislative assents are not required for such people’s constitutional charter. The President, the legislators, the members of the judiciary, are but servants of the people, the Master, and receive their mandate from the people, the Master. It therefore would be illogical that the Master’s rules or decision, in this case the people's constitutional desire or charter would be subservient (subject) to the servants or to their signatories or approvals. Presidential and legislative assents to legitimate people’s constitutional charter are inconsequential and therefore not needed. The past, present and future confusion about constitutional matters, is that the corrupt 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 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. The Legislature’s power to make, amend the constitution, a statute is very inferior to the people’s power to sack in entirety the legislative body itself, repeal, abolish, void legislative statute. Any constitutional charter, amendment, draft 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, a people’s 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.