Col Nyiam retired has spoken on the amended 1999 Constitution which he faulted and described as illegitimate.
He disclosed this in a chat while speaking on the state of the nation considering the ongoing agitations by different ethnic nationalities across Nigeria.
He did not only fault the constitution but also faulted the process of the amendment.
Excerpt:
What is your assessment of the recent constitutional amendment by the National Assembly?
When it comes to making about 33 amendments in a constitution, it is not just a minor constitutional amendment; when it comes to that or the making of a new constitution, it is not the duty of the legislature to make the constitution or make such major amendments. This is the universal best practice and there is good reason for this. Politicians, by their nature are always concerned about the next election and they are also driven by their political parties.
So, when it is about making a major amendment of the constitution, it goes away from representative government to direct voting democracy . When it comes to questioning the constitution, they should go back to the people who are sovereign. That has been the practice since the French revolution. And the people will exercise their sovereignty through referendum which is called direct democracy.
My former colleagues in the military who have always described as politicians in uniform created constitution which gives advantages to their kinsfolk perpetually such that it was a constitution that you cannot change anything in it by the way it was so worded and they deliberately excluded a fundamental thing that makes a constitution legitimate; referendum. A constitution without provision for referendum is illegitimate. Any constitution not approved by the people may be legal but it is illegitimate.
So, it is actually out of place for members of the National Assembly to be embarking on that major constitutional amendment they are embarking on. That is the universal practice today. Even the constitution did not say it is their duty.
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