A Constitution is the Supreme Law of A Country/Entity. It establishes the bases for which such is governed.Section 1(1) Constitution of the Federal Republic of Nigeria 1999 states that:
This Constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of Nigeria.
If we agree that the Constitution is a Supreme and Binding Force, why is it disregarded? Who has the powers to enforce the Constitution?
Lets look at the recent breaches of 'Our Constitution'.
Section 68(1) Constitution of the Federal Republic of Nigeria 1999 states that:
A member of the Senate or of the House of Representatives shall vacate his seat in the House of which he is a member if -
Sub-section (g)
being a person whose election to the House was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected;
Provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored;
This provision is clear and with ambiguity. What however is not clear is who enforces it.
Section 68(2) Constitution of the Federal Republic of Nigeria 1999 states that:
The President of the Senate or the Speaker of the House of Representatives, as the case may be, shall give effect to the provisions of subsection (1) of this section, so however that the President of the Senate or the Speaker of the House of Representatives or a member shall first present evidence satisfactory to the House concerned that any of the provisions of that subsection has become applicable in respect of that member.
The question that arises is that where it is the Senate President or the Speaker that defaults the provision of the above mention Section of the Constitution, who enforces?
The only reason I feel Politicians disregard the Constitution is because they feel that nobody will hold them accountable.
Section 150(1) Constitution of the Federal Republic of Nigeria 1999 establishes the Office of the Attorney General of the Federation;
There shall be an Attorney-General of the Federation who shall be the Chief Law Officer of the Federation and a Minister of the Government of the Federation.
Another question is 'How Powerful is the Attorney General in enforcing the provisions of the Constitution?
On the 7th Schedule of the Constitution, we have the Oaths of Allegiance:
1, ………. Do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria and that I will preserve, protect and defend the Constitution of the Federal Republic of Nigeria
So help me God
What is the consequences of breaking the Oath of Allegiance?
The Preamble to the Constitution states:
We the people of the Federal Republic of Nigeria
Having firmly and solemnly resolve, to live in unity and harmony as one indivisible and indissoluble sovereign nation under God, dedicated to the promotion of inter-African solidarity, world peace, international co-operation and understanding
And to provide for a Constitution for the purpose of promoting the good government and welfare of all persons in our country, on the principles of freedom, equality and justice, and for the purpose of consolidating the unity of our people.
Please share your views on what you think 'We the people..' should do to protect our dear 'Constitution'.
