Constitution amendment: Agbakoba writes NASS, lists contentious clause

Olisa Agbakoba, a Legal luminary, has advi s ed that a new subs ec t i on that provides a consequence by incorporating a declaration of invalidity clause be added to the 1999 Constitution to check the supremacy clause rendering inconsistent and void, any law that is contrary to the Constitution.

Agbakoba, a S enior Advocate of Nigeria (SAN), stated this in a letter to Deputy Senate President, Ovie OmoAgege at the weekend, noting that the proposed amendment was necessary because it will strengthen the sanctity of the constitution. According to him, “Amendment of Section 1 (1) of the constitution the so-called supremacy clause, provided at Chapter 1, part 1 of the constitution which provides as follows at section 1, thereof:

“This constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the

Federal Republic of Nigeria.

“The federal republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this constitution.

“If any other law is i n c ons i s tent with t he provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void.”

It also provides that

“This is the supremacy clause rendering inconsistent and void, any law that is contrary to the constitution. It is suggested that a new subsection (4) should be added, that provides a consequence by incorporating a declaration of Invalidity clause.

“A declaration of invalidity enables a Court of competent jurisdiction, upon proof of the inconsistent law to immediately declare it invalid without the rigors of a trial. This will strengthen the sanctity of the constitution”.

L-R: Oluwakayode Adigun, senior vice president, divisional head, service management and technology, First City Monument Bank Limited; Abimbola Okoya, West and Central Africa Area head of Corporate Affairs, British America Tobacco (BAT); Kayode Moriwawon, information and digital technology services manager for BAT West and Central Africa, and Abiola Laseinde, convener of the Chief Information Officers (CIO) award and chief executive officer, Edneisal Consulting Limited, at the maiden edition of the CIO Award Ceremony where BAT emerged the platinum award winner of the year in the Consumer Goods and Retail category of the award ceremony held in Lagos.