Folake Solanke
The first female Senior Advocate of Nigeria, Chief Folake Solanke, on Thursday in Abuja that National Assembly members were representing themselves and not the interest of the people.
She also called for the reduction of the number of senators from 109 to 71, at two per state and one for the Federal Capital Territory, as well a leaner House of Representatives.
Solanke spoke in a paper titled, ‘The 1999 Constitution and the dilemma of a nation in search of restoration,’ during the 2010 Fellows’ Lecture and conferment of honorary fellowship of the Nigerian Institute of Advanced Legal Studies.
Also at the event, a Justice of the Supreme Court and Chairman of NIALS’ Governing Council, Justice Dahiru Musdapher, suggested the implementation of the Justice Muhammadu Uwais-led Electoral Reform Committee’s report.
Solanke faulted continuous breaches of the constitution by public officials, saying since these amounted to waging war against the people.
She said, “Legislators are only legislating for themselves. They have not passed the Freedom of Information Bill and the Minimum Wage Bill into law. Who will rescue us from our legislators?
“Let the truth be told: Nigeria is sick and needs all healing. All election riggers and public officers who embezzle funds must not go unpunished. Public officers forget that they are being paid to serve; they feel they are doing the people a favour.”
She lamented the “various violations and infractions on the constitution” by public officers, noting that “these constitute a dilemma to the nation.”
“I wonder whether these public officers read the constitution. For instance, during the illness of the late President Umaru Musa Yar’ Adua, the constitution was tortured and many things were done against the constitution. Where, for example in the constitution, is the doctrine of necessity made available? It is foreign and as such remains an unacceptable dilemma.
“The sovereignty of the constitution is the foundation on which government is built. But our public officers violate the constitution against the aspirations of the people. Such constitutional blunders are unfair. A breach of the constitution is an act of treason because it is tantamount to waging war against the people.”
She reminded judges that corruption in the judiciary was not acceptable and lamented that the 2007 elections were flawed.
Solanke, who also addressed the controversy over the amendment of the 1999 Constitution said it “requires presidential assent before becoming law and there should be no power game about it.
“The unnecessary controversy over the amendment is a national dilemma. The executive powers of the Federal Government should be reduced. A referendum should be held to determine some constitutional matters.”
Citing legal authorities such as a retired Justice of the Supreme Court, Justice Niki Tobi, she said, “Salvation lies squarely in the constitution and obedience to its provisions. One cannot assert how enduring the constitution would be. It is the beginning and end of the legal system, the alpha and omega. All the three arms of government must dance to the rhythm which the constitution sings.”
She, however, stated that reference had always been made to the courts to ensure that public officers kept to their respective oaths of office.
She advocated a reduction in the cost of governance, especially the salaries of members of the National Assembly. While criticising the N933m jumbo pay for legislators, she said it was unfortunate that the nation’s wealth had been concentrated in the hands of a few individuals.
Solanke defended the suit by the Nigerian Bar Association on the legislators’ jumbo pay.
In his speech, Musdapher said, “There is indeed a demand for electoral reforms and constitutional amendments which are aimed at ensuring the conduct of credible elections in Nigeria in 2011. For Nigeria to achieve the accolade of a true democratic nation, the present administration must adopt and initiate the urgent implementation of the Justice Muhammadu Uwais-led Electoral Reform Committee’s recommendations on electoral reforms, which, undoubtedly, most Nigerians believe is the definite way to credible elections in Nigeria.”
“Irrespective of the escalating challenges of political instability, ethno-religious disturbances and military interventions that overwhelmed our democratic voyage as a nation, Nigeria as a sovereign nation continues to remain unwavering in its passionate support and penchant for a democratic government than any other form of dictatorial and autocratic regimes.”
“It is my humble view that some provisions are too cumbersome to be implemented; I have not heard of any member of the National Assembly that has been recalled. The provision for School Certificate is very low; a high level of candidates’ education would revive the intellectual profile of the National Assembly, even though some of them have are intellectually vibrant.
“The low educational qualification of legislators is a disastrous dilemma. A mere School Certificate holder in the National Assembly may find it difficult to understand the provisions of the constitution under which they operate.
“Whenever I watch deliberations (of the National Assembly) on the television, I see more of unoccupied seats than occupied seats,” she said.
She suggested that the age limit for presidential candidates should be fixed at 45 years and that of governorship contenders at 40 years.
Source:http://www.punchng.com
No comments:
Post a Comment