National Assembly Partners Judiciary on Constitutional Review
Sunday Okobi
The National Assembly Joint Committee on the Review of the 1999 Constitution in partnership with the judiciary has set in motion processes to strengthen the independence of the judiciary, shield it from political pressure, and ensure that decisions made promote the common good of Nigerians.
The National Assembly also expressed the necessity to join hands with the judicial arm of government to enhance citizens’ access to justice, among many others.
The Deputy Speaker of the House of Representatives, Benjamin Kalu, disclosed this at the on-going two-day retreat by members of the Senate and House of Representatives Committee on the Review of the 1999 Constitution and Speakers of the state Houses of Assembly, as well as members of the judiciary which took place in Lagos yesterday.
In his opening address, Kalu noted that the sectoral engagement was also intended to improve citizens’ access to justice and enhance public trust in the judiciary; expand the jurisdiction of certain courts to address contemporary challenges; clarify the powers and jurisdictions of judicial authorities as well as address electoral disputes and uphold the principle of free, fair, and credible elections in Nigeria.
He described the Nigerian judiciary as the pillar of justice, tasked with the responsibility to uphold the rule of law, protecting individual rights, and ensuring that the constitution is accurately interpreted and applied.
According to him, “As one of the three branches of the government, alongside the executive and the legislature, the judiciary plays a crucial role in maintaining the balance of power and fostering a just society.
“It plays a pivotal role in the administration of justice, interpretation of laws, upholding the constitution and ensuring that the rights of citizens are protected, and the freedom of individuals are guaranteed.”
He expressed confidence that the sectoral engagement which brought together practitioners, experts and legislators at the national and sub-national levels would achieve positive results.
Kalu noted that the House currently has 29 bills that are at various stages of consideration.
The bills, according to the Deputy Speaker, which are established, are concerned with dealing with quick dispensation of justice; setting time within which criminal causes and matters are heard and determined at trial in appellate courts, in order to eliminate delays in justice administration; establishment of electoral offences commission to investigate, prosecute and adjudicate offences relating to electoral offences in Nigeria; increasing the number of Supreme Court justices for speedy and efficient justice delivery; and setting procedure for removal of judicial officers to guarantee the independence of the judiciary, among others.
Emphasising the role of the judiciary in delivering justice and shaping society, he said: “Its effectiveness dwells on the principles of independence, fairness, and integrity, which are crucial for sustaining public confidence in the legal system.”
He challenged the judiciary to make its challenges known, saying: “As the beasts of burden in the dispensation of justice, it is most critical that we know from you your challenges, the mischiefs we intend to cure in these amendments and how we can make them sustainable. It is also important to ensure that we do not inadvertently cure a mischief and create another.”
He also stated that memoranda on about 16 thematic areas have been received from the public/stakeholders, while proposed bills from members of House of Representatives were still being collated.
Kalu said: “The thematic areas are hinged on the following: the federal structure and devolution of powers; independent candidacy; public revenue, fiscal federation and revenue allocation; legislature; electoral reforms; local government/local government autonomy; fundamental human rights; Nigerian police and security architecture; judicial reforms; immunity; gender and vulnerable groups; devolution of powers; state creation; traditional institutions; residency and indigeneship, and governance.”
He equally noted that the leadership of the state assemblies was also invited to the retreat. This,” he said “is to ensure that we are all on the same page in matters concerning our federation and the constitution that guides our nation.
“I am supremely confident that this college of leaders will superintend and guide us towards a more perfect union.”
In his remarks, the President of the Nigerian Bar Association (NBA), Yakubu Maikyau, commended the 10th National Assembly for putting together the retreat.
He said: “The two-day retreat would enable stakeholders in the justice sector to come together and engage with the parliament in the consideration of the provisions of the Constitution of the Federal Republic of Nigeria, that require amendment in order to see the effective and efficient administration of justice in the country.
“Well, some of you already know that proposals have been submitted to the House of Representatives for consideration of the review of the constitution, with respect to aspects of the constitution that touch on the judiciary.
“The proposals have only been given to us today and that is why both my Lord Justice, the Attorney General of the Federation, representing the Chief Justice of Nigeria, the President of the National Industrial Court, and my humble self, have requested time for us to go through them.”
He added that: “If we have sincere operation of the constitution, that is to say the implementation of the constitution is motivated by honesty and sincerity, to serve the interest of the public, we will not be where we are right now.
“So, that is why in my motion, I said that we should do this exercise honestly and sincerely, having the people of this country in mind as the centre of the focus of this exercise, because if you get the judiciary right, it means you have got your country right. So, we are expecting to see the right kind of development, harmony, peace in the country, and that is my take from this exercise.”
