The Senate on Thursday explained why the agitation by different groups for a new constitution is not feasible.
It said the 1999 Constitution (as amended) does not provide a mechanism for replacing or re-writing an entirely new Constitution.
Chairman, Senate Committee on the Review of the 1999 Constitution, Senator Ovie Omo-Agege, made the clarification at the National Public Hearing on the review of the constitution in Abuja.
He said there must be an alteration of Section 9 of the Constitution to provide the mode through which an entirely new Constitution could be made.
“We are ready to listen closely to every view and reflect on every proposal and give due consideration to every contribution.
“Now, some of our compatriots have urged that rather than amending the Constitution, we should make a new Constitution all together.
“We respect this opinion, and we believe it is a most desirable proposition. However, we are conducting this exercise in accordance with the extant legal order, which is the 1999 Constitution.
“Specifically, Section 9 of the Constitution empowers the National Assembly to alter the provisions of the Constitution and prescribes the manner in which it is to be done.
“Unfortunately, it does not make similar provisions or provide a mechanism for replacing or re-writing an entirely new Constitution.
“To embark on any process without prior alteration of Section 9 of the Constitution to provide the mode through which an entirely new Constitution could be made, would amount to gross violation of our oath of allegiance to the Constitution.
“In other words, it will take a new Constitutional amendment to be able to give Nigerians a most desired new Constitution. It would be unconstitutional to do otherwise,” he said.
