Introduction
The 1999 Constitution is considered by many Nigerians as outdated thus alien to the current realities of Nigeria. Various actors have therefore been advocating the replacement of the Constitution with a people-driven Constitution which represents the current realities of the Country.
The Centre for Socio-legal Studies has called for the amendment of the Constitution by proposing four major reforms pertaining to the electoral process, administration of Criminal Justice, Code of Conduct Bureau and the judiciary. The reforms are stated below.
| Electoral Process Reform The Centre proposes the alteration of sections 174 and 211 of the Constitution to insert new subsections which create the Office of the Independent Prosecutor of Electoral Offences (OIPEO) conferred with the power to initiate and bring to successful completion, the prosecution of electoral offences; removal of immunity granted to the Executive arm with respect to electoral offences; and removal from the Attorney-General the power to prosecute, take over or discontinue electoral offences. This proposal is founded on the trite principle that any nation passionate about effective administration of justice within its jurisdiction will not take lightly the prosecution of electoral offences. Elections are the backbone of democratic government and as such, electoral offences undermine the legitimacy of the state. Hence, political aspirants who engage in electoral offences should be prosecuted and dealt with appropriately, without undue interference by the Attorney-General, who is a politician. |
| Administration of Criminal Justice Act Review The Centre proposes that sections 396(7) and 306 of the Administration of Criminal Justice Act (ACJA), 2015 should be incorporated into the Constitution. The sections provides; “Notwithstanding the provision of any other law to the contrary, a Judge of the High Court who has been elevated to the Court of Appeal shall have dispensation to continue to sit as a High Court Judge only for the purpose of concluding any part-heard criminal matter pending before him at the time of his elevation and shall conclude the same within a reasonable time: Provided that this subsection shall not prevent him from assuming duty as a Justice of the Court of Appeal.- Section 396(7)” ” An application for stay of proceedings in respect of a criminal matter before the court shall not be entertained.- Section 306″. The alteration is to introduce key reforms to promote efficient management of criminal trials and speedy dispensation of justice. |
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| Code of Conduct Bureau (CCB) Reform The Centre proposes fundamental reforms in the Code of Conduct Bureau (CCB), which include the reduction in the number of members of its board; the creation of an office for an executive secretary for the CCB, and the adoption of bi-annual assets declarations for certain political office holders. Judicial Reform The Centre proposes the alteration of Section 233 of the Constitution in order to reduce the workload of the Supreme Court. Several interlocutory matters which used to go to the Apex Court ‘as of right’ shall now be with leave of the court. Furthermore, the dichotomy in the retirement age of high court judges, who must retire at age 65 and appellate judges, who must retire at age 70, is to be removed, such that all judges shall be at liberty to serve till 70 years of age. In addition to this, judges who retire after serving for 15 years shall be entitled to their salaries for life as well as allowances calculated at the same rate as that of a serving judge or justice. |
| Conclusion The Centre believes that if the foregoing amendments are successfully incorporated into the 1999 Constitution, they will go a long way in improving the electoral system, administration of criminal justice, the Code of Conduct Bureau and strengthen the independence of the judiciary. CENTRE FOR SOCIO-LEGAL STUDIES |
