The Sun News On-line

Dr Joseph Nwobike, a Lagos based legal practitioner, has called for the amendment of the 1999 Constitution, especially the area affecting local government.

Election tribunals
It is, indeed, obvious that the election conducted in 2007 by former President Obasanjo and Professor Maurice Iwu was a fraud. They set out from the on set to defraud Nigerians and they, in fact, defrauded Nigerians.

Immunity clause
Immunity clause is a welcome development, in the sense that without immunity clause, there is no governance. It is a law, which says any person holding the office of the president, the vice president, governor or a deputy governor, will not be subject of litigation while he holds that office. If they remove immunity clause, I can just go to Epe police station to complain against Governor Raji Fashola of Lagos State that he was the one who demolished my house or he was the one who stole my goat and the police would invite him. Because he is a public office holder, he is a target of all kinds of accusations.

I believe immunity clause should be retained. Once they remove immunity clause, governance would be paralyzed. Immunity clause is essential. Who ever that occupies that office, whether by default or merit is holding a public office. Until the man is discharged from that office, he should be respected. If we don’t retain immunity clause, there would be disaster in this country.

Judiciary
Judiciary has become the hope of everyman, whether big or small. Nigerian judiciary has particularly impressed all of us. It is gratifying to note that Nigerians now have hope that if you rig election and you come into power illegally at the tribunal the election will be set aside. The various rulings and judgments that have been coming out from the tribunals show that the judiciary is serious. Those who participate in the electoral process should follow the rules.

Election petitions
We must introduce the time within which they are determined. For instance, the election of the Senate President, David Mark had been annulled and the man in the next two or three months, would have been one year as a Senate president of Nigeria debating bill, earning salary, I think we should device a means by which the election petition process will be decided within three or four weeks. If we can achieve that, before anybody is sworn-in, all petitions against his election would have been determined.
One of the ways to do that is for elections to be conducted six months before the hand over date.

1999 Constitution
I believe that the 1999 Constitution has undergone some constructions and interpretations by the Supreme Court during Obasanjo’s government.
I will say that there is need to amend the 1999 Constitution. I will suggest amendment to be done in relation to local government. The constitution of the Federal Republic of Nigeria should have nothing to do with the local government because local government should be a state matter. It is the state that should determine how many local government that they need.

Ogebe’s elevation to Supreme Court
Those who criticizes his elevation to the Supreme Court are the people who don’t know Justice Ogebe. I had the privilege to appear before him several times, right from when he was in Lagos and Enugu. People who met him at the Court of Appeal are already at the Supreme Court, so how can you say Ogebe should not go to Supreme Court because he presided at the Presidential Election Tribunal?