This National Conference Is Waste Of Time – Prof.Nwabueze

We are in the process of another constitution making.  If you agree, what’s your take on the arrangement?

Let me correct the impression that we are in the process of another constitution making. The National Conference, as constituted by the President, lacks the capacity to draft a constitution to be submitted to the people for approval through a referendum. It doesn’t have the capacity, so it does not entail a constitution making at all. That is something we have to realise, arising from the nature and type of the conference as constituted or established by the President.

The reason for this is that the conference is not established by virtue of any law enacted by the National Assembly. The convocation, its composition, its functions, its modus operandi are not catered for by  law. It is established entirely by virtue of the inherent powers of the President under Section 5 of the constitution.

With its limited functions, its establishment is within the immediate powers of the President. The conference not established  under a law enacted by the legislative authorities of the country cannot adopt a constitution. It lacks the capacity to draft a constitution that will be binding on everybody as law.