Lagos lawyer Femi Falana (SAN) yesterday stated that the controversy surrounding the amendment of the constitution was unnecessary.
He noted that the National Assembly was misled into believing that it could move Section 18 of the Constitution to Chapter Four.
But the move, he said, was “unnecessary”.
Falana said Chapter Four of the Constitution cannot be amended without a resolution of four-fifth of the National Assembly members.
As stated by Falana, who spoke on Sunrise Programme of Channels TV, the President Goodluck Jonathan was right, in some areas, on some of the issues he raised concerning the amendment of Sections 8, 9 and Chapter 4.
He described the silence of the lawmakers on those sections as “disturbing”, adding that they should have joined issues with the President.
Falana said: “I also felt that this whole controversy is totally unnecessary. Maturity should have prevailed. I thought the President should have drawn the attention of the leadership of the National Assembly to his observations and then this matter will be ironed out.
“There is no doubt that some of the issues raised by the President are valid. And with profound respect, I think the National Assembly was misled in many areas.
“For instance, Section 18 of the Constitution on free education for primary school pupils was taken to Chapter 4; totally unnecessary for two reasons: one, you cannot amend Chapter 4 without a resolution by four-fifth majority of the National Assembly members. Because Chapter Four is a fundamental right provision so that nobody tinker with it at anytime the way he or she likes. That is why the amendment procedure is very strict.
“Why I am saying that it was totally unnecessary is that there are two laws – the Child Rights Act of 2003 and the UBE Act of 2004 that have made education compulsory and free from primary to junior secondary school for every Nigerian child. So, you don’t need to remove it from Chapter Two and take it to Chapter Four because we have left that stage.
“If you look at the reasons proffered by the President, the National Assembly has failed to join issues with the President and I find that disturbing. You are being told you have amended Section 8, 9, and Chapter 4 that require four-fifth majority of your member, you are silent on that. You are being told that you should not have taken this question of state primary education to Chapter Four, you are not saying anything about that. You are granting immunity to yourselves.”