By Tony Okafor
Senior Advocate of Nigeria, Chief Mike Ozekhome, recently defended the Supreme Court’s judgment granting financial autonomy to local governments, stating that the court’s interpretation supersedes the constitution. I respectfully disagree.
The Supreme Court plays a crucial role in interpreting the constitution, but it cannot unilaterally change or delete constitutional provisions.
The constitution clearly outlines the process for amendment, which involves the National Assembly or a national referendum.
The Supreme Court’s role is to ensure laws and government actions align with the constitution, not to alter it.
Ozekhome referenced Oliver Wendell Holmes Jr.’s thesis on the prophesies of courts regarding law.
Holmes’ prophesies of the court were more about understanding the court’s interpretations and decisions within the broader legal framework, rather than solely focusing on the constitution.
The constitution is the grundnorm, the foundation of the legal system, and cannot be modified by judicial interpretation alone.
The Supreme Court’s limitations are clear: it cannot nullify or invalidate constitutional sections, nor can it unilaterally change or delete constitutional provisions.
Its interpretation does not supersede the constitution. Sections 162(5) and 162(8) of the constitution unequivocally address local government funding .
The 1999 Constitution’s preamble emphasizes the people’s sovereignty, stating, “We the people of the Federal Republic of Nigeria… Do hereby make, enact, and give to ourselves the following Constitution.”
This means only the people of Nigeria or their elected representatives can alter the constitution or any part thereof.
The Nigerian Constitution’s supremacy is unequivocally established, with its provisions holding binding force over all authorities and persons within the Federal Republic.
This fundamental principle ensures the Constitution’s precedence over other laws and authorities.
While I understand Ozekhome’s arguments, I firmly believe that the Supreme Court cannot arrogate the power to render the constitution or any section of it nugatory.
The constitution’s integrity and the rule of law demand respect for its provisions and the amendment process.
Ultimately, the Constitution’s provisions on this will continue to guide us until the National Assembly takes the necessary steps to amend them.
Tony Okafor Is A Retired Headmaster Class 1.
