The major defects of the 1999 Constitution with its potential of derailing the fragile democracy have once again been highlighted by Robert Clarke, Senior Advocate of Nigeria, (SAN) and elder statesman.
According to Clarke, who featured on the Arise Television, The Morning Show, on Monday and monitored by the platform, the lingering crisis and tension in the polity, coupled with the imposed defective constitution that has concentrated powers at the center could make a sitting president capitalise on these weaknesses and perpetuate himself in power.
This, according to the legal luminary is possible through the power given to the president to extend tenure by six months so as to quell the crisis.
He noted that because the Constitution provided the President to extend his tenure for six months in the first instance if conditions were not ripe for an election, this can be renewed based on the prevailing situations.
Clarke was however quick to observe that government must do all within its powers to douse the tension and the crisis, warning that " the nation may not scale through 2023 if nothing was done before the elections.“
His words, “Democracy worst form of Government in Nigeria, Politicians are disgrace to the country.
“So, the fact that the Constitution says the president cannot stay for more than eight years is wrong. Because the same constitution says he can be given six months if those conditions persist.
“The Constitution provides that the President can stay longer than eight years. I’ve always said it. It is in the Constitution.
“If the situation in which we’re in now continues, and it is impossible to vote in the 2023 elections, the Constitution says if a situation persists, the President can stay.
“Given all insurgencies, kidnappings, and Boko Haram, I don’t think in these areas of Nigeria, we can have a good election.
“Now, I don’t see any green light. I don’t see how what is happening today can be stopped within six months from today or before February next year when the elections will be held.

“The alternative then might be for Mr. President to continue as president, allow the security watches to carry up the mopping up until Nigeria will become stable.
“Because I swear to God Almighty, without stability in Nigeria, without security, Nigeria is going nowhere.
“No foreigner will bring his money and put in any business in Nigeria when he knows that any of his expatriates who are sent to Nigeria can be kidnapped at any time.
“So, until all these things are sorted out, I don’t see any green light. If nothing happens before the elections, God forbid, this country will go down in flames,” Clark said
READ ALSO:2023 : Jonathan Disowns Group That Purchased APC Presidential Nomination Forms, Says Not Aware Of Bid
Speaking further, he said, “The introduction of the undated letter of resignation by APC signposts lack of trust among politicians.
Am sorry to say this that, military is better than democratic governments since 1999. The Constitution is rotten and only serves the interests of politicians.
“No greenlight for Nigeria.“
More worrisome, according to stakeholders and political watchers is the fact that the alarm is coming weeks after another legal luminary, Afe Babalola called for the suspension of the 2023 elections and for an interim government to be installed after Buhari’s tenure due to the alleged "imperfections and unworkability of the 1999 Constitution as amended.
According to Babalola and just like many other stakeholders, the constitution can not be said to be the collective will and submissions of all Nigerians as claimed.
