Friday, July 27, 2012

Ensuring constitution amendment and participatory democracy

By Daniel Abia, Snr. Correspondent, Port Harcourt
Unless certain fundamental sections of the current constitution are reviewed to reflect the relative political situation in the country as to ensure democracy epitomised in free, fair and credible elections, the planned amendment of the 1999 constitution by the seventh National Assembly may be an exercise in futility. This was the position of some political parties, at their recent summit in Port Harcourt, Rivers State.
The 57 parties under the aegis of Nigerian Registered Political Parties (NRPP), last week in Port Hacourt, harmonised the resolution they had earlier reached in Uyo, Akwa Ibom State, on the knotty issues that must be considered to give the country an inclusive and workable constitution. Their observations at the forum were not without reasons.
Analysts have in fact, noted that one of the biggest problems confronting the political stability of Nigeria has been the inability to conduct free, fair and credible elections.
Authorities of the ruling political parties have always been accused of hand picking members of the electoral body saddled with the responsibility of conducting election with the view to exerting some degree of influence at the poll.
It was therefore the observation of the political parties that if the 13-year-old democracy the country is currently enjoying is to be sustained and etched in the national consciousness, there is dire need to restructure the existing Independent National Electoral Commission (INEC).
The Port Harcourt strategic meeting under the aegis of the United Nations Development Programme (UNDP) afforded the various political parties the atmosphere to brainstorm on key issues in the constitution and come up with recommendations that would be forwarded to the National Assembly for possible consideration.
They considered that the restructuring of the present INEC must start from sections 154 and 157 of the Constitution, which relate to the composition, appointment and removal of Chairman and members of the Board of the Independent National Electoral Commission.
The new INEC, going by their observation, is expected to have a chairman, who must be a person of unquestionable character and proven integrity with a deputy who must also be a person of good conduct, but not necessarily of the same gender.
To reflect a balanced federation and equal representation in the INEC board, six persons of proven integrity and character drawn from the six geopolitical zones, which must include women, would indeed witness an evolving electoral body that is capable of deepening the nation’s democracy.
Other nominees, the parties agreed, would be drawn from the Civil Society Organisations, Labour, Nigerian Bar Association, Women, media and the youth groups.
In reducing the overbearing influence of the sitting President in the choice of the chairman of INEC, the political parties were of the view that the appointment of the chairman should be by the recommendation of the National Judicial Commission (NJC).
The NJC would make such recommendation for the appointment of the chairman after a wide range of advertorial specifying the position and forwarded such recommendation to the Senate for final screening.
For the job security of the INEC members, the parties said sections 155 and 157 of the Constitution must be amended as they urged the National Assembly to ensure that the Chairman and members of the Board of INEC may only be removed by the Senate on the recommendation of the National Judicial Commission (NJC) by two thirds majority of the Senate which shall include at least 10 members of the minority parties in the upper house.
It was also their view that the 1999 Constitution should be amended to provide that the tenure of office of the Chairman and members of the Board of INEC shall be five years from the date of appointment and shall be renewable only once.
At the state level, the Nigerian Registered Political Parties recommended that the State Independent Electoral Commissions (SIECs) should be abolished and its structures incorporated within the structure of INEC to form a single election management body for the country. Under the new arrangement, the State Secretariats of INEC should therefore consist of 37 Directors of Elections, one for each state and the Federal Capital Territory (FCT), appointed by INEC, trained and posted to states other than their states of origin.
The recommendation covers amendment of the local government level where full time 774 Local Government Electoral Officers should be appointed by INEC while at the Ward level, full time 8814 career Assistant Electoral Officers should also be appointed by the electoral body after public advertisement inviting applications and posted outside their wards but within the local government area. “At least one third of these Local Government Electoral Officers should be women,” the parties insisted.
Indeed, the strategic meeting in Uyo and Port Harcourt were the first time various political parties would come together irrespective of party affiliations to forge a common front for the betterment of the country’s democracy.
In a bid to create harmony and positive political consciousness among parties, Section 222-229 of the Constitution were equally recommended for amendment to provide for the establishment of a Political Parties Registration and Regulatory Commission (PPRRC).
The rudiment of this new party commission will among other things register political parties in accordance with the provisions of the 1999 Constitution (as amended) and sections 78-101 of the Electoral Act 2010 (as amended), monitor the organisation and operation of the political parties, including their finances.
In furtherance of its responsibility, the commission will also have the duty of arranging the annual examination and auditing of the funds and accounts of political parties, monitor political campaigns and provide rules and regulations, which shall govern such political party campaigns.
More than that, PPRRC would also be responsible for accrediting domestic civil society groups, international election observers, local and international media organisations observing elections among other functions.
In a manner reminiscent of having a bailout mechanism to enhance the financial status of the parties, they proposed that section 228 (c) of the Constitution needs some amendment to provide that the National Assembly shall by law make provisions for annual grant to the Independent National Electoral Commission for disbursement to all registered political parties to assist them in the discharge of their functions and constitutional responsibilities.
If the position of the NRPP is accepted by the National Assembly, Section 228 (c) will have to be further looked into to provide that political parties that maintain a minimum of 35 percent women in all its executive bodies shall receive additional grants from the INEC. This will in no less measure brighten the chances of the 35 percent affirmative action by women.
Dr. Osita Okereke, National Chairman of Inter Party Advisory Council (IPAC), believes that creating more space to accommodate women in the nation’s political space would not only ease tension that is associated with elections, but would promote a good sense of equality.
“We are here in Port Harcourt to harmonise that process of making our input in the constitution amendment. If 50 or 60 percent of what we agreed on could be implemented, then Nigeria would be better for it,” Okereke said.
“What we are doing is to see how to help Nigerian democracy by making women and children to participate well in our politics. We should accommodate our women in politics. We have also deliberated on how we can come up with a transparent judiciary.  It is a common saying that judiciary is the last hope of a common man. But here in Nigeria, if you don’t have billions, you can’t have justice in this country,” the National Chairman of African Liberation Party (ALP) explained.
In his opinion, Tijjani Musa Tumsah, National Secretary of All Nigerian Peoples Party (ANPP), said the Uyo and Port Harcourt meetings apart from reuniting the various political parties despite their different political backgrounds and ideologies, afforded them the opportunity to make input in the constitution amendment.
“This is a very welcome development and I must thank the National Assembly and the UNDP for providing the platform for us to contribute meaningfully to the constitution amendment of our beloved country.”
Tumsah explained that if reflected, the joint recommendations of the political parties would go a long way in strengthening the nation’s democracy and place Nigeria on a formidable stead politically.
For Comrade Miriki Ebikibina, the National Youth Leader of the Action Congress of Nigeria (ACN), issues of democracy all over the world is a participatory practice, which infers that an appreciable number of youths and women must be given equal playing field to express themselves politically.
In a chat with Daily Independent in Port Harcourt, Miriki argued that there has been no ideological base in defining the present political mission, because “younger elements within the emergent democratic political parties have come to find themselves on the sidelines.”
He expressed regrets that youth and women wings have been integrated into the Executive Council thereby silencing the existence of these “most important aspects of our society.”
The ACN youth leader however attributed the Niger Delta militancy, Boko Haram insurgency in the North and other youth restiveness in the country to the inability of the political class to assign position of responsibility to the militant youths.
Succinctly, many people have argued that the National Assembly would face a herculean task of amending the entire constitution, given the number of items that must be considered for amendment.
In the 1960 constitution, for instance, there were 44 items on the Exclusive List while the Concurrent List had 28 items. On that basis, as the country progressed to a Republican democracy in 1963 with 45 and 29 items in the Exclusive and Concurrent lists respectively, analysts said this is even too cumbersome.
Today, the 1999 Constitution carries as much as 68 items on the Exclusive List. Professor Kimse Okoko, a retired Professor of Political Science from the University of Port Harcourt, observed that with this cumbersome items entrenched in the nation’s constitution, it would be of a huge hindrance to the National Assembly.
“Let me repeat here that the attempt to amend the 1999 Constitution by the National Assembly is an effort in futility. It is a job in futility because they are not empowered to comprehensively amend the constitution.
“What they are trying to do is to review the constitution. They can amend one or two areas of the constitution not a comprehensive aspect of it. That is not their mandate. It is an exercise in futility. There are thirty or more items in that constitution that they want to amend. How will that happen? That is a comprehensive review”, Okoko said.
By Daniel Abia, Snr. Correspondent, Port Harcourt
Unless certain fundamental sections of the current constitution are reviewed to reflect the relative political situation in the country as to ensure democracy epitomised in free, fair and credible elections, the planned amendment of the 1999 constitution by the seventh National Assembly may be an exercise in futility. This was the position of some political parties, at their recent summit in Port Harcourt, Rivers State.
The 57 parties under the aegis of Nigerian Registered Political Parties (NRPP), last week in Port Hacourt, harmonised the resolution they had earlier reached in Uyo, Akwa Ibom State, on the knotty issues that must be considered to give the country an inclusive and workable constitution. Their observations at the forum were not without reasons.
Analysts have in fact, noted that one of the biggest problems confronting the political stability of Nigeria has been the inability to conduct free, fair and credible elections.
Authorities of the ruling political parties have always been accused of hand picking members of the electoral body saddled with the responsibility of conducting election with the view to exerting some degree of influence at the poll.
It was therefore the observation of the political parties that if the 13-year-old democracy the country is currently enjoying is to be sustained and etched in the national consciousness, there is dire need to restructure the existing Independent National Electoral Commission (INEC).
The Port Harcourt strategic meeting under the aegis of the United Nations Development Programme (UNDP) afforded the various political parties the atmosphere to brainstorm on key issues in the constitution and come up with recommendations that would be forwarded to the National Assembly for possible consideration.
They considered that the restructuring of the present INEC must start from sections 154 and 157 of the Constitution, which relate to the composition, appointment and removal of Chairman and members of the Board of the Independent National Electoral Commission.
The new INEC, going by their observation, is expected to have a chairman, who must be a person of unquestionable character and proven integrity with a deputy who must also be a person of good conduct, but not necessarily of the same gender.
To reflect a balanced federation and equal representation in the INEC board, six persons of proven integrity and character drawn from the six geopolitical zones, which must include women, would indeed witness an evolving electoral body that is capable of deepening the nation’s democracy.
Other nominees, the parties agreed, would be drawn from the Civil Society Organisations, Labour, Nigerian Bar Association, Women, media and the youth groups.
In reducing the overbearing influence of the sitting President in the choice of the chairman of INEC, the political parties were of the view that the appointment of the chairman should be by the recommendation of the National Judicial Commission (NJC).
The NJC would make such recommendation for the appointment of the chairman after a wide range of advertorial specifying the position and forwarded such recommendation to the Senate for final screening.
For the job security of the INEC members, the parties said sections 155 and 157 of the Constitution must be amended as they urged the National Assembly to ensure that the Chairman and members of the Board of INEC may only be removed by the Senate on the recommendation of the National Judicial Commission (NJC) by two thirds majority of the Senate which shall include at least 10 members of the minority parties in the upper house.
It was also their view that the 1999 Constitution should be amended to provide that the tenure of office of the Chairman and members of the Board of INEC shall be five years from the date of appointment and shall be renewable only once.
At the state level, the Nigerian Registered Political Parties recommended that the State Independent Electoral Commissions (SIECs) should be abolished and its structures incorporated within the structure of INEC to form a single election management body for the country. Under the new arrangement, the State Secretariats of INEC should therefore consist of 37 Directors of Elections, one for each state and the Federal Capital Territory (FCT), appointed by INEC, trained and posted to states other than their states of origin.
The recommendation covers amendment of the local government level where full time 774 Local Government Electoral Officers should be appointed by INEC while at the Ward level, full time 8814 career Assistant Electoral Officers should also be appointed by the electoral body after public advertisement inviting applications and posted outside their wards but within the local government area. “At least one third of these Local Government Electoral Officers should be women,” the parties insisted.
Indeed, the strategic meeting in Uyo and Port Harcourt were the first time various political parties would come together irrespective of party affiliations to forge a common front for the betterment of the country’s democracy.
In a bid to create harmony and positive political consciousness among parties, Section 222-229 of the Constitution were equally recommended for amendment to provide for the establishment of a Political Parties Registration and Regulatory Commission (PPRRC).
The rudiment of this new party commission will among other things register political parties in accordance with the provisions of the 1999 Constitution (as amended) and sections 78-101 of the Electoral Act 2010 (as amended), monitor the organisation and operation of the political parties, including their finances.
In furtherance of its responsibility, the commission will also have the duty of arranging the annual examination and auditing of the funds and accounts of political parties, monitor political campaigns and provide rules and regulations, which shall govern such political party campaigns.
More than that, PPRRC would also be responsible for accrediting domestic civil society groups, international election observers, local and international media organisations observing elections among other functions.
In a manner reminiscent of having a bailout mechanism to enhance the financial status of the parties, they proposed that section 228 (c) of the Constitution needs some amendment to provide that the National Assembly shall by law make provisions for annual grant to the Independent National Electoral Commission for disbursement to all registered political parties to assist them in the discharge of their functions and constitutional responsibilities.
If the position of the NRPP is accepted by the National Assembly, Section 228 (c) will have to be further looked into to provide that political parties that maintain a minimum of 35 percent women in all its executive bodies shall receive additional grants from the INEC. This will in no less measure brighten the chances of the 35 percent affirmative action by women.
Dr. Osita Okereke, National Chairman of Inter Party Advisory Council (IPAC), believes that creating more space to accommodate women in the nation’s political space would not only ease tension that is associated with elections, but would promote a good sense of equality.
“We are here in Port Harcourt to harmonise that process of making our input in the constitution amendment. If 50 or 60 percent of what we agreed on could be implemented, then Nigeria would be better for it,” Okereke said.
“What we are doing is to see how to help Nigerian democracy by making women and children to participate well in our politics. We should accommodate our women in politics. We have also deliberated on how we can come up with a transparent judiciary.  It is a common saying that judiciary is the last hope of a common man. But here in Nigeria, if you don’t have billions, you can’t have justice in this country,” the National Chairman of African Liberation Party (ALP) explained.
In his opinion, Tijjani Musa Tumsah, National Secretary of All Nigerian Peoples Party (ANPP), said the Uyo and Port Harcourt meetings apart from reuniting the various political parties despite their different political backgrounds and ideologies, afforded them the opportunity to make input in the constitution amendment.
“This is a very welcome development and I must thank the National Assembly and the UNDP for providing the platform for us to contribute meaningfully to the constitution amendment of our beloved country.”
Tumsah explained that if reflected, the joint recommendations of the political parties would go a long way in strengthening the nation’s democracy and place Nigeria on a formidable stead politically.
For Comrade Miriki Ebikibina, the National Youth Leader of the Action Congress of Nigeria (ACN), issues of democracy all over the world is a participatory practice, which infers that an appreciable number of youths and women must be given equal playing field to express themselves politically.
In a chat with Daily Independent in Port Harcourt, Miriki argued that there has been no ideological base in defining the present political mission, because “younger elements within the emergent democratic political parties have come to find themselves on the sidelines.”
He expressed regrets that youth and women wings have been integrated into the Executive Council thereby silencing the existence of these “most important aspects of our society.”
The ACN youth leader however attributed the Niger Delta militancy, Boko Haram insurgency in the North and other youth restiveness in the country to the inability of the political class to assign position of responsibility to the militant youths.
Succinctly, many people have argued that the National Assembly would face a herculean task of amending the entire constitution, given the number of items that must be considered for amendment.
In the 1960 constitution, for instance, there were 44 items on the Exclusive List while the Concurrent List had 28 items. On that basis, as the country progressed to a Republican democracy in 1963 with 45 and 29 items in the Exclusive and Concurrent lists respectively, analysts said this is even too cumbersome.
Today, the 1999 Constitution carries as much as 68 items on the Exclusive List. Professor Kimse Okoko, a retired Professor of Political Science from the University of Port Harcourt, observed that with this cumbersome items entrenched in the nation’s constitution, it would be of a huge hindrance to the National Assembly.
“Let me repeat here that the attempt to amend the 1999 Constitution by the National Assembly is an effort in futility. It is a job in futility because they are not empowered to comprehensively amend the constitution.
“What they are trying to do is to review the constitution. They can amend one or two areas of the constitution not a comprehensive aspect of it. That is not their mandate. It is an exercise in futility. There are thirty or more items in that constitution that they want to amend. How will that happen? That is a comprehensive review”, Okoko said.
If the position of the NRPP is accepted by the National Assembly, Section 228 (c) will have to be further looked into to provide that political parties that maintain a minimum of 35 percent women in all its executive bodies shall receive additional grants from the INEC. This will in no less measure brighten the chances of the 35 percent affirmative action by women.
Dr. Osita Okereke, National Chairman of Inter Party Advisory Council (IPAC), believes that creating more space to accommodate women in the nation’s political space would not only ease tension that is associated with elections, but would promote a good sense of equality.
“We are here in Port Harcourt to harmonise that process of making our input in the constitution amendment. If 50 or 60 percent of what we agreed on could be implemented, then Nigeria would be better for it,” Okereke said.
“What we are doing is to see how to help Nigerian democracy by making women and children to participate well in our politics. We should accommodate our women in politics. We have also deliberated on how we can come up with a transparent judiciary.  It is a common saying that judiciary is the last hope of a common man. But here in Nigeria, if you don’t have billions, you can’t have justice in this country,” the National Chairman of African Liberation Party (ALP) explained.
In his opinion, Tijjani Musa Tumsah, National Secretary of All Nigerian Peoples Party (ANPP), said the Uyo and Port Harcourt meetings apart from reuniting the various political parties despite their different political backgrounds and ideologies, afforded them the opportunity to make input in the constitution amendment.
“This is a very welcome development and I must thank the National Assembly and the UNDP for providing the platform for us to contribute meaningfully to the constitution amendment of our beloved country.”
Tumsah explained that if reflected, the joint recommendations of the political parties would go a long way in strengthening the nation’s democracy and place Nigeria on a formidable stead politically.
For Comrade Miriki Ebikibina, the National Youth Leader of the Action Congress of Nigeria (ACN), issues of democracy all over the world is a participatory practice, which infers that an appreciable number of youths and women must be given equal playing field to express themselves politically.
In a chat with Daily Independent in Port Harcourt, Miriki argued that there has been no ideological base in defining the present political mission, because “younger elements within the emergent democratic political parties have come to find themselves on the sidelines.”
He expressed regrets that youth and women wings have been integrated into the Executive Council thereby silencing the existence of these “most important aspects of our society.”
The ACN youth leader however attributed the Niger Delta militancy, Boko Haram insurgency in the North and other youth restiveness in the country to the inability of the political class to assign position of responsibility to the militant youths.
Succinctly, many people have argued that the National Assembly would face a herculean task of amending the entire constitution, given the number of items that must be considered for amendment.
In the 1960 constitution, for instance, there were 44 items on the Exclusive List while the Concurrent List had 28 items. On that basis, as the country progressed to a Republican democracy in 1963 with 45 and 29 items in the Exclusive and Concurrent lists respectively, analysts said this is even too cumbersome.
Today, the 1999 Constitution carries as much as 68 items on the Exclusive List. Professor Kimse Okoko, a retired Professor of Political Science from the University of Port Harcourt, observed that with this cumbersome items entrenched in the nation’s constitution, it would be of a huge hindrance to the National Assembly.
“Let me repeat here that the attempt to amend the 1999 Constitution by the National Assembly is an effort in futility. It is a job in futility because they are not empowered to comprehensively amend the constitution.
“What they are trying to do is to review the constitution. They can amend one or two areas of the constitution not a comprehensive aspect of it. That is not their mandate. It is an exercise in futility. There are thirty or more items in that constitution that they want to amend. How will that happen? That is a comprehensive review”, Okoko said.
He remarked that for strong democracy, every federating unit must be allowed to own and control its resources. That is the fundamental thing that can guarantee the freedom. “We are still enslaved in this country because people dictate to us what we should take from our own resources. I don’t see this National Assembly doing that because those who have vested interest in the National Assembly will make it difficult for such change to take place. In the 2005 National Political Conference that was what made me to lead a ‘walk-out’. They country could not even approve the 25 percent increase that we demanded. I don’t see this present National Assembly increasing the derivation to 25, not even 20 percent. This is a key area.
“The other one is the issue of having three languages as official languages in the constitution. That aspect of the constitution must be removed because you are not helping to unify the country by so doing. We have over 250 ethnic nationalities in Nigeria and you just identify only three languages as official languages. That is not right. It is completely unacceptable. These three languages have also been inscribed on the national currencies.”
The trend, Okoko pointed out, was a sign of ethnocentrism for Yoruba, Hausa and Ibo insignias to remain on the currencies. “What about the rest? If you insist we must have Azikiwe, Balewa, Sarduana on the currency that is all right by me because they are historical pictures of this country.
“But to have markings that portray certain ethnic groups to the detriment of others is what I am not happy about. I don’t expect anything good to come out of this amendment process. It is an exercise in futility because they will still leave the 1999 constitution as bogus as it is.  With the 1999 constitution in place, there is no way Nigeria can move forward. We will continue to wallow in poverty and darkness.”

Ensuring constitution amendment and participatory democracy « Daily Independent

Ensuring constitution amendment and participatory democracy « Daily Independent

In search of a peoples’ Constitution

In search of a peoples’ Constitution
By Emeka Alex Duru, Group Politics Editor
“We the people of the Federal Republic of Nigeria:
Having firmly and solemnly resolved:
To live in unity and harmony as one indivisible and indissoluble sovereign nation under God and dedicated to the promotion of inter-African solidarity, world peace, international co-operation and understanding:
And to provide for a Constitution for the purpose of promoting the good government and welfare of all persons in our country on the principles of Freedom, Equality and Justice, and for the purpose of consolidating the Unity of our people:
Do Hereby Make, Enact And Give Ourselves the following Constitution,” says the preamble of the nation’s grand norm – the 1999 Constitution. But it does not seem to encapsulate the expectations of highly perceptive Nigerians, at least, going by realities on ground and expressions of dissatisfaction on some aspects of the document. Incidentally, none before it seemed to have met the people’s expectations.
And so, the search for an acceptable law has been almost endless. The current National Assembly (NASS), has in fact, commenced moves indicating a strong resolve in embarking on the course – a path that was treaded by its predecessor before it lost focus on account of the tenure elongation gambit of former President Olusegun Obasanjo.
This time around, the Senators who are in the vanguard of the exercise seem to be closing in on the aspects of the Constitution that may be tinkered with.
In that regard, the appropriate organs to tackle the matter are being put in place. For example, at the Senate Committee retreat, last week in Asaba, Delta State capital, there were conscious efforts at harmonising various views by stakeholders on ways of fashioning out an acceptable constitution for the country.
In his address at the occasion, Deputy Senate President, Ike Ekweremadu, who incidentally is the chairman of the committee, described constitution review as a continuum, stressing that his team is guided in the exercise by the principle of incremental approach. He recalled that while the last National Assembly had considered it pertinent to concentrate on areas of relative national consensus and pressing need, especially on electoral reform to pave way for improved electoral system before the 2011 elections, certain cogent suggestions by Nigerians and interest groups which could not be attended to, were carried over to the current Assembly.
The exercise, he stressed, saw his committee visiting the report of the last committee to sift matters that required immediate attention. The efforts, coupled with other considerations, he said, saw the committee articulating the contentious issues under 16 critical agenda.
These are, devolution of powers, creation of more states, recognition of the six geopolitical zones in the constitution, role for traditional rulers, local government, extracting of Land Use, NYSC Act, and Codes of Conduct from the constitution. Others are: Fiscal federalism, amendment of provisions relating to the amendment of the constitution, state creation and boundary adjustment. The essence, he said, is to remove ambiguities. Issues of immunity clause, Nigerian Police, especially if its current structure is meeting up with the challenges of insecurity, are also included in the review.
In also identifying the judiciary among the critical areas, the committee may seek to explain what constitutional reforms needed to put in place to ensure the free flow of the rivers of justice in the country. It is also expected to attend to the recurring question of the status of the executive arm of the government especially as it concerns tenure of office. It will raise posers on the term element of the executive offices.
Rotation of offices is also to be addressed. The committee will seek to ask if a constitutional provision of rotation will help stabilise the country and its component units. The issues of gender and special groups are equally listed for attention. Here, among other engagements, there will be attempts to ask if women, the physically challenged and any other special group require constitutional protection or advantage.
Mayoral status for the Federal Capital Territory Administration will also come into focus. Attempts would be made to find out if in line with similar cities all over the world, Abuja would be better off with a mayoral system, instead of semi state.
The committee would also revisit the residency and indigene provisions of the constitution. It would for instance, seek to raise the question on whether what currently obtains in Section 42 of the constitution sufficiently guarantees equality of opportunity to all Nigerians wherever they reside irrespective of tribe, language, religion, sex, state of origin, among others.
Ekweremadu noted that in course of his committee’s assignment, it had asked Nigerians to submit memoranda on the way forward. “We have received a total of One Hundred and Eight (108) memoranda in addition to fifty-six state creation requests across the six geopolitical zones,” he stated.
He admitted that the task before his committee was enormous but remained optimistic that it was not impossible. “We have the confidence and popular support of an increasingly politically aware mass of Nigerian people who are keen to see fundamental changes in various aspects of 1999 Constitution. We have the benefit of experience, precedence and already established rules of procedure. The committee has also enjoyed the goodwill, cooperation and total support of the Senate leadership and the entire Senate. Importantly, we have a steeled will to excel,” he enthused.
The Deputy Senate President assured that in going about its brief, the committee has no position on any issue, except those taken by the Nigerian people, through their input, whether through memoranda, contributions at public hearings and elected representatives and other established channels. He gave July 2013 as the deadline for the committee to tidy up its assignment.
The ovation trailing Ekweremadu’s presentation had hardly died down when Rotimi Amaechi, Rivers State governor and chairman, Nigerian Governors’ Forum, challenged the committee to ensure that it places on its table the critical issues confronting the country. These he identified as revenue generation and distribution as well as citizenship. He tasked the Federal Government to shed responsibilities and resources at its disposal, while recommending devolution of powers to the component tiers of the federation.
Delta State governor, Dr. Emmanuel Uduaghan, who toed similar path on some issues raised by Amaechi, identified shortfalls of the 1999 Constitution as including revenue allocation and over bearing letters of the document. He called for radical review of the constitution to achieve true and fiscal federation. The governor observed that 1999 Constitution was skewed in favour of the Federal Government with states appearing as appendages. He specifically called for the abrogations of the Land Use Act, Petroleum Act, which he said, have removed resources from the control of states to the Federal Government.
The governor later amplified his views in an interview with journalists. He said, “In a real federation, the states are not appendages of the centre. There is no one big man up there and then you have the small men, and then the big man will start distributing crumbs to the small men down there, which seems to be happening now. What we are saying is this, there are 36 states and a federal government, for us, we will call it 37 government. Yes, the Federal Government is bigger than the others but there are 37 government in Nigeria. And the various government should be able to manage the affairs, somehow independently, with all of us converging at the centre.
“Coming down to specifics, we are saying that as a federation, the Federal Government is taking too many things and should be confined to certain areas and let the states do a lot more than they are doing now. Why should the Federal Government go to build primary schools and healthcare centres or boreholes? We believe that the states should handle that. But in so doing, we also need to review the allocation formula.”
Senate President, David Mark, who flagged off the retreat, remarked that much as the 1999 Constitution was far from being perfect, it was a commendable effort by its framers in giving the country a sound bearing. He assured that NASS would not foist a compromised constitution on Nigerians but would not succumb to a noisy minority that may wish to have its way.
Not even the harshest critics of the current National Assembly have faulted the moves at reviewing contentious portions of the constitution. The apprehension however has been on whether the lawmakers would deliver on their promise. Pat Nwabunnia, a political scientist and public opinion analyst who spoke to our reporter, in fact, remarked that the major fear among Nigerians is how far the National Assembly would go in actualising the demanding task. “The efforts are commendable. They are in line with the yearnings of the people. My fear however is on how far they would go. We saw what happened during the Obasanjo era when he wanted to use the constitution review to smuggle in his tenure elongation agenda. Besides, our politicians are known to abandon any project no matter how important with election approaching. If they can rise beyond these fears, they can count on Nigerians in this noble enterprise,” he stressed.
His fears are not without grounds. Critics in fact recall that similar exercises had been initiated in the past with accompanying euphoria, only for them to be jettisoned midway. In fact, in the last dispensation, over hundred issues were identified as the grey areas of the present constitution that needed to be strengthened. At a point, even pro-democracy activists had suggested an arrangement that would entail injecting in the law book such clauses that would engender a restructured system that is anchored on an ideal federal structure with its attributes of fiscal and regional autonomy, resource control and equitable distribution of national wealth.
But the government of the day, due largely to the dictatorial disposition of the then President, was not quite comfortable with the recommendations. It rather pretended to play along. When however it became apparent that Obasanjo had planned to cash in on the constitution review to actualise his tenure extension project, the entire exercise was rested on a hushed tone.
Given that ugly experience, the apprehension in some informed quarters had been if the members of the current NASS would have the nerves to weather through the delicate issues involved. This fear found bearing on the antics of past regimes in frustrating moves at reviewing the constitution.
Reasons for such actions, though hardly explained, had been known to centre on attempts by each government at self-preservation. Foot soldiers of successive administrations had always ascribed to the regimes the capacity to fashioning out an encompassing constitution. This, they had unfortunately not actualised. On their own, activists had argued that government, being the major beneficiaries of the skewed arrangement, could hardly be in a place to correct the system.
They had instead suggested a Sovereign National Conference (SNC), to tackle the thorny issues that would likely crop up in the process.
Incidentally, this demand is not new. In the late 1980s, for instance, following the unclear character and intentions of the transition programmes of the General Ibrahim Babangida administration, Alao-Aka Bashorun, former President of the Nigerian Bar Association (NBA), and activists of like minds had made case for the convocation of SNC. But the government of the day stood down the proposal with a claim that two sovereigns could not exist at a time. The excuse offered by the government was hardly convincing to its critics. In fact, to them, there was more to it than met the eyes.
But with the annulment of the June 12, 1993, Presidential election presumably won by the late MKO Abiola, SNC agitation received a boost, with such groups as the National Democratic Coalition (NADECO), joining in the struggle. Expectedly, the succeeding regime of the late General Sani Abacha did not exhibit any enthusiasm for the agenda.
However, SNC proponents, including late Gani Fawehinmi, Anthony Enahoro, Beko Ransome-Kuti and Shehu Sani, among others, pushed ahead with the demand. In the process, many encountered various regimes of deprivation and in some cases outright detention. When it dawned on Abacha and his acolytes that the SNC promoters were not cowed by the government’s strong-arm tactics; he summoned a constitutional conference in 1994 to discuss Nigeria and strengthen the wobbly areas of the 1979 Constitution. But as in the preceding Babangida confab of 1988, Abacha excluded delegates from discussing such issues as the Nigerian unity and federal set up. The 1994 confab had 380 members with government nominating 94. The rest were elected through secret ballot. Even with the bulk of the membership being elected, government influence on their deliberations was overwhelming. For instance, the recommendation of the confab to the then military government to quit at a certain time was quickly reversed when it became obvious that Abacha was not amused at the pronouncement. Notwithstanding, the outcome of the gathering provided a plank for the 1999 Constitution that is currently in operation.
Efforts by the previous National Assembly (between 2003 and 2007) to improve on the law book were however hijacked by the protagonists of the Obasanjo’s infamous Third Term agenda. The question perceptive analysts have therefore been asking is how far the incumbent lawmakers can go in amending the current constitution. For one, President Goodluck Jonathan administration, still battling with huge challenge of insecurity and allegation of non-performance, may not have the capacity to tackle the myriad issues that will arise in the review exercise, it is feared. However, the assurance by the Deputy Senate President that the committee would deliver on target has remained a huge boost to those looking up to the NASS to discharge the noble duty.
History of Nigeria’s constitution and review has been fairly long. There was, for instance, the 1922 Constitution that was introduced by Sir Hugh Clifford. Ironically, Clifford who introduced the constitution expressed doubts on the ability of the Nigerian to rule his country. He rebuked the audacity of Nigerian politicians who suggested self-government as tilting to the extremes.
By 1944, the shortcomings of the Clifford Constitution, given the increasing agitation of Nigerian nationalists, led by Sir Herbert Macaulay, could no longer be swept under the carpet. On December 6, that year, Arthur Richards (Lord Milverton), the governor, put up a constitutional reform, which he hoped would guarantee Nigerians greater participation in the discussion of their affairs.
On March 5, 1945, the scheme for the new constitution was laid at the legislative council. It made provisions for the establishment of consultative bodies at the regional levels. According to Richards, the aim was “to create a political system which is itself a present advance and contains the living possibility of further orderly advance – a system within which the diverse elements may progress at varying speeds, amicably and smoothly, towards a more closely integrated economic, social and political unity, without sacrificing the principles and ideals in their divergent ways of life.”
Perceptive analysts trace the regional arrangement that existed in the country up to 1966 to the Richard’s constitution. There were other constitutional reforms, including the Macpherson Federal Constitution. The snag with it however was that it was later discovered that the regions with their wide differences in character and development could not effectively function in a close-knit federation.
Subsequent constitutional conferences in Nigeria and London led to the 1959 Constitution that ushered Nigeria to an independence status. It is yet to be known what the on-going attempts at reviewing the 1999 Constitution may give rise to. The Senate President has however assured Nigerians of a people-oriented constitution. All eyes are on NASS in this challenging enterprise.

In search of a peoples’ Constitution

In search of a peoples’ Constitution

Friday, July 20, 2012

public hearing of the review of the Nigerian 1999 Constitution commenced

(11776 unread) - qasim_akinreti@yahoo.co.uk - Yahoo! Mail
    The public hearing of the review of the Nigerian 1999 Constitution has commenced with a call on all Nigerians to be part of the process.
At the first public hearing held in Asaba, Delta State, Southern Nigeria, the Deputy Speaker of the House of Representatives and the Chairman of the House Committee on Constitution Review, Emeka Ihedioha said that the House had received memorandum covering wide range of issues, on which it had commenced discussions.
In this report, Voice of Nigeria’s correspondent, Williams Osewezina, looks at the relevance of the public hearing.
His report.
TAPE:        CUE IN
CUE OUT
DUR: 2:01
SAVED AS: PUBLIC HEARING OF THE 1999 CONSTITUTION REVIEW
Nigeria’s 1999 Constitution Review public hearing begins Williams Osewezina, Asaba,delta. The public hearing of the review of the Nigerian 1999 Constitution has commenced with a call on all Nigerians to be part of the process. At the first public hearing held in Asaba, Delta State, the Deputy Speaker of the House of Representatives and the Chairman of the House Committee on Constitution Review, Honourable Emeka Ihedioha said that the House had received memorandum covering wide range of issues, which it had commenced discussions on. The public hearing is aimed at encouraging public participation and involvement in the review of the Nigerian 1999 Constitution. Review focus The Nigerian Senate President, Senator David Mark, suggested that the review of the constitution, should for now focus on the areas that required urgent review. He stressed that the review was necessary as the constitution which was put together by the military was far from being a perfect document. Senator Mark pledged the National Assembly’s commitment in ensuring that the review would reflect the true will of Nigerians.
“Let me assure you that the national assembly will not foist a fate accomplice on Nigerians under the guise of constitution review. No Senator harbours any pre conceptions as to what is to be inserted into the constitution. The constitution is for all Nigerians and not for Senators alone,”
he said. A broad consensus on the 1999 constitution has crystallised around some areas which the senate said included, devolution of powers, fiscal federalism, concept of federating units, the system of local government administration, including funding creation and autonomy, judicial reforms, creation of state, national security, terrorism and insurgency, boundary and further fine tuning of the electoral system. He, however, warned that the review of the constitution without attitudinal change on the part of the citizen could not guaranty democracy, banish terrorism and insurgency, stop corruption, kidnapping or violence. charting way forward professor isawa elaigu, guest speaker at the event recommended among others a 5 year single term of office for the president and governors in the next political dispensation to the admiration of the people. he said this suggestion will stop the despiration of the sitting president and governors to contest and win the second term term all cost and reduce political tension in the country. according the 5 year term will give the elected peresident and governor the oppurtunity to work assisdously during the time frame and contributed meanifully to the socio-economic development of the country and the state.

Friday, July 13, 2012

constitutionreview-use of new media platform recommended

constitution review- use of new media platform advocated qasim akinreti,abuja.
Participants at national media forum on the review of the Nigerian 1999 constitution has recommend the use of new media platform for the popularisation of core areas of amendments to the 1999 constitution. According to the participants drawn from the media and civil societies group, the use of new media platform was in consonance with the international best practices in constitutional reviews in the 21st century. the south africa experience Citing the last constitutional amendment in south Africa as an example , where views of over 5 million south Africans were collated involved the creation of a website and links to blogs, Facebook ,twitter and Youtube accounts. The national forum equally called for the effective monitor of constitution review process to ensure that the core major areas focusing on sustainable development of Nigeria are not thrown out. The national media forum emphasised the need for the use of simple language and translation of the entire constitution in three major dominant languages, namely Yoruba, Igbo and Hausa. It will be recalled that Nigerian deputy senate president Ike Ekweremadu outlined fifteen areas of the 1999 constitution for review. core areas Some these areas are the Immunity clause, the residency and indegenship, Land use act, Devolution of powers, Creation of states, Recognition for six geo-political zones, Role of traditional rulers, Local government administration, Fiscal federalism and State of the Nigerian police And to the the Resident Coordinator of the United Nations Development Programme (UNDP) Nigeria Daouda Toure, it is important for Nigeria to engage the constitutional review in advancing the democratic agenda for development. He stated this in Abuja at national media forum on the review of the Nigerian 1999 constitution that the attempt to review the 1999 constitution must be seen by all and contributed to as such because “the current efforts are one step further towards building sustainable democratic governance”
“It is of critical importance to make the constitutional review agenda a top priority for national discussions and debates through public and private media so that the Nigerian people can effectively engage in the entire process because democracy requires the active participation of citizens”
Maintaining that constitutions are the law par excellence that establish the character of government and define the basic principles to which a society must conform, he emphasized that “democratic participation is a critical end of governance, not just a means of achieving it” On Tuesday, President Goodluck Jonathan received the report of the Presidential Committee on the Review of Outstanding Issues from Recent Constitutional Conferences led by former Chief Justice Alfa Belgore. The president said it “signals a seminal defining moment in Nigeria’s quest for the consolidation and entrenchment of democratic ideals in our nation’s political and governance processes.” media to the rescue The Abuja conference aims to mobilize the media on information dissemination and civic education in the constitution review process and devise strategies for effective media engagement, raise citizen awareness and participation in the constitutional reform process through public and private media and; advocate for increased constitutional recognition for press freedom, access to information and media independence. According to Daouda, the conference was timely but also important “because durable democracies depend on respect for constitutionalism, the rule of law, strong civil societies, and a free press, the lifeblood of democratic politics. The media plays a crucial role in keeping citizens engaged in the business of governance, and healthy political processes require pluralism and open communication. By providing a vibrant and free environment for communication, debate and deliberation, the media helps to establish good governance.” a triparte collaboration In arriving at the theme for this year’s conference, the Democratic Governance for Development (DGD) project of the UNDP said it is in tandem with its objective of strengthening civic engagement in the democratic process. It is being held in partnership with the Nigeria Union of Journalists (NUJ) and the International Press Center (IPC)
The Reporting Advisor of the DGD for Nigeria Mrs. Toyin Gabriel noted yesterday that through DGD’s support,
“all political party leaders represented at the National Assembly as well those aspiring to representation worked together to develop a joint memorandum addressing the legal status of political parties, the professionalisation of their administrations, the strengthening of internal mechanisms for promoting affirmative action, support to women among others. I applaud their work and leadership to arrive at a model memorandum for all political parties across the political spectrum”
a focus administration Before the technical sessions began, the conference was declare open by the Deputy Senate President and Chairman, Senate Ad hoc Committee on the Review of the 1999 Constitution, Ike Ekweremadu while Minister of Information, Labaran Maku gave a goodwill message where he reiterated the present administration’s efforts at deepening the country’s democratic process. ADDITIONAL REPORT FROM THE GUARDIAN NEWSAPAPER.