The Nation Newspaper

Tag: amendment

  • Lagos Assembly faults amendment to 2013 budget

    The lagos State House of Assembly has frowned at the proposal sent to it from the executive seeking an amendment to the 2013 budget.

    In a letter signed by the Commissioner for Economic Planning and Budget, Ben Akabueze, the executive noted that “budget deficit will be increased” to the tune of N7 billion to address the “considerable housing deficit” in the state.

    It was noted in the letter that the proposed amendment would not lead to increase in the budget estimate, but the increment would be sourced through a loan to build 600 units of houses.

    The Committee Chairman on Lands and Housing, Sikiru Osinowo (Kosofe I), pleaded with members to allow his committee investigate the proposed amendment since it is related to housing.

    According him, “the Ministry of Lands and Housing has not been cooperating with us whenever there is need for oversight function to be performed.”

    Supporting Osinowo, Rotimi Olowo (Shomolu I) wondered why the executive could not meet up with the budget as it was passed, adding that “it is imperative to ask certain questions before such a request is granted.”

    Funmilayo Tejuosho (Mushin I) said there is need to know the constraints of the ministries and agencies since, according to her, “a lot of time after passing the budget, the budget committee would still need to go back and re-order it.”

    The Committee Chairman on Budget, Mudashiru Obasa (Agege I), said: “With due respect to Osinowo, this is a special request on a law that we have passed. This has to do with the Committee on Housing. The committee has an oversight function in this regard.”

    Obasa told members: “I have made it known to the commissioner that it is right for him to seek audience with the committee whenever amendment is to be made. What they have given in the letter is not enough for us to take a position.”

    The Deputy Speaker Kolawole Taiwo, however, urged members to restrict the house to the loan aspect, saying “our major concern should be the loan. This has always been the conflict every year.”

    Speaker Adeyemi Ikuforiji mandated the Committees on Budget and Lands and Housing to investigate the matter and report to the House next Monday.

     

  • National honours: Belgore, NBA oppose amendment

    National honours: Belgore, NBA oppose amendment

    A former Chief Justice of Nigeria (CJN), Justice Alfa Belgore, has opposed the removal of the exclusive powers of the President to award national honours to deserving Nigerians.

    Belgore’s position was supported by the Nigerian Bar Association (NBA), the Secretary to the Government of the Federation (SGF) and the Transition Monitoring Group (TMG), among other stakeholders.

    The former CJN, who is the Chairman of the National Award Honours Committee, also disagreed with the exclusion of serving public office holders from getting national awards, as proposed by the amendment.

    Belgore spoke yesterday at a public hearing organised by the House of Representatives Committee on Governmental Affairs on two bills seeking to amend the National Honours Act.

    One of the bills seeks to subject the confirmation of any award on the National Assembly as well as powers to revoke it because of the misconduct of the awardee.

    The bill also seeks to prohibit serving public officers, elected or appointed, from being conferred with the award and increase the fine payable upon conviction from N100 to N1 million.

    Justice Belgore urged the lawmakers to shelve any attempt at stripping the President of the powers to award the national honours on those he deemed fit.

    “It is not done anywhere in the world. It is the exclusive of the President and not the National Assembly. I don’t think this amendment is necessary, because everywhere in the world, it is the prerogative of the President to preside over this award,” he said.

    The retired CJN also disagreed with the exclusion of serving public officers from the award.

    He said: “Why not? The award is meant to recognise those that are deserving and, if those serving merited it, they should so be recognised.

    “It is for recognition, and being so recognised would serve as an impetus for others to want to contribute their quota to nation-building.”

    The NBA aligned with Justice Belgore on the two issues. It noted that limiting the number of awardees to 100 would not be fair to deserving Nigerians.

    The association said the current 450 limit should be left open.

    But the Civil Society Legislative Advocacy Centre (CISLAC) agreed with the amendment that the powers to confirm the award should reside with the National Assembly.

     

  • Senate on constitution amendment

    The Senate Committee for the review of the 1999 constitution last week turned in their report to the plenary.To my utter disappointment, and I guess that of many Nigerians, the proposals as reported in the news were long on sharing of political positions and powers, but very short on new constitutional pivots for the badly needed economic regeneration of our country. The exercise may turn out a waste of time and resources, unless the Senate makes a radical departure from the reported highlights of the committee’s work.

    I had thought that the Senate would use the exaggeratedly advertised constitution review committee’s work to give the states vital legal capacity to engage in economic activities by removing from the exclusive legislative list, the ownership of mines and minerals, railways, labour, fishing, police and prisons and classify them into the concurrent legislative list. Also the report has nothing excitingly new for the ordinary Nigerian, such as enforcing the creation of a national social security scheme or making the provisions of Chapter Two of the constitution enforceable in courts.

    Rather, some of the highlights of the proposed amendments, include one six-year single term for the president and governors, separation of the office of the Attorney-General from the Minister for Justice, abolition of president’s signature for constitution amendment, elevating local government councils as quasi third tier of government, the privileges and disabilities of a vice-president or deputy-governor who succeeds his boss, increased benefits for former heads of the legislative assemblies and similar opportunities in the sharing of political positions and the dwindling national wealth.

    So, if these proposals are all we will get from the legislature, then what may likely happen is that after the amendments, the country will continue its bumpy journey to an eventual collapse. But who will blame the committee members? After all they are shielded from the vagaries of the economy. In their cocoon they are more concerned about provisions on power and wealth sharing, instead of using the constitution for wealth creation. With their bloated and unconstitutional financial benefits forcefully appropriated from our common treasury, many commentators are not surprised that the Senators have shown the lack of mental capacity or the necessary rigour to legislate our country out of poverty.

    As I have argued on this page, there is the urgent need for development as the key impetus for any new law in our country. Luckily, the Senators still have the chance to redeem the situation, when they resume plenary, after their recess. What our dear nation needs is a bold constitutional step to fiscal federalism, even if on a limited scale. First, is to return land ownership to the original owners or at least the states of domicile. Of course he, who owns the land, owns what is on it; and that will result in land owners repossessing the minerals on their land, as against the unconscionable dispossession enunciated in the Minerals Act and the Land Use Act. To stem the drastic impact of a radical departure from the present formula, the process could be graduated over a decade, with the new beneficiaries paying huge taxes to the Federal Government, for the huge infrastructure already in place.

    The most dramatic effect from the exercise will be that states with huge minerals deposits in their domain, but which are currently considered as poor states will have the opportunity to seek for investments to develop those minerals. Again, those states with comparative advantages in other natural benefits and other spheres of human endeavor will be compelled to begin to exploit them, and the necessary economic activities badly needed to stem a failed Nigerian state, will kick-start. Is it not strange that despite pushing for economic activities in the states, the railways and labour for instance are locked up within the exclusive legislative list? While the Federal Government may retain regulatory authorities, the states must be allowed to pursue the conveniences of a modern state.

    In arguing for laws to expedite economic activities, it is incongruous for our constitution to allow the federal agencies to determine the general wage bill of state employees, because it has the exclusive legislative right on labour. The Federal Government should only have the right to determine the national minimum wage, through the national economic council. Also, to foster the protection of the economic activities within the states and local councils, there is the need for local police; and also state exhausted hierarchy of courts, and state prisons. The federal courts should retain appellate authority over fundamental human rights, federal laws and inter-state activities. The federal legislature must wake up and use law making as a normative instrument for economic development; to gift Nigeria a chance to modernity.

     

    Osun’s tablet of knowledge

    It was exciting few days ago to watch the scruffy faces of the rural and the urban children of the state of Osun, as they held up their android (Ope Imo) that will no doubt change their lives. The project if sustained will likely bridge the gap for all the children, regardless of the privileges of birth, with regards to access to knowledge materials.

    I commend Governor Ogbeni Rauf Aregbesola for his ability to conceptualise this project and I urge his brother colleagues to emulate this revolutionary stuff. Again, all the states should invest in the critical competences of the teachers and children at the foundation levels, to train minds that will grow to thoroughly utilise the modern gifts of technology; and locally develop new ideas.

     

     

  • Constitution amendment cosmetic, says Uranta

    Constitution amendment cosmetic, says Uranta

    What is your reaction to the public hearing on constitution amendment by the National Assembly?

    I was part of a Presidential Retreat for civil societies where papers were presented by Justice Belgore, the Director-General of the Nigerian Institute of Advanced Legal Studies, Deputy Senate President, Ike Ekweremadu, Deputy Speaker of the House, Emeka Ihedioha and even an address which was very cogent made by the President, both at the opening and at the end. At the retreat, very prominent civil society leaders, professional association leaders, including the President of the Nigerian Medical Association, Nigerian Bar Association, National Council of Women Society, youths and different groups made presentations and it was consensually understood that we all were in favour of, not of a constitutional review per se but, a national conference or dialogue at which the peoples of Nigeria will sit down, discuss the basis for mutual co-existence. We made a case for referendum to herald a peoples’ constitution. It was at this point that the leadership of the house stood up to say that there was no provision in the constitution for a referendum and that they do not see why they as ‘representatives’ of the people, having being allegedly, putatively voted for by the people, could not deliberate on behalf of the people and whatever the deliberations be seen as a national conference or quasi-national dialogue as having represented the people.

    Does that mean that the National Assembly is against national conference?

    They said there was going to be a national dialogue worked out by a National Assembly. As far as I was concerned, it was not the position we wanted. Therefore, we did not make too many winds about it. As it had stood out, we had anticipated this process that the national assembly had gone through and wanted to make us believe is a genuine reflection will be at the end of the day a genuine full reflection of the Nigerian peoples will and wishes. But as it is, it has shown that it cannot be. To start with, I attended all the hearings at the constituency level, senatorial and zonal and I am telling you that there were a plethora of prayers being made which all cannot be heard in about six hours. How do you find out what people want within six hours or even if we start 12 midnight and end 12 midnight. It will be impossible for the people to fully voice a position whether united or not that will be so clear to allow you to distill all and articulately represent the wishes and will of the Nigerian people. Whereas a national conference would presume that whoever or however they are elected to represent any constituent part of the country would have carried out this same thing that we went through and the national assembly went through which is a bit of a charade carried out in less than one day would have done so over a period of weeks, months . People will submit positions, they will be debated, reviewed and they would be slept on and returned for debate and the final position will be arrived at at the constituent level and to the state level. After this, you will now come to the national conference.

    The national conference from our experience is the one that was done by civil societies under the aegis of PRONACO which I was a Chief Officer or say the one that was done by the government of President Obasanjo . It will take days and weeks of deliberating solely on those issues that are brought on the table by the different constituents parts whereas even these submissions both verbal and written that were supposedly captured by the national assembly through this ongoing process will not and cannot be the only subject of discussion of the national assembly unless they want to seize to carry out the functions which they swore to carry out when they became members of the national legislative. As lawmakers, they have oversight duties which means that each and everyday issues will be thrown up at legislative levels. If they concentrate only on issues they supposedly have captured through the verbal and written submissions of the people through this quasi process that cannot fully capture all that the people want and the people will come in there and talked haphazardly because they have not had time to consult even within the lowest level of the constituency and arrive at a common position which you must encourage for a national conference. The national assembly is now going to pay only a half hearted attention, if half at all to the issues that the people have submitted. I therefore want to submit that the process can not therefore bring a proper or the best document or with the reviews they are bringing .

    Can this process lead to genuine constitution amendment?

    I will not condemn it outright. Why? Because there are two issues prayed at the retreat that the legislature should do and from submissions at the hearings, I know that the NBA and others emphasised it. People are saying that Chapter Two of the 1999 constitution should allow room for Nigerians to make provisions justifiable by giving opportunities for them to sue the government for breach of the fundamental objectives as a breach of human rights. Then, they are saying that a law should be enacted that will make any future constitution subjectable to a referendum of the people before it can become a constitution. I am not saying that the reviews or whatever is gathered now should be subjected to a referendum. That will be unconstitutional because there is no space for referendum in our constitution, but we are asking them to amend this constitution, including at the very least those two items.

    What do you want the amended constitution to achieve?

    I am now speaking from the national common good point of view. Of course, the Niger Delta, the Southwest and even the Northeast; even recently, the Zamfara State governor said that he wanted a truly federal system in the country. The oil mineral producing parts of the country have said that they want the derivation clause to be amended to accomodate the setting up of a national derivation board that will be able to share the 13 per cent that is set aside directly to the oil mineral producing communities so that those money will not continue to be used by different shenanigans of the governors whom we have learned from both past and present use the money mainly in pursuing either their own personal political gratification interests or things that are not sufficiently beneficial to the people of the oil community. Now that’s one area. Of course, the people of Bakassi are saying that they want to be resettled or that they want independence to be called Amazonia. However, I want to believe the National Assembly has the good interest of Nigerians at heart but then as happened most places with not ‘Made here syndrome’ and not welcoming of any process that will supposedly challenge what they call ‘sovereignty’ but we must say again that sovereignty resides in the people. Whether the national assembly fully represent all the people of Nigeria is another debatable issue for another time.

    In the wake of all these, how close are we to the convocation of a national conference?

    I think we are very close. When the PRONACO existed, to my knowledge, PRONACO became comatose and all its principal officers except a few pretenders and they have not met even before the passage of the late sage, Pa Anthony Enahoro. Even that time, there wasn’t consensus. It was more of a sovereign proboscis with a few Northern interest joining in. Now with the National Summit Group (NSG) creation, when it took off publicly in February, there were few protest that it was not representative of the nation and those protests were backed with claims that certain group were not present or were not invited or did not make a relevant input. Since that period, the NSG have been Kris crossing the nation with different groups like the Ohanaeze Ndigbo, Afenifere, Arewa, Middle Belt Union, Eastern Mandate, OPC, Niger Delta Youths, IYC, different ethnic groups, NBA and other civil societies even diplomatic missions. And by the meeting we had before this last one, everybody had bought into it. Why I said everybody is that if I take major ethnic groups that has organised representations, like the Igbos have the Ohaneze and MASSOB, the Yoruba have Afenifere and the OPC. The North has the Arewa Consultative Forum, Arewa Youth Consultative Forum.

    There is the Middle Belt Forum and so on. The Niger Delta too has different groups too that are fully represented. We have traverse far and near, we have met with the leadership of all this group and they have all sent their members to different meetings. At the last meeting of the National Working Council, we had representatives even if some area seems to be more represented. For example, those that represented the South West, some of them didn’t belong to the same group. We had an Awolowo, an Akintola, we had the Fasheun and in all, it was a diversity that represents the commonality of the people and so also the North. We have one of the trustee of Arewa who is also the Chairman of the NSG, Alhaji Tanko Yakassai. We have a member of the North Eastern Progressive Union, Engineer Bunu among others. What I am trying to say is that we are carrying along nearly everybody.

  • Constitution: NBA faults amendment process

    Constitution: NBA faults amendment process

    The Nigerian Bar association (NBA) has expressed reservations about the process adopted by the National Assembly to review the Constitution.

    Inaugurating the NBA Committee on Constitutional Review and law Reform and the NBA Rule of Law Action group committee in Abuja yesterday, the association’s President, Chief OkeyWali (SAN), said the bar is not comfortable with the process.

    According to him, there is no clear agenda or known methodology in the ongoing process.

    Besides, he noted that the one day public hearing session to be held simultaneously in the 360 federal constituencies on November 10, as proposed by the House of Representatives, cannot produce anything meaningful to the amendment of the 1999 constitution.

    “We have decided to attend but without prejudice to our reservations on the inadequacy of the process and on any attempt to any claim to legitimacy if Nigerians are not given the opportunities in the future to effectively participate in the amendment of the 1999 constitution.

    “We will continue to call for referendum, at the final stage of the process, thereby giving the average Nigerian a say in the amendment”, he said, adding also that, “Only then could any legitimate claim be made to it being a constitution by we, the people of Nigeria”.

    Wali said referendum is the ultimate consultation with the people of Nigeria, not a one day gathering in federal constituencies.

    According to him, NBA is of the view that the 1999 constitution, as it is, cannot sustain the present democracy in the country, adding also that: “the 1999 constitution contains good provisions however, it also contain weak and obnoxious provisions and equally admits of several lacunae. Above all, the constitution has legitimacy burden”.

    Wali said NBA recognizes that achieving appropriate legal framework is an important component of sustaining reforms and economic development and charged the committee to, not only identify laws that have become outdated but to also formulate new ones that will aid economic development.

    The twelve-member committee, led by Charles Edosomwan (SAN) is expected to look at the federalism, supremacy of the constitution, devolution of power, strengthening institutions that consolidate democracy, judicial and justice sector reforms, electoral systems reform, local government system reforms, state creation, regionalism, fiscal federalism and socio-economic rights.

    The committee will engage in strategic consultation with other actors in the judiciary.

     

  • CIBN flays amendment of CBN Act

    CIBN flays amendment of CBN Act

    The Chartered Institute of Bankers of Nigeria (CIBN) has said that the proposed amendment of the Central Bank of Nigeria (CBN) Act would jeopardize the membership composition of the Board.

    CIBN President, Segun Aina said the proposed bill will reduce the impact of the CBN’s management on the board’s decisions, as it will create situations where only one member of its management, the Governor, sits on the CBN’s seven man board.

    He said that currently, five members of the management of CBN, that is, the Governor and Deputy Governors, sit on a 12 -man board.  This, he said, does not augur well for good governance and management succession.

    The board composition proposed by the Bill increases the number of direct government officials on the CBN Board from two to five despite the almost 50 per cent reduction in the board’s size. “Consequently the new composition would create the perception of a government majority on the Board.  This is capable of undermining the “independence” of the CBN and may lead to unintended consequences,” he said.

    According to him, the situation where the Governor acts as Chairman of the CBN’s Board is aligned to international best practice and is designed to support the independence of the CBN. Such independence, he explained, includes the authority of the apex bank to manage or handle its own operations without excessive involvement of the government.

    Such practices, he maintained, exists in many countries including Australia, Belgium, Canada, Germany, Japan and Netherlands, India, Korea. The same is true of other African Countries such as The Gambia, Ghana, Botswana, Zambia, Kenya and South Africa.

    “A survey of many Central Bank Boards, in countries at various levels of development revealed that, without exception, the Central Bank Governors act as Chairmen of the Boards of Central Banks. It is also pertinent that, in Mexico and South Korea, there are no external Directors, as their Central Banks Boards consist of solely the Governor and a number of Deputy Governors,” he said.

    Aina said many Central Bank laws set out qualifications for board members that are designed to reduce the risk of conflicts of interest. He added that board members could come from different backgrounds but must not be delegates of special interest groups. Also, some countries have mechanisms, which ensure that a wide range of political interests are involved in the appointment process and enhance, the legitimacy of the board.

    He said the ability of the Central Bank to speak out, if needed, and possibly on critical issues with respect to economic and budgetary policies, might also be impaired if the Governor, or the other members of the board are subjected to restrictive controls and this might be interpreted as political interference.

    He said the subsisting CBN Act is a product of several rigorous efforts to align with international best practices, adding that the independence and autonomy of the apex bank must be guaranteed to ensure effective execution of its mandate.

    “In this era of globalization, Nigeria cannot afford not to follow well tested and enduring global trends and practices. A truly independent and autonomous Central Bank of Nigeria has become more imperative for the integration of the Nigerian financial and economic systems with the rest of the world, and it is therefore necessary that the independence and autonomy of the Central Bank be strengthened to ensure it effectively, efficiently and successfully executes it’s very important national mandates in the interest of the economy and the citizenry,” he said.

  • Why constitution amendment is imperative, by Mark, Ekweremadu

    Senate President David Mark yesterday said the amendment of the 1999 Constitution became necessary, following various contradictions and inconsistencies.

    Mark spoke at a Public Hearing on the Review of the 1999 Constitution by the Senate Committee on Constitution Review in Abuja.

    He said Nigerians agreed that the 1999 Constitution is far from perfect.

    The situation, Mark said, has brought complaints from Nigerians.

    The Senate President said the clamour for a review of the Constitution made the Sixth Senate to inaugurate a review committee in May 2009.

    He said last year’s general elections and the other elections thereafter became the instant beneficiaries of the amendment in 2010.

    “A realisation that impunity can no longer be condoned in our electoral system has been enthroned, even though I concede that our elections are yet to attain an absolute degree of perfection. I believe with time we will get there.”

    The Senate President said the review of the Constitution is work-in-progress, a fact which prompted the Seventh Senate to continue the unfinished task of constitution review.

    “The new Senate Committee on the Review of the 1999 Constitution (SCRC) embarked upon its task with zest.

    “And since constitution review is too serious a business to be left to politicians alone, the SCRC at once called for memoranda from the public.

    “I have been informed by the chairman that the response was enthusiastic.

    “Today, the SCRC has invited Nigerians to a public hearing on those identified areas distilled from received memoranda.

    “I am overwhelmed to see, gathered under this roof, an impressive array of citizens, drawn from all walks of life, eager to make suggestions and contributions to our search for the way forward.

    “Your patriotic and enthusiastic response is evidence once more that our people desire to live in a democratic, united and prosperous Nigeria , governed in accordance with constitutional norms.“

    In reviewing the constitution, Mark said the National Assembly will hold certain fundamental ideals sacrosanct and will resist any attempt to erode them.

    “Any constitution worth its salt, must guarantee periodic elections, fundamental rights, a system of checks and balances, the principle of separation of powers, a vibrant legislature, a dynamic executive, an independent judiciary, and a free press.

    “We will work to deepen these fundamental principles, and to strengthen the institutions which guarantee them,” the Senate President said.

    Mark called for attitudinal change by Nigerians to make the constitution work.

    He said: “At the risk of sounding like a broken record, may I re-emphasise that we must pursue attitudinal change concomitantly with constitution review.

    “Constitution review alone guarantees nothing, without a renewed civic consciousness.”

    Deputy Senate President Ike Ekweremadu said the National Assembly is following in the step of well established democratic tradition that when a constitution, or any law for that matter, falls short of salient provisions that guarantee and promote the constitutional needs of a polity and the aspirations of the people, such constitution is reviewed.

    According to him “laws are made for man, not man for the law.”

  • Constitution amendment ‘ll address challenges, says Ekweremadu

    Deputy Senate President Ike Ekweremadu has assured Nigerians that the on-going Constitution amendment would address the challenges facing the nation.

    Ekweremadu, who spoke in a goodwill message to mark the nation’s 52nd Independence Anniversary also urged Nigerians to support the project.

    On the setbacks suffered by the nation in its post-independence history, Ekweremadu regretted that “some basic constitutional frameworks laid by the founding fathers to engender a peaceful, united and prosperous nation had been gravely distorted.”

    But he assured the people that the National Assembly was poised to re-engineer the 1999 Constitution to restore the nation on the path of true and irreversible greatness.

    He said the national public hearing on Constitution review would hold on October 11 and 12 in Abuja.

    He listed issues for consideration to include devolution of powers among the tiers of government, fiscal federalism, state creation, the Police, local government system, rotation of executive offices, residency and indigene provisions, immunity clause, recognition of the six geo-political zones as well as Executive and Judicial reforms.

    These, he said, were informed by the memoranda submitted by Nigerians to the committee.

    He urged Nigerians to seize the opportunity of the public hearing and the amendment process to speak on the way forward for the nation.

    Ekweremadu enjoined leaders and the citizenry to “invest total political will, patriotism, altruism, and fair-mindedness in the ongoing project to make Nigeria a better place for this and future generations.”