Tag: Constitution

  • Issues that should drive constitution review

    I welcome you all to Lagos. Let me start by thanking you for your commitment to the ongoing process by the legislature to review the Constitution of the Federal Republic of Nigeria. I must also state that Lagos State has always responded and participated in several review exercises and calls for amendments of our Constitutionas initiated in the past by the National Assemblies in 2005,2009 and 2011. We will continue to do so.

    The defining feature of federalism is the autonomy and recognition of the separateness and independence of each government that makes up the Federation. If this is true, we must therefore ask ourselves these salient questions:

    1. Why should States be precluded from performing several important Constitutional responsibilities?
    2. Why does the Federal Government hold legislative and executive powers on matters of local concern which over-stretch its administrative and supervisory abilities?

    iii.Why should the Land Use Act, NYSC Act, Code of Conduct Act form part of the Constitution?

    iv.Should we not have a sharing formula that ensures that States and Local Government Councils are empowered to discharge their Constitutional responsibilities? We need to be truthful and frank about fiscal federalism.

    1. Should the Constitution not confer power on State Houses of Assembly to establish State Police with clear jurisdiction and well-articulated protocols for the regulation of its relationship with the federal police?

    Ladies and gentlemen, these questions are at the centre of the issues Lagos State wants addressed in this constitutional review. We must identify and address the provisions in our constitution which have become stumbling blocks in the spirit of true federalism and in our efforts to fully realise our potentials in all sectors of the nation.

    Some selected areas identified by our State for amendment are as follows:

    The Executive List and Devolution of Powers

    We believe that the principle of appropriateness should guide the sharing of powers between the federal and state governments. Our political experience and long era of military rule has resulted in the Exclusive Legislative List being tilted heavily in favour of the Federal Government at the expense of the State Governments.

    The effect is that whilst the States are precluded from performing several important constitutional responsibilities, the Federal Government is equally unable to function effectively as it holds legislative and executive powers on matters of local concern which over-stretch its administrative and supervisory abilities.

    Land Use

    It is the position of Lagos State Government that the Land Use Act be separated from the Constitution and made applicable only to the Federal Capital Territory.Land has always been and should remain a residual matter for the State Houses of Assembly to legislate upon, hence the Land Use Act should become Land Use Law of the States.

    Revenue Allocation/Special Status

    The current revenue allocation formula by which the Federal Government takes as much as 52.68% of centrally-collected revenues in the Federation Account, leaving the States and Local Governments with 26.72% and 20.60% respectively has created a glaring and unacceptable imbalance in the financial resources of the three tiers of government.

    The sharing formula should be limited to Federal and State governments. Since Local Governments are to come under the purview of the States, allocations to them should be shared to States as they can have as many Local Governments as they wish. The 774 formula is inequitable.

    We also strongly posit that Lagos State be granted a special status in the proposed Constitutional amendment being the former federal capital territory of Nigeria, the economic and commercial nerve centre of the Nation, taking into cognisance of the high population density and continuous influx of people into it.

    State Policing

    Over the years, the Federal Government has been unable to prioritise and provide the resources that are necessary to pay, equip and train policemen to the level required by the challenges they face. With about 300,000 policemen to a population of more than 140 million (a ratio of 1 to 467), it is obvious that Nigeria is grossly under-policed.

    These inadequacies are most keenly felt in the more populated areas of Nigeria like Lagos and in spite of a growing army of educated job seekers flocking the cities, this inadequacy in the number of policemen has not been remedied due to funding constraints and administrative inefficiencies of the Police Force itself.

    For a State like Lagos, the problem is particularly acute. With a population of over 22 million people and the most rapid population growth profile in Nigeria, the inadequacies of the security system have been most keenly felt. We have had to take some radical steps to aid the force and bring succour to our people.

    We have had to inject huge financial resources to support all security agencies in the State. However, this level of involvement is still inadequate, mainly because the State Government has no influence over the number of men recruited for or deployed to Lagos State and the operational command of the force within the State.

    It is the position of Lagos State Government that the provision of Section 214 (1) should be amended allowing the States to establish their own State Police Service.

    Federal Land Registry

    It is an aberration for the Federal Government to continue to operate land registry in Lagos State. The Federal Land Registry which was established when Lagos was Federal Capital Territory ought to have been closed down and all title therein moved to the Lagos State Land Registry. The National Assembly is urged to look into this and correct this anomaly.

    I will also like to seize the opportunity of this occasion to express to you the imminent dangers inherent in the proposed Stamp duties Bill which no doubt seeks to cripple the internally generated revenue due to States in the federation in favour of a Federal Government Agency- NIPOST.

    The Bill is presently before the National Assembly and it is a grave threat to the principles of fiscal federalism and as representatives of the true beneficiaries of the Act as it presently stands, there is need to put an urgent and immediate end to its further coordination by the National Assembly which also has the noble tradition that once a matter is before the Court, all activities on the matter would be suspended. Lagos State Government in Attorney General of Lagos State Vs Attorney General of the Federation has approached the Supreme Court on this matter.

    The Lagos State Government is committed to transforming Lagos into a thriving State where the quality of the lives of its citizens is guaranteed through legal parameters. It is therefore our hope and earnest expectation that the proposed amendments will be given due consideration.

    On this note, I have the great pleasure of declaring this retreat open and wishing you a successful deliberation.

    I thank you for your attention.

    Itesiwaju Ipinle Eko lojewalogun

    • Mr. Ambode, the Governor of Lagos State, delivered this speech to the Constitutional Amendment Committee of the National Assembly last week in Lagos.

     

  • Constitution review begins Tuesday

    The Senate yesterday scheduled Tuesday for the commenecement of the clause-by-clause consideration of items adopted by its committee on constitution review.

    Senate President Bukola Saraki spoke following the submission of the report of the constitution review by Deputy Senate President Ike Ekweremadu.

    Saraki mandated Clerk of the Senate Nelson Ayewor to ensure that copies of the report were circulated to senators to enable them to study the report.

    He encouraged senators to use the weekend to study the report so as to contribute meaningfully during the debate.

    He said accelerated consideration and approval of the report would enable the National Assembly to transmit clean copies to the State Houses of Assembly for their input.

    Ekweremadu who laid the report said that it was the outcome of the joint sitting of constitution review committees of the two chambers of the National Assembly.

    Chairman, Senate Committee on Media and Public Affairs, Senator Aliyu Sabi Abdullahi told reporter that there were about 26 bills in the report.

    He said the essence of breaking the report into bills was to ensure that the rejection of one would not after others.

    He said the bills have been carefully crafted.

  • Constitution review: Reps panel okays financial independence for councils

    Constitution review: Reps panel okays financial independence for councils

    •States get more powers 

    The House of Representatives Special Ad-hoc Committee on constitution review has approved the cancellation of the state and local government joint accounts.

    Each local government council, according to the proposed amendment, is empowered to maintain its own account into which shall be paid its allocation from the Federation Account and the state government.

    Members of the committee yesterday endorsed the letters of the Bill for an Act to alter the provision of the 1999 Constitution to strengthen local government administration.

    According to the lawmakers, development at the rural areas across the local government areas requires financial independence.

    The over 50 members committee at a meeting chaired by Deputy Speaker Yussuff Lasun yesterday said the new amendment makes it mandatory that disbursement from the account can only be made base on  a Bye-Law of the Local Government Council.

    A statement from the office of the Deputy Speaker said: “This is aimed at granting financial autonomy to the local government councils and strengthening separation of power at that level.”

    The statement added that the committee also heeded the call for true federalism and restructuring of the country by granting the devolution of powers to state governments.

    It said the committee adopted an amendment that “any person who has been sworn-in as President to complete the term of a person elected as President shall not be eligible to contest for election into such office for more than one single term”.

    Also endorsed by the committee was “the bill for an Act to alter the provisions of the 1999 Constitution to provide for independent candidacy to contest elections at all levels in the country”.

    The lawmakers okayed proposal for financial autonomy for Houses of Assembly and judiciary directly from the Consolidated Revenue Fund (CRF) of the state and for related matters.

  • A knock on the constitution

    SIR: The constitution of a country is her original and first voice. It is a set of rules and regulations that guide the actions and ways of life of a particular group of people, occupying a definite territory. It explicitly spells out how the people, their leaders as well as others within her coverage, should respond to circumstances as they unfold.

    The recent letter from President Muhammadu Buhari to the National Assembly that Vice President Yemi Osinbajo “coordinate” the governance of the country during his absence, is a disguised scourge on our constitution.

    Nigerians must understand that a wrong seed will never produce the right fruit even if watered with honey. We must learn to do the needful, uproot the evil seed and avoid future havoc. In 2008, the then President of Nigeria, Umaru Musa Yar’Adua left the country to attend to his health palaver, he ignored section 145 (1) of the 1999 Constitution (as amended). He left the country without the constitutional blessings.

    President Buhari must be seen to respect the constitution and address the vice president properly as acting president. If we are out to fight corruption, then we must not allow our sword go blunt. The constitution is the strongest weapon to win our fight against corruption but when little issues such as this are swept under the rug, our chances for victory will be maggot-eaten.

    As leaders, it is our responsibility to lead by example and not by mutiny. No doubt a fetus belongs only to the mother; however, after the journey from the labour room is successful, the child belongs to the society. The National Assembly births the constitution yet the society is vital in the parenting. An ignored misconduct towards the constitution will be the hatch egg of tomorrow’s rebellion.

     

    • Uduma Obasi,

    University of Benin.

  • Osinbajo’s interpretation of Section 171 of the Constitution

    SECTION 2 (3) of the Economic and Financial Crimes Commission (Establishment) Act, 2004 unequivocally provides that the EFCC shall have a chairman who “shall be appointed by the President and the appointment shall be subject to confirmation of the Senate.” The Muhammadu Buhari administration complied with this provision by sending Ibrahim Magu’s nomination to the Senate for confirmation. That was way back on November 9, 2015, when President Buhari appointed Magu as chairman of the EFCC in an acting capacity.  The Senate found it difficult to confirm him as it allegedly found putrefying skeletons in his cupboard. Nevertheless, the President re-presented Magu’s nomination twice to the Senate, to no avail. As no flicker of light could be seen at the end of the tunnel in spite of the fervid efforts by the Buhari administration to retain Ibrahim Magu at all costs, the Presidency decided to devise a legal stratagem.

    The brilliant and piquant-witted Professor of Law, endowed with sharp, appetizing intelligence, who is also a Senior Advocate of Nigeria (SAN), Yemi Osinbajo, Nigeria’s Vice-President (and now acting President), came in handy as he threw his big hat into the Senate-Magu ring and suggested that, in view of the provisions of section 171 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the President should not have sent Magu to the Senate for confirmation, in the first place, relying, in all probability, on paragraph (d), subsection (2) of that section, according to which the President is empowered to appoint and remove certain officials specified in subsection (2) of the said section 171 without reference to the Senate. In view of the esteemed source whence this argument emanates, there is a compelling need to quote that section in extenso.

    “Section 171 (1): Power to appoint persons to hold or act in the offices to which this section applies and to remove persons so appointed from any such office shall vest in the President” (underscoring mine).

    “The offices to which this section applies are, namely,

    (a) Secretary to the Government of the Federation;

    (b)Head of the Civil Service of the Federation;

    (c)Ambassador, High Commissioner or other Principal Representative of Nigeria abroad;

    (d)        Permanent Secretary in any Ministry or Head of any Extra-Ministerial Department of the Federation howsoever designated; and

    (e) any office on the personal staff of the President.”

    The underscored paragraph (d) of this section, on which Osinbajo most probably relied, does specifically mention the EFCC, and it is anathema to smuggle any extraneous matter into the Constitution, the grundnorm of the Nigerian legal system.

    It would be pertinent here to distinguish an “extra-ministerial department” from a “Commission”, which the EFCC is. No one can apply any of the various canons of statutory construction to equate “an extra-ministerial department”, usually tied to the apron strings of a particular Ministry, such as the National Institute for Freshwater Fisheries Research (NIFFRI), with a “Commission”, such as the Independent National Electoral Commission (INEC), established with in-built autonomy, to perform an assignment of national, in contradistinction to a particularistic, interest. The EFCC cannot, and should not, be to the Ministry of Justice what Radio Nigeria is to the Ministry of Information and Culture, or what a General Hospital is to the Ministry of Health, for instance!

    While “an extra-ministerial department” (mentioned in section 171 of the Constitution) is a miserable appendage of a Civil Service ministry and is usually susceptible to the whims and caprices of its political head, the minister, a “Commission” is a well-neigh autonomous or fully autonomous institution, headed by a puissant functionary (chairman), vested with substantial powers to carry out certain functions of national interest. Such a chairman (like the chairman of INEC, for example) is NOT a lickspittle or toady in his relations to the President by virtue of the latter’s powers to appoint and remove the former. This explains why all the five commissions and councils created by section 153 (1) of the Constitution are headed by chairmen appointed by the President, subject to confirmation of the Senate, under section 154 thereof.  If the Constitution, in section 154, provides that all the chairmen of corporations must be appointed by the President, subject to confirmation by the Senate, one wonders why the chairman of INEC should be the odd man out.

    Section 154 (1) of the Constitution shows, irrefragably, that the chairmen of all commissions, including, those five mentioned in section 153 (1) of the Constitution and, ipso facto, those created by statutes (such as the EFCC Act), must enjoy the confirmation of the Senate to sustain the principle of separation of powers enshrined in sections 4, 5 and 6 of the 1999 Constitution (as amended), and to bolster the courage of such chairmen.

    Imagine if the President was empowered to appoint and remove the chairman and other members of INEC, a commission charged with the responsibility of acting as an umpire in the electoral process of which the President and his political party are beneficiaries, without reference to the Senate, a chairman owing absolute allegiance to his sole appointor, the President! The relationship between the EFCC and the Ministry of Justice is no more intimate than the relationship between the Central Bank of Nigeria (CBN), a national institution, and the Federal Ministry of Finance. Section 8 of the CBN Act, 1958 (as amended by the CBN Act 2007, are in pari materia with section 2 (3) of the EFCC Act. That tenuous relationship between the Ministry of Finance and the CBN does not make the latter an extra-ministerial department of the former!

    To suggest that section 2 (3) of the Economic and Financial Crimes Commission Act, 2004, which insists that, while the President appoints the chairman of the EFCC, the Senate must confirm the chairman’s appointment, is inconsistent with the provisions of section 171 of the 1999 Constitution (as amended), is to fly in the face of the in-built checks and balances provided in the constitution to preclude the exercise of arbitrary power and, a fortiori, to affront the principle of separation of powers.

    Such an eerie suggestion, with the profoundest respect to the respectable and learned acting President, who, incidentally, was also my former lecturer, is contra publico (against public interest) and a recipe for authoritarianism and tyranny, characteristics of which are already being wantonly exhibited with nonchalant abandon! Besides, such a suggestion will exacerbate an existing situation whereby the EFCC’s acting chairman, Ibrahim Magu, torments the real and perceived enemies of his appointor, the President, by arresting, and keeping arrested, people (such as Col. Sambo Dasuki) in Nigeria’s equivalent of the Gulag archipelago for days, months and even years on end, without trial, contrary to the entrenched provisions of the constitution. Additionally, and finally, such a suggestion could never have been in the contemplation of the draftsmen of the constitution!

     

    • Verbum sat sapienti est.

    Akiri is a Lagos based attorney.

  • How democratic is the 1999 Constitution? 3

    To say that the 1999 Constitution has become an albatross is to say the obvious

    It seems to have been reserved to the people of this country to decide . . . whether societies of men are really capable or not of establishing good government from reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force.—Alexander Hamilton
    Every central government worships uniformity: uniformity relieves it from inquiry into an infinity of details.—Alexis de Tocqueville

    In the last piece, we argued that the authors of the 1999 Constitution failed to include the people in deliberating about the kind of constitution they would prefer. In other words, the constitution was not a product of agreement among citizens but an imposition from above. This omission has led to creation of a constitution that has failed to meet the standards of a democratic constitution: institutionalization of equality and liberty subscribed to directly by the people by way of referendum or agreement by duly elected delegates or representatives of the people. Today’s focus is on specific ways in which the 1999 Constitution has failed to meet the expectations of many of the nationalities in the federation about institutionalized equality and liberty.

    In the 1960 Constitution, for example, equality takes two forms: equality of individuals and equality of regions. Equality of persons includes one-man-one-vote principle and equality before the law. With respect to the regions, each region is given its own powers that cannot be arbitrarily taken over by the central government in the name of federal legislative supremacy which is ubiquitous in the 1999 Constitution and in the 1979 version that served as template for it. Powers of the central government are about 12 on the exclusive list of the 1960 Constitution while regions (forerunners of states) had many concurrent functions and residual functions not subject to override.

    For example, in the 1960 Const

    itution that grew out of attempts in 1951 to consult citizens and their representatives about the constitution of their choice, the central government has the following powers: Making grants of money, Implementation of treaties, Income tax and estate duty, Trade and commerce, Banks and banking, Electricity and gas, Authority to administer trusts and estates, Exhibition of cinematograph films, Exemption from Regional taxes with respect to mining, and Evidence.  But in the 1999 Constitution, the Exclusive Legislative List  ballooned from 12 to 68 items which range from railway to registration of business, without any room for residual functions and with the power of the central government to override the 30 items on the Concurrent legislative list.

    Basically, the states under the two constitutions supervised by military governments: 1979 and 1999 have been emptied of the power to have control over their affairs. It needs to be added that unlike in the 1960 federal constitution, the 1999 Constitution gives the central government the power to allocate funds to states and local governments from monies collected into the Federation Account, thus making it possible for some states to collect more than they put into the joint accountand other states to collect less than they put into it, all in the name of even development and quest for unity. For example, persons who have visited both Lagos and Kano cannot but squint while reading newspaper reports of larger allocation of funds to Kano than to Lagos.

    Consequently, the principle of shared governance under the 1960 Constitution was destroyed by the 1999 Constitution. This is enough for citizens who experienced active governance at the regional level between 1960 and 1975 to feel alienated under a constitution that has reduced the states to mendicants running after handouts from a central government which has the function of dispensing funds from the Federation Account. Funds pooled into the federation account is divided among states not on basis of productivity but largely on basis of landmass and population of each state. This is regardless of undying controversy over census since 1960. Further, local government creation which used to be exclusively under the jurisdiction of regions are cast in stone under the 1999 constitution.

    As a result, all the changes in the relationship between central and subnational levels of government in the 1999 Constitution destroyed the principle of equal opportunity among the four regions to the extent of making citizens feel that their states have been turned into colonies of  the central government. Again, the consequence of this arrangement is alienation of citizens from governance. Citizens in states that are not lucky to have supplied the principal executive officers and their legislative counterparts perceive themselves as orphans of the federal republic. Such citizens, regardless of their social status feel frustrated and suffocated by a constitution that they feel has denied them of the liberty experienced under the pre-1966 constitution. States are turned into cry-babies who make a career of shouting against marginalization.

    Similarly, the concept of liberty, which under the 1960 constitution recognized the human rights of individual citizens and regions to have control over their affairs, seems to have been compromised in the 1999 Constitution.  Having rendered Chapter II: Fundamental Objectives and Directive Principles of State Policy non-justiciable, the 1999 Constitution, reads more like a memorandum of agreement between two business partners: the central government as major investor and the states as minor investors.The memorandum not only gives the largest share to the central government, it also empowers it to share dividends to states without any recourse to the contribution each state makes to the success of the business.

    To say that the 1999 Constitution has become an albatross around the neck of the nation and the nationalities that constitute it is to say the obvious. Since almost two decades of its existence, many citizens—high and low—having been calling for restructuring and people’s constitution in the belief that the 1999 Constitution had de-federalized the country in a way that makes the country unstable and economically stagnant.

    Now that the country is at its lowest ebb economically is a good time to pay attention to those calling for re-federalization of the polity and economy. Reading ulterior motives into every call for restoration of federalism will only amount to distraction from the real problem. For example, efforts by partisan pundits to devalue AtikuAbubakar’s call for restructuring as campaign rhetoric ahead of the 2019 presidential election are unnecessary. If potential candidates from the northern part of the country that has been very resistant to demand for a new constitution are now ready to join the conversation about imperative of re-federalization, it is wise to give such politicians the benefit of the doubt. The conviction of the Atikus in the country should be encouraged, as doing so will encourage more of such believers in the role of federalism in development of a multiethnic nation in all regions of the country to join the national debate about how to re-design Nigeria for peace, harmony, and sustainable unity, peace, democracy anddevelopment.

    Finally, the column welcomes formalization in a book form of General Alani Akinrinade’s decades-long conviction about the inevitability of federalism in a country of huge religious and cultural diversity as Nigeria. The General’s recently launched My Dialogue with Nigeria brings to focus his bravery as a soldier during and after the civil war as many of his military compatriots acknowledged a few days ago in Lagos. In addition, Akinrinade’s views on the need for re-federalization to enable the entire country enjoy benefits of the nation’s survival of the civil war in which millions of citizens perished, all in the belief that Nigeria was worth saving is in order. For someone who had participated in the civil war heroically and taken part in many of the governments that de-federalized the country, it is a mark of high intellectual courage and humility (qualities that had never been new strange to him)  to acknowledge in a book that de-federalization of the country through enthronement of a unitary constitution masquerading as a federal oneis not a wise thing to do by anyone who wants a peaceful, harmonious, united, and pro-development multiethnic Nigerian federation. With such avant-garde political views coming not only from Akinrinade, Atiku, and many of the country’s leading politicians at the recent book launch, the new challenge is to turn the debate about federalism into a search for the type of constitution the country needs.

    • To be continued
  • Amend constitution to guarantee council autonomy, says Akande

    Amend constitution to guarantee council autonomy, says Akande

    Local government councils will be accountable to their people, if they are elected. Caretaker committees are only accountable to their appointing authorities.

    A former Chief of Staff to Oyo State governor and Visiting Professor of Political Science at Igbinedion University, Okada, Edo State,  Adeolu Akande,  has advocated local government autonomy as the panacea to the problem of local government administration in the country.

    Akande, who was a guest on a television programme monitored in Ibadan, the Oyo State capital at the weekend, said the local government system has failed to achieve the objective of grassroots development because of three factors.

    He listed these as lack of autonomy, direct financial allocation from the federation account and the failure to elect local government councils, explaining that the three factors boiled down to the issue of local government autonomy.

    “Local government councils will be accountable to their people, if they are elected. Caretaker committees are only accountable to their appointing authorities,” he said, explaining that it is when a government is accountable to the people that it is motivated to perform to the expectation of the people.

    He said the failure to make direct financial allocation to local government councils also inhibit local government performance.”The Joint State-Local government account system denies local councils the opportunity to determine projects that are relevant to their people. The situation where state governments award uniform projects for all local government areas is a negation of the principle of grassroots development that undergirds the creation of local councils as third tier of government,” he said.

    He suggested that the Joint State-Local Government account should be abolished while administrative guidelines are stipulated for the payment of teachers and other workers’ salaries as first line charge on local government accounts.

    Akande said the constitution should be amended to allow the Independent National Electoral Commission (INEC) or a new national electoral body comprising representatives of states and political parties to conduct local government elections.

    He said the current system where ruling parties at the state level win all local government  elections that they conduct does not promote democracy, good governance and competent leadership at the local government level.”It is indefensible that no ruling party in any of the 36 states has ever lost a local government election in their state. This clearly makes a mockery of our democracy and there is need for an urgent review of this electoral embarrassment”, he submitted.

    Akande, who is also the Director of the Centre for Presidential Studies at Igbinedion University, said the conduct of local government  election by state governments had denied the third tier of government the opportunity to recruit competent and accountable leadership at that level. “The caretaker system has denied the people the opportunity of electing leaders of their choice at the local level. This is against the provisions and spirit of the 1999 Constitution,” he said, arguing that the conception of local government as a training ground for leadership at higher levels of government is lost because democratic tenets of governance are not allowed to blossom at the local government level.

    Speaking on the situation in Oyo State, Prof. Akande explained that the autonomy of local government could have been ensured, if local council elections had been held. He claimed that the governor had triggered the process of election twice but the process was truncated by court processes. “The governor triggered the process in 2011 but a court case instituted by the members of the state electoral Panel constituted by Governor Ladoja but dismissed by Governor Alao Akala resulted in a court injunction against the new Commission  constituted  by Governor Ajimobi.

    “The governor triggered the process for council elections again in 2016, but some parties aggrieved with provisions of the Local Council Development Authorities (LCDA’s) got a court injunction against the conduct of the election. He expressed the confidence that the resolution of the court case would restore local government autonomy in Oyo State.

  • Constitution Amendment: LGs to get financial autonomy

    Constitution Amendment: LGs to get financial autonomy

    Local Governments in Nigeria would be given financial autonomy in the ongoing constitution review, Deputy Speaker of the House of Representatives, Mr Yussuff Lasun, has said.

    Lasun, who is the Chairman, Ad hoc Committee on the Review of the 1999 Constitution, disclosed this at a one-day retreat of the committee on Friday in Abuja.

    He said that there was the need to ensure financial independence for local governments because they were essential to democracy and development in any country.

    “It is very dicey because it will involve you to amend so many sections of the Constitution, but what I will assure you is we’re going to push for financial autonomy.

    “We are concerned because if you go all over the country today, local governments are no longer in existence.

    “That is not good for democracy, it’s not good for development and that is why it has become very difficult for the people of the grassroots to feel the impact of government,” he said.

    The deputy speaker described local government is an important part of democracy.

    “Once they cannot operate on their own, once they don’t have elected officials at local government level, once they don’t have access to their own money, definitely, it will be difficult to do anything at that level.”

    Lasun said that all over the world, local government was responsible for almost 40 percent of the development, hence the need to push its financial autonomy in the country.

    He said that the onus for constitution amendment lay with the state assemblies.

    “If the States want the Constitution to be amended, they will append their signature to what we pass at the National Assembly,” he added.

    On the report of the National Conference conducted by the last administration, the deputy speaker said that it would be considered for inclusion in the Constitution amendment.

    “We have done that. We have taken those that we think are reasonable and they are going to form part of what we will consider here.

    “The reviewed Constitution will be ready by May 2018 at most; if we follow our programme diligently, I think it cannot be earlier than February or March, next year.

    “But, I can assure you of one thing, we’re going to ensure that we achieve all these within the third year of this administration.

    “This is because constitution review has a lot of political implications and we don’t want anybody to start reading meaning into whatever section of the Constitution we want to amend at that point,” Lasun said.

  • How democratic is the 1999 constitution? (1)

    How democratic is the 1999 constitution? (1)

    Having a properly negotiated constitution remains, even in the 21st century, the core of democracy. 

    A constitution is a thing antecedent to a government, and a government is only the creature of a constitution…. A constitution is not the act of a government, but of a people constituting a government, and a government without a constitution, is power without a right.—Tom Paine
    A documentary constitution normally reflects the beliefs and political aspirations of those who have framed it.—Nicholas Sunday
    We need to bring these nationalities around a conference table to discuss how we are going to live together as one country. As it is today, we are not a nation yet; we are a state.—Ben Nwabueze
    There are basic issues if we want a strong Federal Government. The earlier we restructure the stronger we will be, and if we don’t restructure, or wait for too long, we are attempting disintegration.—Chukwuemeka Ezeife

    The recent announcement that the 8th NASS is about to round up on its efforts to amend the country’s constitution has motivated a return to a topic that this column had discussed extensively in the past, especially during the era of Umaru Yar’Adua and Goodluck Jonathan. But the essays under this title are slightly different in style, and perhaps, in substance from those that appeared six years ago on this page. The controlling thesis for the series is that, given the historical, philosophical, political, and sociological evolution of the peoples that constitute today’s Nigeria, the 1999 Constitution bequeathed to the country by the last of the country’s military dictator in 1999 is not democratic enough to make the multination republic realise its huge potential.

    If you are expecting to hear legal arguments in the following sentences, you should not bother to read them. Constitutional legalism is just one aspect of any country’s constitution. It has relevance after a documentary constitution has been duly established, not before it. In short, the series is not about constitutionalism but ‘constitutionalisation,’ the making of constitutions. Several sharper minds had written ad nauseam from the perspective of lawyers about the 1999 constitution. One argument that undergirds the series is that Nigeria has not had a settled or agreed constitution in the 1999 one that has guided operations of government since the advent of the 4th Republic. Consequently, there is still a lot of space for discussion of politics of constitution making, such as the one that will preoccupy this column for the next few weeks.

    I know that it will sound bizarre to many readers that this column has chosen to interrogate the 1999 Constitution, even after many citizens had accepted it as a given. Of course, members of the current National Assembly now getting ready to finalise discussion on amendments to the constitution are likely to find this piece and others to follow cheeky for several reasons. One, it attempts to derogate from their concept of legislative sovereignty. Second, it seeks to draw the hand of their own legislative clock back. Since sovereignty rests ultimately with the people of any nation-space, it is fit and proper for any citizen who feels that a constitution that circumscribes his or her life to complain about a constitution that purports to represent his or her views without adequate consultation between representatives and citizens.

    Other citizens in the last few weeks have been problematising the constitution in different ways. Some have been calling for disintegration of the country, to allow their regions develop much more than it could under a suffocating constitution or endless complaints about the structure of the polity that the 1999 constitution creates, promotes, and protects. This in a way summarises the perspective of Professor Ango Abdullahi of the Northern Elders Forum. Others, like the Emir of Kano, have warned their colleagues about the danger for the North in allowing Nigeria to break by continuing to increase the number of illiterate and disempowered citizens in the country. Even many legislators have boasted that they the only authority that is charged with improving the constitution and in an attempt to silence those calling for a people’s constitution.

    Even the Senator Ken Nnamani 24-man Constitutional/Electoral Reform Committee or panel established by President Buhari has been acting as if citizens should be kept at a distance from its efforts. This observation was confirmed by the poorly publicised manner the Nnamani Committee conducted hearings a few weeks ago when it advertised invitation to public hearings on the constitution on the very day the committee was meeting in Abeokuta to receive memoranda from Ekiti, Lagos, Ogun, Ondo, Osun, and Oyo States.

    The Buhari presidency will be the second administration during which members of the National Assembly have preoccupied themselves with constitutional amendment. Under Jonathan, they assembled some amendments that did not get Jonathan’s assent. And in the last two years, returning and new lawmakers have been working at amendments which they now claim are nearing completion. Many citizens have observed that, with little interaction between lawmakers and citizens across the country on what type of constitution citizens prefer, legislators preoccupied with amendment may not be doing this for any reason other than to ensure that they upstage citizens calling for a people’s constitution or restructuring.

    Furthermore, apart from those who would rather have Nigeria go into fragments than countenance any form of restructuring, top members of the executive shy away from countenancing any demand for replacement of the constitution by General Abdusalaam Abubakar with a properly negotiated constitution by all the constituents of the federation. It will be recalled that the 1999 Constitution was an outcome of debates largely by 24 hand-picked citizens under the leadership of Justice Niki Tobi. The establishment of Senator Nnamani Panel on constitutional/electoral reform seems to have added to the culture that this column once described as Arodan (making citizens dissipate energy while giving the impression of doing something purposive). Shouldn’t the activities of the House, Senate, and the Nnamani Panel in relation to the 1999 Constitution not be enough to make it superfluous for any other group to demand creation of a new constitution? This question will find answers when details of the amendments carried out by legislators are unearthed and made available to citizens to compare with the duly negotiated constitution agreed to in 1960 and 1963.

    The controversy about turning the local governments into autonomous units that are not answerable to the states suggests that limiting ratification of constitutional amendments to states and the president, without calling for people’s referendum on the amendments will amount to creating another elite document. The original document was created largely in camera and only became public after the general elections of 1999. Citizens, particularly professional politicians in their rush to get out of military rule wound up inheriting a constitution the military had developed during the many decades of their rule. But not many people ever believe that the claim in the preamble to the 1999 Constitution: “WE THE PEOPLE of the Federal Republic of Nigeria: Having firmly and solemnly resolved….” is a statement of fact. It was for this reason, among others, that late Abiodun Oki spent the last months of his life pursuing his litigation on the falseness of this claim.

    The most basic element in the making of constitutions was absent in the assemblage of the provisions of the 1999 Constitution. Any effort to amend a constitution based on a false premise may not be enough to silence calls for restructuring, constitutional conference, constituent assembly, people’s constitution, etc. Any effort to amend the current constitution without referring it to a referendum will be tantamount to giving further legitimacy to a document that was designed by military dictators bent on saddling citizens with a constitution marked by military identity—unitary, command-style system.

    The current constitution fails to meet the basic conditions identified by Tom Paine in the epigraph overleaf: “A constitution is a thing antecedent to a government, and a government is only the creature of a constitution.” In the case of the 1999 Constitution under amendment by lawmakers, a government happens to be a thing antecedent to a constitution and a constitution is the creature of a military government that should not have existed in the first place, because it was never endorsed by the people. For as long as the most important rules governing government-citizen relations remains questionable, as the 1999 Constitution has been since it first came out into the open, there is the likelihood that so much energy will continue to be dissipated on debates about what type of Union the nationalities that constitute Nigeria prefer. Having a properly negotiated constitution remains, even in the 21st century, the core of democracy.

    To be continued

     

  • Igwe Achebe: the constitution must protect traditional institutions

    Obi of Onitsha Nnaemeka Alfred Achebe has said the constitution must protect traditional institutions from political elites.

    He spoke in Lagos at a public lecture organised by the Yoruba Tennis Club.

    Igwe Achebe added that the traditional institution must continue to evolve with the times.

    “Our traditional today is probably at its peak of popular acceptance and approbation compared with other periods since the colonial times. Nevertheless, several measures are still necessary as we continue to uphold the position of the modern traditional institution in our body politic.

    The Constitution, at the minimum, should recognise the role of traditional institution in the communal life, such as mobilising the community for enlightenment, education, economic empowerment, peace building, safety, security, and custodianship of and leadership in advancing our culture,” he said.

    The Igwe added that “the constitution should enshrine the non-involvement of traditional rulers in partisan politics as has been recommended by the National Council of Traditional Rulers of Nigeria (NCTRN) to the National Assembly. On the other hand, the constitution should also adequately protect the traditional institution from undue meddling and interference by the political elites and the moneyed class”.

    He advocated the creation of a National Council of Traditional Rulers at the federal level as a forum where traditional rulers’ representatives from all parts of the country can meet regularly to deliberate on major national issues and provide advice to the Federal Government.

    Igwe Achebe said the traditional institution must continue stay abreast of change in a digital world, jealously guard and protect the core social values, customs and traditions that distinguish respective people.

    On the traditional institution before and during the colonial government, he said: “Before colonialism, Nigerian traditional communities were variously organised as empires, kingdom, city states, and autonomous communities, with sovereign monarchs as the political, military and, sometimes, religious authorities. These monarchs, now commonly referred to as traditional rulers, were the first points of contact for the colonial agents, the agents deployed leases, agreements, subterfuge, and outright military conquest to eventually impose their authority on the various domains, and agglomerate them into one country, Nigeria. But such colonialists’ assaults were not achieved without stiff and gallant resistance by several of our then monarchs of Lagos, Oyo, Benin, Borgu, Opobo, Nembe etc.

    “A critical factor in colonial administration was the imposition of the famous policy of “Indirect Rule” introduced by Lord Frederick Luggard. One school of thought days that the policy was necessitated by the dearth of British colonial officers required for the effective governance of the vast country. Yet, another was the British were re-creating the drams of the voice of Jacob and the hand of Esau. Thus, whilst making the traditional rulers subordinate to the colonial authority, the policy actually enhanced their arbitrary powers over their people through the obnoxious system of sole native authority.

    “Indirect rule was deemed to have broadly succeeded in Northern Nigeria where there was a ready, highly centralised, traditional administration through which the colonial government could extent authority. The apparent success led to the attempt to replicate the system in the rest of the country. While it was deemed a partial success in Western Nigeria, it became a colossal failure in Eastern Nigeria where the decentralised pre-colonial governance system led to the creation and imposition of “Warrant Chiefs”, whose highhandedness was vehemently resisted by the populace. Though there were well established kingdoms and domains in Western Nigeria, the traditional governance system did not accord the Obas similar enormous powers wielded in the North, including the authority to impose taxes.

    “The judgment as to the level of success is therefore merely relative, even in Norther Nigeria where the ruling aristocracy entrenched its domination over the others, particularly in the largely non-Muslim areas of the Middle Belt and Southern Kaduna. The real benefit for the country was that, by sidelining the education elites, who were mostly from the South, the system caused a coalescence of these elites under Herbert Macaulay to demand the liberation of the country and ultimately, Independence.”

    Speaking about the experience of the traditional institution under the colonial masters, he said: “The rise of modern nationalism during colonialism, spearheaded by the new political elites, set the scene for the next phase of our history. Several of these elites were said to hold quasis-socialist ideas that denigrated the “undemocratic” tradition institution as the agent of Indirect Rule, which should be subjugated. This view, from current perspectives, appears rather too simplistic. Let us be reminded that our nationalist and fiercest armed fighters against colonialism were those early monarchs such as Oba Ovonramwen of Benin, King Jaja of Opobo and King Koko of Nembe.

    “Having been conquered military, the struggle moved to the political arena spearheaded by the political arena, subsequent generations of monarchs. In this regard, the name of late Oba Samuel Adetayo Akisanya, Odemo of Isara Remo, immediately comes to mind. He was a trade unionist and one of the founders of the Nigerian Youth Movement and, subsequently, the Action Group party. He subsequently mounted the throne of his ancestors (1941-1965) and became a member of the Western House of Chiefs and Minister without Portfolio in Western Nigeria. To some extent, Oba Akisanya represented early Nigerian nationalism and patriotism. Dr. Azikiwe, an Eastern Nigerian from Onitsha, supported him to become the President of the Nigerian Youth Movement while Chief Obafemi Awolowo, a kinsman from today’s Ogun State, campaigned for Ernest Ikoli, an Ijaw from Eastern Nigeria, for the post.

    “History also has it that the Action Group party was launched in the palace of late Oba Sir Olateru Olagbegi II, Olowo of Owo (1941-1966/1993-1998). Similarly, late Alhaji Muhammadu Sanusi I, Emir of Kano (1953-1963) and grandfather of the present Emor, wsa instrumental to the formation of the Northern People’s Congress. He reigned over the most prosperous emirate in Northern Nigeria and groomed many of the early educated elites in the Kano Native Authority system from where they moved into politics as the regional and federal levels.

    “It is noteworthy, however, that these three traditional rulers, along the with others, such as the late Alaafin of Oyo, Oba Adeniran Adeyemi II (1945-1955), and the late Attah of Igala, Ameh Oboni I (1946-1956), became at variance with the leaders of the political parties  and regional governments (the political elites). The variances have unfortunately been misrepresented by some historians as a struggle between the modern political elites and the feudalistic traditional elites. This view is not supported by the fact that the protagonists on either side of the clashes were both highly political astute as well as members of the aristocracy. For instance, the modern political elites, such Ogbuefi Dr. Nnamdi Azikiwe, Chief Obafemi Awolowo, Alhaji Sir Ahmadu Bello, and Chief Samuel Ladoke Akintola, were also princes and chiefs in their own rights. From hindsight, it would rather seem that the conflicts were a matter of which elite group would retain authority after the colonial regime.

    “Despite these clashes, and the exile and sanction of several traditional rulers, the institution of tradition rulership itself was not threatened, but rather “accommodated”, in the First Republic. “Thus, in addition to their legislative roles in the newly created Regional Houses of Chiefs, some traditional rulers were appointed into the state cabinets as ministers without portfolio )Oba Sir Adesoji Aderemi, Ooni of Ife, and Eze Sir Dr Akanu Ibiam, Eze Unwana Afikpo). Meanwhile, several other influential traditional rulers remained a stabilizing factor in the tumultuous political environment of the period. These included the Alake of Egbaland, Oba Ladapo Ademola (1920-1962), Obi of Onitsha, Obi James Okosi II (1935-1961), Oba of Lagos, Oba Adeniji Adele (1949-1964), Oba of Benin, Oba Akenzua II (1933-1978), and Sultan of Sokoto, Alhaji Siddiq Abubakar III (1938-1988), amongst many. The constitutional developments leading up to the incursion of the military into political governance in the country attest to that accommodating strategy.”

     

    In the military era

    The Igwe also touched on how the institution fared under the military. He accused the military of diminishing the influence of the institution.

    Said he: “It was the military rulers who often romanced with the traditional rulers that progressively and studiously brought about the several political changes that diminished the powers and influence the traditional institution.

    “These changes included the federal and state government’s takeover of the local police, prisons and native courts in 1968, the Land Use Decree of 1978 and the 1976 local government’s reforms, which transferred the administrative and legislative roles of traditional rulers to the newly created local government councils.

    Still under the military regimes, the 1979 Constitution excluded the traditional rulers from any formal legislative role, but rather established a Council of Chiefs at the state level with only limited advisory roles. It also created a Council of State at the Federal level comprising nominees from State Councils of Chiefs and having similar advisory roles. Indeed, the Ibrahim Babangida Political Bureau of 1986 which was part of the steps leading to the 1989 Constitution stated as reported in the MAMSER 1987. It reports that ‘In the context of the new social and political order proposed, traditional rulers should have no special role to play in government beyond the local government level where they have relevance. Furthermore, by virtue of the scope and character of the contemporary Nigerian state, it is a misnomer to designate incumbents of these traditional institutions as traditional rulers. It will be appropriate for them to be designated in accordance with their role in the state and society. This official designation must not accord them a rival status with the principal political offices of the Nigerian State. The 1995 draft Constitution stressed that nothing in that draft constitution should construed as conferring any legislative, executive or judicial function on the State Council of Chiefs.”

    He said the 1999 Constitution further denigrated the institution by removing any representation of traditional rulers from the Council of State.

    “Some of the generation of traditional rulers who bore the brunt of the onslaught of the military regimes include the following: Obi Alphonsus Ofala Okagbue, Obi of Onitsha, Oba Okunade Sijuwade, Ooni of Ife, Ahaji Ado Bayero, Emir of Kano, Oba Sikiru Adetona, Awujale of Ijebuland, Oba Adeyinka Oyekan, Oba of Lagos, Alhaji Muhammadu Maccido, Sultan of Sokoto, Oba Lamidi Adeyemi III, Alaafin of Oyo, Oba Eradiauwa I, Oba of Benin, Ogiame Erejuwa II, Olu of Warri, Oba Oyebade Lipede, Alake of Egbaland, and their many other colleagues. Most of these traditional rulers were well educated and had successfully professional or business careers before ascending the throne. Consequently, they had a broader worldview and the courage to manoeuver through the minefields of the occasionally tense relationships with the military regimes. Many were on the throne during the civil war and became active bridge builder in its aftermaths. Nevertheless, the institution did not escape the dethronement and banishment of the erstwhile Sultan of Sokoto, Alhaji Ibrahim Dasuki during the regime of General Sani Abacha,” he observed.

     

    In the post military period

    Igwe Achebe said: “The fortunes of the traditional rulers continued to fluctuate under the post-military civilian state executive authorities, which are a source of stipend and hold the powers of potential manipulation. There has been also the emergence of several new domains carved out of existing ones, competition for visibility by the new traditional rulers, and the reduction of the spheres of influence of existing ones. Whilst no part of the country is immune, this trend of balkanization has been most rampant in the Southeast and Southsouth parts of the country. The Imo State government attracted attention two years ago when it split the ancient kingdom of Owerri into five autonomous communities and appointed four new Ezes, in addition to the erstwhile paramount ruler, Eze Emmanuel Njamanze.

    “However, political interference with the traditional institution has not gone unchallenged in this period, and sometimes successfully too.

    “For instance, the paramount ruler of the Mgbidi community, Eze Dr Pius Agwaramgo, has so far successfully fought a court case against the attempt of the Imo State government under Governor Achike Udenwa to balkanise his domain into some six autonomous communities, each with a traditional ruler. In 2002, Alhaji Haliru Bantoro, Kitoro III (2002-2015) won a high profile court case against the Niger State government as the rightful Emir of Borgu. Oba Frederick Obateru Akinrutan, Olugbo of Ugboland (2009-) won a similar case in 2009 against the Ondo State government. In 2005, Governor Adamu Aliero of Kebbi State dethroned Alhaji Mustapha Jokolo (1995-2005) as Emor of Gwandu for ‘being complex in character rather than the simplicity expected of his status.’ Alhaji Jokolo, who earlier had succeeded his late father on the throne, was reinstating by the High Court and Court of Appeal, and the case is now awaiting a final ruling by the Supreme Court. In June 2014, the Imo State government published a gazette withdrawing the certificate of recognition of Eze Cletus Ilomuanya (1996-2014) as Obi of Obinugwu “in line with the resolution of the State House of Assembly.” Eze Ilomuanya is still challenging the state government in the courts.

    “Despite the foregoing setbacks, the respect for traditional institution in the country since independence has grown steadily, particularly among the political elites.

    “Indeed, there was a recent media account by the veteran journalist, Peter Enahoro, about his brother, Hon. Anthony Enahoro, acquiring the traditional title of Adolor of Uromi to avoid being ridiculed in the Western House of Assembly as a mere “Mister” among members, who were mostly “traditional chiefs”.

    “The irony was also captures in 1982 by the veteran television journalist, Frank Oliseh, when he reported that, though the pre-Independence House of Chiefs had been eliminated in the post-Republican era, there was an uncanny paradox happening in which elected members of the House of Representatives were acquiring chieftaincy titles at a pace that their chamber was becoming the House of Chiefs! Indeed, the acquisition of chieftaincy titles is still seen as conferring legitimacy on recipients for their roles in modern Nigeria.

    “About a year ago, the Governor of Oyo State, Chief Abiola Ajimobi, personally endorsed a newspaper advertorial to thank all and sundry who joined in the celebrations of the coronation of the new Olubadan of Ibadan. Similarly, Governor Adams Oshiomole of Edo State was actively involved in the coronation rites Oba Ewuare II of Benin last October. The same happened earlier this month with the coronation of new Tor Tiv, His Majesty, Professor James Ayatse, with the full participation of the Benue State government. These are interesting examples of the political elite leading the ‘re-traditionalisation’ of the Nigerian polity, as coined by Dr Tunji Olaop of the Ibadan School of Government and Public Policy.

    “Another significant dimension is the intimidating rise in and diversity of, the professional knowledge and executive experience of the traditional rulers in the country. The Ahamadu Bello University, of which I am the Chancellor, currently has at least fifty-seven alumni who are traditional rulers, including the present Emirs of Kano, Zaria and Katsina, Shehu of Borno, Gbong Gwom of Jos, and new traditional Ruler of Ogidi, Igwe Alexander Uzo Onyido.”