The National Conference has ended its deliberation and adopted its resolutions. Assistant Editor LEKE SALAUDEEN examines the implications of the resolutions on the democratic process.
After the brouhaha over a proposed draft constitution, the National Conference, which kicked off on March 17, 2014, ended last week on a conciliatory note. Delegates adopted the conference recommendations , in spite of the initial disagreement between the northern and southern delegates. The Chairman of the conference, Justice Idris Kutigi (rtd), managed to diffuse the crisis by mobilising zonal conference leaders to take a position on the controversial draft constitution.
To calm frayed nerves, a minor amendment was effected on the third volume of the conference report. The word “draft constitution” was replaced with “resolutions of the conference as draft amendments to 1999 Constitution.” The two sides actually reached a compromise. Northern delegates had threatened to withdraw from the conference, if their southern counterparts insisted on the alleged draft constitution. They said it was a ploy to legitimise the alleged third term agenda of President Goodluck Jonathan. The North also back pedalled on its demand that the resolutions should be reversed. Delegates from the North had argued that all decisions taken, if not reversed, would worsen the plight of the region.
The conference approved 19 out of 20 committee reports. The Committee on Derivation and Resource Control could not agree on the way forward, as members held divergent views on the matter. The report was the only one stepped down, because the controversy could not be resolved. The conferees advised President Jonathan to set up a technical committee to handle the issue.
A political scientist, Dr. Friday Ibok, expressed disappointment over the failure of the conferees to address derivation and resource control. He noted that the contentious issue had been settled by the 1960 Independence and 1963 Republican constitutions. He said the two constitutions specifically provided that the federating units should control their economic activities and finances, keep 50 per cent of all revenues and contribute 50 per cent to the Federation Account. They stated that 30 per cent should be shared among the regions, leaving 20 per cent to the Federal Government.
Ibok said the law was changed in 1969 by the military administration when the crude oil from the Niger Delta became the mainstay of the economy. The change was effected by military fiat. According to him, the Southsouth has called for a return to true fiscal federalism, as was the case when cocoa, rubber, groundnut and cotton were the mainstay of the economy. “Their demand was based on principle of equity, justice and fairness,” he added.
A member of the Devolution of Power and Resource Control Committee, Senator Anthony Adefuye, disagreed with Ibok’s position. He said the committee’s recommendation that the status quo be maintained on the 13 per cent derivation was because the affected states would be involved in the development of their mineral deposits.
Adefuye said: “If we are to take a critical look at the figure, the Southsouth is benefitting enough, even at the 13 per cent derivation. Doing otherwise will be detrimental to some of the non-oil producing states, which will be getting less.”
Reflecting on the logjam another delegate, Professor Auwalu Yadudu from Kano State, argued that the North was opposed to an upward review of derivation from 13 to 18 per cent because it is not in the interest of the country.
Yadudu, a Professor of Law, said: “When you are negotiating, you must negotiate in good faith; you must carry everybody along in the whole process of negotiating, not only on derivation, but also on many other issues. The negotiation on derivation was not done in good faith because, if you are building a consensus on issues, you must be sure that you have carried everybody along. What we thought was a consensus was what Professor Gambari read, which others faulted. If they could find fault with what was read — and I have a draft of it, which was the basis of what he read – if they bring something else, the groups are entitled to say this is not what was agreed on.
“The lack of good faith was evident in the sense that you re-wrote an agreement in the absence of other members of the committee and then, you went about getting signatures of people you are working with; everybody has signed except you. You do not do negotiations that way.”
But, the conference made some far-reaching recommendations in the following areas: local government reform, creation of new states, state police, government sponsorship of pilgrims, rotational presidency/governorship, independent candidate and revenue sharing formula.
Local government
The conference resolved that functions of the local governments as contained in Schedule 4 of the 1999 Constitution should be transferred to the states, subject to the power of the Houses of Assembly to add or reduce their functions. Nevertheless, Northern delegates are uncomfortable with this resolution that the local government administration should be transferred from the Exclusive Legislative List to the Concurrent Legislative List. A lawyer, Mr. Ike Onyeama, said the conference decision was in line with true federalism.
Onyeama explained that it is absurd that local governments are viewed as part of the federating units in the 1999 Constitution. He said it is against the spirit of true federalism. The conference recommended that state governments should decide on what type of local government it wants for the people under its jurisdiction. In fact, it also recommended that states have the right to create local governments.
The lawyer said the contradiction within the system is a legacy of the military rule. It was the practice of the military to create local governments and even states. The military went on a frenzy of proliferating the local governments, and even took on itself the burden of its funding, just as it was funding the states from the Federation Account. The military passed on this legacy in 1999, to the civilian government.
Creation of new states
The conference approved the creation of 19 additional states, with the Southeast getting four more states. Three states each were recommended for the five geo-political zones. The conference predicated its decision on the assumption that it would bring government nearer to the people and accelerate development. But, Ibok disagreed with the logic. He said what they could have done was to recommend the merger of some states because many of them are not viable. His words: “What most of the states do is to collect monthly revenue allocation from the Federation Account to pay salaries of workers. Some have backlog of salaries to clear. How do you expect such states to carry out developmental projects? The best thing is to return to the 12-state structure introduced by the Gowon Administration. Proliferation of states is counter-productive. It is ridiculous to hear that the delegates have settled themselves by creating as many as 19 states in a fell swoop.”
But, Onyeama viewed it from a different perspective. He said people have the right to demand for new states. The lawyer said: “In democracy, you can’t stop people from asking for creation of new states. He said the 36-state structure is lopsided. The North has 19 and the South 17. Each zone has six states, except the Southeast, which has only five states. The National Conference proposal to create additional 19 states has addressed the imbalance”.
State police
The conference resolved that states, which can afford it, should establish their police. This was the practice before the advent of the military in 1966. Local police existed side by side with the federal police. A retired Commissioner of Police, Alhaji Abubakar Tsav, said that local police would perform better than the current centralised police structure. He noted that security cannot be considered in isolation, adding that it should be viewed as part of the overall framework of governance. The ex-police chief said the ball is in the court of the National Assembly to provide the framework for the establishment of state police.
Deputy Senate President Ike Ekweremadu shared this view. He called for the amendment of Sections 214 and 215 of the constitution to pave the way for the establishment of state police. He noted that the two sections give exclusive control of the police to the Federal Government. Ekweremadu said the police should be transferred from Item 45 of Part 1 of the Second Schedule of the 1999 Constitution to the Concurrent List to allow states to operate a policing system under approved guidelines.
Sponsorship of pilgrims
It was resolved that the Federal Government should no longer sponsor pilgrims and that pilgrims’ welfare board should only be allowed in states that want it. The conference decision was underscored by the secularity of the state. A traditionalist, Chief Fatunde Fayemi, queried the recognition of two religions when the constitution says there is no official religion. He said all tiers of government are guilty of discrimination against adherents of traditional religion. “The decision to stop government from sponsoring pilgrims should not be restricted to the Federal Government. It should be extended to the state and local governments as well, he added.
An Islamic scholar Sheikh Mustapha Daud, is in support of the resolution. He noted that, in the First Republic, regional governments were responsible for pilgrimage. He recalled that the first Muslim Pilgrims Welfare Board was established by, late Chief Obafemi Awolowo when he was the Premier of Western later, the late Sardauna of Sokoto, Alhaji Ahmadu Bello, set up Pilgrims Board for the North.
Rotational presidency/governorship
The conference also recommended the rotation of the presidency between the North and the South and among the six geo-political zones. Similarly, it endorsed the rotation of the governorship among the senatorial districts. Ibok said the rotation of public offices should not be a constitutional matter. Already, it has become a norm in politics, although it was not written in the constitution of political parties in the country. The political scientist said making it a constitutional issue will create the impression that the country is sacrificing merit and competence for trivialities.
Onyeama agreed. He said the rotation of public offices should not be with the submission entrenched in the constitution. According to the lawyer, Nigerians should stop seeing themselves as northerners or southerners, Yoruba, Ibo, Hausa or Kanuri. “In electing people into public office, we should consider competence and the antecedents of the aspirants,” he argued, adding that it was the zoning of political offices that has brought NIgeria to where it is today. “I don’t care if the President and the Vice President come from the North or South, so far they can deliver the goods,” he added.
But, Ibok said the conference decision may have been informed by the monopolisation of the highest office by a section of the country. He noted that the North had ruled for almost 40 years, compared to the South’s 15 years. The rotation, he said, will ensure equity and fairness among Nigerians.
Independent candidate
The conference equally made a case for independent candidates to stand for elective offices. Analysts say the proposal, if accepted, would deepen democracy. They said allowing independent candidates to contest election will broaden the choice option and enable more politicians to participate in the electoral process.
Onyeama observed that there are many Nigerians who have better ideas on how to govern the country, but cannot come out because they do not belong to any political party. If the constitution permits independent candidates, people may consider the ability to perform, rather than voting on party basis, he said.
