The Nation Newspaper

Tag: national assembly

  • Moratorium on National Assembly

    SIR: In a sane society, there is a level below which no individual or group should be allowed to sink into, hence we have rules for incapacitation and practices of charity and isolation for those who show trends that can hurt our humanity and indeed our sociality. Mercy is what is reserved for the weak and ill ones amongst us; castigation is what we save for our errant ones. When the offender is powerful due to status or capacity then the answer must include rebellion.

    This body called the National Assembly made up of senators and representatives has clearly dived and gone beyond the minimum level of acceptability for a sane society and something must be done about it. My proposal is a moratorium that limits what they do to a few matters for a period that reflects what the country is going through and what is important for the country.

    In the last one-week alone, Nigerian legislators have made headlines about at their visas being revoked by another country on the charges of indecent behaviour. To end the week in style, these legislators decided to deliberate on means and ways to allocate to themselves life pension and immunity. Things can always get worse, so in the past few days, Nigerian legislators have spent time defending some of their own again from the accusation of forgery.

    It appears Nigerian legislators come alive only when there is an issue that concerns their immediate constituency. Sadly, their understanding of constituency seems to be made up of their colleagues, leaders and maybe friends and family. These legislators appear so disconnected from the lives of the citizens they represent that I sometimes suspect autism.

    In defending their turf and the privileges that come with all that, these legislators invoke noble principle such as the need to defend vital tenets of democracy like the separation of powers and fear of the executive dominating the legislative arm of government. Sadly some people follow these views and pronouncements blindly because they are more partisan than citizens and, abstractly because it appears politically appropriate.

    Well I have some information for all of them: The autonomy and dignity of the legislative arm of government, like any other arm, descends from and lies within the ability and resolve of that arm to do its duty in the interest of the public it represents. For a legislative arm of government to be worthy of defence, it must be seen to be checking and balancing the executive from abuse of power, misconduct in office, wastage and misappropriation of public funds and, indeed, policy issues.

    In just a year in office, too many things have happened under this administration that the National Assembly could have been vocal about.

    They could have fought the executive to a standstill on the issue of the CBN recruitment; they could have led the battle on the issue of the FIRS recruitment; they could have initiated proposals and activities on the economy and its direction. A lot of battles could have been waged on job loss, security, not to mention electricity and petrol. Instead of saying they want life pension like the executive arm of government, they should propose the abolishment of life pension for all politicians.

    The need for the public, right now, is to survive in this harsh economy of low unstable income and high prices. So we should place a moratorium on this National Assembly limiting their interventions to only concerns that will affect the general public. Such matters should be restricted to only interests of infrastructure, health, jobs, agriculture and economy. There should be a total ban on discussions about anything that affects members of the National Assembly, as such.

     

    • Dr. Anthony A. Kila,

    Lagos

  • ‘Competition law’ll end monopolies’

    ‘Competition law’ll end monopolies’

    The National Assembly can stop firms from becoming monopolies by passing the Federal Competition and Consumer Protection Bill 2016 into law, stakeholders have said.

    The bill, sponsored by a private sector coalition on competition, has 18 parts and is at the second reading stage in the House of Representatives.

    It prohibits agreements among firms aimed at restricting or eliminating competition in a given market.

    It also provides sanctions for price fixing by a dominant firm or a group of firms, collusive tendering or bid rigging, formation and operation of a cartel which frustrates new entrants into a market, among others.

    At a one-day advocacy walk to create public awareness for the promotion and enactment of the bill, president Consumer Advocacy Foundation of Nigeria, (CAFON) Mrs Sola Salako, said the rights of consumers are not always protected, because the laws are not strong enough.

    The walk, tagged: Walk for Competition Bill held at the weekend in Lagos, Enugu, Kaduna and Kano simultaneously.

    The Lagos version began at Allen Roundabout in Ikeja and featured visits to Lagos Television (LTV), where the group was received by the Director-General, Mr. Deji Balogun who promised to make his platform available to the coalition, and Muhri International Television (MITV).

    The coalition was also received by Mr. Rotimi Ogunleye, Commissioner, Lagos State Ministry of Commerce, Industry and Cooperatives, Alausa.

    Ekeh Obiji, representing the Nigerian Association of Small and Medium Enterprises (NASME) said if passed, the bill will make markets more competitive and the consumer will be exposed to quality products at the best prices.

    “It’s going to frustrate monopolies, so that instead of one man being in the market, dominating and giving you what he likes, monopoly will be frustrated. It will also prevent price-fixing and help to drive down prices,” Obiji added.

    NECA, Representatives of the Nigerian Association of Chambers of Commerce, Industry, Mines and Agriculture (NACCIMA), the Equipment Leasing Association of Nigeria (ELAN), Nigerian Textile, Garment and Tailoring Employers Association, National Association of Nigerian Traders, among others, were also at the briefing.

  • SEC woos NASS to Remove Impediments to Master Plan

    SEC woos NASS to Remove Impediments to Master Plan

    The Securities and Exchange Commission (SEC) has cried to the National Assembly for help to remove legal impediments hampering the implementation of the capital market master plan.

    Speaking at the stakeholders forum on realizing the potentials of the Nigerian economy through proactive capital market legislation co-hosted by the Capital Market Committees of both the Senate and House of Representatives in Abuja, the Director General of the SEC Mr. Munir Gwazo implored the National Assembly to play a critical role in tackling identified legal impediments to master plan.

    The SEC he said is taking a proactive step to compile a comprehensive document detailing all of the amendments needed to make the Master Plan implementation a success.

    Gwarzo identified some of the impediments to include Jurisdictional conflict between the Investments and Securities Tribunal and the Federal High Courts

    Specifically Section 274 of ISA which grants IST EXCLUSIVE jurisdiction over capital market disputes vs Section 251 (1p,q,r) of the 1999 Constitution of Nigeria which gives High Courts jurisdiction over executive or administrative actions of SEC. To address this impediment to the actualization of the master plan, Gwarzo appealed to the National Assembly to Include the IST under Section 6(5) of the Constitution and craft “legislation to prescribe the adoption of “Reasonableness test” in conducting judicial review in contrast to the “Correctness Test” as well as make the IST a special Division of the Federal High Court.

    The National Assembly was urged to amend the relevant sections of the Land Use Act to resolve property/land title allocation and transfer issues to facilitate securitization because “Various Sections of the Land Use Act inhibit the development of the capital market. Particularly, Sections 21 & 22 negatively impact transfer of possession and foreclosures which by implication inhibit the takeoff of mortgage-backed securities.”

    The SEC is also demanding for an amendment of Section 22 of Companies and Allied Matters Act (CAMA) to innovatively allow crowd funding of private companies. According to the SEC Director General “Section 22 of CAMA on crowd funding limits members of a private company to 50 while also restricting its transfer of shares.

    Gwarzo stated that “a robust legal and regulatory framework is a necessary condition for the actualization of our master plan aspirations.”

    In his speech, Chairman, Senate Committee on Capital Market and Institutions Senator Isiaka Adeleke said the National Assembly is keenly aware of the dwindling fortunes of the Capital Market and by extension the economy but that as a parliament they “strongly believe that, the downward slide in Nigeria’s economy, provides the best opportunity for major Stakeholders to begin to return the economy to vibrancy.”

    The two chambers of the National Assembly he said have, come to the jolting realization that the Nigerian economy cannot fully develop without making the capital market the hub or pivot of its developmental strides.

    According to him, “this market has long been neglected and denied its rightful and strategic role in our march towards economic recovery. The Capital Market is a veritable institution for the mobilization, allocation and utilization of long term funds, not just by the Federal but also for States and Local Governments.”

  • ‘National Assembly should remove immunity clause’

    ‘National Assembly should remove immunity clause’

    A chieftain of the All Progressives Congress in Ondo State, Omo’ba Abayomi Adesanya, has called on the National Assembly to review Section 308 of the 1999 Constitution  that provides immunity for the President, Vice President, governor and deputy governor from prosecution.

    Speaking with reporters in Akure, the state capital, he said: “It is high time we reviewed, amended or expunged Section 308 of the 1999 Constitution (as amended.)

    “Without doubt,  the clause has done more harm than good to our country. It has given room for criminals to perpetrate evil agenda against our nation.

    “The Immunity Clause portends anti-democratic tendencies that aid corruption and criminality. the politician said it should either be reviewed to exclude crimes and corruption, or be expunged completely.”

    Adesanya alleged that  some governors, who are chief executives and chief security officers of their states, are inciting members of the public to maim and kill people; encouraging public to take laws into their hands by involving in extra-judicial killings.

    He also alleged that some of them aid thugs to beat up judicial officers and judges as witnessed in Ekiti, Rivers and some other states, adding that these governors are covered by this evil law called immunity

    He said some governors may be having criminal charges hanging on their neck in various courts in the country; ranging from killings, cyber crimes and criminal diversion of public funds.

    He lamented that such people are being shielded by the law because they enjoy immunity.

    He added: “With this, other criminally minded persons would aspire to become governors, at least, to escape trials, if not justice, as seen in some cases in the country. “

    The politician said many governors hide under the clause to milk their states.

    He added: “there should not be immunity for political rascals and electoral fraudsters occupying seats of power because, absolute power corrupts absolutely, he said.

    Adesanya appealled  to Nigerians to support the clarion call for the review, amendment or total removal of the clause.

  • Alleged travel ban: Fayose petitions NHRC, UN, others

    Alleged travel ban: Fayose petitions NHRC, UN, others

    Ekiti State governor, Ayodele Fayose has petitioned the National Human Rights Commission (NHRC) over claim that the Federal Government has placed travel ban on him.

    The petition filed on his behalf by the state’s House of Assembly also complained about the alleged refusal of an agent of the Fed Govt, the Department of State Services (DSS) to obey a Federal High Court judgment, ordering it to pay N5 million damages on the illegal arrest and detention for 18 days of a member of the House, Afolabi Akanni.

    The National Assembly, Amnesty International, Embassies of the United States and the United Kingdom were also copied with the petition.

    Fayose had recently written to Chinese government, urging it to refuse financial aid to the Nigerian government.

    The petition signed by the Speaker, Rt. Hon. Kolawole Oluwawole, was submitted Tuesday in Abuja, to NHRC’s Executive Secretary, Professor Bem Angwe, who assured that his commission will investigate the petition.

    The Deputy Speaker, Ekiti State House of Assembly, Segun Adewumi who submitted the petition, was accompanied by the Chairman, House Committee on Information, Gboyega Aribisogan and Chairman House Committee on Health, Dr Samuel Omotoso.

    The petition reads; “We write to bring to your attention another impending infringement on the rights of the Governor of our State, Mr Ayodele Fayose and by extension the entire Ekiti by the Federal Government.

    “A few weeks ago, our governor was reliably informed that President Mohammadu Buhari had directed that he should be banned from traveling outside Nigeria. This reliable information was to be confirmed through reports in two major national dailies on Sunday, May 29, 2016 titled; ‘2 govs under watch, face travel

    “From our findings, one of the governors being referred to is our own governor, Peter Ayodele Fayose and we wish to state like we have always done that we, the members of Ekiti State House of Assembly are with the governor on everything that he does.

    “Even ordinary Nigerians do not require clearance from the Department of State Services (DSS) or any security agency to travel outside Nigeria unless in compliance with court order, and as at today, there is no court order placing travel restriction on our governor, Ayodele Fayose. Issues concerning Governor Fayose cannot even be entertained in any court by virtue of the immunity he enjoys as provided in Section 308 of the 1999 Constitution (as amended).

    “We however know as always that this latest plot is as a result of our governor’s critical stance on President Mohammadu Buhari’s government and its anti-people’s policies, and we make bold to say that no amount of intimidation, harassment and oppression will cowed the governor from exercising his fundamental rights to freedom of expression and to hold opinions as enshrined in the 1999 Constitution of Nigeria (as amended).

    “We are aware that this is coming as a result of the failure of the President Buhari led APC government’s plot to use the DSS to coerce the House of Assembly members into the plot of removing the governor.

    “We are also aware that plot to out-rightly take the governor ‘out of circulation’ cannot be ruled out as those advising President Buhari are said to be of the opinion that our governor has become a threat to his (Buhari) re-election bid and that everything must be done to ‘whip the governor to line’ before 2018.

    “Going by the antecedents of the President Buhari-led Federal Government of Nigeria and the DSS under the President’s kinsman, Alhaji Lawal Daura, it is certain that there is nothing that cannot be attempted, no matter how unlawful.

    “It should be recalled that this same DSS invaded the hallowed Chamber of the House of Assembly in our State, abducted our member, Hon Afolabi Akanni and kept him in detention for 18 days without access to anyone. Even when the court ordered that he should be released, the order was ignore. Up till today, no explanation was given for this arrest and detention.

    “It should also be recalled that on April 20th, 2016, the Federal High Court, Ado-Ekiti, in Suit No. FHC/AD/CS/7/2016 ordered the DSS to pay a sum of N5 million to Hon Afolabi Akanni as damages for what the court termed unlawful, illegal and unconstitutional infringement of his fundamental rights. Up till today, that judgment has not been obeyed by the DSS.

    “It is therefore on the premise of display of arrogance and contempt for the laws of the country by the DSS under President Buhari that we elected to bring this latest plot to place Governor Ayodele Fayose on travel ban to your attention.

    “It is worrisome that the federal government will consider the idea of compelling a sitting governor in Nigeria that enjoys Constitutional Immunity like the President to obtain clearance from the Director General DSS, who is an appointee of the President before travelling out of Nigeria.

    “This to us is an affront on the 1999 Constitution of Nigeria (as amended) more so that States, as federating units in Nigeria are not under the Federal Government, which itself is also a State and not superior to other federating units.

    “Section 35 (1) of the 1999 Constitution (as amended) provides that; ‘Every person shall be entitled to his personal liberty and no person shall be deprived of such liberty,’ Section 39 (1) provides that; ‘Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impact ideas and information without interference,’ while Section 41 (1) provides that ‘Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereto or exit therefrom.’

    “Article 13 (1) of the Universal Declaration of Human Rights to which Nigeria is a signatory provides that “Everyone has the right to freedom of movement and residence within the border of each State while Article 13 (2) provides that ‘Everyone has the right to leave any country, including his own, and return to his country,’ ditto Article 12 (2) of the African Charter on Human and Peoples’ Rights.

    “By provisions of the Constitution of Nigeria, ordinary Nigerians do not require clearance from the DSS or any security agency to travel outside Nigeria unless travel restriction is placed by an order of the court, not to talk of State Governors that enjoy immunity just like the President and are not under the control of the President.

    “Our question is; if Governor Fayose has become a threat to the security of Nigeria just because he criticises President Buhari and says the truth about his mis-governance of the country, what happens to Section 39 of the 1999 Constitution of Nigeria (as amended), which provided for freedom of expression and freedom to hold opinions?

    “Most importantly, under a federal system of government, the states and national government both enjoy some autonomy, with sovereign power formally divided between the national government and the States such that each State retains some degree of control over its internal affairs.

    “However, it appears that the laws of Nigeria are not important to the President Mohammadu Buhari led government and it has become once again necessary that webring your attention to yet, another plot to subvert our rights as a State.

    “We wish to recall that in 1984 when President Buhari was a military Head of State, late Chief Obafemi Awolowo was prevented from travelling outside Nigeria for medical treatment, thereby leading to his (Awolowo) untimely death in 1987.

    “The international passports of late Ooni of Ife, Oba Okunade Sijuwade; late Emir of Kano Alhaji Ado Bayero and late Obi of Onitsha, Ofala Akulalia Alphonsus Ogugua were also seized and they were restricted to their palaces just because they travelled to Israel for business.

    “We therefore wish to state on behalf of Governor Ayodele Fayose that as an opposition figure, he cannot be cowed by this pettiness from the presidency.”

    Angwe commended members of the House of Assembly for their commitment to the sustenance of rule of law in the country and cooperation with the executive arm of government in Ekiti State.

  • Fire at old National Assembly Complex

    Fire at old National Assembly Complex

    An eight-storey section of the old National Assembly Complex at Tafawa Balewa Square (TBS), Race Course, Lagos went up in flames yesterday.

    The fire was said to have started from the second floor and spread to the sixth.

    The fire, it was learnt, started few minutes past 1pm.

    An eyewitness said: “It was 1:30pm when I heard people shouting, “fire, fire” and we all ran out of the building. There was thick smoke coming out. Nobody got injured. I even forgot my shoes while running out.”

    Another witness said: “We were about to start working when we saw fire coming out of the building. We could not complete what we came to do.”

    Officials from the Federal Fire Service, State Fire Service and National Emergency Management Authority (NEMA) rushed down to quench the fire.

    Lagos State Fire Service Director Rasak Fadipe said the agency got a distress call around 2:50pm, stating that the second, third, fourth and fifth were affected.

    Fadipe said: “When I got the distress call that there was fire on the Island and it was a high-rise building, I immediately dispatched four fire trucks to the place. One from Sari-Iganmu, one from Ilupeju and two from Alausa. When we arrived, we discovered that the building was smoke-blocked and we could not gain access into the building because it was completely burglar-proof so we had to make use of our cutting equipment to get in.

    “During the process, we discovered that the floors were partitioned and the fire had engulfed the floors. In a situation like this where it is a high-rise building and it is made of glass, it is easy for the fire to spread to other floors and fighting this type of fire is delicate because it is easy to get injured from flying debris. There were no casualties involved.”

    NEMA’s South West Zonal Cordinator Yakubu Sulaiman said the cause of the fire could not be ascertained.

    He said: “Fire fighting is going on but assessment cannot be done until tomorrow (today).”

    The building houses the Zonal Office of the Accountant-General of the Federation, the Zonal Office of the Federal Ministry of Agriculture and Water Resources, the Zonal Office of the Nigerian Hydrological Services Agency and the National Agency for the Prohibition of Trafficking in Persons (NAPTIP).

  • Fire outbreak at National Assembly Lagos Annex

    Fire outbreak at National Assembly Lagos Annex

    The Lagos annex of the National Assembly was on Thursday afternoon engulfed by fire.

    Part of the building which is  located within the Tafawa Balewa Square in the Central Business District was damaged by the inferno.

    The cause of the fire has not been ascertained at the time of filing this report.

    Details later…

     

     

  • ‘National Assembly leadership crisis not well handled’

    ‘National Assembly leadership crisis not well handled’

    Alhaji Tijani Musa Tunmsa was the Interim National Secretary of the All Progressives Congress (APC). In this interview with Tony Akowe, Tunmsa speaks on a number of issues affecting the party and other national issues. Excerpts

    In the next few days, the APC will be one year as a ruling party. How would you access the performance of the party so far?

    Normally, when you are trying to transform a system that has been there for a while, you find challenges. There is usually resistance to change and transformational things. This is not uncommon in the world stage of politics and so, I believe that by the time we cross this threshold of a year and the transformational programmes start to take place, the general public in Nigeria will understand what the party has been trying to put in place. Right now, it is getting to be a situation whereby an opposition party is transiting to governance. When that happens, there are some teething problems that normally occur and this is what we are seeing unfolding right now. However, I have every confidence that as the period extends, the opinion polls will begin to shift and they will rise in trajectory with the delivery of the party and its programmes.

    One of the areas people have tried to pick holes in the administration of the APC is economic management. People believe that not much was done in this area except for the anti corruption fight. What would you say has been the economic direction of the APC-led government in the last one year?

    You can see that the leakages have been blocked and with that, the economic balance has begun to hit base for a substantial progression, particularly on the issue of devaluation, which has been burning. I think that the government is on the right track by trying to maintain our currency the way it is so that it can grow in converse with how really the true picture of our economy is. Debasing our currency does not translate to economic growth. The singular product that we have for sale, which is oil, is not a sufficient reason to have your currency devalued, given the fact that a lot of people do not really depend on this foreign exchange and access to foreign currency. If you take the example of Argentina, Venezuela and Zimbabwe, if debasing the currency were to be the solution, these countries would have progressed tremendously. Certainly, devaluing the currency is not a solution.

    One of the cardinal principles of the Buhari government is the fight against corruption and we can attest to the fact that this is ongoing. But there are those who believe that the fight is only targeted at members of the PDP. What is your take on this?

    I think it is over blotted because what you have is a previous government structure that involved a lot of people in corruption. If we go forward and there is substantial period of time spent by the APC in governance and there are people who are corrupt, that will also be looked into. But as it is now, my understanding is that if you are in government in the previous years and you are involved in transactional misrepresentation or corruption, it is only fair that you get questioned for those things. Even as it is right now, it is not everybody that is being investigated yet. So, the basket is just too large and so, you have to pick those that come to mind immediately and begin to deal with it. Don’t forget that our capacity at law enforcement and investigating corruption has also been corrupted over the previous years. So, this is what has to happen now and when they say it is selective, it is a way of discrediting the exercise and put in people’s mind that it is truly selective. But of course, the corruption was also done selectively.

    You were the pioneer National Secretary of the APC. There is a lot of concern right now that the unity in the party is seriously shaken to the extent that some of the national officers are not allowed to perform their functions. What do you think is responsible for this?

    I have not been able to get a picture of what you just described. I do understand that there are party dynamics that happened whenever a coalition comes into being. As they say, there is a thesis, an antithesis and there is a synthesis. We are now getting into a synthesis where everybody will now be woven into one. Whatever comes out of this synthesis is the new APC.

    One issue that people felt was not well handled by the party after its inauguration last year was the emergence of leaders for the National Assembly. As a former Secretary of the party, what would you have done differently if you were in charge of the affairs of the party?

    I will not say that anything would have been particularly handled differently. I agree with you that the issue of the National Assembly was probably not well handled; it was not handled with the same thought process like it should have so that we avoid the crisis in the first place. I will decline to tell you if I would have handled it differently or not, given the fact that I don’t know what the particular situation was at that time. But it was obvious to everybody that it was not handled appropriately.

  • Power of National Assembly to scrap a state

    In its Tuesday, May 3, edition, on pages 43 and 48, The Guardian carried the contents of an interview it granted to Kemi Balogun, a Senior Advocate of Nigeria (SAN), in which interview he wrongly asseverated that the National Assembly could easily set at naught, to use his language, scrap, any of the federating units (states, like Ekiti, for instance) as currently constituted if it is able to mobilize two-thirds of its members to do so. According to him, “they (the States) have no option because they are the creation of the centre….” Continuing, he said, “The centre that created them can swallow up the states here. An Act of the National Assembly can scrap them…If 2/3 of national assembly elects to scrap a state, it is scrapped.”

    Two-thirds of the National Assembly? That is, about 312 national parliamentarians can scrap a state, a federating unit?

    I beg to disagree, with respect.

    Apparent in the foregoing statements of the learned Senior Advocate is a certain sad misconstruction of the constitutional provisions on the limits of the powers of the National Assembly. The Constitution of the Federal Republic of Nigeria 1999 (as amended), the fons et origo of the Nigerian legal system, provides in its section 2 subsection (1) that “Nigeria is one indivisible and indissoluble sovereign state to be known as the Federal Republic of Nigeria.” Subsection (2) thereof forcefully reinforces that stipulation by announcing that “Nigeria shall be a Federation consisting of States and a Federal Capital Territory.” For good measure, section 3 (1) thereof bolsters up subsection (2) when it expressly delineates the number of states in the federation. So, for the National Assembly to ever think of doing something about scrapping a state (a federating component), it has to amend section 3 (1) and the first column of Part 1 of the First Schedule to the 1999 Constitution (as amended) in line with the restrictive provisions of section 9 (1) (2) thereof.

    Where that gamble ever succeeds, it must be noted that in a federation, each of the constituent units has homologous powers, never mind that the Nigerian federating units were the creation of decrees. The learned Senior Advocate ought to know that if the military decreed any matter into being, such a matter acquired the irrefrangible and inviolate sanctity of continuance until set aside by another decree. Not so easy in a democratic dispensation! A federating unit created by a decree immediately acquired a coordinate status with the central authority.

    Political pundits, worldwide, agree that a federation is characterized by a union of partially self-governing states (as in Nigeria) or cantons (as in Switzerland) or regions (as in Australia) or Bundeslander (as in Germany and Austria) under a central government. In a federation, the self-governing status of the components, as well as the division of power between them and the central (federal) government, is typically constitutionally entrenched and may not be altered by a unilateral decision of either party, the states or the federal political body.

    According Sir Kenneth C. Wheare, former Rector of Exeter College, Gladstone, and Professor of Government and Public Administration, University of Oxford, and author of “Federal Government”, “The federal principle requires that the general and regional governments of a country shall be independent each of the other within its sphere, (and) shall not be subordinate one to the another but co-ordinate with each other….” The Constitution of Nigeria says that Nigeria, by reason of its being a disparate congeries of ethnic nationalities, is a federation. So, whether the practice of federalism in Nigeria by over-ambitious Nigerian rulers dovetails into that entrenched constitutional provision or not is immaterial. The centre cannot legislatively wish away one of the component parts of the federation. The National Assembly cannot even remove a state governor or his deputy let alone scrap the state over which they preside. The proviso to section 11 (4) of the Constitution warns the National Assembly:

    “Provided that nothing in this section shall be construed as conferring on the National Assembly power to remove the Governor or the Deputy of the State from office.”

    The powers of the National Assembly over the states are limited to those spelt out in section 11 (3) (4) of the constitution and to those adumbrated on the Exclusive Legislative List, which are outside the jurisdiction of State Houses of Assembly. Even where the National Assembly, under section 11 (3) of the constitution, can legislate on behalf of any State House of Assembly during a period of war involving Nigeria, the extension of such legislative powers terminates with the end of the war. Prof. K.C. Wheare, in his “Federal Government”, warns that “this extension of authority cannot be justified in time of peace, of course, and it is natural that after a war the limits of the general government’s authority will recede.”

    Section 9 of the 1999 Constitution provides that, “The National Assembly may, SUBJECT to the provisions of this section (i.e. subsections (3) and (4) thereof), alter ANY OF THE PROVISIONS OF THIS CONSTITUTION” (emphasis added). The scrapping of a state (a federating unit) is NOT one of the provisions of the 1999 Constitution, which the National Assembly has powers to alter, neither is such a power located in either the 68-item Exclusive Legislative List nor in the 30-item Concurrent Legislative List.

    I dare say, with the profoundest respect, that it becomes clear that the Senior Advocate of Nigeria laboured under some insuperable confusion and a penumbra of irrationality when he blurted out that: “Majority of them (i.e. of the states) were created by decrees. We do not have decrees again. What we have now is the National Assembly,” suggesting that the National Assembly has more powers than the military authorities ever paraded! He knows or should know that the military and its decrees, unrestricted by any rule, written or otherwise, could and did promulgate, by military fiats, laws which the National Assembly, hedged about by restrictive constitutional provisions, cannot venture to enact?

    Today, the powers given to the National Assembly by the Exclusive and even Concurrent Legislative Lists of the 1999 Constitution are so unwieldy, so enormous, they make the national legislature hard put to it to find its way in the labyrinth of law making. Mr. Kemi Balogun, SAN, should not add more to the functions of the National Assembly. Instead, he should lend his influential voice, as a Senior Advocate of Nigeria, to the strident calls for devolution of powers from the centre to the federating units, and for fiscal federalism. For the scrapping of a federating unit or the merger of two or more such units, a plebiscite or referendum within that unit or those units, is a desideratum devoutly to be wished, a sine qua non, a condition precedent that cannot be pretermitted.

  • Reps may reduce age for eligibility into elective offices – Dogara

    Reps may reduce age for eligibility into elective offices – Dogara

    The reduction of age for eligibility into elective offices will be considered in the next constitution amendment to allow youths to participate fully  in the political process., the Speaker of the House of Representatives, Hon Yakubu Dogara has said.

    Dogara who made the disclosure while Speaking with students from various universities across the country at the National Assembly, also charged youths to participate more actively in politics by breaking voters’ apathy, and electing leaders who will secure their future and interests.

    His words: “I am acutely aware that young people often find themselves on the fringes of the political process. We need to develop a structured manner of involving our students and youths in the political process. I think it may not be out of place to lower the age qualification for certain elective offices in the next constitutional amendment exercise.”

    He said political apathy among young people, is translating to low voters’ turnout, adding that such an attitude must change.

    “Many young people are not involved in voting during elections which threatens the representative nature of our democratic institutions,

    “This country belongs to you but it’s under the stranglehold of men and women of a generation that have overreached itself. The truth is that nothing will be ceded or conceded to your generation without a fight. In this endeavor, your voices mean nothing if you don’t have the votes.

    “Therefore, all students in Nigeria must not only register to vote and cast their votes during elections, they must also ensure that their votes, count. There is  no other better way by which you will earn respect for yourselves and ensure that the gifts you have taken to the university to polish ultimately benefit your generation.”

    Dogara however urged the students to seek a balance between student unionism, activism and academic excellence.

    “Young students like you possess abundance of passion, drive and the spirit of adventure thus risk taking comes naturally to the young. The idealism of youth must, however, be tempered by the need to excel academically in school. Any student who places activism over academics will sooner than later be left behind by his classmates. You must therefore strike the right balance between activism and academic and social progress.”

    “I believe strongly that the culture of peaceful protest, demonstrations and general activism is not only necessary in a democratic state but is in fact a constitutional right. This ensures accountability of government to the people. Resistance to tyranny, crusade for justice and good governance require courage, patriotism and ideological purity.

    “It was Martin Luther King, Jnr, who said that: “freedom is never voluntarily given by the oppressor, it must be demanded by the oppressed”. Indeed, ‘the man dies in all who keep silent in the face of tyranny’, to paraphrase Prof Wole Soyinka. The culture of protest that I endorse must be uncompromisingly peaceful and non-violent. It must be based on selflessness and not aided by ambition or corruption. It must be for the right reasons and procured only by the purest of motives.

    “It must not be based on propaganda and misinformation. It must be non-partisan. Students should never allow themselves to be used by politicians to score political points or by state or non-state actors to pick sour grapes on their behalf.”

    On the issue of youth unemployment, the Speaker assured the students that the House takes youth unemployment in Nigeria as a top priority “which is why as part of the Sectoral Debates of the House of Representatives, it is engaging the executive on how to diversify the economy and create jobs for our people.”

    The Senate leader, Senator Ali Ndume who represented the Senate President Bukola Saraki said it was important for the students to learn the workings of the Parliament

    He added that Leadership begins at the level of the students. The young ones, he said, are the leaders of tomorrow and hope of the country. He urged them not to be derailed.