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Tag: referendum

  • ‘Why National Conference report can’t go to referendum’

    ‘Why National Conference report can’t go to referendum’

    House of Representatives Deputy Majority Leader Hon. Leo Ogor represents Isoko Constituency, Delta State. He spoke with BOLAJI OGUNDELE on the national security, the National Conference and the defection of legislators from the All Progressives Congress (APC) to the Peoples Democratic Party (PDP).

    Why is the military finding it difficult to quell the Boko Haram insurgency?

    Terrorism is very alien to us. This is our first time and what we are fighting today is more like a guerrilla warfare, fighting people we do not know. It becomes very difficult to identify them, it is extremely difficult because they strike and go away. They are not based in a specific place. You must also appreciate the fact that guerrilla warfare is one of the most difficult any country can fight. Agreed to the fact that it is alien to us, it will take time for our military to update themselves with this kind of battle and this is what is happening. I make bold to say that if it was a normal warfare, our military has been judged as one of the best in the world in the peace missions they carried out.

    We should not listen to some of these propaganda coming from the press. Of course the terrorists know what they are doing; they definitely want to create some doubts in our minds and I am wholly of the opinion that because we are fighting something that is a bit alien to us, it will take time, but we will get there.

    Actually the point I was trying to drive at is the complaints by the Nigerian security forces that even if they have the best men, they are not well equipped to face the kind of battle.

    Those are hearsays. I have not heard the Chief of Army Staff nor the Chief of Defense Staff nor any of those top military ranks making such a categorical statement.

    Is the House of Representatives considering investigating some of these allegations?

    There is nothing wrong in investigating allegations where there are alleged misappropriation of funds, but you must also look at the timing of what you are doing. We will not want to tamper the moral of our soldiers. It will be very dangerous for us to start investigating our army today, where they are in the battle front. I, Hon. Leo OkuwehOgor, will not be a party to that. For anybody to be at the battle front, to stake his life, we must respect him and know that that man or woman is a patriotic citizen. We will look at the subject matter, but not now, maybe later. As at now, we need to encourage our army, we need to give them support, and I am one of those that will do anything to stop any investigation at this time.

    After the whole crisis, when we will be celebrating, we can then say the time and hour has come for us to dot the Is and cross the Ts.The essence of investigation, a lot of people tend to misunderstand what investigations are, we investigate to correct some level of anomalies that are there in the system, we investigate to carryout a law making process, so that some errors that are seen in the system are corrected. We use the opportunity, those investigative powers under the provision of Section 88 and 89 of the 1999 Constitution, as amended, to block those loopholes.

    Why do you think that defected members of the House should not sit in the Chambers?

    The 37 members, like I told them, I have insisted that those 37 members are still PDP members until the court rules otherwise. I have also emphasized that there is no way those people can vote or participate in any issue of voting, till the court comes out with its final decision because, as I said and will want to quote myself again that, assuming tomorrow the court rules otherwise that no, you cannot defect and we allow them to take a decision that may not favour my political party, which is the PDP, at the end of the day, we would have cost ourselves an irreversible pain, because the damage then would have been done.

    So, we insist that let the court process be completed. If by any chance the court rules that in line with the provisions of the Constitution that they can cross-carpet to another political party and if they are in the majority, I said that, I, Hon. Leo Ogor, will move the motion that they should take over the positions, but until the court rules otherwise, they have no business in taking over the leadership of the House. One way or the other, I was vindicated by the court rulings, so they have indirectly accepted that they are a minority for now, the matter is before a competent court of jurisdiction. They did an appeal recently, but the court process will be concluded and final decisions will be known. I know and I am convinced beyond reasonable doubt that the end result of that judgment will come out in PDP’S favour because the constitution is too clear.

    Is the national Conference living up to expectation?

    Let me draw reference from three sections of the constitution. The provision of section 4 stipulates clearly that the National Assembly must make laws for the good governance of this country, while section 5 of the constitution vests the powers of implementing those laws in the President and section 6 gives the Judiciary the power to interpret our laws. Guided by these three sections, there are clear processes in introducing bills to the House, which is clearly stipulated under the provisions of Section 58 of the 1999 Constitution, as amended.

    In respect of bills, whether a constitution amendment or whatever, anybody can introduce a bill to the House because this is the only House that is saddled with the responsibility of making laws for the good governance of this great nation.In my assumption, Mr. President has clearly seen that there are challenges all over the place; terrorism, corruption, resource control, regional, tribal issues and a host of them. Mr. President, in his wisdom, decided to put a team of Nigerians together, knowing fully well that there are challenges, issues pending, disturbing the project Nigeria, he said‘let us come together and articulate a firm position’ and I don’t see anything wrong with that. Whatever you see going on, there is nothing wrong. I have always emphasized that in every democracy, the majority will always have their way and the minority their say, but what I see there is an articulation of challenges that are confronting the country, and when they conclude, the president will itemize all these things and present them before the lawmaking body of this country, there is no alternative to that.

    Can the outcome of the conference be subjected to a referendum?

    The President has the powers, as a Nigerian, as the Commander-in-Chief of the Armed Forces, to introduce bills to the National Assembly and I call them Executive Bills. I will not question the modality or the methodology which he will use in introducing his bills, I am 100% in support of that. But I also want to refer to the provisions of Section1, Sub-section 2 of the constitution that stipulates that any law or act contraryto the provisions of the 1999 Constitution is null and void. There is no room for a referendum in this country, let no body deceive you. Sometimes I do not want to go into the details of whether it is the people’s constitution or not, but if we are abiding by the constitution, we can accept that it is the people’s constitution. If that is the case, where is the room for a referendum? The only way out, and I make bold for anybody to challenge me, you must bring that process to the National Assembly. The Constitution, under the provision of Section 68 of the 1999 Constitution, as amended, has stated clearly the modality and methodology of making laws, it didn’t say you can make laws by a referendum.

    Is it possible for us to drop our current constitution for a new one?

    No, it’s not possible. The only way we can change anything in the constitution is to go through the amendment process. So the issue of referendum is out totally. There was an amendment process going on before this,the process is still on. As at now, we are at a conference, the conference will meet as soon as we resume. They will tabulate all these issues and bring them before the National Assembly for us to give it some high level of legislative fireworks.

    How has your stay in the National Assembly affected your constituency and your constituents?

    We have been able to attract so many projects to the constituency. I make bold to say that there is no community in my federal constituency where you will not see one federal project

  • ‘Conference without referendum is meaningless’

    Lawyer and social critic Dr. Theodore Okonkwo spoke with OGOCHUKWU ANIOKE on the November 16 Anambra State governorship election, national security and President Goodluck Jonathan’s decision to forward the report of the proposed National Conference to the National Asssembly for ratification.

    What is your assessment of the electioneering in Anambra State?

    Really, it is a challenge. We have a 18 candidates. But there are three major candidates you cannot easily push away. Somebody like Senator Chris Ngige of the APC, Ifeanyi Ubah of LP, Willy Obiano of APGA, and the PDP, though they have crisis. These are the major contestants; they are no pushover. In Anambra, we want power to go to Anambra North and there is nothing wrong with that.

    But there is nothing like zoning in the constitution…

    Is there federal character in the constitution? And they say that federal character must be reflected equitably at federal, state and local government levels. There are things you call precedence, everything must not be written in the constitution. United Kingdom does not have a written constitution, but they operate one of the best democracies in the world. So, you don’t need to have everything written before you operate it. Equity demands it. Forget about legality; it is about equity, unity and peaceful coexistence of the people.

    What type of governor do you think Anambra needs at this point in time?

    We need somebody who will be financially prudent, humble and who is interested in human capacity development. We want a governor that will take security seriously. Since Peter Obi came to power, the challenges we had in security have reduced. Kidnapping is general, we have it everywhere in the country. The governor has been able to contain them within his human limitations because, once you are arrested your house will be demolished and he has been doing that. All of them have all ran away now to Delta State and some to Lagos. So, Anambra is no longer a haven to kidnappers. Of course, it is not possible to eradicate crime totally; you can only reduce or contain it.

    Do you have the confidence that INEC will conduct a free and fair election?

    The INEC led by Prof.Attahiru Jega have done it before and why will they not be able to do it again? The problem with Nigeria is that, if you are losing, you will start to cry foul. Why not go into the field and test your popularity and at the end, if you are dissatisfied go to the tribunal? The procedure is already there and we should not start throwing stones at the INEC, like what happened recently in INEC office in Anambra where some PDP officials were fighting. The problem is not INEC but with the politicians, if they can learn to play by the rules of the game there will not be any problem. So, the INEC is not the problem; they have done reasonably well and we should encourage them.

    What is your advice to the youths and electorate in Anambra State?

    The electorate should come out and vote massively on November 16. The youths should avoid violence and thuggery. It cannot lead us anywhere. We, the Igbos, have had our own share of violence from the civil war times and we do not want such again in Anambra state.

    The President recently raised a committee on the National Conference. What is your take on this?

    It is over due, whether you call it a confab or Sovereign National Conference. But the area I am not comfortable with is what the President said that the outcome of the confab will still be subject to ratification by the National Assembly. I disagree, otherwise, let them forget about it. Let whatever will be the outcome be implemented completely. Sovereignty belongs to the people and not the National Assembly. So, why call for a national conference and then, you go back to the National Assembly for ratification.

    Of course, you know what happens, if the outcome does not favor the North, the senators may not allow it to pass and same with the South. So, whatever the people will agree on at the national conference, let it not be subjected to any other litmus test. Let what the people say be implemented. Subjecting it to the National Assembly is political and that will be the end of it. Obasanjo tried something like this before and the National Assembly hijacked it and till today, nothing was done with it. So, whatever the people decide, let it be implemented. Also, political parties should not be involved in the confab; they should be left out of it, but all ethnic groups must be involved.

    But do you think the President is sincere? Why the sudden change of heart towards the conference ,which he has always spoken out against in the past?

    Jonathan is a democrat and that is the reason for the change. During the last general elections, Igbos agreed that they will not contest the Presidency, that shows you the kind of man he is, a true democrat and as a democrat, he listens.

    Instead of different tribes attacking each other and fighting, let us come together and discuss that problem. It will reduce the heat and tension on the polity. So, this step that the President has taken should be encouraged, but I repeat, let whatever is the outcome of the conference not be subjected to any other ratification by the National Assembly, but should be wholly implemented.

    What are the issues that you think should be discussed at the conference?

    There should be no no-go areas for discussion during the conference. The first issue should be, do we continue as a federating unit? If yes, then, let there be a true federation. The issue of everyday, governors are rushing to Abuja, that shouldn’t be so in a true federation. Let’s operate a true federation, but if we cannot operate a true federation, then, let’s have a confederation. In a true federation, my governor has no business going to Abuja every time.

    So, let their be true federation and let each of the federating units be autonomous, both financially and otherwise. Then, the issue of resource control, let the states control their own resources. If oil is found in a state, let that state control it.

    What they should be paying to the federal government is only royalties and taxes. The state of Wyoming and Texas in the US have oil, the American government does not control their oil. What they pay to the centre is royalties and taxes. But, here it is on the exclusive list. So what they should first do is to remove resource control and mineral development from the Exclusive List and place it in Concurrent List or even make it exclusive preserve of the states that produce all these minerals and then, pay taxes to the federal government. Then,you find out that the governors will stop rushing to Abuja. They will spend more time in their states attending to the needs of the people. Why should all the Commissioners of Finance converge in Abuja every month to share the revenue? It is not done. You do not need to go there and share the wealth of the country. Let there be a true federation in the country and then. there will be peace. The Federal Government is strangulating the federating units and there is need for a change.

    Recently, some governors said the President should not contest for a second tenure. What is your reaction?

    Well, let me, first of all, say that they are entitled to the freedom of expression and association. But, the insinuation that President Goodluck Jonathan should not contest is a falsehood. The constitution says that the man is entitled to contest. Let them go to court, if they are in doubt, instead of going to the print media to cause confusion and sponsor riot.

    They can go straight to the Supreme Court because it is a constitutional matter. So, they can go straight to the court for interpretation ,instead of trying to overheat the polity. But I think all this talk of 2015 is distracting the governors and the President. It is too early. Even, the President also stated this in his last media chat, that it is too early. They should allow our elected officers to concentrate on delivering the democracy dividends to the people first before issues of election and re-election.

    But will you say the President has done very well to deserve a second term?

    Yes, let me start with the issue of power. In the past, I used to run about 200 liters of diesel in a week, but now I run about 50 liters of diesel for about two to three weeks. That shows that there is improvement in the sector. Boko Haram is also being tackled. Let us not forget that these things have been there for a long time before he came in. So, he is trying his possible best to solve them. These things cannot be overcome in a day.

    The President is doing his best to resolve these problems within the environment and confinement of Nigerian politics. It is not easy to govern Nigeria, with its multi ethnicity nature and complexities in opinions and talks. Some are so parochial and so tribalistic that they believe that nothing good will come out from any other person, except from their own side and, when anything does not favour them, they will try to stir up confusion in the country. Nigeria was recently elected into the UN Security Council and that is another kudos and confirmation by the international community that Mr President is doing well.

  • NBA: Constitution amendment incomplete without referendum

    NBA: Constitution amendment incomplete without referendum

    The Nigerian Bar Association (NBA) has said any amendment of the Constitution without a referendum is incomplete.

    It said the amendment should be an ongoing exercise, and that the process should be initiated through a bill.

    NBA said some institutions should be constitutionally insulated from executive interference. Such institutions, NBA said, include the courts, the police, the electoral umpire, the accountant-general, the central bank, human rights commission, among others.

    NBA President Okey Wali (SAN) spoke at the association’s Annual General Conference in Calabar, Cross River State.

    Wali said a good Constitution should be measured against the standards of inclusivity (whether owned by the people to ensure credibility), validity (through referendum) and transparency.

    “The only way to achieve a people’s Constitution is through a referendum,” Wali said.

    On governance and rule of law, NBA said impunity and executive lawlessness must give way to law and order, which is essential for good governance.

    One method of doing so, the association said, is incorporation of independent national institutions vital to democratic consolidation in the Constitution.

    Wali said: “There should be solid guarantees that make them independent and free from interference, funding, tenure, etc. The NBA suggests adoption of Chapter 9 of the Constitution of South Africa titled: ‘Institutions Consolidating Democracy.”

    Former Chief Justice of Nigeria, Mohammed Alfa Belgore, described the presidential system of government as wasteful.

  • Conduct referendum in Bakassi, Reps tell Jonathan

    The House of Representatives yesterday urged the Federal Government to conduct a referendum to allow Bakassi residents decide if they would remain citizens of Cameroon or Nigeria.

    The House also ruled that in as much as the National Assembly was yet to ratify the said agreement that ceded Bakassi to Cameroon, the contentious area would remain Nigerian territory.

    These resolutions were sequel to a motion brought before the House by a member, Essien Ayi (PDP-Cross River).

    Members also faulted the United Nations Green Tree Agreement, which facilitated the handing over of the Peninsula to Cameroon.

    Ayi said the Federal Government ought to appreciate the rights of the people to self-determination by virtue of which they should determine their political status and freely pursue their economic, social and cultural development.

    He said: “Bakassi people deserve to be given a platform to exercise their right to self-determination which is an inalienable right provided in Article 1 of the 1966 International Convention on Civil and Political Rights.

    “Several referenda were held across the globe at different times for the purposes of protecting the fundamental human rights of the citizens involved, for example, a referendum was held from January 9-15, 2011 in Southern Sudan where the Republic of Southern Sudan opted out of Sudan.

    “In Egypt, a referendum was also held on March 19, last year and same in Switzerland in June last year, among others.”

    He said the incessant and blatant violations, frequent extra-judicial killings and incarceration by the Cameroonian Authority, is regrettable.

    House Minority Leader Femi Gbajabiamila (ACN-Lagos) said the ICJ judgment and Green Tree Agreement was not binding on Nigeria.

    “As long as Bakassi is still in the constitution, we can go ahead and hold a referendum there.”

    Speaker Aminu Tambuwal, who presided over plenary, yesterday said Bakkassi still remains in Nigeria.

    Tambuwal declared the handover as “physical, but illegal”.

    He quoted sections 12, 8, 1(4) and 4 of the 1999 Constitution to buttress his ruling.

  • Falana backs NBA on referendum

    Activist lawyer and former President of the West African Bar Association (WABA) Femi Falana (SAN) has backed the call by the Nigeria Bar Association (NBA) for a referendum as a fundamental part of the ongoing efforts to amend the 1999 Constitution.

    He said the referendum will enable Nigerians contribute to the amendment.

    Falana, who declined an invitation to serve as an alternate chairman on the NBA Judiciary Committee, called for the full democratisation of the NBA.

    In a memo to NBA President Okey Wali, on December13, Falana said: “I thank you and the National Executive Committee (NEC) of the NBA for appointing me as an alternate chairman of the Judiciary Committee of the NBA.

    “Regrettably, I am unable to take up the appointment due to the reasons which will become clear anon.

    “Permit me to join the NEC in supporting your suggestion that the on-going review of the Nigerian Constitution by the National Assembly be subjected to a referendum, so as to have the input and imprimatur of the Nigerians.

    “Your timely suggestion cannot be faulted as it accords with Section 14(2)(b) of the  1999 Constitution, which guarantees the participation of the people in their government.

    “However, the NBA leadership, which is campaigning for popular participation in the politics of the country has been accused of hypocrisy for excluding many lawyers from the meetings of its NEC as observers, or from participating in the Annual General Conference on account of their inability to pay prohibitive registration fees.

    “The NBA leadership has also been accused of appointing the same set of lawyers into all statutory bodies in which the NBA is represented.

    “For instance, positions in the National Judicial Council (NJC), Council of Legal Education, Federal Judicial Service Commission (FJSC), Legal Practitioners Privileges Committee (LPPC) and Body of Benchers are reserved for serving NBA President, past NBA Presidents and a selected Senior Advocates of Nigeria (SAN).”

  • Reps, NBA bicker over referendum for Constitution Review

    The House of Representatives and the Nigeria Bar Association (NBA) once again took opposing views on the planned public sessions as part of the constitution review process.

    The process begins tomorrow across the 360 federal constituencies.

    During the opening of the public sessions by the Emeka Ihedioha-headed Ad hoc Committee on the Review of the 1999 Constitution yesterday, the NBA reiterated its position on the style adopted by the House.

    NBA President Okey Wali (SAN) said the association would have preferred a referendum to infuse the position of the grassroots and the average Nigerian.

    The NBA chief said the argument proposed by the House that referendum is not in the constitution is the same argument that should bar the House from continuing with the planned public sessions as such a process was absent in the constitution.

    Wali said some of the issues the NBA would want addressed are indigeneship and state creation and that this should be by referendum.

    But Speaker Aminu Tambuwal expressed misgiving over the call for a referendum.

    He said: “While acknowledging the public compliments that have greeted the peoples’ public sessions initiative, I also note the well intentioned suggestions for alternatives, the most prominent being the referendum.

    “The House is conscious of the fact that in Section 4 of the constitution, legislative powers are vested in the National Assembly and in Section 9, the procedure for altering the constitution is expressly prescribed.

    “We also do not lose sight of Section 14, which encourages the promotion of popular participation by the citizenry in governance.

    “I consider it imperative, both in my capacity as Speaker and a lawyer, to say our preference is for the peoples public sessions rather than referendum.

    “As an institution, we have sworn to defend the constitution. This implies that whatever our zeal in responding to public and even popular opinion on issues of critical national importance we must at all times be guided by the spirit and letter of this constitution.”

    Ihedioha, who is the Deputy Speaker, said the House had been concerned on how to achieve constitution amendment by involving the people.

    “It is in pursuit of this goal that the House leadership asked members of the House to go to all the 360 federal constituencies to mobilise the participation of Nigerians in the process.

    Special Adviser to the President on National Assembly Matters Senator Joy Emordi, who represented President Goodluck Jonathan, lauded the House “for the wonderful initiative to give us a people oriented constitution.”

    She said the constitution amendment in 2010 “left some grey areas” adding that “creation of states is an areas that must be looked at.”

    Senate Deputy Leader Abdul Ningi, who represented Senate President David Mark, urged the the National Assembly to stop trying to legitimise the constitution amendment.

    “Section 9 of the constitution spells out that the National Assembly has the power to review the constitution, so the legitimacy is given.

    “We were able to amend the constitution in 2010 and it’s an indication that we have the power. Anyone that has problems with that should get the people’s mandate correctly. They should come to the National Assembly.”

    He said the National Assembly is not amending the constitution by whims and caprices but by the will of the people.

    President of the National Union of Journalists (NUJ) Garba Mohammed said the union would want the Freedom of Information (FOI) Act included in the constitution review.

    “We want an Act on the public media whereby it will be independent, particularly where it concerns the ruling party,” he said.

    The Nigeria Labour Congress (NLC) hailed the House for engaging Nigerians in producing a truly Nigerian constitution.

    Its President, Abdulwaheed Omar, said: “Being the true representatives of the people, you have done well in engaging all Nigerians in the constitution review.

    “I know with this we’ll have a credible, workable and reliable constitution that will be acceptable and owned by Nigerians.

    “The Congress is advocating for local government autonomy in the new constitution.”

    The National Council for Women Society caused a stir when its President, Mrs. Nkechi Uba, sought for a constitutional recognition of the First Lady’s office.

    “This is so we can put them in the budget for empowerment of women in the country,”Mrs Uba said.