‘…Power devolution to states needed’,…Monarchs demand constitutional role in governance,…2014 National Confab report should be considered – Expert,…We want autonomy for local govts – Workers,…CFGG seeks revenue-sharing formula review
Both chambers of the National Assembly like those before them from the 5th to the 8th Assembly, have ad-hoc committees on Constitution Review, from which reports are expected in July, this year. TAIYE ODEALE in this report examines the issues in focus for both committees.
Like the four previous exercises carried out in the past during the current democratic dispensation, constitution review committees of both the Senate and the House of Representatives are working on possible amendments on some provisions of the 1999 Constitution as requested for by concerned citizens or groups in the society through memoranda submitted to that effect.
Topmost of such demands is power devolutions from the centre to constituent units or better put, from the Exclusive List being operated upon only by the federal government to the concurrent list operated upon by both the federal and state governments. Agitators in this direction are concerned groups like the Afenifere socio-cultural group, Ohanaeze Ndigbo, Middle Belt Congress, Southern Leaders Forum and even the All Progressives Congress (APC), going by the recommendations of the Governor Nasir El-Rufai-led Committee.
The various groups as stated in their various memoranda argued that Nigeria, being a diversified entity, should run a decentralised federation like the 24 others in the world and not an over centralised one bequeathed to it by the military in May 1999. Specifically, it is their belief that the drafters of the Constitution putting 68 items on the exclusive list and only 30 on the concurrent list , made the federation to be unitary in nature.
Items on the Exclusive List which can only be legislated or acted upon by the federal government are accounts of the government of the federation, and of offices, courts, and authorities thereof, including audit of those accounts; arms, ammunition and explosives; aviation, including airports, safety of aircraft and carriage of passengers and goods by air; awards of national titles of honour, decorations and other dignities; bankruptcy and insolvency; banks, banking, bills of exchange and promissory notes; borrowing of moneys within or outside Nigeria for the purposes of the federation or of any state; census, including the establishment and maintenance of machinery for continuous and universal registration of births and deaths throughout Nigeria; citizenship, naturalisation and aliens and commercial and industrial monopolies, combines and trusts.
While some items on the list like Defence, External Affairs, Census, Registration of Birth, Immigration and Emigration, etc, are considered by the agitators to be perfectly right in putting them under the exclusive control of the federal government, others like items 11 which dwells on construction and maintenance of Roads categorised as Trunk A, 39, which dwells on Mines and Minerals 45 , which dwells on Policing and 61 which deals with formation and dissolution of marriages etc, should be added to the 30 items on the concurrent list where both the federal and state governments have constitutional powers over .
In fact, as sighted by this reporter from some of the memoranda submitted, interests groups such as Middle Belt Congress (MBC), Coalition of Federalists for Good Governance in Nigeria (CFGG), YIAGA Africa, etc, in their agitations, seek constitution amendments along that direction.
CFGG’s requests
Specifically, the CFGG in its memorandum signed by its national secretary, Aishat Jibrin, requested that: “In specific terms, we humbly propose to this Committee the alteration of relevant provisions of the 1999 Constitution (as amended) in addressing Items Two and Five of your areas of operations.
“On Item Two which dwells on the federal structure and power devolution, we want mining to be moved from the Exclusive List to the Concurrent List in paving the way for each of the 36 states of the federation to have the constitutional rights of exploring and mining the mineral resources within their domains.
“This, to us, will have multiple multiplier effects of stopping illegal mining across the country to enhance the economic fortunes of each of the states and provide the needed jobs for Nigerians at state level.
“Also, Federal Trunk Roads otherwise known as Trunk A roads except the ones linking Nigeria to another country, should be handed over to affected states territorial wise, as largely obtainable during the first republic when engineering designs cum master plans for construction of such roads were handled by the federal highways unit of the Federal Ministry of Works.
“This, to us, will rescue the federal government from the current self-inflicted suffocation it is facing as regards fixing of the 35,000 kilometres Trunk A roads across the country.
“On item 45 of the Exclusive List which dwells on policing, we strongly advocate for removal of policing from the Exclusive List to the Concurrent List to pave the way for states that have the financial muscle to establish their own police Commands. Crime largely is local, requiring a local solution. Besides, of all federations in the world, it is only Nigeria that is running a centralised police structure with the attendant inefficiency and increasing waves of crime and criminality across the country.
“The fear of such ideas being abused by state governors is a clearly misplaced one because federal police cum DSS operatives will still be on ground across the country to checkmate that.
“The establishment of state police as obtainable in other federations of the world would not only help in proactively fighting crime and criminality at the grassroots but also water down the so-called ‘federal might’ unconstitutionally and undemocratically exhibited by government in power at the centre during general elections and invariably enhance the credibility of the electoral process.
“Finally, in empowering the states for efficient performance of the foretasted responsibilities if the proposed constitution alteration is effected; we strongly advocate for review of the revenue sharing formula from the lopsided nature it is presently to 40% for the federal government, 36% for the 36 States and 24 % for the 774 local government councils as against the 52.68%, 26.72% and 20.60% in operation respectively with attendant avoidable wastages at the centre.
“In fact, in ideal federations and as obtainable in Nigeria between 1954 and 1966, it should be the federating units (states) contributing certain percentages of proceeds made from exploration and exploitation of resources in their domains to the centre and not the national cake sharing formula being practiced now.”
Omo-Agege’s declarations
Confirming the enormity of requests for power devolutions in most of the memoranda already received, the chairman of the Senate Ad Hoc Committee on Constitution Review, Ovie Omo-Agege, declared at the weekend that most of the requests were along that direction.
The Deputy President of the Senate who made the declaration while featuring in a current affairs programme on TVC, The Platform, anchored by Sam Omatseye, noted that all the 36 governors are unanimous that more powers be moved from the Exclusive to Concurrent Legislative List.
“I don’t know of any governor in this country today who doesn’t subscribe to the idea that the content of the Exclusive Legislative List is not too cumbersome and there is the need for some shedding of weight by the federal government. I am sure practically all governors will subscribe to that so we can have some of these powers devolve to the states,” he said.
Perhaps, the serious part of the current exercise is the involvement of different categories of people in society demanding for one constitutional empowerment or the other. Precisely, about three weeks ago, the royal fathers under the aegis of the National Council of Traditional Rulers had interfaced separately with the Constitution Review Committees of both the House of Representatives and the Senate for that purpose.
While in the House of Representatives, the Council led by the Etsu Nupe, Alhaji Yahaya Abubakar, on behalf of the Sultan of Sokoto, Alhaji Muhammadu Saad Abubakar, and the Ooni of Ife, Oba Adeyeye Eniitan Ogunwusi, as chairman and co-chairman of the National Council of Traditional Rulers in the country made its submissions to the deputy speaker, Idris Wase, in his capacity as the chairman of the Ad Hoc Committee of the House of Representatives on Constitution Review.
When the monarchs met the Senate Ad Hoc Committee on Constitution Review chaired by the Deputy President of the Senate, Ovie Omo-Agege, the President of the Senate, Ahmad Lawan, and other principal officers of the Senate were also physically present to listen to and receive the demands of the royal fathers.
The traditional rulers as contained in the 19-page written memorandum they submitted wanted amendments to the 1999 Constitution through constitutional establishment of (i) National Council of Traditional Rulers of Nigeria (NCTRN) that will be chaired by whoever is the incumbent president of the country and constituted in membership by three foremost traditional rulers from each state of the federation and chairman of the Traditional Council in FCT (ii) State Council of Traditional Rulers and (iii) Local Council of Traditional Rulers.
Pointedly, the royal fathers want powers and functions taken away from them by the 1976 Local Government Reform and 1999 Constitution to be restored to them.
Monarchs’ demands
The leader of the delegation specifically declared that the 1976 local government reform, carried out under the Obasanjo military regime, crippled the Institution in the running of governance at the local level like arbitration on issues like marital, land theft, etc, within an Emirate or community just as the 1999 Constitution stripped them of constitutional rights of being part of the National Council of State meetings.
He said, “At independence and even before, precisely during the first republic, both the 1960 and 1963 constitutions gave traditional rulers substantial roles to play in governance through bicameral legislature at the regional level with the House of Chiefs in place along with parliaments meant for elected representatives.
“But the military interregnum which started with the Aguyi Ironsi regime in January 1966 to that of Yakubu Gowon from July 1966 to July 1975 and that of Obasanjo which carried out the local government reform in 1976 stripped the traditional rulers of any constitutional role in governance.
“Unfortunately, before the exclusion of the Institution from governance, particularly at the grassroots, insecurity was not a problem for the country as well as well as religious and communal clashes being experienced in different parts of the country now.
“No community or nation can thrive successfully without due consideration of its historical evolution, which was not considered by any of the provisions of the 1999 Constitution. Even the ceremonial function given the Institution by the 1979 Constitution with inclusion of chairmen of Council of Traditional Rulers from each of the 19 states then, as members of National Council of States was removed by the 1999 Constitution.
“Traditional institution aside from being the only platform of societal administration before the advent of colonialism was also the veritable platform heavily relied upon by the colonialists during the era of colonialism which made the Institution to be factored into the form of governance bequeathed to us in 1960 at independence.”
To them, their status in governance at the grassroots can be re-instated as it was before, during and a few years after the colonial era through constitutional provisions to that effect as specified in their proposed Local Council of Traditional Rulers. There, they will, amongst others, collaborate with local government authorities on security matters, monitor the implementation of local government development programmes and capital projects, etc.
Senate president’s assurances
The President of the Senate Lawan, in his remarks, assured the traditional rulers of cooperation by the National Assembly in acceding to their demands.
He said, “If given the required constitutional role, the traditional institution will no doubt add value to governance in the country in the areas of security and communal conflicts among others.
“In fact, if there is a need for the Institution to be factored into the nation’s security architecture, it should be done for the security and safety of Nigerians across the length and breadth of the country.”
In his remarks, the chairman of the Ad-hoc Committee on Constitution Review in the Senate, Ovie Omo-Agege, urged the traditional rulers to lobby both the federal and state lawmakers for easy adoption of their requests, “since all political office holders, elected or appointed, are subjects of traditional rulers.”
“The strongest weapon in bringing about amendments to a constitution is lobbying, which as royal fathers, can be easily done by you since all political office holders (both elective and appointive) in both the executive and legislative arms of the government are your subjects. We shall, as assured by the President of the Senate, look into the demands and facilitate their approvals,” he said.
LG autonomy
Another burning issue expected to be addressed by the review exercise is possible autonomy for local government councils as being demanded for by workers at that level, but kicked against by most of the governors.
The agitation and other ones as declared by a prominent member of the committee in the Senate who doubles as Senate Leader, Yahaya Abdullahi (APC, Kebbi North) after their meeting on Thursday last week would be decided by the aggregate of views on them by the members of the committee, approval in both the Senate and the House of Representatives and, of course, two-third of such approvals from the 36 Houses of Assembly.
“A lot of requests have been forwarded to the Constitution review committees at both Chambers and sub-committees have been set up for categorisation of the requests ahead of the public hearings that will soon be organised for the various groups to speak to their demands.
“After that, the Committee will move to the zonal level for similar public hearings before submitting reports to the Senate for a general debate and possible approval in July and thereafter forward same to the 36 Houses of Assembly for concurrence on amendments made by at least 24 of them which is the required 2/3,” he said.
In a chat with this reporter in Abuja Thursday, a practising lawyer, Barrister Gaius Osabomwen, said the exercise as earlier described by the spokesperson of the Northern Elders’ Forum, Mr. Hakeem Baba Ahmed, “is periodic ritual that will not end up with any major amendment of the Constitution.
“Since the 5th National Assembly between 2003 and 2007, when the exercise started at both chambers till the last one done in the 8th Assembly, no concrete amendments have been made to the Constitution. Nigeria despite the so-called Constitution amendments by the different sessions of the National Assembly over the years, still largely remains a unitary state in practice and federation on paper.
“If seriousness is to be attached to the on-going exercise, the report of the 2014 National Confab should be taken into consideration, since solutions to most of the problems bedeviling the country now are contained there,” he said.
Going by the assurances given by the Committee chairman and other prominent members to most of the groups seeking one amendment or the other, will the exercise by the 9th National Assembly bring about substantial amendments to some provisions of the 1999 Constitution or will it remain at the aesthetic level like the previous ones?
