- Written by EDITOR
CONTINUED FROM YESTERDAY
CONSTITUTIONS made within the military apparatus were equally considered unsatisfactory. The demand for new constitutional arrangement thus continues. The National Political Reform Conference set up in 2005 by General Olusegun Obasanjo produced a draft that was unpopular.
In 2012, the Justice S.M.A Belgore-led Presidential Committee on Review of Outstanding Issues from Recent Constitutional Conferences prepared a detailed report that is yet to be implemented. It is, therefore, anticipated that the proposed National Conference will constitute a viable landmark in the constitutional landscape of Nigeria.
2.11 State of the Nation: Since the military exited from power, there have been persistent calls for the reform of the political system in such a manner to command the respect of Nigerians and be seen to be fair, just and equitable.
With appropriate structures, leadership and other national problems — inter-elite rivalries, reciprocal suspicion, hostility of position and status conflicts among Nigerian elite, mutually reinforcing cleavages — could be reasonably managed through the democratic process.
In this regard, Nigeria needs a system of shared power, bearing in mind that political institutions make it difficult for reckless and lawless political adventures to thrive.
The choice before the country is either to stick with our present political arrangement, which favour over centralisation of governance and resources or to recognise our irrepressible pluralism and the necessity for voluntary integration. Coercive integration — or integration by force or by intimidation — has failed all over the world, including Africa.
2.12 The persistent call for “true federalism” is nothing but a call for decentralisation and devolution of power. It is expected that decentralisation would redeem the country from its constant perennial fluctuation between social crises and chronic political instability and threats of disintegration.
No amount of government-sponsored propaganda and jingles can really make up for a defective political structure or for institutional and leadership failures.
2.13 Federalism, in essence is simply “a contractual non-centralisation” involving structural dispersion of power among many centres the legitimate authority of which is constitutionally guaranteed.
Hence, entrenched diffusion of power or division of power among levels of government remains the principle characteristics and argument for federal democracy. It becomes therefore clear that when one speaks of federalism, one means coordinate supremacy of the levels of government with regards to their respective functions.
Certainly in this context, the “golden rule” of federalism, as stipulated by scholars and political analysts, has been constantly ignored or breached in Nigeria over the years. Nigeria has also ignored the important aspect of the equilibrium between the centre and the regions in classical federalism.
2.14 Recognising this reality, the Belgore Report recommended:
a. Reduction of Power at the Centre and devolution of same to the federating units.
b. Allow the centre to retain necessary powers to enable it exercise its sovereignty.
c. Enable the centre to act for the federating units in the area of common and mutually beneficial interest and service.
2.15 In fact, before and after independence, a long before the Belgore Report, other spirited efforts by previous regimes, military or civilian, have tried to address this critical national issue. The first military coup in January 1966 addressed the restructuring process by stating, in Decree 24 below:
“Subject to the provisions of this Decree, Nigeria shall on 2nd May 1966 (in this Decree referred to as the appointed day) cease to be a federation and shall accordingly as from that day be a Republic, by the name of Republic of Nigeria, consisting of the territory which immediately before that day was comprised in the Federation.”
2.16 The Decree sought to unify the federal civil service, and re-organise the regions into groups of provinces. And in addition to other grievances following, the January 15 coup made the counter-coup inevitable. And in his maiden address to the nation, General Gowon recognised the enormity of the tragedy that had befallen Nigeria as a result of the two coups within six months.
He said: “Suffice it to say that, putting all considerations to test — political, economic, as well as social — the base of unity is not there or is badly rocked, not only once but several times. I therefore feel that we should review the issue of our National standing and see if we can help stop the country from drifting away into utter destruction.”
2.17 Consequently, among the first acts of General Gowon in office was the pardon and release of Chief Obafemi Awolowo from prison on August 2nd 1967.
And another significant effort he made to arrest the deteriorating political conditions in the country was the appointment of the Ad Hoc constitutional conference in Lagos on September 12, 1966.
In a rather spirited speech to the delegates of the conference, Gowon said that only two things should be ruled out: complete break-up, and a unitary form of government.
“I therefore put before you the following forms of government for consideration.
a. Federal system with a strong Central Government;
b. Federal system with a weak Central Government;
c. Confederation; or
d. An entirely new arrangement which will be peculiar to Nigeria and which has not yet found its way into any political dictionary.”
2.18 However, General Gowon’s regime was overthrown by General Murtala Muhammed in July 29, 1975, in the country’s 3rd successful military coup and the first bloodless coup in Nigeria’s history.
General Muhammed’s regime began an active role towards returning power to civilians and on October 18, 1975, he set up the Constitution Drafting Committee. In his address, General Muhammed informed them that the Supreme Military Council was “committed to a federal system of government, and a free democratic and lawful system of government which guarantees ‘fundamental human rights’ and urged them to work for the creation of viable political institutions which will ensure maximum participation and consensus and orderly succession to political power.”
Considering our recent political experience, any constitution devised should seek to:
a. Eliminate cut-throat political competition based on a system or rules of winner-takes-all. As a corollary, it should discourage electoral malpractices.
b. It should also discourage institutionalised opposition to the government in power and instead, develop consensus politics and government based on community of all interests rather than interests of a section of the country.
c. … As a matter of principle, decentralise power wherever possible as a means of diffusing tensions…”
2.19 In fact, from the formation of political parties, NCNC (1948) NPC (1951) AG (1951) to Enahoro’s Self Government Motion in 1953, the national attention and political controversies have trailed the debate on an appropriate political structure for Nigeria.
2.20 Today, resolving Nigeria’s national dilemma over structure and Constitution has become urgent and must be our priority.
Chapter 3
Methodology
3.0 The Committee adopted strategies for the execution of its assignment. Key to those strategies was establishing strategic engagements with the print and electronic media throughout the exercise. This we found to be necessary because the wide consultations, which members were expected to conduct, required massive mobilisation of citizens through the print, electronic, and social media.
The methodology adopted by the Committee proceeded in five Phases as follows:
Phase 1: Preliminary Work such as drawing a Work Plan, an Itinerary and other administrative tools (already reported in Sections 1.8 and 1.9 above);
Phase 2: Interactive Sessions with members of the general public and Courtesy Calls on State Governors, Traditional Rulers, and the leadership of the National Assembly;
Phase 3: Review of memoranda;
Phase 4: One-Day Brainstorming Retreat; and
Phase 5: Writing, Production and Submission of Report.
3.1 Phase 2 – Interactive Sessions: In order to respond adequately to the terms of reference of the Committee as well as comply with the Presidential directives to consult widely before proposing an appropriate framework for the National Dialogue/Conference, the Committee resolved to hold Interactive Sessions with the general public in two (2) Centres in each Geo-political Zone. The Interactive Sessions took place on the following dates at the Centres identified:
1. Friday 18th October Akure
2. Monday 21st OctoberJos
3. Wednesday 23rd OctoberMinna
4. Friday 25th October Calabar
5. Monday 28th OctoberBenin
6. Tuesday 29th OctoberEnugu
7. Wednesday 30th OctoberUmuahia
8. Friday 1st NovemberLagos
9. Monday 4th NovemberSokoto
10. Tuesday 5th NovemberMaiduguri
11. Saturday 9th NovemberBauchi
12. Monday 11th November Kaduna
13. Wednesday 13th FCT Abuja
3.2 Attendance and Presentations at the interactive sessions: The Committee took presentations from groups, organisations, Governments and individual citizens in each of the 13 Centres. The turn-out was impressive in all the venues.
The Interactive Sessions nationwide were attended by a total of 6,650 Nigerians. The Committee received a total number of 607 memoranda from all the 13 Interactive Sessions, while a total number of 421 people made presentations before the Committee on behalf of groups, organisations, Governments or themselves.
Additionally, the Committee received a total of 57 memoranda electronically and other 47 directly through the Secretariat. Thus, the grand total of all the memoranda received was 710. These are listed in Appendix 4 to this Report, while the respective memoranda are attached to this Report as Appendices 5-13.
3.3 Consultations Through Courtesy Calls: Another strategy of ensuring wide consultations adopted by the Committee was courtesy calls on State Chief Executives and the Traditional Rulers of the towns where we held the Interactive Sessions. The Committee, through this strategy, consulted 10 Governors, 1 Deputy Governor, 1 Secretary to the State Government and 12 Traditional Rulers as follows:
1. Akure: Ondo State Governor and Deji of Akure;
2. Jos: Plateau State Governor and Gbong Gwom Jos;
3. Minna: Niger State Governor and Emir of Minna;
4. Calabar: Cross River State Deputy Governor, Obong of Calabar and The Ndidem of Quas Nation;
5. Benin: Edo State Governor and Oba of Benin;
6. Enugu: Enugu State SSG (who represented the Governor) and Igwe Nnaji of Nike;
7. Umuahia: Abia State Governor;
8. Lagos: Lagos State Governor and Oba of Lagos;
9. Sokoto: Sokoto State Governor and the Sultan of Sokoto;
10. Maiduguri: Borno State Governor and Shehu of Borno;
11. Bauchi: Bauchi State Governor and the Galadima, who stood in for the Emir of Bauchi;
12. Kaduna: Kaduna State Governor and Emir of Zazzau.
3.4 Visit to the Senate: The Committee also paid courtesy calls on the leadership of the Senate and the House of Representatives. His Excellency, Senator Ike Ekweremadu, the Deputy Senate President, received the Committee on behalf of the Senate President.
In his remarks, the Deputy Senate President said that in anticipation of the possibility of making a new Constitution, the Senate Committee on Constitutional Amendment that he chairs, has proposed an amendment of Section 9 of the Constitution so that it will allow for the making of a new Constitution, and that the Senate Committee is waiting for its House of Representatives counterpart for harmonisation of this proposal.
He then pledged the support of the Senate of the Federal Republic of Nigeria in this very important national project.
3.5 Visit to the House of Representative: At the House of Representatives, the Committee was received by Honourable Emeka Ihedioha, the Deputy Speaker. In his remarks, the Deputy Speaker said that the House welcomed the President’s initiative in setting up this Committee to advise on the modalities for convening a National Conference.
He said while the House supported the initiative, members of the Lower Chamber would wait for the appropriate time to make their inputs into the process. He wished the Committee well.
3.6 Phase 4 — One-Day Brainstorming Retreat: The Committee held a One-Day Brainstorming Retreat at the International Conference Centre, Abuja on Wednesday, 20th November 2013. Some renowned experts and seasoned leaders were invited to interact with members of the Committee through presentation, discussion and appraisal of papers on seminal topics and issues.
The Retreat assisted in clarifying and throwing more light, from informed perspectives, on some conceptual and controversial issues that were raised by members of the general public in the course of our engagements with them through the media, the Interactive Sessions and the memoranda that they submitted to the Committee.
3.7 The Retreat was attended by some elder statesmen such as Chief Olu Falae and Malam Tanko Yakasai. Experts in different disciplines such as Professor Onigu Otite, Professor Adele Jinadu, Professor Auwalu Yadudu, Chief Godwin Kanu Agabi (SAN), Professor Jibrin Ibrahim, Dr. Yahya Abdullahi, Professor Ebere Onwudiwe attended and presented and/or discussed some papers.
Civil society activists such as Mrs. Ayo Obe and Oilsa Agbakoba (SAN), as well as critical newspaper columnists: Ishaq Modibbo Kawu and Dr. Hakeem Baba Ahmed also participated actively in the Retreat.
3.8 The Retreat on issues such as the ‘national question’, ‘ethnic nationalities’, ‘plebiscite/referendum’, ‘sovereignty’, ‘review of National Conferences’ held in other countries, etc.
The presentations and the discussions held for the whole day were thorough and knowledge-driven.
3.9 Phase 3 – Review of Memoranda:
The Committee Members adjourned for three days to actively review individually, the memoranda that the Committee received through the Interactive Sessions, on-line and directly. This exercise allowed members to peruse and digest the 644 memoranda that Nigerians from all walks of life and across all divides forwarded to the Committee.
The review exercise assisted tremendously in preparing appropriate responses to the Committee’s terms of reference.
3.10 Phase 5 – Working on the Report: Having exhaustively conducted all the activities it lined up for execution of the assignment, the Committee held an in-house brainstorming session in which, members reviewed the entire exercise, in order to arrive at appropriate responses to the terms of reference.
The Committee then split into three (3) Sub-Committees on issues, which, from the debates held and the assessment of the Interactive Sessions and the discussions at the Retreat, were areas that required greater attention. The Sub-Committees were as follows:
a. Sub-Committee on Agenda and Time-Frame, made up of Professor George A. Obiozor as Chairman, and Alhaji Dauda Birmah, OFR, and Dr. Mrs. Mairo Ahmed Amshi, FRM2, OFR as members;
b. Sub-Committee on Structure and Modalities, comprising Senator Khairat Abdulrazaq-Gwadabe as Chairman and Professor Olufunke Adeboye, Professor Anya O. Anya, FAS, OFR, NNOM, Dr. Abubakar Siddique Muhammad and Mr. Tony Uranta as members;
c. Sub-Committee on Legal Matters headed by Chief Solomon Asemota (SAN) with Malam Bukhari Bello and Senator Timothy Adudu as members.
3.11 The Sub-Committees reported to the Main Committee in a Plenary. Their reports were subjected to debates and decisions were arrived at by consensus except for issues bordering on Mode of Representation, over which the Committee had recourse to voting.
The Committee’s decisions in response to the seven (7) terms of reference are reported in the chapters and sections that now follow.
Chapter Four
Term of Reference
“To consult with all relevant stakeholders with a view to drawing up a feasible agenda for the proposed Dialogue/Conference.”
.4.0 The Committee affirms the commitment Nigerians expressed and exhibited throughout the exercise, to Nigerian unity and continued existence of the country as a sovereign united entity. Nigerians, overwhelmingly across the country, are of the view that the National Conference should be another opportunity to fashion a more just, peaceful and equitable society through a stable democracy.
Nigerians have indicated that the Conference shall provide a platform to discuss all issues that will lead to the realisation of their dream for a better, united country where justice, equity, peace, progress and development are achieved.
4.1 Observation: The Committee observes that, Nigerians throughout the country are committed to having a National Conference where issues militating against their collective development will be adequately discussed and strategies mapped out for addressing them through constitutional, legal, policy and other strategies. The Committee observed that except for the determination to maintain the corporate existence of Nigeria as a united country, Nigerians believe that there should be no, no-go areas at the proposed Conference. They however, seem to place a lot of emphasis on some major issues bordering on their immediate concerns for national development, justice, peace and progress.
4.1 Recommendations:
In the light of the above, the Committee recommends the following specific items for inclusion on the Agenda of the National Conference:
1. Political Restructuring of the Country:
a. Political Federalism.
b. Fiscal Federalism,
c. Definition of Federating Units: States or Geo-Political Zones.
2. Forms of Democratic Governance:
a. Presidential System;
b. Parliamentary System;
c. Choice between Uni-Cameral or Bi-Cameral Legislature;
d. Choice between full-time or part-time Legislature.
3. Good Governance:
a. Cost of governance;
b. Corruption and National Development;
c. Fighting Corruption and Anti-Corruption Agencies — ICPC, EFCC;
d. Immunity of Political Office Holders;
e. Citizenship/Indigenes-Settlers Dichotomy;
f. Justiciability of the Fundamental Objectives and Directive Principles of State Policy;
4. Judicature:
a. Fundamental Human Rights;
b. Impunity of Judicial Officers;
c. Review of Judicial Institutions;
d. Sharia and Customary Legal Systems;
e. Delays in the Administration of Justice.
5. Democratization:
a. Deepening democracy;
b. De-militarisation of National Psyche;
c. Democratic culture and orientation;
d. Mechanisms for a more Inclusive; Participatory Democracy.
6. Political Parties, Godfatherism and the Challenges of Internal Democracy;
7. National Security and Security Challenges;
a. Security Agencies: Review and re-design of National Security Apparatus;
b. Local Policing;
c. Other security agencies.
8. State Creation and Merger of States
9. Education;
a. Investment in education;
b. Decentralisation and National Education policy;
c. Return of Missionary and Private Schools to original owners;
d. Institutionalising Tsangaya/Almajiri Education System
e. Nomadic Education.
10. Health:
a. Health Policy
b. Investment in Health
c. Healthcare Delivery.
11. Science, Technology and Development:
a. Science and Technology Education;
b. Technological Adaptations and the National Economy;
c. Research and Development;
d. Promotion and Improvement of Indigenous Technological Innovations.
12. Restoring the National Ethics, Morals and Core Values;
13. Religion, Secularism and the Secularity of the Nigerian State;
14. Agriculture, Food Security and Rural Development;
a. Decentralisation of National Agricultural Policy;
b. Grazing Reserves and Cattle Routes Demarcation.
15. The Environment:
a. Environmental Degradation — flooding, soil erosion, oil spillage and desertification;
b. Climate Change.
16. Defence:
a. Nigeria’s Defence Policy and posture at home and abroad;
b. The Nigerian Armed Forces and multi-lingual challenges;
C. Nigeria and International Peace-keeping Operations.
17. Tenure of Public Officials: President, Governors, etc.
18. The Independent National Electoral Commission (INEC) and the Challenges of Conducting Free and Fair Elections;
19. Population and Credible National Census;
20. Land Use Act;
21. Role of Traditional Rulers and Institutions in governance at national and local levels;
22. The Economy:
a. Poverty and wealth creation;
b. Productivity;
c. Diversification of the economy
d. Industries and industrialisation.
23. Oil and other Mineral Resources Management, Exploration and Sharing mechanism;
24. Revenue Generation and Mobilisation;
25. National Youth Service Corps (NYSC);
26. Gender issues;
27. Youth Unemployment and Development Issues;
28. Physically Challenged Persons and National Development;
29. Investment in Sports;
30. Boundary adjustment;
31. National Inland Waterways issues;
32. Elective Mayoralty, Administrative/Legislative Structures for FCT, Abuja;
33. Special Status for Lagos;
34. Unsettled Issues of the Nigerian Civil War (1967-1970);
35. Revisiting Bakassi;
36. Languages and Language Policy;
37. Pension Matters and Rights of Senior Citizens;
38. Federal Character.
TO BE CONTINUED
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