Report of Presidential Advisory Committee on National Dialogue - Volume 1

Written by Super Administrator

EXECUTIVE SUMMARY

The President of the Federal Republic of Nigeria Dr, Goodluck Ebele Jonathan, GCFR, during his Independence Day broadcast on October 1,2013 informed Nigerians that he had set up a 13-Member Presidential Advisory Committee on National Dialogue under Senator Dr. Femi Okurounmu. The Committee which was inaugurated on 7th October 2013 was mandated to advise Government on the framework of a national dialogue by consulting widely with Nigerians. It was asked to come up with an appropriate name/nomenclature for the proposed national dialogue. The Committee was given seven (7) terms of reference and was asked to submit its report in six (6) weeks.

In compliance with the Presidential directive for members of the Committee to consult widely, the Committee held interactive sessions with Nigerians in 13 major cities across the country-two in each Geo-Political Zone and the Federal Capital, Abuja. It also interacted with the Governors and traditional rulers of the 12 states visited as well as with the Honourable Minister of FCT. A total of 6,650 Nigerians participated in the interactive sessions, 421 presentations were made and 607 memoranda received at the interactive sessions, while 57 memoranda / were received online and 47 by direct submission to the Secretariat.

The Committee recommends that the proposed national dialogue should be called ‘The National Conference’. In response to the terms of” reference number one (ToR1), The Committee recommends with regards to the agenda that the National Conference shall have no, no-go-area but specifically recommended a 38-item agenda, which is by no means exhaustive.

With regards to ToR2, the Committee recommends the setting up of a 13-member Conference Management Secretariat under an Executive Secretary with 2 members from each Geo-Political Zone. The Secretariat shall run the affairs of the National Conference and supervise the elections to the Conference using the INEC Register. It shall also manage all activities and processes of the Conference at all levels, The Committee also recommends that majority of the Delegates to the Conference shall be elected directly on the principles of universal adult suffrage. The size and structure of the National Conference should be in accordance with the 360 constituencies of the House of Representatives although Government may consider the option of using the constituencies of the Senate but each Senatorial District shall send 4 elected Delegates to the Conference. In addition, every State Government shall nominate one (1) Delegate and the President through the Minister of the Federal Capital Territory shall nominate one (1) Delegate for the Federal Capital Territory Abuja. In the event that any State fails to nominate a Delegate, the President shall nominate a Delegate for the said State. The National Conference shall also have a Chairperson and a Deputy Chairperson who should be persons of high unimpeachable integrity. ..

In response to ToR3, the Committee recommends that the President should nominate representatives from among the key interest groups in active consultation with them. In this context the interest groups themselves should nominate to the President their representatives to the National Conference. The Committee however, recommends that the total number of nominated Delegates should not exceed one-third of the total number of Delegates.

As for ToR4, the Committee recommends that, the National Conference should hold for a period of not less than three (3) months and not more than six (6) months. Government may consider convening the National / Conference in the year 2014 possibly between the months of February/ and July, thus concluding the exercise before the onset of the 2013 electioneering campaigns. ‘

With regards to ToR5, the Executive and the National Assembly should cooperate as partners to put in place an enabling law that should lead to a successful and hitch-free National Dialogue. In that context the Committee recommends that the President should send an Executive Bill for the purpose of the National Conference to the National Assembly, which shall enact it into the enabling law. The Committee is convinced that, on balance of probability, it is safer to have such an enabling law, than to assume it is not needed. In the alternative to the above, the President may exercise his inherent powers under Section 5 of the Constitution of the Federal Republic of Nigeria (1999 as Amended), to convene the Conference.

With regards to ToR6, the Committee recommends that the National Conference itself should be saddled with the responsibility of setting out the said legal procedures and options for integrating the decisions and outcomes of the National Conference into the Constitution and Laws of the nation.

In response to ToR7, the Committee made some recommendations contained in Chapter Ten of this Report.

CHAPTER ONE – INTRODUCTION

1.1 The President of the Federal Republic of Nigeria, Dr Goodluck Ebele Jonathan, GCFR, during his Independence Day broadcast on October 1, 2013 informed Nigerians that he had set up a Presidential Advisory Committee on National Dialogue with the following composition: ;

1 .Senator Dr. Femi Okurounmu – Chairman

2.Dr. Akilu Sani Indabawa – Member/Secretary

3. Senator Khairat Abdulrazaq-Gwadabe – Member

4. Senator Timothy Adudu – Member

5. Professor Olufunke Adeboye – Member

6. Professor George A. Obiozor – Member

7. Professor Ben Nwabueze, SAN, NNOM – Member

8. Dr. Abubakar Siddique Mohammed – Member

9. Malam Bukhari Bello, MFR, mni – Member

10.Mr. Tony I. Uranta – Member

I I. Col. Tony Nyiam (Rtd) – Member

12. Alhaji Dauda Birmah, OFR – Member

13. Dr. Mrs. Mairo Ahmed Amshi, FRM2, MFR - Member

1.2 Inauguration of the Committee: The Committee, which President Goodluck Jonathan said comprised “Nigerians with wide experience from various disciplines”, was officially inaugurated in the Council Chamber, State House, Presidential Villa, Abuja, on Monday, 7lh October, 2013. The Committee was given six (6) weeks to complete its assignment.

1.3 Foundational Principles: In his inaugural address to the Committee (Appendix I), President Goodluck Jonathan described the formation of this Committee as “a child of necessity”. He stated the “foundational principles that drive the action” of constituting the Committee to work towards convening a national conversation. He emphasized that, “this is a National Project, a sincere and fundamental undertaking, aimed at realistically examining and genuinely resolving, long-standing impediments to our cohesion and harmonious development as a truly United Nation”. The President further stressed that, “sitting down to talk is one right step in calming down tensions and channeling our grievances, misgivings and suggestions into more positive use for the good of our country”.

1.4 The President further stated that Nigerians are already talking about their national problems through the print and electronic media. He suggested that, “the only thing is that while these talks are sometimes weighty, they often lack direction. This Committee is to lend weight and direction to this national conversation”. He also allayed “the fears of those who think the Conference will call the integrity of Nigeria into question”, and added that, “this National Discourse will strengthen our union and address issues that are often on the front burner, and are too frequently ignored”.

1.5 Mr. President charged the Committee members “to consult widely before sitting down to develop the framework that will guide and guard the proceedings of the discussions”. He reminded members of the Committee that, “no voice is too small and no option is irrelevant”, urging the Committee to carry along the views of both enthusiasts and skeptics alike. He urged them to bear in mind, “that what we desire is what can work for the good of our people and country” and concluded that, “the goal is to bequeath a better and a greater Nigeria to the present and the generations to come”.

1.6 Terms of Reference: The Committee was given the following terms of reference:

1. To consult with all relevant stakeholders with a view to drawing up a feasible agenda for the proposed national dialogue/conference;

2 To make recommendations to Government on structure and modalities for the proposed national dialogue/conference;

3. To make recommendations to Government on how representation of various interest groups at .the national dialogue/conference will be determined;

A. To advise Government on a time-frame for the national dialogue/conference;

5. To advise Government on a Legal framework for the national dialogue/conference;

6. To advise on legal procedures and options for integrating decisions and outcomes of the national dialogue/conference – into the Constitution and Laws of the nation; and

7. To advise Government on any other matter that may be related or incidental to the proposed national dialogue.

1.8 Inaugural Meeting and. Take-off of the Committee: The Committee started its assignment a few hours after its inauguration on Monday, 7′” October, 2013 at the Transcorp Hilton, Abuja. Its inaugural meeting, was held and several other meetings followed thereafter, throughout the first week of the Committee’s assignment. In that first week, the Committee deliberated on the methodology it would employ in carrying out its assignment and drew up a Work Plan for the accomplishment of its mandate.

1.9 The Secretariat of the Committee used the first week to put in place the administrative machinery required for the discharge of the Committee’s mandate.

1.10 Work Plan and Strategy: The Committee deliberated extensively on the strategies to guide its work, on the basis of which, it designed a Work Plan (Appendix 2). Based on the Work Plan, the Committee then worked out an Itinerary (Appendix 3) for holding of Interactive Sessions at thirteen (13) Centres across the country – two in each Geo-Political! Zone and the Federal Capital, Abuja, as well as other strategies for carrying out the assignment.

1-11 Slight Change in the Committee’s Composition: The composition of the Committee was slightly changed. Professor Ben Nwabueze (SAN, NNOM) whose name was on the original list of members up to the time the Committee was inaugurated, was not available to serve because of health challenges. He was subsequently replaced by Professor Anya O. Anya (FAS, OFR, NNOM), Another change was in respect of Col. Tony Nyiam (Rtd) who was replaced by Solomon Asemota Esq. (SAN) following an incident which took place during the Committee’s Interactive Session in Benin City. A section of the participants at that Interactive Session took exception to a comment by Governor Adams Oshiomhole that the proposed Conference would not be different from previous ones the resolutions of which were not implemented. They started booing him and made it impossible for him to continue with his speech, Col. Nyiam then interrupted the Governor. This led to some commotion and eventually the Committee was advised to call off the meeting. A meeting of the Committee was held to address this incident. Members expressed their displeasure at Col Nyiam’s behavior. He resigned and was replaced by Solomon Asemota Esq. (SAN).

CHAPTER Two – HISTORICAL BACKGROUND

2.1 This survey covers the colonial and post-colonial periods during which several constitutional arrangements were made in the country. Colonial constitutions included the Clifford Constitution (1922), Richards Constitution (1946), Macpherson Constitution (1951), Lyttleton Constitution (1954), and the Independence Constitution (1960). Post-colonial attempts included the 1963 Republican Constitution, the 1979 Constitution, the 1999 Constitution, and a few other drafts that were not given official ratification.

2.2 The integrity and acceptance of any Constitution depend on two elements, namely, process and content. Process has to do with issues of consultation and popular participation in the course of setting up the-constitutional arrangements. Debates, negotiations and compromise are all considered healthy for the process. Content deals with the body of articles and key provisions in the constitution. If either of these elements is perceived as being unrepresentative of people’s wishes, the constitution is considered unsatisfactory and defective. The context in which a constitution is made is also important in determining whether due consultations would be made or whether its key provisions would promote the interest of the people.

2.3 Not all colonial constitutions passed this test. Again, it is doubtful” if this could have been otherwise given the unequal power relations between colonial authorities and their subjects, The Clifford Constitution of 1922 and Richards Constitution of 1946 were both regarded as colonial impositions. Richards Constitution was particularly criticised because there was already a pool of articulate elite in the country who felt excluded from the process. Colonial authorities tried to redress this by convening constitutional conferences before subsequent constitutions were introduced.

Perhaps, the best illustration of this is the Macpherson Constitution that was preceded by extensive consultations. There were village-level meetings, district meetings, provincial meetings and regional conferences. The last stage was the National Conference held in Ibadan in 1950. The result of this was the Macpherson Constitution, which became operative in 1951. However, by 1953 -just two years later – there were already calls for revisions in the 1951 arrangement. The reason tor this could be found in the intersection between constitutional content and prevailing political/ideological climate. As the political environment was rapidly changing with accelerated impetus for increasing regional autonomy and self-rule, the two-year old constitutional arrangement suddenly became outdated.

2.4 Again, in terms of content, the piecemeal or incremental approach that characterized the provisions of previous colonial constitutions was no longer acceptable in the 1950s. For instance, even though amalgamation of the Northern and Southern provinces was in 1914, it was the Richards Constitution that provided for a single legislative authority for the entire country in 1946. Prior to this time, the Legislative Council covered only the South while the North was ruled by proclamations issued by the Governor. It thus took 32 years for the North and South to be brought under the same legislative coverage. Another example was incremental participation of Nigerians at both the legislative and executive levels. Clifford’s Constitution in 1922 provided for four elected members – three from

Lagos and one from Calabar in a legislative Council that comprised 19 unofficial and 27 official members. It took 27 years for. elected majorities to emerge in the central legislature and regional Houses of Assembly through the instrumentality of the 1951 constitution.

Similarly, the same constitution provided for 9 officials in the Regional Executive Council and 9 Nigerian Ministers. The Central Executive Council of Ministers had 7 officials, including the Governor as President and 12 Nigerian Ministers (four from each Region). Meanwhile, the first Nigerian member of the Executive Council was appointed in 1943.

2.5 By the 1950s, nationalists were impatient to take over power. This decade, compared with previous decades afforded them significant legislative experience before independence in 1960. They also got several opportunities to participate, within a framework set up by colonial authorities, in constitutional arrangements through ‘the various constitutional conferences and talks that took place within the decade (1954,1957/58, in London). The eventual outcome of all these was the Independence Constitution of 1960.

2.6 Post-colonial constitutions had a different orientation in terms of process and content. Apart from the 1963 Republican Constitution, others such as the 1979 and 1999 Constitutions were made within the context of military administrations. Even then, the military still made some attempts to give some semblance of consultation to their constitution-making processes. Here, the case of the 1979 Constitution is particularly apposite. The process commenced in 1975 when the Murtala Mohammed regime appointed a 49-member Constitution Drafting Committee (CDC), headed by Chief Rotimi Williams to produce a draft constitution, which was to serve as the main working document for the Constituent Assembly (CA)’that later emerged in 1977. The CA comprised 232 members elected indirectly by an electoral college constituted at the local councils. The CA examined and debated the draft constitution extensively. After final ratification by the Supreme Military Council (SMC), the constitution was promulgated in 1979. As far as the military regime was concerned, the inclusion of the CA within the exercise had legitimized the process.

2.7 Similarly, General Sani Abacha, through Decree No.1 of 1994 established a Constitutional Conference. Of the 369 members, 273 were elected by the populace in a non-partisan election, while 96 were nominated by government. Headed by Justice A.G, Karibi-Whyte, the Conference produced a draft constitution, which was submitted in 1995. After the death of General Abacha in 1998, his successor, General Abdusalami Abubakar set up a 25-member Constitution Debate Coordination Committee to amend the 1995 draft. The 1999 constitution eventually grew out of this exercise and was ratified by the Provisional Ruling Council (PRC) of the military regime, Despite the attempts made by the military authorities to involve some sections of the populace in constitution-making, these two constitutions (1979 and 1999) are still regarded by the Nigerian elite as impositions by military regimes. In between these two exercises were other attempts made during the administration of General Ibrahim Badamasi Babangida. There was a Political Bureau set up under the leadership of S. J. Cookey to conduct a national debate on the political future of the country and propose a “viable and enduring people-oriented political system devoid of perennial disruptions”. The Bureau submitted its recommendations in March 1987. The second was a Constitutional Review Committee sot up to review the 1979 Constitution. The result of this review was the 1989 Constitution. It was not ratified but portions of it were promulgated as Decrees.

2.8 Next is the issue of the content of post-colonial constitutions. The general trend in these constitutions is that they tend to build on, and strengthen existing principles in previous constitutions or where there are contentious issues, try to resolve them. In other words, a new constitution is designed to improve on some areas or attend to matters arising from a previous constitution which serves as its point of reference. Technically, therefore, the idea of a ‘brand new’ constitution that owes nothing to its predecessor is difficult to envisage (except, perhaps, in a new state where no such ‘predecessor’ existed). The 1963 Republican Constitution, for instance, like the 1960 Constitution was based on the Westminster system of government. The key differences were in the provisions for a ceremonial President in place of the Queen of England, and that the judicial appeal system should terminate with the Supreme Court and not the Judicial Committee of the British Privy Council.

2.9 In cases where previous constitutional arrangements were regarded as the cause of socio-political instability and crises, the new constitutions tended to focus on resolving these issues through a revised arrangement, but with the old constitution as reference point. For example, the breakdown of the First Republic was attributed to conflict mining from regional politics, ethnic domination, minority oppression, etc. To resolve this, the 1979 Constitution abandoned the Westminster system in favour of the Presidential system with a directly elected executive. To further avoid the pitfalls of the First Republic, political parties and cabinet positions were to reflect a new “Federal Character” principle. Political parties were to be broad-based and not regional. Again, while the First Republic Senate was a ceremonial body, the I979 Constitution gave the Senate and House of Representatives coequal powers. The 1999 Constitution, in most respects, still bears a strong resemblance to the 1979 Constitution in terms of its key structures.

2.10 This brief survey has underscored the significance of process** and content in constitution making in Nigeria. This observation is equally applicable elsewhere. Consultative and participatory processes arc seen to be ideal because these allow for negotiations and compromise and help foster a sense of ownership. Unfortunately, in Nigeria, this has not always been enjoyed. Colonial constitutions can hardly be described as growing out of “free debate” with no “no-go” areas. Even the wide consultations that preceded the Macpherson Constitution and subsequent constitutions took place within a framework prescribed by colonial authorities. All issues were still subject to their approval. Constitutions made within the military apparatus were equally considered unsatisfactory. The demand for a 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 adventurers 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 too 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-centralization” 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 principal 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, and 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 Jan. 1966 addressed the restructuring process by stating, in Decree34 below:

“Subject lo 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 reorganise 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 Awoiowo from prison on August 2″” 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 breakup; 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 Mohammed in July 29,1975, in the country’s 3rd successful military coup and the first bloodless coup in Nigeria’s history. General Mohammed’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 Genera! Mohammed 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 institutionalized opposition to government in power and instead, develop consensus politics and government based on community of all interest rather than interests of a section of the country.

c. As a matter of principle, decentralize power wherever possible as a means of diffusing tension…”

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 THREE – 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 mobilization 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

Phase5. 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 18″‘ October Akure

2. Monday 21st October Jos

3. Wednesday 23rd October Minna

4. Friday 25th’ October Calabar

5. Monday 28th October Benin

6. Tuesday 29lh October Enugu

7. Wednesday 30lh October Umuahia

8. Friday 1st November Lagos

9. Monday 4th November Sokoto

10. Tuesday 5th November Maiduguri

11. Saturday 9′” November Bauchi

12. Monday 11th November Kaduna

13. Wednesday 13″‘ November FCT Abuja

3.2 Attendance and Presentations at the Interactive Sessions: The Committee took presentations from groups, organizations, 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, organizations, 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

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 Ihe 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 harmonization 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 Representatives: 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 Yakassai. 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 activist such as Mrs. Ayo Obe and Olisa 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 focused on issues such as ‘the national question’, ‘ethnic nationalities’, ‘plebiscite/referendum’, ‘sovereignty’, ‘review of National Conferences held in other countries, etc. (see Retreat Programme Appendices 14). 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 follow.

CHAPTER FOUR TERMS 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 realization of their dream for a better, united country where justice, equity, peace, progress and development are achieved.

4.1 Observations: 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 system;
   d. Delays in the administration of justice.
5. Democratization:a. Deepening democracy;b. De-militarization of national psyche,
   c. Democratic culture and orientation;
   d. Mechanisms for a more inclusive participatory democracy.
6. Political parties, God-fatherism 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. Institutinalizing Tsangaya/Almajiri education system
   e. Nomadic Education.
10. Health:a. Health Policyb. 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 Developmenta. Decentralisation of National Agricultural Policy;b. Grazing Reserves and Cattle Routes Demarcation
15. The Environmenta. 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 Institution 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 Mobilization
25. National Youth Service Corps (NYSC);
26. Gender issues;
27. Youth Unemployment and Development issue;
28. Physically Challenged Persons and National Development;
29. Investment in Sports
30. Boundary adjustment;
31. National inland waterways issues;
32. Elective Mayorality Administrative/Legislative Structures for FCT, Abuja
33. Special status for Lagos;
34. Unsettled issues of the Nigerian Civil War (1967-1970);
35. Revising Bakassi;
36. Languages and Language Policy;
37. Pension Matters and Rights of Senior Citizens;
38. 38 Federal Character
39.  

CHAPTER FIVE

ToR2: To make recommendations to Government on structure and modalities for the proposed National-Dialogue/Conference.

5.0 The structure of the proposed National Conference and the modalities for putting it into place generated a lot of suggestions from Nigerians at the Interactive Sessions held by the Committee and through the memoranda submitted to it. The structure is taken to mean the composition and size of the Conference while modalities mean the strategies adopted in defining the structure.

5.1 Members considered the proposal to establish an organ that will be mandated with the responsibilities of managing and administering the Conference including preparing grounds for its take-off. The Committee also considered suggestions that the Conference should have a leadership structure to guide its conduct and preside over its affairs.

5.2 Many options regarding the structure of the body of Delegates, i.e. -the Conference itself were also put before the Committee. These included building the Conference structure around equal ethnic representation in such a way that, each ethnic nationality is represented by one (1) Delegate each. Similarly, the six (6) geopolitical Zones, States, Local Governments, and Federal Constituencies were variously suggested as the pool from which to draw the main body of the National Conference. Out of a multitude of such options, the Committee considered and debated four (4) major options formally articulated and put before it.

5.3 Option ‘A’ Representation on the Basis of Equality of Geo-Political Zones: This option proposes that elected Delegates should comprise an equal number of 45 Delegates from each of the six (6) geo-political zones. The 45 Delegates shall emerge through an indirect election process starting from Wards and involving stakeholders. 5 Delegates, including one woman and one youth, will be elected from the Ward to the zonal level from where the 45 Delegates to represent the zone will then be elected. This would give rise to 270 elected Delegates nation-wide.

5.4 ‘Special Interests’: This will comprise 79 Delegates to be nominated by their respective interest groups. This will bring the size of the National Conference to 349. According to this option, the Delegates to represent Special Interests shall be distributed as follows:

i. Traditional Rulers – 6

ii. Physically Challenged – 6

iii. Organized Private Sector – 6

4. Faith-based Organizations – 6 (2 Muslims, 2 Christians, 2 Traditionalists)
5. State Government and FCT – 37

vi. Federal Government – 6 (2 Executive, 2 Legislature, 2 Judiciary)

7. Armed Forces & Police – 4
8. Diaspora Representatives – 4 (United Kingdom, N/America, Asia, Africa)

ix. Professional Bodies – 4 (NLC.TUC.NBA.NMA)

5.5 Option ‘B’ – Representation on the Basis of Equality Senatorial Districts (3 Delegates Per Senatorial District): For this option, the .Conference shall comprise a total of 502 delegates, 364 of them are to be elected through an Electoral College made up of 5 Electors from each Local Government in the Senatorial District that will meet at the Senatorial District level to elect 3 Delegates per Senatorial District making 9 for each State, while the State Government is to nominate 1

Delegate to make the State Delegation 10 per State and 4 from the Federal Capital Territory, Abuja, 138 representatives of ‘Special Interest Groups’.

5.6 138 Additional Delegates: The option further provides for 138 additional Delegates to represent ‘Special Interest Groups’. These will be nominated by the Special Interest Groups as follows:

1 Women:

States 36

FCT 1

Fed. Government 2

Total 36

2Youths (not above 35 years)

States 36

FCT 1

Fed. Government 2

Total 39

3. Traditional Rulers:

States – 36

FCT – 1

Total 37

4. Physically Challenged – 2

5 Professional Bodies (NIC, TUG, NBA) 4

6. Organized Private Sector 1

7.. Faith-based Organizations

(2 SCIA, 2 CAN, 2 Traditionalists) – 6

1, Federal Government – 6 (2 Executive, 2 Legislature, 2 Judiciary)

2. Armed Forces & Police – 2

3. Diaspora Reps (1 male, 1 female) . 2

Sub-Total – 138

5.7 Option ‘C’- Representation on the Basis of Equality of Constituencies of House of Representatives: This option proposes that, the Conference structure should be made up of one (1) Delegate from each Constituency of the Federal House of Representatives. The Delegates are to be elected through an Electoral College, The process will begin at the Ward level where one (1) representative will be elected to go to the Local Government from where five (5) persons will be elected to form the Electoral College of each Federal Constituency. The Electoral College will then elect one (1) Delegate to represent the Federal Constituency at the National Conference, The advantage of electing Delegates on the basis of Federal Constituencies is that it allows for wider participation of the grassroots. The proponents of this option accepted an amendment to alter the mode of election so that, the Delegates from the Federal Constituencies will be elected directly through universal adult suffrage.

5.8 In addition to the elected Delegates, it was further proposed that, other Interest Groups shall also be represented by 185 Delegates to be nominated by the respective interest groups. The distribution of these additional Delegates shall be as follows:

1. Women: States (1 each)—- 36FCT —- 1Fed. Government — 4

41

ii Youths (not above 35 years)

States (1 each) – 36

FCT -2

Fed. Government -4

41

iii Traditional Rulers:

States (1 each) – 36

FCT . – 1

- 37

iv Physically Challenged – 4

v Professional Bodies

(NLC.TUC.NBA) – 4

5. Organized Private Sector – 3
6. Faith-based Organizations

(2 SCIA, 2 CAN, 2 Traditionalists) – 6

vii. State Government and FCT – 37

viii. Federal Government

(2 Executive, 2 Legislature, 2 Judiciary) – 6

ix. Armed Forces & Police – 4

x, Diaspora Reps (1 male, 1 female) – 2

Sub-Total – 185

9. The size of the National Conference going by this option shall be 536 elected and nominated Delegates.

5.10 Option ‘D’ — Equality of Senatorial Districts (4 Delegates Per Senatorial District): This option proposes representation based on equality of States. It suggested that, each State should be represented by 12 Delegates and 4 from the FCT Abuja elected through universal adult suffrage in such a way that, each Senatorial District returns 4 elected Delegates to the Conference. This will bring the total number of elected Delegates to 436.

5.11 Additional 64 Nominated Delegates: The option also proposes that, there shall be additional 64 Delegates to be nominated by special interests including ethnic nationalities, faith-based groups, professional bodies, regional socio-political groups, civil society organizations, women, youth, the Physically Challenged, etc. It is further proposed that, the Federal Government should facilitate these nominations in conjunction with the interests involved. 5.12 The Committee also considered proposals on the leadership required by the National Conference. Suggestions on this matter included that there shall be a Chairman (or the Conference. Some suggested that, the Chairman, who shall be a retired Supreme Court or Court of Appeal Judge), shall be appointed by the Federal Government. Others proposed that, the Conference itself should elect its officers including the Chairman. There were also suggestions that, the Conference should have ‘a Deputy Chairman, or Deputy Chairmen. Some argued in favour of two (2) Deputy Chairmen from North and South, while others suggested 5 Deputy Chairmen appointed or elected from the geo-political zones other than, the zone from where the Chairman emerged.

5. 1 3 Observations: Members agree that, the National Conference and its associated processes shall be owned and driven by the Nigerian people and that the structure of the Conference should be an all-inclusive one. Similarly members are agreed on the principle of directly electing majority of the Delegates to the National Conference on the basis of universal adult suffrage.5.14 Members were agreed on the need to avoid cumbersome procedures in the determination of the structure and size of the Conference. This is important so that the project is not made vulnerable with the risk of being hijacked by unpatriotic forces who may want to cash in on the cumbersome procedures to cause confusion in order to promote narrow interests in the run-up to the electioneering process in 201 4 and the General Elections in 2015.

Elected Delegates under any of the options considered should emerge through direct election on the principles of universal adult suffrage;

5.15 The Committee was also agreed on the need for an administrative structure that shall run the affairs of the Conference as well as per form other important functions even before the take-off the Conference.

16. With regards to the size and structure of the National Conference itself, the Committee tried in vain to reach a consensus. Decision on the matter was therefore arrived at by voting on the options listed earlier. Before the votes were taken, the proponents of option ‘B’ however decided to fuse their ideas with those proposed under option ‘C’. The results were as follows: 1 member voted in favour of Option ‘A’ on ‘Equal Zonal Representation1, 6 members voted in favour of option ‘C1, while 5 members voted in favour of option ‘D’ while 1 member abstained.

17. Recommendations: Members extensively deliberated on the various options listed above. The Committee recommends as follows,1. There is need to establish a Conference Management Secretariat (CMS) which should consist of:a. An Executive Secretary who shall be Administrative Head of the Conference assisted by Administrative, Accounts, Personnel and other staff to service the Secretariat;
    b. 2 Representatives from each Geo-Political Zone;
    c, The Executive Secretary and other members shall be appointed by the President;

d. The Conference Management Secretariat shall run the affairs of the Conference and supervise the elections to the Conference using the INEC Register. It shall manage all activities and processes of the Conference at all levels.

2. The size and structure of the National Conference should be in accordance with option ‘C’ although Government may also consider ‘Option D’ as a possible alternative;

ToR3: to make recommendations to Government on how representation of various interest groups at the national Conference/Dialogue will be determined

6.0 Nigeria is a plural society which is characterized by interplay of many contending forces: cultural, social, economic and others. One way in which, this plurality is manifested is the ethnic, regional, religious and cultural diversity in the country, Each of the contending forces make common claims from the Nigerian state. Thus the. contending ethnic, religious, regional and economic forces take the forms of interest groups in Nigeria. As is usually the case with all multi-cultural societies, these contending forces have to be aggregated, and their demands on the state streamlined within reasonable limits in order to foster a sense of belonging and national unity.

6.1 The Committee had, in the course oi its engagement with Nigerians been confronted with demands for inclusion, recognition and often, the need to redress certain imbalances in the Nigerian state. Many interest groups have staked their claims. These interest groups included, traditional rulers, ethnic nationalities, faith-based groups, civil society organizations, socio-cultural and regional organizations, women, youth, the Physically-Challenged, professional bodies.

6.2 The various interest groups had demanded for inclusion at the National Conference through their representatives. Some have suggested for example, that all ethnic nationality groups should have equal number of representatives at the Conference. Others have suggested that, ethnic nationality groups and other interest groups need to be simply accommodated in the main body of the National Conference.

6.3 . Observations: The Committee examined the issue of how the various contending interest groups in the country may be represented at the National Conference. Members observe that, every Nigerian has a right to be involved in the process, and this must be duly protected. The Committee believed that there is need to proceed with caution so that the main objective is to foster national unity and strengthen the Nigerian union in ways that will ensure justice, peace and progress. Members observe that all interest groups must be carried along through the representatives chosen by them.

6.4 Recommendations: After a careful appraisal of the issues involved as wet! as their apparent complexities for national harmony, the Committee recommends as follows:

1. That the structure of the National Conference as recommended in Chapter Six (6) shall make provisions for representatives of interest groups through nomination, so their total number compliments the number of the Delegates to be directly elected through universal adult suffrage.

2. The President should nominate the representatives from the identified key interest groups in active consultation with them such that, the interest groups themselves do the actual presentation of the names of those the groups want the President to nominate as Delegates to the National Conference.

3. In addition to the interest groups listed earlier namely, Women, Youth, Traditional Rulers, Physically-Challenged, Professional Bodies, Organized Private sector, Faith-Based Organizations, the Diaspora, Executive, legislative and Judicial arms of Government, Armed Forces and the Police, the credibility of the Conference will be enriched by nominating representatives of the main regional socio-political organizations such as the Afenifere, Arewa Consultative Forum, Ohaneze Ndigbo, Middle-Belt Forum, South-South Peoples Assembly, etc, Every State Government shall nominate one (1) Delegate and the President through the Minister of the Federal Capital Territory shall nominate one (1) Delegate for the Federal Capital Territory Abuja. In the event that any State fails to nominate a Delegate, the President shall nominate a Delegate for the said State. The Committee recommends that the total number of Delegates from the socio-political groups should not exceed 36 at 6 per Geo-Political Zone. The socio-political groups invited lo nominate the Delegates should decide for themselves who their respective representatives should be.

ToR4: To advise Government on a time-frame for the national Dialogue/Conference

7.0 As Mr. President clearly put it in his address during the inauguration of this Committee, Nigerians are desirous of a platform to talk to one another as members of one family in order to strengthen their union. This Committee’s engagement with Nigerians had revealed their enthusiasm on the need to hold the National Conference as soon as possible. . . ,

7.1 Many proposals for the timing of the National Conference have been put before the Committee. While some suggested that, the National Conference should hold in 2014 before the electioneering for 2015 General Elections begin, others wanted the Conference to hold after the 2015 General Elections. Proponents of the convocation and holding of the Conference before the 2015 General Elections, believe that, it will be better to get it done as fast as possible so that, the momentum among Nigerians to move their country forward over and above myopic partisan interests occasioned by electoral politics, is sustained. They also argued that, the outcomes of an early, pre-election Conference may assist in even correcting the inadequacies of the many pre-requisites for credible, acceptable elections. They also believed that, the outcomes may determine the forms that, the 2015 General Elections may take,

7.2 Proponents of convening and holding the National Conference after the 2015 General Elections argued that, what is worth doing is worth doing well. They believed that, Nigeria does not, as at the moment, have strong institutions that can manage two landmark processes of holding a National Conference and General Elections in almost the same time, They held that, the weak institutions that will be brought to bear on the two important processes may end up messing up both the National Conference and the General Elections, and this may possibly lead to chaos with unpredictable consequences.

7.3 As for the time-frame for the National Conference, the Committee had received many suggestions ranging from one. (1) month to one year, Some have even gone ahead to propose the actual work plan for the National Conference within the time-frame that they suggested.

7.4 Observations: The Committee observed that, the issue of timing and time-frame for the National Conference is contingent upon certain important variables. Some of these include the prevailing social atmosphere and political climate of the nation, the disposition of the key political institutions whose support and action is of essence in the project, the quantum of resources that may be made available for the conduct of the National Conference, length and complexities of the issues on the Conference’s agenda, among others. :

7.5 With respect to the specific time-frame for the Conference, the Committee observed that, duration of 3 – 6 months seemed to feature in most of the proposals presented in memoranda submitted to it.

7.6 Recommendations: In view of the above, this Committee now recommends as follows:

1. The National Conference should hold for duration of not less than three (3) months and not more than six (6) months.

2. The convening of the National Conference in the year 2014 possibly between the months of February and July, thus concluding the exercise before the onset of the 2015 electioneering campaigns.

ToR5: To advise Government on a Legal framework for the national Dialogue/Conference

8.0 Large sections of Nigerians who participated in the Interactive Sessions, the Retreat and through the Memoranda that they sent to this Committee, have proposed that, there is the need for an enabling Act to give the National Conference legal backing. The common proposal on this matter expressed by Nigerians across the country is that, the President should send a bill to the National Assembly which shall then enact an enabling law to legitimize the National Conference.

8.1 The Committee understands that, Nigerians want the enabling law enacted as soon as possible.

8.2 Observations: The Committee observes that, although there appears to be a near-consensus on the need to have an enabling act to give legal backing to the Conference as well as guide its conduct, some experts have suggested that the President can rely on the provisions of Section 5 of the 1999 Constitution of the Federal Republic of Nigeria to convene the National Conference.

8.3 Recommendations: The Committee now recommends as follows:

1. That the Executive and the National Assembly should cooperate as partners to put in place an enabling law that should lead to a successful and hitch-free national Conference. In that context the Committee recommends that the President should send an Executive Bill for the purpose of the National Conference tn the National Assembly, which shall enact it into the enabling law. The Committee is convinced that, on balance of probability, it is safer to have such an enabling law, than to assume it is not needed.

In the alternative to the above, the President may exercise his inherent powers under Section 5 of the Constitution of the Federal Republic of Nigeria, and convene the Conference.

ToR6: To Advise on Legal Procedures and Options for integrating decisions and outcomes of the national dialogue/conference into the – Constitution and Laws of the nation.

9.0 Many proposals were canvassed on this matter. One proposal is that, the Conference should draft a ‘New Constitution’ which, shall be subjected to a referendum by the Nigerian people. The result of the referendum shall then be submitted to the National Assembly together with the new Constitution. The National Assembly shall then take all the necessary legislative actions without making any input or amendment to the ‘New Constitution’.

9.1 Another proposal was that, the outcomes of the National Conference should be submitted to the National Assembly, which shall consider these, make necessary inputs as the parliament deems appropriate and take appropriate legislative actions accordingly. The Presidency shall, on its part, sift from the outcomes, matters within its jurisdiction and purview to promulgate appropriate policies or decisions to give practical effect to the implementation of the outcomes of the National Conference.

9.2 Observations: The Committee observes that the issue of referendum/plebiscite was predominant in the presentations made to it by Nigerians across the country. Members thought that it was an attractive and novel idea. Other presentations suggested that the outcomes of the National Conference should be sent to the National Assembly, for some after the referendum and others without the referendum.

ToR7: To advise Government on any other matter that may be related or incidental to the proposed national dialogue/conference.

10.0 Having responded to the terms of reference in the preceding chapters and sections of this Report, the Committee believes that there are many issues that relate to the smooth and successful conduct of the National Conference.

10.1 Observations: The Committee observes that, there are many other matters that will make for a rewarding National Conference. Some Nigerians have suggested some modalities for decision-making at the Conference, how the Conference itself should be conducted, qualifications for election as Delegates to the Conference as well as the rules of procedure required to guide deliberations at the National Conference.

10.2 Recommendations: The Committee recommends that Government should address the following:

1. The official name of the Conference should be The National Conference.

2. The National Conference shall hold at the Federal Capital Territory, Abuja.

3. The National Conference shall have a Chairperson and a Deputy Chairperson who should be persons of high unimpeachable integrity.

4. The Executive Secretary of the Conference Management Secretariat shall serve as the Secretary to the National Conference and shall be responsible lo the Conference for proper record-keeping and all other administrative matters,

5. Decision-Making at the National Conference shall be by consensus but where that is not achievable decisions shall be arrived at, by two-thirds majority.

6. In order to ensure a fully democratic and peoples driven Conference, Government should ensure that, the total number of nominated Delegates does not exceed one-third of the total size of the National Conference.

7. Rules of Procedure: In order to have a smooth and productive Conference, the Conference Management Secretariat shall develop ‘Rules of Procedure’ for the National Conference guided by the Standing Orders of the Federal House of Representatives.

8. Election into the National Conference shall be by direct election through universal adult suffrage on non-party basis.

9. Qualifications of Candidates for Election as Delegates to the National Conference shall be the same as those stipulated for standing election into the House of Representatives except that, candidates for election as Delegates to the National Conference need not be members of any political party.

9.3 Discussion on referendum featured prominently during the Retreat held with selected experts and leaders. The experts argued that, the 1999 Constitution of the Federal Republic of Nigeria, which is an existing Law, does not make provisions for holding a referendum on matters of amending or making a new Constitution. So, they proffered that, for a referendum to be held, the 1999 Constitution should first be amended. Some other experts however, argued that, a referendum in the. manner proposed, can be held without amending the 1999 Constitution.

9.4 Recommendations: The Committee after taking oral and written memoranda where various and numerous options were canvassed, and taking cognizance of the need for strategic caution in advising Government on the handling of the outcomes of the National Conference, now recommends:

That the National Conference itself shall have the responsibility of setting out the said legal procedures and options for integrating its decisions and outcomes of its deliberations into the Constitution and the Laws of the nation.