Can the 9th Assembly Make a Difference With Constitution Review?

Adedayo Akinwale writes that the efforts by the National Assembly to review the 1999 constitution is gathering momentum but with less enthusiasm

After initial foot-dragging, the process of reviewing the 1999 Constitution as amended has finally commenced. The much awaited constitution review is coming two years into the lifespan of the Ninth Assembly.

While the review of the 1999 constitution is already gathering momentum, Nigerians are less enthusiastic about the exercise which has turned into money spinning ventures from the 5th Assembly till date. Huge sums have been voted for the same exercise with little success to show for it.

The perennial exercise by the legislative arm is characterised by proposals that keep resurfacing despite costing the nation billions of naira. Yet, several attempts were made by the parliament to amend some provisions of the 1999 Constitution, all to no avail.

While some amendments made by the National Assembly were successful, several others suffered serial failures but kept appearing in new proposals. In all, it hasn’t been largely successful.

First Attempt at Reviewing the Constitution

The first attempt at reviewing the 1999 Constitution was a total failure in the 5th National Assembly under the chairmanship of former Deputy Senate President Ibrahim Mantu and Deputy Speaker Austin Okpara.

The failure of the exercise occurred during the alleged third term agenda of former President Olusegun Obasanjo. The exercise ran into muddy waters when the lawmakers discovered that a clause to elongate the tenure of the then President to that effect was allegedly inserted into the document, the bill was rejected.

The Second Attempt to Review the Constitution

The second attempt to review the constitution in the 6th Assembly under the chairmanship of Senator Ike Ekweremadu and Hon. Usman Nafada was partially successful as some sections were amended.

The sections included the financial autonomy of the National Assembly, which gave it the power to draw its funds directly from the federation account, otherwise known as the first-line charge.

The Third Attempt

The constitutional review exercise in the 7th Assembly was not a total failure and neither an absolute success.

The National Assembly attempted to strip the President of the power to sign the constitution amendments, which is required for them to become law. It was however a failed attempt.

The then President Goodluck Jonathan argued that the legislature overreached itself in seeking to abridge presidential power, especially the power to “check and balance” the lawmakers.

The Fourth Attempt

Available records show that about 33 bills for constitutional review were available for review by the 8th Assembly, with 28 of them passed by the House. Out of this number, 17 got concurrence from the Senate, while four were passed with differences.

Nevertheless, 17 bills were sent to the State Houses of Assembly for concurrence, in accordance with the provisions of the constitution. But 12 of these came back to the House ratified, while five, including the bill on local government autonomy, were rejected by the State Houses of Assembly, having failed to receive the approval of two-thirds of the state assemblies. Unfortunately, only five of these bills were signed as part of the constitutional amendment by the president.

Some of the bills that were inherited from the last Assembly that may attract serious debate during the current exercise include the issue of local government reform, as well as the establishment of a state and local government joint account.

While many believe that the joint account has been used by state governors to mismanage local government funds, some governors and others opposed to local government autonomy have often shifted the burden to the National Assembly to amend the constitution to delete the provision from the constitution.

It was against this background that the last Assembly took up the challenge and passed the law abrogating the joint account, but the State Houses of Assembly failed to ratify it.

Not only that, they also failed to ratify the alteration granting autonomy to local governments. Another provision that may be contentious during the ongoing process is the independent candidacy.

Fresh Move by the 9th Assembly to Review the Constitution

However, one of the legislative agenda of the 9th Assembly is to give Nigerians what it described as the people’s constitution.

Despite the daunting task, the Speaker of the House, Hon. Femi Gbajabiamila, was of the opinion that the 1999 Constitution failed to address some critical national questions confronting the country, hence the resolve by the legislature to amend it.

According to him, The 1999 Constitution is the product of a hurried national compromise that we entered into two decades ago in order to ensure that the military returned to the barracks and that we returned to democratic government.

Gbajabiamila, who spoke in Lagos while declaring open the public hearing on the review of the Nigerian Constitution, said the National Assembly could only achieve the task after getting the inputs and support of the citizens.

The Speaker said though the current exercise is not the first of its kind, it might be the most important one in the nation’s recent history as the decisions to be made would have far-reaching consequences for the future of Nigeria.

In response to the doubts expressed in some quarters about the exercise, the Speaker noted that there was no perfect constitution anywhere in the world, but that it was imperative for Nigeria to have a near-perfect constitution to enable the country to confront and resolve many of its political, economic and socio-cultural challenges.

He added, “No nation in the world has a perfect constitution, but we need a near-perfect constitution in Nigeria and we can achieve that through substantive amendments that significantly alter the character of our nation.

“Therefore, the task before us now is to use this process of review and amendment to devise for ourselves a constitution that resolves the issues of identity and political structure, of human rights and the administration of government, resource control, national security and so much else, that have fractured our nation and hindered our progress and prosperity.

“Our job is to produce a constitution that turns the page on our past, yet heeds its many painful lessons. It is not an easy task, but it is a necessary and urgent one.”

The Chairman of the House Special Ad-hoc Committee on the Review of the Constitution and Deputy Speaker of the House, Hon. Ahmed Wase was of the view that local government reform needs special attention. He said the country was passing through serious challenges as a result of the non-performance of the local government system.

Wase noted that attention should be paid to state creation, as well as other agitations by various groups in the country. He said that lawmakers of the 9th Assembly would be writing their names in gold by ensuring that they do everything possible to give Nigerians a people-oriented constitution.

He said the electoral review was particularly important to give Nigerians a direction in their democratic growth. Wase said the issue of state creation, as well as women participation, will also be given special attention by the House Committee.

Wase said: “This is about nation-building. We have the opportunity to write our names in gold. Whatever we are going to do here, we should be guided by the fact that Nigeria needs very critical reforms at this particular moment and time. By our own design, we thought we should segment the issues in the country so that we will have them in batches.

“We are not going to have one batch constitutional review like it is done in the past. As the issues come, we shall be treating them and we have classified the issues. As of today, we require electoral reforms. That should be done and this is the right moment to have this one done. Anything short of this, many misgivings will come in. So, I expect us to spend our time so that we give in our best and be able to send out the best of what Nigeria will require to improve our electoral system and participation.

“We also have the issue of judicial reform, which is very key. We are all aware of the various shortcomings and shortfalls within that sector. Local government reform is another very thorny and burning issue and we need to put our heads together to ensure we liberate that particular system for the benefit of Nigerians and I believe it is important. If that tier of government is working very fine, a lot of things happening today, be it insecurity, social infrastructure will be addressed. “

Senate zonal public hearing

Expectedly, when the Senate commenced the zonal public hearings in 12 venues nationwide last week, clamours for creation of state police, devolution of powers to the states, creation of more states, restructuring and fiscal federalism featuring prominently in presentations made by stakeholders.

Under the exercise, each of the six geopolitical zones was assigned two venues each to enable groups and individuals to present their demands.

The venues are Enugu and Owerri for the South-east; Lagos and Akure for South-west, Kaduna and Sokoto for North-west, Bauchi and Gombe for North-east, Port Harcourt and Asaba for South-south, and Jos and Minna for the North-central.

Various groups from the four North-west states of Kaduna, Kano, Katsina and Jigawa attended the public hearing at the Hassan Katsina House, Kawo in Kaduna.

el-Rufai reiterates call for devolution of power

The Kaduna State Governor, Mallam Nasir el-Rufai, reiterated calls for devolution of powers, adding that the current structure overburdened the Federal Government with too many responsibilities, which it cannot efficiently handle.

el-Rufai, who spoke in his personal capacity, said the All Progressives Congress (APC) Committee on true federalism which he headed, had identified legislative interventions that the National Assembly could more easily undertake to achieve a truly balanced, equitable and fair federal structure.

The governor proposed 10 items which should be shared responsibilities between the Federal Government and states.

He said: “The reality of our security situation today requires that Nigeria must strengthen its military and security agencies. This includes decentralising the police to enable the states to exercise effective control in securing their residents and communities.

“We need to have federal, state and community police, with each granted sufficient powers to make them effective in securing the areas assigned to them and cooperating closely with each other.’’

The governor dismissed the fear of abuse of state police by sub-national governments because a constitutional or statutory framework can be enacted to ensure federal intervention in cases of such abuses.

Southern Kaduna Demands Gurara State

In its submission, Southern Kaduna People’s Union (SOKAPU), re-echoed its long agitation for the creation of Gurara State out of the present Kaduna State.

SOKAPU President, Mr. Jonathan Asake, demanded the amendment of section 8 of the constitution, which makes it almost an impossible task for the creation of a new state.

Amendment will Address South-east Agitation – Uzodinma

In Owerri, where Imo and Abia states made their submissions, Imo State Governor, Senator Hope Uzodimma, said the South-east’s popular agitations and Nigeria’s problems could be addressed by amending the constitution.

Uzodimma stated that the Igbos are better off being part of the larger Nigeria with vast opportunities opened to them than being confined in a separate space with limited opportunities.

He said: “In every part of Nigeria outside the South-east, we form the second largest population.

“As an itinerant group, we move around to expand our economic frontiers. As citizens of Nigeria, we are afforded that lease of life. Our people are suffering from harassment in South Africa and Ghana and other countries. Is that what we want to bequeath to our younger generation if, in hastily contrived indignation, we abandon our heritage in Nigeria?

“So my dearest brothers and sisters, we need Nigeria just as Nigeria needs us. Whatever be our grievances against the system, we have a golden opportunity to seek redress under the upcoming constitutional review. What we seek is justice and equity for our people to thrive. And for that, we owe nobody any apology. But we cannot achieve it through violence or threat of secession. It is through an avenue like this that we put forward our request and follow it through.”

In a memorandum, he submitted for Abia State, the Chief of Staff to Abia State Governor, Mr. ACB. Agbazuari said state police would strengthen the peaceful coexistence in the South-east and check security challenges.

Sanwo-Olu Demands State Police

In Lagos, the participants called for restructuring of the federation to reflect true federalism, saying only such a move would engender unity, progress and the prosperity of the country.

The state Governor, Mr. Babajide Sanwo-Olu reiterated the need for a special economic status for the state and the creation of state police.

He said, “For us in Lagos State, the issues of state police and fiscal federalism are at the top of the priority list for us in this ongoing review process. Equally fundamental, particularly for us in Lagos State, is the issue of a special economic status for Lagos, considering our place in the national economy and the special burdens we bear by virtue of our large population and limited landmass.

“I believe the need for this special status has been sufficiently articulated and justified. It suffices for me at this point to restate that this request is by no means a selfish one, but one that is actually in the interest of every Nigerian and of Nigeria as a nation.

Okowa Seeks New Constitution, Not Amendment

The Governor of Delta State, Sen. Ifeanyi Okowa who declared the public hearing open in Asaba stated that Nigeria needs a new constitution.

He said what Nigeria actually needed was a “new constitution” rather than a review.

The governor urged the National Assembly to look into power devolution to the states, review revenue allocation formula, oil derivation and demand for state police in the amendment to enable the Revenue Mobilisation Allocation and Fiscal Commission to lay revenue allocation formula proposals directly before the lawmakers.

Bayelsa State also called for the devolution of power, state police and “true federalism with 100 per cent resource control.”

We are not opposed to restructuring- Niger Governor

Declaring the event open in Minna, the Governor of Niger State, Alhaji Abubakar Bello, said the North-central zone was not opposed to the restructuring of the country as being demanded by the South.

“We don’t have problem with restructuring. At the end of the constitution review exercise, justice should be done to all segments of the country. Nigeria is better and stronger as one country.”

Akeredolu Seeks Return to 1963 Constitution

On his part, Ondo State Governor, Rotimj Akeredolu called for the country to return to the 1963 Constitution, which gave powers to the regions to develop at their own pace.

The governor said the 1963 Constitution, which reflected the republican status of the country, remained the best document for a country as heterogeneous as Nigeria.

Akeredolu stated that the powers of the Federal Government at the present must be trimmed as it was the major source of friction in the country.

Akeredolu warned that the current attempt at the constitution amendment should be taken beyond the usual jamboree conceived and executed to arrive at a predetermined result.

“The current exercise, therefore, must not toe the path of the previous attempts at tokenism. The basic law of any country must not be reduced to frivolities reflecting preferred whimsies,” he added.

Presenting the position of Ekiti State, the Deputy Speaker, Hon. Akeem Jamiu, like Akeredolu, said the new constitution should allow only five political parties, allow independent candidate e-voting and diaspora voting.

Bauchi Gov Identifies Inadequacies in 1999 Constitution

At the North-east zonal hearing in Bauchi, Bauchi State Governor, Senator Bala Mohammed, identified inadequacies in the constitution to cover revenue allocation, security provision and inclusiveness in running the affairs of the country.

He expressed the hope that the move would provide the change needed for the betterment of the country.

According to him, the North-eastern part of the country as the most devastated by insurgency and educationally disadvantaged was shortchanged in the constitution, hence the need for the review.

Constitution Review Will Strengthen Democracy – Tambuwal

The Governor of Sokoto State, Hon. Aminu Tambuwal, said citizens’ participation in the ongoing constitution review would strengthen democracy.

Tambuwal, at the Sokoto venue of the North-west zonal hearing covering Kebbi, Sokoto and Zamfara States, described the constitution as a reference point of democracy.

Constitution Review Will Help in Addressing Security Challenges – Lalong

In Jos, the Plateau State Governor, Mr. Simon Lalong, expressed the hope that the constitution review would help in addressing the security challenges in the state and other parts of the country.

“Hopefully, this constitutional review should lead to better policing that is closer to the people to stop this kind of unacceptable murder,” he said.

Constitutional Review ‘a Waste of Time’ – Afe Babalola

Veteran lawyer, Afe Babalola described the ongoing constitutional review as a waste of time and energy.

He said instead, the National Assembly should move for a national conference where issues bedeviling the nation could be identified, discussed and resolved through a roundtable talk.

Babalola said, “There is no way the National Assembly can amend the 1999 Constitution to cure the inherent defects, if the fraud in the system is not first got rid of.

“It is common knowledge that the 1999 Constitution was made by the military which in its wisdom claimed that it was made by the people. Secondly, it is impossible, by way of amendment, to take away the military system of government under the 1999 Constitution or the power and control of public funds by the President.”

“I, therefore, advise that the current National Assembly should call for a National Conference to discuss and make a new true federal constitution which will provide for a Parliamentary system of government.”

It’s an exercise in futility – Afenifere

Also, the apex Yoruba sociopolitical group, Afenifere, has described the ongoing process of amending the 1999 Constitution as an exercise in futility.

Reacting to the decision of the group not to submit a memorandum to the Senate Committee on Constitution Review, the Secretary-General of Afenifere, Chief Sola Ebiseni, said amending the constitution would not achieve any result.

He said: “Afenifere advocates fundamental restructuring of Nigeria for the reinvention of a federal constitution as the agreed principles of governing Nigeria and its diverse ethnic nationalities by our founding fathers, which will ultimately replace the imposed 1999 unitary constitution.

“Amending the constitution is an exercise in futility and a waste of time and public funds. We cannot claim to be a federal republic and be governed by a unitary constitution. We cannot claim to be in a democracy and be governed by a constitution that does not emanate from the people.

“Amendment will not cure the anomalies. You cannot put something on nothing and expect it to stand.”

QUOTE 1

Available records show that about 33 bills for constitutional review were available for review by the 8th Assembly, with 28 of them passed by the House. Out of this number, 17 got concurrence from the Senate, while four were passed with differences. Nevertheless, 17 bills were sent to the State Houses of Assembly for concurrence, in accordance with the provisions of the constitution. But 12 of these came back to the House ratified, while five, including the bill on local government autonomy, were rejected by the State Houses of Assembly, having failed to receive the approval of two-thirds of the state assemblies. Unfortunately, only five of these bills were signed as part of the constitutional amendment by the president

QUOTE 2

Declaring the event open in Minna, the Governor of Niger State, Alhaji Abubakar Bello, said the North-central zone was not opposed to the restructuring of the country as being demanded by the South. We don’t have problem with restructuring. At the end of the constitution review exercise, justice should be done to all segments of the country. Nigeria is better and stronger as one country. On his part, Ondo State Governor, Rotimj Akeredolu called for the country to return to the 1963 Constitution, which gave powers to the regions to develop at their own pace. The governor said the 1963 Constitution, which reflected the republican status of the country, remained the best document for a country as heterogeneous as Nigeria