By Dayo Benson, Political Editor
AFTER several dithering the much expected winding processes of constitution amendment have started fully by the National Assembly. During Plenary Tuesday, the House of Representatives followed the Senate footstep; when it began its second reading of the bill seeking to amend the 1999 Constitution. On its part, the Senate had penultimate week gone through its second reading and subsequently referred the exercise to its committee. The Senate Committee is expected to commence sitting any moment from now.
Both legislative chambers had engaged each other on superiority muscle flexing over chairmanship of what was to be a National Assembly Joint Committee on Constitution Review, (JCCR). House of Representatives leadership buoyed by some of its vocal members had insisted on joint chairmanship of the review committee while the Senate insisted on its sole chairmanship in deference to seniority. A protracted controversy that followed eventually frustrated attempt to have a joint review.
President Yar'Adua
Despite the fact that both sides have opted to go it separately, the fundamental objective of producing a people’s constitution remain. Some of the areas that stakeholders have been clamouring for amendments include electoral system, state creation, true federalism, derivation, revenue allocation and fiscal federalism. Strident calls for reform in the nation’s electoral system had made President Umaru Musa Yar’ Adua, to set up Justice Mohammadu Uwais committee on electoral reforms.
The committee visited the country’s six geo-political zones and received presentations from stakeholders. Several memoranda were also submitted. The committee distilled al the submissions made to it and presented its report to the federal government, some of which are far-reaching in nature. However, government white paper on Justice Uwais committee fell below popular expectation.
Perhaps, the most contentious is the president’s retention of power to appoint chairman of the Independent National Electoral Commission,(INEC). Many have argued that such responsibility should be given to the National Judicial Commission, NJC. This, they contend will guarantee the commission’s autonomy and free and fair election.
The Government White Paper on the Committee’s recommendations seeks a continuation of some of the anomalies which had failed the nation in the past. Three of such anomalies have aroused the ire of Nigerians. First is the appointment of INEC’s Chairman by the President, a practice which made the existing Chairman the political ally and lickspittle of the former President, and, by extension, of the ruling party.
The White Paper has unfortunately rejected the recommendation that the INEC Chairman be appointed by the National Judicial Council (NJC). This recommendation largely accords with the expectations of Nigerians.
Interestingly, the Federal Executive Council (FEC) based its decision on the argument that transferring the responsibility to the NJC would infringe the doctrine of separation of powers, as though it is not the President (representing the Executive) who appoints the Chief Justice of the Federation, subject to confirmation by the Senate (Legislature)!
Second, the White Paper strangely subscribes to the recommendation that State Independent Electoral Commissions (SIECs) be abolished in spite of the fact that Nigeria is a federation of States. If SIEC’s are abolished, local government elections would have to be conducted by the INEC (a central/federal organ), contrary to the provisions of the Constitution, and as though Nigeria were a unitary State!
Third, the White Paper rejects the recommendation that election petition cases be disposed of within six months from the date of election, unmindful of the situation in which election riggers have had to exercise political power for upwards of two years or more before judicial verdicts turn them adrift.
There are several requests for creation of more states before the National Assembly by various interest groups across the geo-political divide. No doubt, some of the demand appear genuine but others are certainly frivolous. The issue of derivation is also crucial.
It is one of the fundamental issues responsible for the seeming intractable restiveness in the Niger Delta. The current 13% derivation presently accruing to oil producing states is perceived to be grossly inadequate by affected states, particularly those from core Niger-Delta areas.
The region has suffered years of neglect and despoliation of its environment and eco-system on account of oil prospecting. Similarly, also fundamental is the issue of revenue allocation between federal, state and local governments. This borders on the demand for fiscal federalism. There is also the quest for true federalism as practised in advance democratic countries.
Earlier, President Yar’ Adua had sent six bills to both chambers of National Assembly for consideration in amending the constitution. The highlight of the presidential bills, six in all are: provision for independent candidates to participate in elections such as presidential, governorship, National Assembly and House of Assembly.
Banning of cross-carpeting and defection of elected public officers from one political party to another. Interestingly, the People’s Democratic Party, PDP; has been the sole beneficiary of this of recent. The latest being that of Bauchi State governor Isa Yuguda whom the president personally received into PDP formally June 27 in Bauchi. A senator elected on the platform of Action Congress, AC, in Plateau State has also defected to PDP. The development has raised concern over a possibility of a one-party state. Another one is independent funding of INEC to make it more autonomous.
These, and some other issues will engage the attention of the review committees of both chambers of the National Assembly in the weeks and months ahead. At the end of the day, the two committee will forward their reports to the 36 Houses of Assembly across the country which will thoroughly debate the clauses one after the other. The proposed amendments would then be supported by at least 2/3 of the 36 Houses of Assembly with different resolutions before the amendment can be affected. Just before the amendment, the report of the Senate and the House of Representatives would be harmonised after contributions from state Houses of Assembly.
There had been insinuations that external forces opposed to the constitution amendment fuelled Senate and House crisis.
Speaking on the issues involved in the amendment, Senate spokesman, Senator Ayogu Eze said:
“A number of issues are there. First of all the issue of first line charge for legislature, because the legislature enjoys almost the same stature as the judiciary. It constitutes a check on the executive. If it does, it must have its own revenue coming without the approval or authorization of the executive.
We also need to look at the issue of the Accountant General of the Federation and the Accountant General of the federal government, because the Accountant General of the Federation ought not to be the Accountant General for the whole country. But right now what happens is that the accountant general of the federal government doubles as the account general of the federation. There are a number of other issues including state creation
His House of Representative counterpart, Hon. Eseme Eyiboh said: “Nobody has an exclusive right or power to review the constitution. The Senate and the House of Representatives would do the harmonisation; the State Houses of Assembly would also take part. So, it’s going to involve the entire country. It is a common thing in Nigeria for people to speculate especially those who call themselves opposition.
Also speaking, Senator Ndoma Egba, deputy Senate leader, said: “The exercise is on and we have started work on the constitutional review, we have some bills from the executive arm which we are working on now and I believe along the line, other issues beyond what the executive has submitted will also be introduced and considered, but what is ongoing.
I do not share the fear that we will not be able to deliver on the reforms, we will certainly deliver on the constitutional review especially aspects of the constitution that relates to the electoral reforms, even it is all that we are able to do in the current session, I think we would have done well because we are committed to delivering on electoral reforms and because we have that commitment, we are also committed to every aspect of the constitution that bothers on our electoral process”
However, in his reaction, Pro-National Conference Organisation ( PRONACO) chieftain, Mr Bisi Adegbuyi said “constitution review is an exercise in futility. According to him, “what we urgently required is a brand new constitution, but not before 2011 elections, certainly that is impossible. And it is only a Constituent Assembly elected for that purpose that can midwife the birth of a new people’s constitution.”
There have been doubts over government sincerity to actually review the constitution. Will this effort by the National Assembly remove such misgivings. Time surely will tell.
Atlast , the house of rep. and the senate has settle their differance, we know that their diffrerance before now has a monetry undertone, this is a country where money supercede national interest . that is to say they have agreed to share what ever is allocated to the constitutional review , equally. may God serve Nigeria, from leaders who are after accumulating primitive wealth. for their generation yet unborn, Amen.
The National Assembly members are parochial, narrow minded lootocrats.
They don not understand Nationalism. They do not understand Foreign Direct Investment competitiveness. They don’t know that outside Nigeria we are all known as Nigerians not, almajiri, ibo, hausa, niger delta, yoruba, ijay, or whatever. No one out there cares. You can’t even say you are Nigerian to avoid embarrasment. These lawmakers dont even know why they are at the National Assembly. Most of them think they are there to make money and thats what they do. I just pray that MEND would cripple OIL and GAS production so they can be disbanded one way or another.
They are destroying Nigeria for generations born and unborn. They can’t help Nigeria. Do you see David Mark as someone who loves Nigeria? Of all he has benefited from Nigeria, what has he given back? Don’t even mention Dimeji, that one and his dad are in politics to make money.
Pls is anyone watching Obama live telecast from Ghana, Nigeria leaders, shame on you, this is evidence that Nigeria is a complete failed state, from the jibe to the open ridicule to once cherished giant of Africa, now Ghana and other little african country as seen as leaders, This is 21st century, America can”t invade Nigeria and change our future, Obama visit to our backyard and statements, is an open challange and fire up to young and jerry rollings in us to revolt and change our future, invariably his mission is to change it for us and can”t send his mighty military to do the job, but to spark the brain that will change it within us, Lets raise and stops this cankerworm that is ruining and destroying our future in the name of leaders. If we can”t change this, then shame on us.
There is nothing wrong with the Nigerian constitution, the problems are with its application and implementation.
In a country where there is lawlessness and reckless disregard for the rule of law; and where laws for the rich are different from that of the poor, it will be impossible to impartially enforce the provisions of the constitution.
Presently, in Nigeria, the provisions of the law are quit explicit, it provides separation of powers between the executive,judiciary and the legislature. Unfortunately, the Nigerian experience had always been the reverse, the executive does not know where its powers begin and where it ends. There are no checks and balances. And no transparency in government. The pressmen and women are hardly allowed to function adequately (because the politician and the bureaucrats have shares and investment within the media). The workings of the constitution are adequately enshrined in the 1979 constitution. Fellow countrymen, Nigerians don’t need a new constitution. Nigeria should stop wasting tax payers money pursuing shadows.Undoubtedly, corruption is the problem and not the constitution.
Nigerians cannot stop amazing me. I wonder some body there has got any sense at all, I mean those in power. For sure there are powerfully intelligent Nigerians who are in PRONACO. But why would this be happening to us as if we are fools,
In the first place, 1999 constituion is rubbish, it never was a constituion- a document put in place by an illegal government who came to power not from revolution, but coup. The military would have made that constitution a peoples constitution if they allowed people to contribute to it through a national confernce, but no- Abubakar just closed the door upon few people and told them what to write and then said we the people of Nigeria– what defines me as a nigeria sef?
In the first place the idea of constitutionalsim came from the social contrat of Hobbes, Locke and Russau British and French philosophers respectively. In principle every political unit must have some agreement for their union, In England we have the English people and germans in germany etc, who is a nigerian? Recently there are South Africans because even though there are whites, there is a form of agreement that binds them together after the aparthied.
The same thing is what we are asking for in Nigeria and that is the best thing to do. since the first cosntitution came in 1922, it was all written together by the whites or the millitary. What the PRONACO stands for is that every Nigerian group should be invited to a conference and asked, Do you still want this UNION, if yes, what are your conditions- then through negotiations an agreement should be reached on what are the grounds for existance, this makes all of Nigerians and serves as the building block for the constitution. The out come of this will inform any cosntitution which must come from all Nigerins.
Some people are just holding Nigeria to Ransome, but what foxes me is that some learned peole play along. How can you have the 1999 constitution and call it a federal cosntitution. The content of the 1999 constitution is more unitary than federal as federalsim means UNITY in diversity. But Yaradua wants to know what the LGAs in lagos state is doing and what the Police command in Onitsha is doing. Federlaism should be in such a way that if the North wants Sharia, they should have it, but the 1999 constitution made it that some would enjoy their cuture to the detriment of others. And to cap it up, there was no agreement for such a document. Zik, Awo and Tafa- they would be in regret now what would have done for us to have been a better nation- I wonder if some who have the opportunity now will still regret.
WE CANNOT AMEND WHAT WE DONT HAVE, SO OFF WITH IT, the 1999 constitution is too bad to be ammended, give us a new one
The present executives at all levels in Nigeria will not perform on anything good because they dont know what the people need since they didnt go through the people before they stole their position
The problem is not the constitution but its application. You could get the best legal brains and the best constitution drafts people, to write a constitution and no matter how perfect the constitution is, the success of it is in the application. Law makers are very powerful, because they make laws relating to life and death. This is why they are supposed to be very reasonable persons, to make good laws that can be easily implimented. This should have been the case, but in Nigeria it is the very opposite because, cultists, 419 persons, ill prepared persons, criminals and people of very questionable characters, have hijacked the politics and law making process. This bunch is not interested in serving Nigerians, their only interest is in stealing and looting from the treasury. At the end of the day, you will see the billions of naira, they will collect for claiming to review the constitution, which mark my words they will never accomplished. The Presidential system is very expensive and can be easily abused and Nigeria is not yet ready, for this system of government. Nigeria does not need two chambers of national assemblies. We should only have one chamber and go back to the parliamentary system, where the head of government is always accountable to paliament on a dailly basis. We should scrap all the states and have more powerful local governments. By sraping the states, the local governments will attract very qualified persons. At the moment we are operating a very large government and we are spending all our money and resourses, to pay wages and emoluments. As a result we have very little money for capital projects. With out capital projects, there will be no ifratructural and ecconomic developements. We should use our oil money now, for those infratructural and ecconomic developements, because in the next 20 years Nigeria will run out of crude oil or crude oil will become irrelevant, like what happened to coal.
what is about happening in nigerian constitution amendement is child play! is just like given a arm robber a court case of robbery to decide his guilt or given a one week old child bible to read for you. what i they will do with 1999 constitution is to change it to corespond with their political rascality and immorality, let nigerian expect one party state in that amendement, bye bye to oppositions, from ZAMFARA to BAUCHI, from JOS to MAIDUGURI we shall decamp to PDP to pleased far notherners. GOD forbid. let unite and fight against modern colonial master from the far northern ruling house
I would like to believe that it is only through a Sovereign National Conference that the peoples constitution can evolve.
It will very risky to allow these set of legislatures who came to power through fraudulent means to amend the constitution.
Nigerians cannot afford a do or die approach towards addressing an all important document that will serve as our article of faith.
And aside that, there is a popular opinion that the present constitution is not peopled so there is no basis for amendment. It is like amending what we don’t have.
Though I concur with The Pro-National Conference Organization (PRONACO) that what Nigeria actually needs is a new constitution, I disagreed with it on the time frame being proposed. I sincerely believe that the process of evolving a constituent assembly can begin say in 3 months from now.
We can have one, one constitution once and for all instead of wasting scarce resources(Time & Money) panel beating a rusticated iron. My emphasis!
The National Assembly is a bunch of corrupt, narrow and evil minded individual whose idealogy is kill and divide. And many has no ideal what to serve the people mean rather than serving the people, they are been serve by the people who they are representing.
Definitely no they can not produce the people’s constitution simply because they do not have Nigerians at heart and moreover they are representing their indivdual selfish intrest.