*Possible constitutional distractions ahead
*Contradictions in the Electoral Act and Constitution
*The intrigues, the power play
By Jide Ajani
The continuing treatment of the Nigerian Constitution as a love letter by the quartet of President Goodluck Ebele Jonathan, Professor Attahiru Jega, legislators and the political parties in the country sends disturbing signals across the land – they believe amendments to the document should swing with their shifting moods.
It was Adams Oshiomohole, the Edo State governor who made the remark at one of the public hearings pursuant to amending the 1999 Constitution.
“The Constitution is not a love letter that you continue to change to suit your mood”, he said.
His statement was directed at the men of power, who according to him, must focus on altering long held values that have been the real obstacle to achieving electoral and political reforms in the Country. Governor Oshiomhole then advised the legislators to approach the issue of constitution amendment in a more sober and visionary manner and avoid quick-fixes and slipshod that would necessitate another review in the near future.
Oshiomhole said this about a year ago.
Today, the concern raised about a year ago is the problem with the 2011 general elections and the amendment proposals that are being pushed by various interests. But another South South Governor is raising his own fresh concerns about what is evolving.
The governor spoke to Sunday Vanguard and expressed disgust at the new dimension the proposed amendments to the amended version of the 1999 Constitution is taking.
Rotimi Amaechi, the Rivers State governor, in an interview in Port Harcourt, said some of the proposals being put on the table and meant to be accommodated by the National Assembly negate the philosophy of democracy.
His words: “What is going on is not in the best interest of Nigerians.
“Democracy, as they say is government of the people for the people and by the people. For me, it does not even matter who the government is for; what should concern everyone is whether the government is of the people and by the people. Once we meet those two conditions the last one is a given. Some of the proposals being put forward would not help this country move ahead as a nation with democratic credentials. We need to begin to move away from things that would not benefit us”.
What the state governor was referring to, according to Sunday Vanguard investigations in Abuja and Lagos suggest that there is a power play between President Jonathan and some Peoples Democratic Party, PDP, presidential aspirants. Then there are legislators who also believe that they can leverage on the proposals from the presidency to ram their requests in.
Just about three months ago, Professor Jega told Nigerians that once he is able to get some form of reprieve in the nature of extension and alterations to the timelines provided for by the Electoral Act and the 1999 Constitution, he would be able to deliver very credible general elections next year. He got what he requested – extension. The National Assembly granted Jega’s request and reduced the contentious number of days from 150 to 90 days. The old time table of INEC for the registration of voters and the general elections would disenfranchise some Nigerians who are about to embark on pilgrimage from November.
That apart, the earlier date fixed for the general elections expected to kick off in January next year was said to likely fall on the Armed Forces Remembrance Day.
Therefore, when last week, Professor Jega said that if the National Assembly delays the extension of the time lines being sought by the commission beyond November, it would affect the commission’s plan for both the Registration of Voters and the 2011 elections negatively, he knew what he was saying and, therefore, the best option in the circumstance would be a new set of amendments, he knew what he was saying. Professor Jega made the remarks when he received in audience, ambassadors of the European Union countries led by Ambassador David Macrae at the commission’s headquarters.
According to professor Jega, “we are getting conflicting signals and if there are any delays in the national assembly, it will affect us. The faster they are able to complete the amendment process, the better for us. If we have to get extension around November or December, then we will be back to square one. We do not want any extension that would affect the May 29th handover date”.
And although he has since said he was quoted out of context when the law makers confronted him, Jega’s fears are not misplaced. But what a source at INEC made Sunday Vanguard understand that “there are quite a number of distractions on the way”. For instance, the source asked, “what do members of the national Assembly mean by ‘RIGHT OF FIRST REFUSAL’”?
Well, the proposal seeks to insist that unless a member or members of the national assembly refuse to seek re-election, then their seats would not be vacant for contest. Then there is then proposal from the presidency which seeks to legislate that party caucus should be saddled with the exclusive responsibility of selecting the presidential candidate of a political party.
The INEC source made it clear that “given the huge investments being made by Nigeria to get free, fair and credible elections, we should ensure that what is worth doing should be done very well and, therefore, the need for the fresh amendments INEC is seeking. But as for the distractions that some people are also trying to bring in, it would only muddy the waters”.
Already, the Senate is going ahead to suggest that it is favourably disposed to having elections in April of next year just to accommodate the fresh requests coming from INEC.
The process for Electoral Act Amendments
This is how the National Assembly and the state houses of assembly are effecting changes to the recently amended 1999 Constitution and the 2010 Electoral Act.
After meeting with the leadership of the political parties and securing their backing for the time extension for elections, INEC chairman, Jega met with the President who agreed to send an amendment bill to the National Assembly.
*Upon submission of the Bill to the national assembly, a meeting was convened by the President between the principal officers of the national assembly and the INEC boss to ask for the cooperation of the National Assembly for not just the expeditious passage of the amendments.
*After this meeting, a meeting of the principal officers of the national assembly and the speakers of the state houses of assembly was held.
*At the meeting which was at the instance of the president of the senate, a commitment was gotten from the speakers to also expedite action on the amendments as soon as it was forwarded to the state houses of assembly by the National Assembly.
*The joint constitution review committee of the senate and the House of Representatives broke into sub committees to consider the amendments to be taken.
*The ad hoc committees submitted their recommendations which was that no new amendments should be considered outside the ones being sought by INEC so as not to be bugged down by unnecessary politics.
*The deputy president of the senate formally presents the amendments on the floor of the senate for debates.
*As at Wednesday, the committee was directed to hold a public hearing within one week and report back to the Senate.
*It is expected that after next wee the committee will report back after which it would be sent to the states.

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