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.