Suggests review in LG administration, allocation of funds, state police, gender equality amongst others

The Youth Party has submitted its recommendations on the proposed alteration to the provisions of the 1999 Constitution ahead of the Public Hearing fixed for Wednesday 26th and Thursday 27th May 2021.

The party’s recommendations, signed by its National Chair, Mr. Tomiwa Aladekomo, followed the invitation of the Senate Committee on the Review of the 1999 Constitution.

The issues proposed by the party include judicial and electoral reforms, local government administration, allocation of funds, state police, gender equality, residency and indigeneship, local government elections and public revenue, fiscal federalism, and revenue allocation, among others.

In its recommendations on Gender Equity and Increased Participation of Women and Vulnerable groups in Governance, the party noted: “We recommend that certain number or percentage of women and people with disability should be stated in the Constitution to guide the political parties in the fielding of candidates and also the Governors/President in the choice of their cabinet members.

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“We recommend the amendment of the following sections Section 48, 49, 91, 71, 72 to reflect the National Gender Policy by ensuring that 35% of the composition of the national and state parliaments shall be reserved for women, to promote gender diversity.

“We also recommend that the legal age of marriage be established at 18 years.”

On Local Government Administration and Autonomy, it recommended the deletion of Sections 3(6), 7(6) (a), 162(5), 8(5) and (6) and 153(1) (f) of the Constitution, which gives opportunity to the federal government to interfere with the States’ power over the creation and management of the local government system.

“Expunging these constitutional provisions will place the local government system in its proper position under a truly federal structure. State Governments should be given a constitutional guaranteed unfettered power to create as many local governments as they deem fit,” the party added.

Its recommendations on the allocation of funds are that “the Constitution should expressly void and abolish Section 162(6) which provides for the establishment of joint accounts by State-Local Government.

“The Constitution should ensure direct federal funding to local government councils without state government’s interference. Section 3 (6) should be abolished and deleted from the Constitution to allow for more creation of Local Government Areas in the country.”

The Youth Party also proposed that Section 7 of the Constitution should be altered to include a four-year tenure for the all-Local government council officeholders.

On Public Revenue, Fiscal Federalism, and Revenue Allocation, it recommended that “Section 162 (2) of the Constitution, as well as the legislative list, should be amended to allow the states to collect taxes over mineral resources within their territory and remit 25% of such taxes to the Federal Government.

“The Constitution should be amended to clear the ambiguity over the collection of consumption tax (VAT) by the Federal Government for the benefit of the States. The States should administer/collect VAT within their territories.”

Also, in its proposal for State Police, the Youth Party opined that “a pilot State Police Program be run in economically viable states for a period of 4 years. Furthermore, any State that is desirous of establishing a State Police Department must demonstrate the ability to fund the Department.”

“Also, a State Police Service Commission with clear oversight powers and ability to discipline erring officers must be established contemporaneously with any State Police Department.”

“In the event of gross mismanagement or abuse of powers by a State Police Department, the Attorney General of the Federations shall have the powers to approach the Supreme Court for an order directing his or her office to take over the administration of such State Police Department until the State demonstrates the ability to remedy and prevent the recurrence of the abuse or mismanagement.”

On Electoral Reforms, the party stated: “The Third Schedule, Part 1, Section 14(1)(2) of the Constitution of the Federal Republic of Nigeria 1999 on the mode of appointment of INEC Commissioners and Resident Commissioners needs to be an amendment for neutrality and the blatant partisanship currently displayed by officials of INEC.

“In partial support of the Uwais’ Committee Report on Electoral Reforms, we recommend that: The NJC should be in charge of the advertising the positions and screening applicants for vacancies into the positions of INEC commissioners and Chairman within 20 days from the date of the expiration of their term of office.

“The NJC should then recommend three applicants to the President within 20 (Twenty) days from the date of screening. The President should then forward the name of one out of the three nominees to the Senate for confirmation within 30 (Thirty) days upon receipt of the list.”

On deregistration of political parties, the party advised that “INEC should approach the Court for deregistration of Parties and state the grounds for deregistration with sufficient clarity and precision. This power must only be exercised upon obtaining a Court order granting leave to exercise the same. This is similar to the position for disqualification of candidates, winding up of banks, and other similar institutions.

“Deregistration is tantamount to taking the life of a Party and the decision should be left to the Court. If the disqualification of a candidate from an election for ineligibility regardless of the evidence cannot be done by INEC but by the Court, it is ridiculous that the political Party sponsoring him or her can be deregistered administratively.

“This is unacceptable and bound to lead to injustice not to mention breach of fundamental human rights freedom of association and breach of fair hearing contrary to Section 36 of the 1999 Constitution. The power to deregister should be exercised through the Federal High Court.”

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It cited that the “Youth Party has had its fair share of INEC’s disregard for the rule of law, having attempted to deregister our party despite an order of the court restraining the commission. Thankfully, a recent Appeal Court Judgment has again ruled in our favor, describing INEC’s action as reprehensible.”

The Party on its recommendations on States and Local Government Creation stated: “It is our position that the creation of additional states must be based on the economic viability of the aspiring state to meet the financial needs of its people without recourse to the Federal Government or federal allocation. This should be followed by a referendum in the State.

“We posit that the process strictly adhered to the requirement for a constitutional amendment. That is 2/3 of the votes by the National Assembly and the State House of Assemblies in 2/3 of the States.

“In summary, a new state must be economically viable, financially sustainable, secure the consent of its residents/indigenes as well as the existing States that it would be carved from.”

Vanguard News Nigeria