9th NASS: What manner of constitution review?

Last week, the President of the Senate, Ahmad Lawan, set up a 56- member Constitution Review Committee in line with agitations from Nigerians. But what manner of review will the committee carry out cosmetic or comprehensive? Taiye Odewale examines.

Why need for constitution review

Historically, since the advent of the present democratic dispensation in May 1999, attempts have been made four different times by the previous assemblies to amend some provisions of the 1999 Constitution in order to address some of anomalies of the brand of federalism imposed on the country by the military regimes between January 1666 and May 1999.

Prior to the military coup of January 1966 which resulted into unification of the nation’s decentralized federal structures through Decree 34 of March 1966, Nigeria, like other federations of the world, including the United States of America ( USA), Canada , India , Germany, Australia , Brazil etc, ran a federation where constitutionally and practically, powers and resources are shared between the centre ( known as federal government) and the federating units (symbolised by existing 36 states of the federation now).

But the model of over-centralised federalism foisted on the country by the military regimes through provisions of the 1999 constitution, has been making federalists across the federation to clamour for amendments of some of its provisions through devolution of powers.

One of such is the centralised policing as listed in item 44 of the exclusive list of the Constitution which concerned Nigerians felt should be moved to concurrent list, to pave way for establishment of State Police by any interested state of the federation.

5th – 8th NASS and review

However from the 5th to the 8th National Assembly when constitution review exercises were carried out, the amendments done were largely cosmetic and not substantial in any way. They were made to ensure the largely ‘unitarised federation’ remains as it has been over the years with attendant bad governance arising from dysfunctionality of the system.

Little wonder that few days back, some Nigerians, in their reactions to the proposed constitution amendment by the 9th National Assembly, expressed pessimism in one way or the other as regards the possible outcome of an exercise that is just about to start.

Incidentally the two notable commentators on the subject matter so far are serving executive governors from two of the 36 states of the federation.

Wike and Fayemi no hope comment

Specifically four days ago, while Governor Nyesom Wike of Rivers state in his comments on the about- to- start exercise by the 9th National Assembly noted that it will amount to nothing just like the previous exercises, by saying “every time, there is constitutional amendment, but at the end nothing comes out of it. Even the one just started will not yield anything different”, his Ekiti State counterpart , Kayode Fayemi, declared that  restructuring of the country  lies more with the National Assembly and not the ruling All Progressives Congress ( APC).

Fayemi, who made the declaration during an interview in Ado Ekiti , the capital of the state in commemoration of his 55th birthday anniversary, said: ” Yes, restructuring is one of the things that we promised in our manifesto and what the party asked the El Rufai committee to do was to really define what we mean by restructuring. And the Nasir el Rufai Committee did a brilliant job of that; going around the country, holding zonal meetings, asking questions from a diverse audience and then coming out with a set of recommendations, including even proposed draft bills that define the consensus.

“But having done that, the job of legislation and reforming the Constitution of Nigeria in order to achieve what we promised Nigerians is the job of the legislature, particularly the National Assembly”.

Essence of the committee

However, despite the pessimism, signs that the present National Assembly may make the best of the exercise this around were reflected in the remarks made by the President of the Senate, Ahmad Lawan after the announcement of the 56- member committee in the Senate last week Thursday.

Lawan in his remarks said: “I want to use this opportunity to advise the committee that you represent the Senate and the entire National Assembly, even though the House will also constitute its own Constitution Review Committee. 

“Of course, Distinguished Senators who are not members can still participate by giving any submission, and any advice they feel strongly about for this committee to succeed. 

“As for the activities of the committee, you will engage not only members of the National Assembly, and other statutory bodies like the INEC, civil society groups, but Nigerians are interested in the way and manner we do our duties here.

“Nigerians definitely have interest in the Constitution Review that the National Assembly will embark upon. There are several issues that Nigerians feel strongly about. 

“The Constitution Review Committee is supposed to be a platform where such issues will be brought, and where those who are interested should ensure that they make every possible effort, including presentations for their views to be considered. 

“As a National Assembly, particularly the Senate, we want to have a very stable country. We want a country that gives every citizen the opportunity to actualize his or her dream. We want to have a security that is enhanced and an economy that works for everyone. 

“Stability of the polity is important, we need to have a country before we run for elections, or indeed undertake any activity. So, we advise that any organization or individual who has anything that should be taken on by the committee should make submissions to the Constitution Review Committee”.

Composition of the committee

The 56 – member committee as announced by the President of the Senate, Senator Ahmad Ibrahim Lawan , consists of eight principal officers who are to serve as steering committee within the larger committee, a senator from each of the 36 states of the federation and two senators from each of the six geo-political zones.

Names of the 56 member committee to be chaired by the Deputy President of the Senate , Senator Ovie Omo-Agege , are the Senate Leader, Abdullahi Yahaya , Deputy Senate Leader, Professor Robert Ajayi Boroffice, Minority Leader, Enyinnaya Abaribe, Deputy Minority Leader, Senator Emmanuel Bwacha , Minority Whip, Senator Philip Tanimu Aduda and Deputy Minority Whip, Senator Sahabi Alhaji Yau’.

Membership of the committee per state; are Senators Theodore Orji ( PDP Abia Central), Aishatu Dahiru Ahmed (APC Adamawa Central), Stella Oduah ( PDP Anambra North), Albert Bassey Akpan ( PDP Akwa Ibom North East) and Dauda Jika (APC Bauchi Central).

Others are Senators Degi Eremienyo (APC Bayelsa East), Gabriel Suswam (PDP Benue North East), Abubakar Kyari (APC Borno North), Gershom Bassey (PDP Cross River South), James Manager (PDP Delta South), Sam Egwu (PDP Ebonyi North) , Mathew Urhoghide (PDP Edo South ) and Bamidele Opeyemi (APC Ekiti Central).

Also representing states in the committee are the former Deputy Senate President, Ike Ekweremadu (PDP Enugu West) , Danjuma Goje (APC Gombe Central), Rochas Okorocha (APC Imo West), Muhammad Sabo (APC Jigawa South West), Uba Sani (APC Kaduna Central), Kabiri Gaya (APC Kano South) and Ahmed Baba Kaita (APC Katsina North).

Others are Senators Mohammed Adamu Aleiro (APC Kebbi Central), Smart Adeyemi (APC Kogi West), Sadiq Umar (APC Kwara North), Oluremi Tinubu (APC Lagos Central), Abdullahi Adamu ( Nasarawa West), Sani Musa (APC Niger East), Ibikunle Amosun (APC Ogun Central), Nicholas Tofowomo (PDP Ondo South), Bashiru Ajibola (APC Osun Central) and Teslim Folarin (APC Oyo Central).

Also on the list on state basis are Senators Dimka Hezekiah Ayuba (APC Plateau Central), George Sekibo (PDP Rivers East) , Aliyu Wammako (APC Sokoto North) , Yusuf Abubakar Yusuf (APC Taraba Central), Ibrahim Gaidam (APC Yobe East) and Mohammed Hassan Gusau ( PDP Zamfara Central).

Those representing the zones on  the committee are Sebators Bala Ibn Na’Allah ( APC Kebbi Sout ) and Ibrahim Shekarau (APC Kano Central ) for the North West geo political zone .

For the North East Geo- political zone are Senators Kashim Shettima (APC Borno Central) and Lawal Gumau (APC Bauchi South).

Senators Lilian Ekwunife (PDP Anambra Central) and Chukwuka Utazi (PDP Enugu North), are to represent the South East Geo- political zone on the committee.

While Senators Eyinkenyi Etim (PDP Akwa Ibom South ) and Rose Oko (PDP Cross River North ) are for South South zone on the committee, Abdulfatahi Buhari (APC Oyo North) and Biodun Olujimi (PDP Ekiti South ) are for South West geo political zone .

For the North Central geo political zone are Senators Umar Tanko Almakura (APC Nasarawa North) and Yakubu Oseni (APC Kogi Central). 

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