The planned public hearings
As officially announced by the Senate President, Ahmad Lawan, in plenary last week, the Deputy President Senate President, Senator Ovie Omo-Agege-led Ad-hoc Committee, will commence public hearings this week in two different centres of the six geo-political zones Wednesday and Thursday (26th and 27th May, 2021), across the country and cap the exercise with national public hearing in Abuja next week. TAIYE ODEWALE writes on some of the issues
Specifically, as explained in a statement issued to that effect Wednesday last week by the Clerk of the Committee, Dr Innocent Mebiri, for the North Central zone, the exercise will take place in Jos and Minna, for the North East Zone, it will hold in Bauchi and Gombe while those for the North – West Zone, will hold in Kaduna and Sokoto respectively.
Others are Owerri and Enugu centres for the South East, Asaba and Port Harcourt centres for the South-South and Lagos and Akure centres for the South-West geo-political zone.
Dr Mebiri added in the statement that the exercise will be rounded off with a national centre in Abuja on Thursday and Friday next week.
Omo-Agege’s comments on the public hearings
Before the roll out of programme on the public hearing, Senator Omo – Agege in his capacity as the Chairman of the Ad-hoc Committee, had penultimate week while having audience with the leadership of Defence and Assistance Project (LEPAD) led by their National Coordinator, Chino Obiagwu (SAN), said all issues raised in the over 200 memoranda submitted to the committee, will be thoroughly looked into, with a view to determining which and which of the amendments being sought by Nigerians would be considered.
“Series of amendments or alterations to some provisions of the 1999 Constitution (as amended), are being sought for by Nigerians as contained in the various memoranda submitted so far.
“The committee will thoroughly look into them, harmonise the views and aggregate of opinions to be gotten from Nigerians at the various public hearings for required recommendations to the Senate in the report to be submitted later and if approved, get concurrence of such resolutions from the House of Representatives and thereafter, send whatever amendments proposals that must have been arrived at, to the various State Houses of Assembly for the required 2/3 support on each of the recommendations, after which the final report will be arrived at by both chambers of the National Assembly and transmitted to the President for assent”, he said.
Amendments being sought in the constitution by Nigerians.
Topmost of such demands, is power devolutions from the centre to constituent units or better put , from the exclusive list being operated upon only by the federal government to the concurrent list operated upon by both the federal and state governments.
Agitators in this direction are concerned groups like the Afenifere Socio-cultural group, Ohanaeze Ndigbo, Middle Belt Congress, Southern Leaders Forum , YIAGA Africa, Coalition of Federalists for Good Governance (CFGG), National Council of Traditional Rulers and even the All Progressives Congress ( APC), going by recommendations of the Governor Nasir El – Rufai led Committee.
The various groups as stated in their various memoranda, argued that Nigeria being a diversified entity, should run a decentralised federation like 24 others in the world and not an over centralised one bequeathed to it by the military in May 1999 via the 1999 constitution.
Specifically, it is their belief that the drafters of the Constitution putting 68 items on the exclusive list and only 30 on the concurrent list, made the federation to be unitary in nature.
While some items on the list like defence, external affairs, census, registration of birth, immigration and emigration etc, are considered by the agitators to be perfectly right in putting them under the exclusive control of the federal government, others like items 11 which dwells on construction and maintenance of Roads categorised as Trunk A, 39, which dwells on Mines and Minerals , 45 , which dwells on Policing and 61 which deals with formation and dissolution of marriages etc, should be added to the 30 items on the concurrent list where both the federal and State governments have constitutional powers over .
Blueprint learnt that some of the memoranda submitted by interests groups such as Middle Belt Congress (MBC), Coalition of Federalists for Good Governance in Nigeria (CFGG), YIAGA Africa etc, in their agitations, seek for constitution amendments along that direction.
Specifically, the CFGG in its memorandum signed by its National Secretary , Aishat Jibrin, requested thus: “In specific terms, we humbly propose to this committee, alteration of relevant provisions of the 1999 Constitution (as amended) in addressing items 2 and 5 of your areas of operations.
“On item 2 which dwells on the federal structure and power devolution, we want mining to be moved from the exclusive list to concurrent list, in paving way for each of the 36 states, to have the constitutional rights of exploring and mining the mineral resources within their domains.
“This to us, will have multiple multiplier effects of stopping illegal mining across the country, enhance the economic fortunes of each of the states and provide the needed jobs for Nigerians at state level.
“Also, federal trunk roads otherwise known as Trunk A roads, except the ones linking Nigeria to another country, should be handed over to affected states territorial wise, as largely obtainable during the first republic when engineering designs cum master plans for construction of such roads, were handled by the federal highways unit of the Federal Ministry of Works.
“This to us, will rescue the federal government from the current self – inflicted suffocation it is facing as regards fixing of the 35,000 kilometres Trunk A roads across the country.
“On item 45 of the exclusive list which dwells on policing. We strongly advocate for removal of policing from the exclusive list to the concurrent list, in paving way for states that have the financial muscle to establish their own police commands.
“Crime largely is local, requiring local solution. Besides, of all federations in the world, it is only Nigeria running a centralised police structure with attendant inefficiency and increasing waves of crimes and criminality across the country.
“The fear of such idea being abused by state governors is a clearly misplaced one because federal Police cum DSS operatives will still be on ground across the country to checkmate that.
“Establishment of State Police as obtainable in other federations of the world, would not only help in pro-actively fighting crime and criminality at the grassroots but also water down the so called ‘federal might ‘ unconstitutionally and undemocratically exhibited by government in power at the centre during general elections and invariably, enhance the credibility of the electoral process.
“Finally, in empowering the states for efficient performance of the afore stated responsibilities, if the proposed constitution alterations are effected; we strongly advocate for review of the revenue sharing formula from the lopsided nature it is, presently to 40% for the federal government, 36% for the 36 states and 24 % for the 774 local government councils as against the 52.68%, 26.72% and 20.60% in operation respectively with attendant avoidable wastages at the centre.
“In fact, in ideal federations and as obtainable in Nigeria between 1954 and 1966, it should be the federating units (states) contributing certain percentages of proceeds made from exploration and exploitation of resources in their domains to the centre and not the national cake sharing formula being practised now”.
Not left out of the amendments being sought from some provisions of the 1999 Constitution are Traditional Rulers across the country who under the aegis of National Council of Traditional Rulers had interface separately with Constitution Review Committees of both the House of Representatives and the Senate for that purpose early this year.
The royal fathers as contained in the 19-page written memorandum submitted by Etsu Nupe, Alhaji Yahaya Abubakar on behalf of the Sultan of Sokoto, Alhaji Muhammadu Saad Abubakar and the Ooni of Ife Oba Adeyeye Eniitan Ogunwusi as Chairman and co-chairman of National Council of Traditional Rulers, respectively, wanted amendments to the 1999 constitution through constitutional establishment of ( i) National Council of Traditional Rulers of Nigeria ( NCTRN) that will be chaired by whoever is the incumbent President of the country and constituted in membership by three foremost traditional rulers from each state of the federation and chairman of the Traditional Council in FCT .(ii) State Council of Traditional Rulers and ( iii), Local Council of Traditional Rulers .
Pointedly, the royal fathers, in their submissions, wanted powers and functions taken away from them by the 1976 Local Government Reform and 1999 Constitution to be restored back to them.
He said: “At independence and even before, precisely during the first republic, both the 1960 and 1963 constitutions, gave traditional rulers substantial roles to play in governance through bicameral legislature at the regional level with the House of Chiefs in place along with parliaments meant for elected representatives.
“But the military interregnum which started with the Aguyi Ironsi regime in January 1966 to that of Yakubu Gowon from July 1966 to July 1975 and that of Obasanjo which carried out the local government reform in 1976, stripped the traditional rulers of constitutional role in governance.
“Unfortunately, before the exclusion of the institution from governance, particularly at the grassroots, insecurity was not a problem for the country as well as religious and communal clashes being experienced in different parts of the country today.
“No community or nation can thrive successfully without due consideration of its historical evolution, which was not considered by any of the provisions of the 1999 constitution.
“Even the ceremonial function given the institution by the 1979 constitution with inclusion of Chairmen of Council of traditional rulers from each of the 19 states then, as members of National Council of States, was removed by the 1999 constitution.
“Traditional institution aside been the only platform of societal administration before the advent of colonialism, was also the veritable platform heavily relied upon by the colonialists during the era of colonialism, which made the Institution to be factored into the form of governance bequeathed to us in 1960 at independence”.
Another burning issue expected to be addressed at the on going constitution review exercise, is possible autonomy for local government councils as being demanded for by workers at that level but kicked against by most of the state governors.
The agitation and other ones as declared by a prominent member of the committee in the Senate who doubles as Senate Leader, Senator Yahaya Abdullahi (APC Kebbi North) , after their meeting few weeks back, will be decided upon by aggregate of views on them by the entire members of the committee, approval in both the Senate and the House of Representatives and of course, two third of such approvals from the 36 States Houses of Assembly.
Assurances from the Ad – hoc Committee
Confirming the enormity of requests for power Devolutions in most of the Memoranda already received, the Chairman of the Senate’s Ad- hoc committee on Constitution Review, Senator Ovie Omo-Agege declared a couple of weeks ago that most of the requests are along that direction.
Specifically, Omo-Agege who made the declaration while featuring in a current affairs programme on one of the National Television, anchored by Sam Omatseye, noted that all the 36 governors are unanimous that more powers be moved from the Exclusive to Concurrent Legislative List.
“I don’t know of any governor in this country today who doesn’t subscribe to the idea that the content of the Exclusive Legislative List is not too cumbersome and there is need for some shedding of weight by the federal government. I am sure practically all governors will subscribe to that so we can have some of these powers devolve to the states,” he said.
Exercise as periodic rituals
But in a chat with Blueprint in Abuja on Sunday, a practising lawyer, Barrister Gaius Osabomwen, said the exercise as earlier described by the Spokesperson of the Northern Elders Forum, Mr Hakeem Baba Ahmed, is periodic ritual that will not end up with any major amendments of the constitution.
“Since the 5th National Assembly between 2003 and 2007 when the exercise started at both chambers till the last one done in the 8th Assembly, no concrete amendments have been made to the Constitution.
“Nigeria despite the so called constitution amendments by the different sessions of the National Assembly over the years , still largely remains a unitary state in practice and federation on paper.
“If seriousness is to be attached to the ongoing exercise, the report of the 2014 National Confab should be taken into consideration, since solutions to most of the problems bedevilling the country now, are contained there”, he said.
Whether the ongoing exercise will end up with cosmetic amendments like the previous ones, or substantial amendments anchored on devolution of powers from the over burdened centre to the federating units (the 36 states) , time will definitely tell.