After dispensing with 2022 Electoral Bill with the required amendments on areas of concern raised by President Muhammadu Buhari, the next legislative focus for both chambers of the National Assembly is consideration of reports on Constitution review. TAIYE ODEWALE reports
History of Constitution Review
Since the 5th National Assembly which sat from June 2003 to June 2007, each session of successive Assemblies to the present one, have always embarked on the exercise for review or amendments of some provisions of the 1999 Constitution, perceived to make the Nigerian brand of federalism unitary in nature.
Some of such provisions are policing which is in the exclusive list as against concurrent list to pave way for establishment of State Police and invariably, decentralizing the nation’s security architecture as obtainable in most federations of the world, such as that of the United States of America (USA), Federal Republic of Canada, India etc.
Some of the other perceived absurdities in the 1999 Constitution are exploration and exploitation of mineral resources, also in the exclusive list to carry out across the country with attendant problem of illegal mining across most of the states.
However, as apparent as the absurdities are in the 1999 Constitution, the National Assembly, from the 5th to 8th, did not succeed in addressing them through Constitution review which gulps N1billion per session.
9th NASS failed attempt
Though reports on the exercise presently being carried out by the 9th National Assembly, are yet to be laid for consideration and passage in any of the two chambers but feelers emanating from the Ad-hoc committees separately headed by the Deputy President of the Senate, Ovie Omo-Agege and Deputy Speaker of the House of Representatives, Hon Ahmed Idris Wase, are indicating cosmetic review as it has been over the years instead of substantial review in anyway.
For example, penultimate week when the Ad-hoc Committee of the House sat, the issue of State Police was kicked against by most of the members, which if at the end of the day succeeds, would make Nigeria’s security architecture to remain over centralized with attendant failure in addressing myriads of security challenges facing the nation.
President Buhari’s body language on State Police
Perhaps, the cold feet being developed by both committees on the issue of State Police arose from declaration made against it by President Muhammadu Buhari in January this year during media chat with the Channels Television.
President Buhari at the media chat said the constitutional role for traditional rulers will be better than creation of State Police, which according to him, may be abused by some governors and may even be underfunded.
Sign of toeing the President’s line of thought
Little wonder that three days ago in Ilorin, the capital of Kwara state, the President of the Senate, Ahmad Lawan, declared at the Palace of the Emir of Ilorin that constitutional roles were being worked out for traditional rulers as far as the issue of security challenges at the grassroots were concerned.
He said: “We believe, in the ninth National Assembly, that our Royal Fathers must have a role and a better and clearly official role and function in our constitution so that we are able to have an all inclusive governance structure that will ensure that our Royal Fathers do what they are doing today in a more official manner.
“In the northern part of the country, particularly, and across the country generally, the traditional institutions play a very key and significant role in stabilising our communities and our societies.
“We believe that these roles must be reflected and properly captured in the Constitution of the Federal Republic of Nigeria.
“Thank God that we are now working on the review of our constitution. By the Grace of God the National Assembly will finish its role of leading in the review of constitution by the end of this month and send it to the states.
“The traditional institutions have always been there and they are there longer than political institutions…. We face security issues; insecurity is pervasive.
“Thank God, the federal government is not stopping at anything to restore normalcy. But the federal government and indeed all our security agencies across all the tiers of government cannot achieve the kind of desired outcome without citizens’ participation and we believe that to mobilise the citizens, we need our traditional institutions.
“That is where official participation of traditional institutions in governance is very important and central. We are going to push for that by the Grace of God. We want to see it reflected this time around and by the time this is achieved, our traditional Institutions will now perform even better the functions they are already performing”.
Admonition from the Emir
But as juicy as the planned offer constitutional roles for traditional rulers are concerned, the Emir of Ilorin, His Royal Highness, Alhaji Ibrahim Sulu – Gambari told the Senate President and by extension, the National Assembly to be cautious on the role being planned for them.
He said: “the constitutional role traditional rulers are seeking for in governance is advisory and not in any way aimed at usurping the functions of any of the three arms of government at both the federal and state levels.
“Council of traditional rulers in Nigeria has no intention to compete with any institution as far as governance is concerned.
“We are not asking for a legislative or judicial roles but just an advisory functions.
“What we ask for is advisory participation in governance. We are saying that there should be a Council of traditional rulers who could be sought to give advice and to take part in bringing sanity to the governance of this country”.
Even submissions made at the two day retreat the committees had at the Transcorp Hilton on Friday and Saturday in Abuja, did not in any way indicate substantial review of the Constitution.
Specifically, Omo – Agege in his remarks at the retreat said: “I am aware that we have independently reviewed the consultants’ reports and recommendations by way of re-couching, making additional provisions, rejecting, and even introducing entirely new bills on account of various advocacies and agitations on some issues of overriding national concern.
“I believe that some of us will be seeing some of the Bills the first time. As such, it is incumbent on us to painstakingly consider them clause by clause. Let me reiterate, it will not be an easy task.
“We have two working days in this retreat and I wish to encourage each and every one of us to give the work all the attention it deserves, especially as we have limited time to present the report and transmit to the State Houses of Assembly in line with our revised timeline and programme of activities of the National Assembly this year. I am sure we are committed to concluding this phase of the work within the timeline.
“As we critically consider the bills in the working document before us in which the secretariat has provided both the Senate and the House versions, let our debate, opinions and decisions on the amendments be harmonized .
Whatever harmonised report that will be submitted separately by Committees at both chambers before the end of the month, the signals are that it would be more of cosmetic review than anything substantial.
