Can Anything Positive Come Out Of Ongoing Constitutional Review?
LAGOS  Few weeks ago, the Senate announced the suspension of plenary for one week, to enable its members participate in zonal public hearing on constitution review that was held across the country. Senate President, Ahmad Lawan, while making the announcement at plenary, said the exercise would be held at 12 centres in the geo-political zones on May 26 and 27, 2001. He urged Nigerians to participate fully in the exercise, assuring Nigerians that the National Assembly has no preconceived agenda and would be open to suggestions on how to move the country forward. This is a very important exercise for our country. I appeal to all Nigerians who have one issue or the other that they think the constitution review committee of the Senate should know and address, to go to the centre nearest to them. We are plain, we dont have any preconceived or predetermined position on anything. The myriad of issues that Nigerians want to be addressed to make the country better, to make citizens secure and enhance the welfare of our people must be brought for consideration. State Police, Devolution Of Powers At Forefront  When the public eventually commenced, a lot of propositions came up from participants, which include devolution of powers, state police, resource control, creation of more states, restructuring, fiscal federalism, among other requests. At the opening of the hearing held in Lagos State, the Speaker of the House of Representatives, Hon. Femi Gbajabiamila, made a fundamental statement on the place of constitutional framework in a democracy. He said a nations constitution is the foundation of its existence. It is supposed to set the terms of our nationhood and define who we are in a manner that reflects both our common truths and highest aspirations. The general belief among Nigerians is that our constitution falls short of this standard because the 1999 Constitution is the product of a hurried national compromise that we entered into two decades ago in order to ensure that the military returned to the barracks. The consensus in most political circles is that Nigeria needs a near perfect constitution that significantly alters the character of our nation; a constitution that resolves the issues of identity and political structure, of human rights and the administration of government, as well as resource control, national security, all of which tend to hinder national progress and prosperity, Gbajabiamila added. However, while the Ondo State Governor, Mr. Rotimi Akeredolu, advocated a return to the 1963 Constitution, his counterpart in Delta State, Senator Ifeanyi Okowa, called for a new constitution and not an amendment of the 1999 document. Lagos State Governor, Mr. Babajide Sanwo-Olu, canvassed a special status for the state, which hitherto hosted the nations capital. The Nigeria Labour Congress (NLC) also submitted a 72-page document, seeking the retention of the minimum wage, among other demands, while local government workers under the aegis of the Nigeria Union of Local Government Employees (NULGE) asked the lawmakers to make local governments autonomous. Under the exercise, each of the six geo-political zones was assigned two venues each to enable groups and individuals to present their demands. The venues are Enugu and Owerri for the South-east; Lagos and Akure for South-west, Kaduna and Sokoto for North-west, Bauchi and Gombe for North-east, Port Harcourt and Asaba for South-south, and Jos and Minna for the North-central. Ayuba Wabba, the NLC president, while making his presentation on behalf of the congress, referred to a House bill seeking to move minimum wage from exclusive list to concurrent list  a move he described as preposterous. Wabba, who said it was condemnable to even consider the idea, let alone implement it, pointed out that, There have been recommendations to remove labour and the minimum wage from the exclusive list to the concurrent list, it will be condemnable to even contemplate taking that step. Labour and minimum wage shall continue to be on the exclusive list.  Besides autonomy, he also asked that immunity be taken away from political office holders to allow for prosecution on criminal cases. On her part, a former presidential candidate, Oby Ezekwesili, said the current constitution, which has been altered four times, is outdated. To this regard, she asked that the National assembly only accept referendums for a new constitution to be made. Major socio-political issues that need to be solved are effective management of Nigerias diversity based on the principles of justice, equity, inclusion and equal opportunities. Nigerias failure to solve productivity and poor competitiveness problems means that she cannot maximise our human resources to create inclusive growth and prosperity. The current 1999 constitution is outdated. For Fix Politics (a group she represents), we ask that you allow a single amendment for referendum for a deliberation on a new constitution for the country, she said. In Lagos, the participants called for restructuring of the federation to reflect true federalism, saying only such a move would engender unity, progress and the prosperity of the country. In his presentation, Sanwo-Olu said: For us in Lagos State, the issues of state police and fiscal federalism are at the top of the priority list for us, in this ongoing review process. Equally fundamental, particularly for us in Lagos State, is the issue of a special economic status for Lagos, considering our place in the national economy and the special burdens we bear by virtue of our large population and limited landmass. I believe the need for this special status has been sufficiently articulated and justified. It suffices for me at this point to restate that this request is by no means a selfish one, but one that is actually in the interest of every Nigerian and of Nigeria as a nation. The progress and prosperity of Nigeria are inextricably linked to the progress and prosperity of Lagos State. A special status for Lagos State, therefore, must be a concern not only for the people of Lagos State alone but for all Nigerians.  Tax (VAT) Act be repealed by the National Assembly because it prevents states from utilising the Sales Act to generate revenue and this has caused confusion and a lot of court cases. We also propose that appointment and promotion of judges should lie with the Judicial Service Commission (JSC) of states and not the National Judicial Council (NJC), he added. Fiscal federalism, devolution of powers to federating units, electoral reforms and state police also dominated presentations at the zonal hearing in Akure, the Ondo State capital, where submissions were received from Ondo, Ekiti and Osun States. Akeredolu set the ball rolling as he backed the call for the country to return to the 1963 Constitution, which gave powers to the regions to develop at their own pace. The governor said the 1963 Constitution, which reflected the republican status of the country, remained the best document for a country as heterogeneous as Nigeria. He stated that the powers of the federal government at the present must be trimmed as it was the major source of friction in the country, just as he warned that the current attempt at constitution amendment should be taken beyond the usual jamboree conceived and executed to arrive at a predetermined result. The current exercise, therefore, must not toe the path of the previous attempts at tokenism. The basic law of any country must not be reduced to frivolities reflecting preferred whimsies, he added. Presenting the position of Ekiti State, the Deputy Speaker, Hon. Akeem Jamiu, like Akeredolu, said the new constitution should allow only five political parties, allow independent candidate e-voting and diaspora voting. He advocated a new revenue formula, which should be in favour of state and local governments. Jamiu also said states should be allowed to collect VAT and remit only five per cent to the federal government. He also said that there should be state police. The Governor of Kogi State, Yahaya Bello, on his part, recommended that 20 per cent of the revenue be given to states where solid minerals are mined, up from the current 13 per cent. Bello, at the North Central Zonal public hearing, said 13 per cent is not commensurate with the effects of mining activities in the state. 13 per cent derivatives is not commensurate with degradation and other effects of mining in host communities. I recommend 20 per cent equity share for states on solid mineral mining, he said. Makinde, Afe Babalola, Bode George React  Reacting to the exercise, Governor Seyi Makinde of Oyo state described the exercise as a complete waste of time, saying nothing will come out of it. Speaking in an interview with Daily Independent, the governor said the National Assembly headed by Senate President, Ahmad Lawan budgets money annually for the constitution review exercise, adding that what they are doing now is to spend the budgeted money. Speaking further, the governor wondered why the National Assembly and the ruling All Progressives Congress (APC) have refused to implement the report of the 2014 National conference which was convened by former President Goodluck Jonathan. He said The ongoing constitution review is a complete waste of time. When they even took people to Abuja, they stayed there and they produced a document. Former President Goodluck Jonathan didnt sign it because he thought he was going to come back and wanted to sign it after coming back. That document has been on their table since 2015, what have they done with it?  Yes, every year they vote money for the review of the constitution and the National Assembly they have to spend that money. That is the exercise going on now. If anything comes out of it, that may be my end in politics . Makindes views was also shared by legal icon Chief Afe Babalola, who described the exercise as a mere wasting of time and dissipation of energy.He argued that the truth has always been that there was no way the National Assembly could amend the 1999 constitution to cure the inherent defects, if the fraud in the system is not first got rid of. Instead of constitutional review, Babalola, said the National Assembly could have called for a National Conference where issues bedeviling the nation can be identified, discussed and resolved through a roundtable. Against the background of the massive demand by Nigerians, home and abroad, for a true federal constitution made by the people and for the people, the National Assembly is calling for public hearings in the countrys six geo-political zones for peoples inputs on any issue of interest to enable the National Assembly to amend the 1999 constitution. It is common knowledge that the 1999 Constitution was made by the military, which in its wisdom claimed that it was made by the people. Secondly, it is impossible, by way of amendment, to take away the military system of government under the 1999 Constitution or the power and control of public funds by the President. The root cause of our problems, which have brought Nigeria to the brink of extinction, is the 1999 Constitution foisted on it by the military when it was exiting the reign of governance in 1999. The fact remains that you cannot amend a Coconut tree, which has no branches to become an Iroko tree which has branches. It is a well-known fact that everything about the 1999 constitution is wound round the presidential system of government. Alternatively, since amendment in law includes substitution for an existing document, why is it that the National Assembly cannot call for a public hearing on the substitution of the 1999 constitution for the 1963 constitution which was made with the consent of the people?. The proposed amendment to the 1999 constitution, whichever way you look at it, is a futile exercise. We all know that previous sessions of National Assembly had made laws to convene National Conference. I therefore advise that the current National Assembly should call for a National Conference to discuss and make a new true federal constitution which will provide for a Parliamentary system of government. Also speaking, a former Deputy National Chairman of the Peoples Democratic Party (PDP), Chief Olabode George, described the ongoing constitutional review by the National Assembly as a charade, saying nothing will come out of it. In an open letter to Senate President, Ahmad Lawan, George said the unanimous position of the Nigerian people is the total overhaul of the present constitution, adding, Nothing else will do.  According to him, a genuine remedy would be to revisit the report of the 2014 Constitutional Conference which he noted has been generally applauded for the sweeping breadth of its equity and democratic balance in rectifying the prejudicial and unworkable structures that are on the ground now.  George also faulted the process of the ongoing constitution review, especially the public hearing held last week, noting that many people were deliberately denied the openness of democratic contributions.  He said, The hearing was stage-managed, anchored in prejudice, framed in puppeteering identification. Alternative views were cast aside, flung into the pits. This is not right. This is not just. It is obvious that the Committee is not interested in true and thorough representation of the will of the Nigerian people. It appears to be working with a script towards a predetermined end. The contributions were narrow, overtly partisan, one-sided, lacking in plural contributory logic. This is not acceptable to the Nigerian people. The structure of the present constitution is so biased, so flawed and so mangled with inequities that a mere review will not be sufficient to correct all the glaring wrongs afflicting the Nigerian state.  The PDP leader said as a believer in the unity of the Nigerian state, he stated that the nation can emerge stronger and better only when all the component units that make up our nation have a sense of belongingness and general accommodation regardless of tribe or sectarian belief, when everyone is treated equally without ethnic bias, when merit is the sole determinant of public positions.  This can only be achieved with a peoples constitution. This is indeed what we should work for rather than the charade and the present jamboree that is chaired by Senator Ovie Omo  Agege. Enough of this false and misleading engagement. Lets renew our nation through the pursuit of the truth and the resolve on the fairness doctrine. Their-in resides the national salvation, he added.