Niger Delta
Constitution Review: Delta Advocates True Federalism
Delta State took its turn at the South South Zonal public hearing of the Review of the 1999 Constitution, advocating far reaching amendments in the constitution that would enthrone true and fiscal federalism.
In the state’s 15-page position paper delivered by the Deputy Governor, Professor Amos Utuama, a Senior Advocate of Nigeria, (SAN), it demanded that the conduct of governorship elections should be the preserve of state electoral bodies.
The state also advocated that in the spirit of true federalism, the activities of federal anticorruption agencies should be limited to the federal level while states establish their respective agencies to deal with the issue of conuption.
Also, Delta State stated that states be given full powers to control their resources and pay prescribed taxes to the federal government or in the alternative the derivation principle should be increased from 13 to 50 per cent in line with the tenets of fiscal federalism.
Utuama called for the decentralisation of the police force and also want local government to be delisted as a third arm of government and its creation and existence to be the prerogative of the respective states.
He said, “It is the view of the government and people of Delta State that the 1999 Constitution falls short of the aspirations of the state in many respects by not providing enough autonomy for the government and the people of the state in the control of its natural resources and insufficient legal framework to promote and sustain the socio-economic aspiration of its people and environment.
“It is the view of the people and government of Delta State that the Constitution needs radical review in other to enthrone: true federalism and fiscal federalism.”
The state called for the reduction of the legislative executive list from its present 68 matters to about 32 which deals with matters like currency, defense, external affairs, and citizenship among others with the remaining items devolved to the states.
“The election of a governor should be conducted by the state electoral commission. Similarly, electoral disputes relating to the election of governor should be resolved by the state electoral tribunal making the high court the appellate and final court for determination of the election dispute with respects to the office of governor and membership of state house of assembly.
The government and people of Delta State wish to urge that all obnoxious laws such as the Petroleum Act, 1964, Interpretation Act 1964, and the Land Use Act 1978 … among other enactments that contain expropriatory provisions which vest the resources of the Niger Delta in the Federal Government be prescribed unconstitutional and expunged, including Section 44(3) of the Constitution.
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