Constitution Review: Setting Agenda For Obio/Akpor

Call it grassroot participation in constitution review and you’ll not be mistaken! The on-going effort by the House of Representatives to enlist Nigerians at the grassroots in the process leading to the review of the 1979 constitution, many view as commendable! For one, it’s not only constitutional but timely as it’s designed to provide the veritable  template for the emergence of a veracious Nigerian people’s constitution – which is opposed  to the present highly-criticized and indeed traumatized document churned out by a section of the polity – the military, through the moribund constitution review committee that sat only at the nation’s capital, without input by the masses!

Unlike the military-induced constitution review committee, the House of Representatives’  appears resolute to approach the subject of Constitution review holistically through its Committee on Constitution Review. And from all indication, it is making progress in this direction.

It’s task of meeting face to face with the people through what it tagged, “Constituency Peoples’ Session”, slated to hold simultaneously in  the 360 federal constituencies nation-wide  on Monday, 5th November, many believe, is a sure-way of producing a peoples’ constitution or a constitution that could be seen to truly reflect the wishes and aspirations of the people under a democratic setting, thus giving a clean break with the past or creating real dichotomy in governance between the military era and today’s democratic dispensation.

Former Rivers state Commissioner for Environment and Vice Chairman of the House  committee on Customs and Excise, Hon. Kingsley Chinda who is also the member representing the state in the Constitution Review Committee puts this in proper perspective when he spoke with The Tide last week : “The constitution review committee of the House of Representatives is progressing with  its assignment to look at the constitution holistically in a way that I believe, will come up with a constitution that will be said to be truly made by the people of Nigeria.

Chinda posited that “One of the basic criticisms of the present constitution is that the preamble to the present constitution is deceptive – where it says :’We, the people of Nigeria agree to set aside these laws to ourselves’. The criticism is that it’s a military document; it didn’t originate from the people as it relates to the content of the preamble so we have decided that we have to give the people of this country an opportunity to make an input into the document –the constitution that is made by the people and for the people”.

He proceeded to let The Tide into his agenda for his Obio/Akpor Federal Constituency for the November 5 ‘‘Constituency Peoples’ Session,” which is however not binding on his people but would nonetheless, expectedly form an integral part of his people’s final position.

Said he:” …I penciled down Section 2 (a) and (b) to be amended – whether  the immunity  provision, the immunity clause, which the president, vice president, the governors and deputy governors enjoy presently – should it cover civil matters or do we limit it to criminal matters (only) .

“There are several areas I penciled down. I penciled down Section 214 (b) whether we have to establish state police – which we’ve just discussed (with The Tide) and in my opinion that issue is known; however the opinion we will take will be the majority opinion of the people of Obio/Akpor if it runs contrary to my personal opinion. I speak for the people, I don’t speak for myself so whatever decision we take, I’ll have to champion that position – as the position of the people of Obio/Akpor.

“There are other areas I’ve also penciled down : Should the (rotation of the presidency) be inserted in the constitution to make the office of the president rotate among the six geo-political zones or not? Do we  need to bring this into the constitution or we allow that aspect the way it is now? Should a provision be inserted in the office of the president between North and South? All these issues we’re going to discuss and agree. Should the office of the president be filled purely on merit, regardless of where you come from – whether the North, the South; whatever zone? Which way forward? What method do you think will bring lasting peace in this country?

He continued “ I also consider Section 135 – whether it should be amended to create a single tenure of five years, six years or seven years for the office of the president or do you allow the present form of four years, with eight years maximum period? Should the  two-term tenure  for the Office of the President be retained? Should a provision be inserted to make the Office of the Governor of a state rotational among the three senatorial districts in a state? If we’re considering at the federal, we also need to consider at the state level. These are some of the areas I’ve already penciled down.

Should Section180 be amended to create five years a term for governor as well as for president?

The member representing Rivers State in the House of Representatives’ Committee on  Consitution Review  continued :”Now, the other issue I penciled down is: Our brothers in diaspora, should they be given voting right? Should we conduct election outside the shores of this country? The way things are today, should it be part of the constitution? Then, certain percentage of elective offices, should they be included in the constitution?

‘We’ve been talking about women liberation, should we bring them into the constitution or should we leave that out of the constitution? Should there be specific provision in the constitution to take care of interest of persons with disability? Do we need to make it constitutional to protect their interest and ensure that they are constitutionally protected to enable them have a right to mitigate where there is an act that is contrary to that provision.

“Do we support reforms of the judiciary as proposed by the Chief Justice of Nigeria? A copy of which I’ll also avail the people. What about Section 47? Should it be amended to provide for a unicameral legislature? Or do we allow what we’re practicing now? Section 4 and 5, should we amend them to provide for parliamentary system instead of presidential system of government? We are amending the constitution so we need to  look at the fundamentals of the constitution .

He quipped, “Some people say that the present system is very expensive, we have an opportunity to make an input now, to know whether we should continue with this very expensive method as some people are criticizing and saying or do we now look at the parliamentary system or can we come up with a purely Nigerian system so long as it will serve the purpose?

Hon. Chinda said: “As far as I’m concerned, for the system of government, let good contend – whatever is best administered is best for the place. Nigeria’s practice of  fiscal federalism by allowing states to control up to 50 percent of their natural resources’ derivation (and) pay the remainder to the federal government as royalty. These issues I will table before my people for them to look at them and deliberate them, and come up with a position that I will present to the committee on constitution review”

At a time that Nigerians are yearning for diversification of the country’s monolithic economy, especially to agriculture, one wonders why agriculture didn’t occupy a pride of place in Chinda’s agenda for his people, come November 5, in particular provision of incentives as a way of attracting the country’s teeming jobless youth to the sector and The Tide asked Chinda why. His answer came in so handy. Hear him: “Well, provision of incentives for agriculture , if the people think it should be a constitutional issue, we’ll discuss it but I didn’t look at policies; I think that is more of policy. Government should come up with policy that will encourage agriculture  which  ever way.

He added: “ Like I have said , this is my own effort that I have put down and I expect that when the committee is set up to manage the session – the committee will come up with other areas that we think we should table before the people to support; outside what we brought before them, they could also support and we’ll look at such areas for possible amendment as long as that is what will make the country move forward”.

Justus Unye-Awaji, Abuja