Constitution Review: Setting The Template

A joint session of the National Assembly

Today, the House of Representatives is will take steps aimed at setting agenda for the constitution review process of the 1999 constitution; the step is an inclusive  constituency peoples’ session which holds at the 360 federal constituencies of the country simultaneously. All members of the review committee, representing the 36 states are expected to return to their states and organise a session in the various constituencies that will allow residents or constituents to make inputs into the amendment of the constitution. 

The session will take place at venues to be identified  in each of the federal constituencies. The House’s position is that the session is designed to respond to the demands by Nigerians  for a more participatory, inclusive and transparent approach in the process leading  to  further amendment of the constitution. As the committee on constitution review puts it through one of its members, Hon. Kinsley Chinda,  representing Obio/Akpor federal constituency of Rivers state, “the committee intends to take this initiative to the Nigerian people in their villages, in their communities and in the town halls across the country”.

A panel will be set up by the House to oversee the session. The panel will consist of the member representing the federal constituency, the member representing the state constituency {in the state House of Assembly} and the Chairmen of the councils in the constituency ; the panel will also draw its members from the Labour movement – Nigerian Labour Congress (NLC) and  Trade Union Congress (TUC); Nigerian Bar Association (NBA), the Civil Society, Academic Staff Union of Universities (ASUU), Nigerian Union of Teachers (NUT), Nigeria Union of Journalists (NUJ), Nigeria Youth Council (NYC), National Council of Women Societies (NCWS) and representatives of women organisations.

This panel that will oversee the constitution review process at the grass root is charged with the responasibility of organising the ‘constituency congregation’, after which it will put together the outcome from each constituency and forward it to the member representing the state in the Constitution Review Committee, who in turn will present the consensus document to the committee at its secretariat in the House of Representatives, for consideration. At the secretariat, the submissions from the 360 constituencies will be harmonised and made public to Nigerians – and infact, posted on the committee’s website!

 Hon. Chinda minced no words when he spoke with The Tide last week. Said he:”…if you visit the website of the committee, you will clearly see the opinion and position of your constituency and the opinion and position of other constituencies on the same issues; and that will then inform the committee on what the popular opinion of Nigerians are on issues that we intend to amend in the constitution,” adding,”that’s the method we have planned and we expect that today the entire country will have an opportunity to contribute to the review of the constitution because every body   in his constituency will have an opportunity to contribute to the review of the present-day constitution”.

But what are the likely areas of amendment that the exercise will focus on? Going by the feelings of Nigerians, the memoranda submitted to the National Assembly committees’ on Constitution amendment  and the sum total of views so far expressed across the nation, top on the agenda is the issue of state creation, derivation principle, citizenship, rotational presidency, local government autonomy,  immunity clause, the desirability of the National Youth Service Corps (NYSC), constitutional role for traditional rulers, etc.

At the House of Representatives last week – even before the House adjourned for Sallah break, it was clear that members were largely set for the grassroots exercise as they had drawn up diverse agenda for the session or areas they consider relevant for their people. The Tide was at the House of Representatives for two weeks running, scouting for these specific agenda for the diverse constituencies – which not a few members  kept close to chest. Perhaps, the agenda for Obio/Akpor Federal constituency gives an inkling and insight into what to expect across the nation , today.

For Obio/Akpor federal constituency, Chinda who is  the House Vice Chairman onCustoms and Excicise  and member representing Rivers state on the Constitution Review Committee unveiled his agenda for the November 5 Constituency People’s Session, which though not in any way binding on his constituents,  would serve as a veritable template kick-starting discussions at  the session .

The lawmaker who is credited with the highest number of bills in the House so far, told The Tide :”Clearly in Obio/Akpor Federal Constituency, we would hold ours at the council secretariat, that is at Rumuodomaya – on that day at that meeting – we would also allow persons to make contributions on areas of possible amendments; all I will do is to guide them on the areas I think we should be looking at so I have also penciled down certain areas that we need to look at, at the Local Government level, like Section 8 0f the constitution; – whether we need to amend it to create more states : my people need to contribute. Indeed to get opinion on it: how many more states should be created if we’re looking at amending that Section 8.”

“Chapter 3 of the constitution, dealing with citizenship should be amended to provide for residency to the basics belonging to a state, rather than indigene ship. I will also throw that open to the people of Obio/Akpo. We also want them to look at an issue which I promise in the course of my election; that I will work towards fundamental principles and directives of state policy in Chapter 2 to be justifiable. We’ll also throw it  open , let them reach a decision whether Chapter 2 of the constitution should be elevated and given the same powers as Chapter 4 so that things like education, provision of water, electricity will then be fundamental right of the people of this country”.

Chinda told The Tide,”Aside that, I will also  table before them Section 162, particularly (6) which has to do with Local Government accounts – the state and Local Government joint account. Are we going to allow autonomy of Local Government system in Nigeria? Should Local Government be real 3rd tier of government? Should they be independent? All that we’ll discuss at the Local Government level.

“If you look also at the 2nd schedule, Part 1 – whether we  need to amend some of the items therein – where you have exclusive list; areas that the federal government should be in charge, and the concurrent and residual lists – whether there is need to amend them”, he sald

The erstwhile Rivers state Environment Commissioner and winner of awards on the Environment opined further:

“(We’ll also consider other) issues of interest:  the area of interest, particularly to me, is the Environment sector. You find out that in that list, Environment is silent; do we need to capture  environment? If you seek my suggestion, it should be on the concurrent list so that both states and federal government will come up with laws – depending on the peculiar nature of the environment so that states could go further than the laws provided by the federal government. I give an example : Like in our state (Rivers) which is prone to several environmental hazards – if the standard for conduct of Environment Impact Assessment , where you construct the high-rise building which is three plots and above…

 “In Rivers state, I think that even where you construct one plot that you need to conduct an Environmental Impact Assessment because topography in Rivers state is not the same with what you have in the North so I think that such  peculiar issues should be handled in a peculiar way by the state government. But all that will be left for the people of Obio/Akpor to determine whether I should follow that order or not.

Chinda also told The Tide that his Obio/Akpo “will also look at Section 197, particularly (1b), whether we need to abolish State Independent Electoral Commission (SIEC) or whether it should remain. Also, Section 315, particularly (5a) and (b), whether we need to amend the constitution to remove things like NYSC (National Youth Service Corp),  Land Use Act, Public Complaints Commission (PCC) , Security agencies and all that.”

“ Do we need to allow them to remain in the constitution or do we extract them from the constitution? They can remain as separate statutes so we can have the Land Use Act as a separate statute and not the constitutional provision; we could also have the NYSC law – a separate law, not in the constitution. Do we need to remove them from the constitution or do we allow them? People of Obio/Akpor will also make their opinion known on such issues”, he quipped.

Justus Unye-Awaji, Abuja