Politics
Constitutional Review: Matters Unresolved
Former American President, John F. Kennedy once said “A nation that is afraid to let its people judge the truth and falsehood in an open market is a nation that is afraid of its people.” This, on the surface, seems to have guided proponents of the on-going review of Nigeria’s 1999 constitution.
The decision of the House of Representatives to take the review to the 360 Federal Constituencies in the country has thus been viewed in various fora as the only means through which a truly representative constitution can be achieved.
To engender public confidence in the current review exercise and probably win the hearts of the advocates of national conference, President Goodluck Jonathan has continued to promise the sincerity of his administration in bequeathing a popular constitution to Nigerians.
The President’s stance is an apparent sequel to the general public disappointments that trailed similar exercises in the past. He had unequivocally stated recently at the 80th anniversary lecture in honour of former Vice President, Dr Alex Ekwueme that he has “no personal opinion on how Nigeria will be restructured, but will abide by what Nigerians want”.
However, what Nigerians want and what they are genuinely willing to accept as regards the content of the proposed reviewed constitution are dependent on several factors. Such factors are most times guided more by personal or group interest on given issues than interest based solely on nationhood.
The concomitant effect is the ripples of opinions across the country after penultimate weekend’s Peoples’ Public Sessions on the review of the 1999 constitution in the 360 Federal Constituencies in Nigeria.
In the build up to the ongoing review, the Justice Alfa Belgore committee had recommended the removal of Sections 308 of the constitution that provides for immunity against civil or criminal proceedings against the office of the President or Governors.
It stirred widespread controversy, with the major beneficiaries under the provision, especially Governors, kicking against the move. But the opposition party, All Nigeria Peoples Party [ANPP] challenged the governors, arguing that the provision has been subject to gross abuse by public officials.
National Publicity Secretary of the ANPP, Emma Eneukwu, unequivocally declared, “Removal of immunity clause means that you are giving the people power to take some legal actions against whoever contravened the law. When you say that some people are immune from certain things they do, it means that the law is no longer sacred.”
For former Secretary General of the Commonwealth, Chief Emeka Anyaoku, the present system of federalism as practiced by Nigeria is a major obstacle to national development.
“My view of the country’s chances of realising its rightfully desired development and objectives would be greatly enhanced if the country adopts major restructuring of its present governance architecture”, he said.
Anyaoku premised his opinion on the belief that the country’s persistent huge recurrent expenditure which stands at 74 per cent of the budget, is to the detriment of capital expenditure.
Some notable groups and well-placed individuals have also aired their views on either the review, or its process. Such groups include the mainstream pan-Yoruba organisation, Afenifere, as well as legal luminaries like Professor Itse Sagay, Professor Akin Oyebode and renowned philanthropist, Chief Afe Babalola (SAN) and constitutional lawyer, Professor Ben Nwabueze (SAN), all of them have strong reservations on the ongoing process.
They expressed the belief that there is no alternative to the convening of a national Conference, where representatives of the about 400 ethnic groups in the country can agree on the terms of their co-existence as a federation.
For instance, Chief Babalola said, “I believe that Nigerians should have the ultimate say as to whether a Sovereign National Conference is necessary or not. It is only by the means of a referendum that a proper determination can be made as to whether proponents of the idea are in the majority.”
A former military governor of the defunct North Western State, Usman Faruk, on his part, urged legislators from the northern part of the country to challenge the issue of offshore and onshore dichotomy.
Faruk stated this in Gombe during the joint public hearing organised by legislators from the six Federal Constituencies in the state on the review of the 1999 constitution..
Faruk, as the chairman of the Gombe State Central Working Committee set up by the state government on the review of the constitution noted that the issue of offshore and onshore dichotomy was not mentioned in the 43-questionnaire template.
He underscored the need to talk about the issue, challenging the legislators to table the issue during their session as the people’s representatives.
“In the entire world, no country is doing that; if we agree, it will be more dangerous for us and the coming generation, more than the security threat we are facing now.”
“For the betterment of our country and future generation, something needs to be done or we become slaves in our dear country,’’ he said.
One region that had been at the fore-front of the constitution review since its inception is the Niger Delta. In the view of the region, as presented by Oronto Douglas in one of such numerous calls to review the 1999 constitution, the Niger Delta observed that the 1999 constitution as amended “is insensitive, fraudulent and antagonistic to the aspirations of the Niger Delta people for self-determination and sustainable development.
“For the bulk of Nigeria, it also failed the requirement of plural democracy, true federalism and fiscal federalism. For instance, out of over 100 articles, 68 are devoted to exclusive federal list and only 30 to the concurrent, with no provision for a residual list, which could be legislated upon exclusively by the States and Local Governments. The 30 articles of the concurrent list according to the document could always be countermanded by federal superiority should there be conflict.
“The document is not only unitary, but military and lacks any form of merit even if amended.”
“The conference rejected the review of the constitution based on panels or questionable assemblies and that only a Sovereign National Conference is acceptable to the Niger Delta peoples, and
“That the document is insensitive in content and in style to gender issues”.
From the spirit to the body of the constitution, the Niger Deltans noted that “reviewer after reviewer, conference after conference and movement after movement have succeeded in identifying key issues that may have contributed in making the 1999 constitution the most antagonistic, repugnant and unjust document working against our present and future aspirations as a people”.
This is why, from all indications, the only aspect of agreement that cuts across all barriers and consideration is the need for a review of the constitution. The extent of review as it affects who and where, what group, etc had always been the cause of serious debates that had unnecessarily prolonged the review.
Nigeria is clearly a federal environment with three major ethnic groups, each with over an estimated 30 million people, populations that are singly more than half of some countries of the world, and 250 other smaller ethnic groups. All bunched together. Yet, the country, though not the most complex in the world, is almost run from a central source. This is widely believed to be the nation’s undoing.
In theory and practice, the 1999 Constitution conceives Nigerian federalism as almost unitary. The military mentality that Nigeria can only be kept together by force is what may have made those who guided the nation at critical moments to break away from federal principles what were already preponderant at independence.
The Federal List, which is exclusive to the Federal Government legislation, contains up to 64 items. While the Concurrent List where states could legislate along with the Federal Government contains only 12 items. Even at that, the federal government can also override the state legislation on any of the 12 items and declare state legislation inconsistent, with its own superseding. What this means is that since nothing is actually left for the states, the 1999 constitution is more of unitary than federal.
The governments of Argentina, Australia, Brazil, India and Mexico, among others, are also organized along federalist principles but none of them is unitary as Nigeria.
What the National Assembly should, therefore, do is to start in delivering or restoring enough federal features to the Nigerian practice by making room for the dilution of the centre so as to allow the states to play a greater role in determining their future happiness and development.
Beyond this, the operators of the system, those who execute it should also carry out their functions in accordance with no other consideration than the constitution, which must truly be supreme.
In the words of the governor of Sokoto State, Alhaji Aliyu Wamakko, “Our constitution is not the problem. I don’t feel that our problem is the constitution. Our problem is our attitude; our weakness is lack of political will to implement the provisions in the constitution.”
Politics
INEC Sets Rivers South-East Senatorial By-Election For June 20
The Rivers contest is expected to draw heightened attention in the oil-rich state, as political actors position for influence in a district long regarded as strategic to the balance of power in Rivers State.
INEC disclosed that the by-elections will hold concurrently with the Ekiti State governorship election, underscoring what promises to be a politically charged day across several parts of the country.
Beyond Rivers, the electoral body listed other affected constituencies to include Nasarawa North Senatorial District, Dawakin Kudu/Warawa Federal Constituency in Kano State, Ondo South Senatorial District, and Enugu North Senatorial District.
The vacancies, according to INEC, arose from a combination of deaths, resignation, and other constitutional developments. In Nasarawa, the demise of Senator Godiya Akwashika has left a gap in a district considered a stronghold of the All Progressives Congress (APC). In Enugu, the passing of Senator Okey Ezea has set the stage for a competitive race in the South-East.
Similarly, the Ondo South seat became vacant following the resignation of Senator Jimoh Ibrahim, who now serves as Nigeria’s Permanent Representative to the United Nations, while the Dawakin Kudu/Warawa seat in Kano opened up after the death of Hon. Muhammad Danjuma Hassan.
Analysts say the Rivers South-East by-election, in particular, could reshape political alignments in the state, as parties jostle to fill the void left by Sen. Mpigi and consolidate their foothold ahead of future electoral contests.
Politics
2027: Bayelsa Senator Gets Critical Endorsement For Second Term
Stakeholder from Bayelsa East Senatorial District, on Monday, endorsed the incumbent Senator representing them to run for a second term.
Leading the stakeholders, the former Commissioner for Culture and Tourism and Special Adviser to Governor Douye Diri on Political Affairs (iii), Dr Iti Orugbani, said the reason for the endorsement was based on the federal lawmaker’s trajectory of good deeds and massive execution of projects across communities of the Senatorial district.
Dr Orugbani highlighted some of the projects to include landing jetties, telecommunication masts and town halls amongst others, noting that Sen. Agadaga’s performance has exceeded those of others who hitherto represented the oil rich area.
Bayelsa East Senatorial District comprises Ogbia, Brass and Nembe Local Government Areas of the State.
The Governor’s aide who called on the State’s Eastern political enclave to respect the 2022 new zoning agreement, which guaranteed second term for Senators from the District, stressed the need for political tolerance and peace in the forthcoming 2027 polls.
“In 2022 the leaders and stakeholders across party lines from Bayelsa East held a meeting and altered the old single term for Senators from the district’s agreement and signed that begining from 2023 any Senator emerging from the district must serve for a minimum of two terms.
“In 2023, Senator Biobarakuma Degi-Eremienyo, then an incumbent Senator representing the Senatorial district under the platform of the All Progressives Congress (APC) was given a second term ticket by the party. Though he lost to the PDP.
“Now that the entire state is now APC and the District has an APC Senator in the person of Benson Agadaga from Ogbia LGA, why not also give him a second tenure?
“The stakeholders in 2022 changed the old political agreement because they saw that it wasn’t beneficial to the district any longer. And so, because it was Ogbia Local Government Area that started the old zoning arrangement by producing the first Senator in 1999, I want to plead that let Ogbia also begin the new two terms zoning agreement”, he said.
Also speaking, the duo of woman leader of a support group, ‘Agadema Women’, Mrs. Owadaba Jokori and the Information Officer of the Ijaw Youths Council (IYC), Central Zone, Comrade Ikio, stated that the incumbent Senator has done well for the district in the past three years that he has been in office.
They lauded the federal lawmaker for his infrastructure projects, especially the construction of landing jetties in select communities of the three local government areas of the district, commending stakeholders for supporting the lawmaker in his second term bid.
In his remarks, Senator Agadaga thanked the stakeholders for the confidence reposed in him and the endorsements he has received lately from constituents and admirers across political parties.
The lawmaker noted that within the past three years that he has been Senator, he has delivered dividends of democracy to his constituents across the Senatorial District, emphasizing that the call for him to be senator from the Brass Senatorial District came to him as a surprise, noting that he accepted the clarion call when the clamour became so loud.
“I was Chief of Staff to the State Governor, Senator Douye Diri, when various groups from the zone came calling on me to contest the 2023 Senatorial polls.
“Ever since winning the elections as a senator, I’ve continued to deliver on my mandate in both representation, lawmaking, oversight, project execution and support for constituents when called upon. And I shall continue to do more if elected for a second term”, the Senator said.
By Ariwera Ibibo-Howells, Yenagoa
Politics
2027: Court Sets Deadline For Suit Seeking To Disqualify Jonathan
Justice Peter Lifu of the Federal High Court in Abuja has set May 15 as deadline for definite hearing in a suit filed by a lawyer, Johnmary Jideobi, seeking to stop former President Goodluck Jonathan from contesting the 2027 presidential election.
The judge on Monday shifted the hearing date following the absence of the plaintiff, Mr Jideobi, and his lawyer in court without any information.
Apart from the absence of the plaintiff, who is a legal practitioner, the Independent National Electoral Commission (INEC) and the Attorney General of the Federation (AGF) and Minister of Justice, who are 2nd and 3rd defendants in the matter, were also not in court.
Following the absence of the plaintiff and the two defendants, Chris Uche, SAN, representing Dr Jonathan, applied to the court to strike out the suit for lack of diligent prosecution.
Having joined issues with each other, Mr Uche said, the suit is liable for dismissal with a N5 million cost to be awarded against the plaintiff and payable to Dr Jonathan.
He argued that from all indications, the plaintiff has abandoned the suit and ran away upon sighting the preliminary objections raised against the suit, adding that the court is a busy place and not for unserious matters.
Justice Lifu, however, noted that there was no evidence of service of hearing notice on INEC and AGF to appear in court for the suit, adding that lack of service of hearing notice is fundamental.
The judge said rather than striking out the suit, he prefers to bend backward to accommodate the plaintiff and the two defendants for the last time.
While adjourning the matter to May 15, Justice Lifu ordered that hearing notice be served on the plaintiff and the 2nd and 3rd defendants who were not in court on Monday.
The plaintiff, Mr Jideobi, had filed the case seeking an order to restrain Dr Jonathan from presenting himself to any political party as an aspirant for the 2027 election.
He is also asking the court to stop INEC from accepting, processing or publishing Dr Jonathan’s name as a presidential candidate.
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