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Constitutional Review: Lawan Solicits Role For Monarchs In Governance
President of the Senate, Dr Ahmad Lawan, has identified the exclusion of the traditional rulers in governance and security architecture of the nation as one loophole in the 1999 Constitution which had largely aided the growth in Nigeria’s security challenges.
In same vein the National Council of Traditional Rulers in Nigeria (NCTRN) have described the neglect of the traditional rulers in governance as a disrespect to the nations roots capable of creating dangerous gaps, misunderstandings and avoidable conflicts between the grassroots and the government.
Lawan made the disclosure, yesterday, in his speech as he declared open a meeting between the Constitution Review Committee of the Senate chaired by the Deputy President of the Senate, Senator Ovie Omo-Agege-led and the National Council of Traditional Rulers in Abuja.
The Senate President, in his remarks, called for roles for traditional rulers in the Constitution linked to specific functions for them in guaranteeing the safety of lives and properties within their various jurisdictions.
According to Lawan, the worsening activities of insurgents, bandits and criminals have placed Nigeria in a dire situation that demands an urgent review of the 1999 Constitution along the lines of reorganizing the structure of governance to give specific roles to traditional rulers in various communities, as well as the incorporation of traditional institutions as part of the security architecture of the country.
Lawan said, “I’m here to show the commitment of the National Assembly in its entirety, to listening and supporting our royal fathers on the Constitutional Review currently going on, and in what many of us believe that is the right thing; that we have our royal fathers properly and formally given some roles in the governance structure or the administration of our country.
“The pre-colonial, colonial and post-colonial history of our royal fathers gives us indication of how important our traditional institution was in those days.
“In fact, at the risk of going into some avoidable history, in 1947 the British created a single traditional institution for the Tivs by creating the title of Tor Tiv. This was because they knew that the traditional institutions were playing very critical and crucial roles in running the affairs of those they governed.
“Probably, the 1979 Constitution had envisaged specific functions for the traditional institutions, but I think we missed it after that, and maybe the 1999 Constitution did not take account of certain things that could have been helpful.
“Maybe before the 1976 local government reforms, the traditional institutions might have played some roles in ensuring that our communities were secured and safe.
“So, what do we need to do to bring our country into a safer climate and more secured life for our people and their property?
“I believe that we need to take a holistic assessment of our situation. Every community, every people makes law for itself to specifically deal with some challenges, and you don’t have to copy what works elsewhere, because your history may be different. So, we have a very peculiar history when it comes to our traditional institutions playing some roles in the affairs of our people.
“This is an opportunity for our traditional institutions to ask for specific roles, but our desire as a National Assembly is to undertake this Constitutional Review because it is part of a very important legislative agenda, and also our desire to continuously work as a Legislature with the Executive arm of government to create a safer and more secured Nigeria.
The Senate President noted that the current security architecture should not be limited to the armed forces, police and other paramilitary organizations alone.
“If our traditional institutions would be part of our security architecture, so be it. Actually, what we need is to secure the lives and properties of our people. How do we achieve that? This is where the meeting of today, between our Constitution Review Committee headed by the Deputy President of the Senate, and the National Council of Traditional Rulers would be very critical”, Lawan said.
Presenting a memorandum of the National Council of Traditional Rulers of Nigeria signed by the Chairman and the Sultan of Sokoto, Alhaji Muhammad Sa’ad Abubakar; and the Co-Chair and the Ooni of Ife, Oba Adeyeye Enitan Ogunwusi, to the Constitution Review Committee, the Etsu Nupe, Alhaji Yahaya Abubakar, recalled that the Nigerian First Republic Regional Governments had bi-cameral Legislative arrangement with the Houses of Chiefs serving as the Upper chambers to those of the elected Houses of Assemblies.
“The society was at that time progressive, peaceful, decent and full of beautiful traditions and cultures. Lives and properties were sacrosanct and accountability and honesty were the hallmarks of the traditional local Administrations,” he said.
According to him, “General Ironsi 1966 Unitary Government Decree, General Gowon’s and General Obasanjo’s 1967 and 1976 Local Government Reform Decrees, respectively stripped traditional rules of their powers and gave same to the local government council thereby giving birth to the present insecurity and corruption, constitutionally and protocol wise, traditional rulers are relegated to the background.”
The Etsu Nupe lamented that under the present arrangement, “Traditional Rulers do not have the constitutional or other legal backing to perform effectively as they are not even mentioned in the 1999 Constitution.”
“This is a great departure from all earlier Constitutions that recognised them and even gave them some functions to perform.
“Indeed, all the Nigerian earlier Constitutions gave the chairmen of the States Councils of Chiefs seats in the National Council of State alongside former Presidents, Chief Justices, etc. For example, this is clearly provided for under Section 140 (l) and under Part 1 of the Third Schedule of the 1979 Constitution,” he added.
The traditional ruler, however, emphasized that “no community or nation would thrive successfully without due consideration of its historical evolution, customs, values and beliefs”, adding that, “the Nigerian Nation evolved from the amalgamation of several empires, kingdoms, caliphates, chiefdoms and autonomous communities.”
“Undermining the traditional institution through unsavoury politically motivated actions will reduce the respect accorded it by the citizenry.
“This will translate into its ineffectiveness in performing its roles. It will also affect its capacity to mobilize the people towards government programmes and projects and in managing communal, ethnic and religious conflicts and crisis.
“This will certainly not augur well for the envisaged peace, progress and wellbeing of the Nation and its people as the government will lose a respected willing partner in these regards”, he warned.
The Etsu Nupe while calling on the National Assembly to intervene in safeguarding the sanctity of the traditional institution by ensuring its insulation from politically motivated actions that run afoul of the well-established traditional settings advised that traditional rulers should be accorded specific responsibilities for conflict and security management in their domains.
He added that, “Nigeria needs to explore all available means of conflict resolution, intelligence gathering and containment of insecurities that will complement the conventional security outfits.”
The Chairman of the Constitution Review Committee, and Deputy Senate President, Ovie Omo-Agege, in his speech, raised questions on why the institution was expunged in the Constitution in the first place, if it had fostered peaceful coexistence and safety of lives and property.
His words, “What you’re seeking here today, is the reinstatement of the Council of Traditional Rulers that we had in all of our previous Constitutions which was omitted in the 1999 Constitution. The question becomes, why was there that omission?”
“With respect to this request, it shouldn’t be very demanding because we all come constituencies and we are all your subjects.
“At a time like this when we have so much insurgency in the North-East, banditry in the North-West and most of the North-Central, the same challenges we also have in the South-South, South-East and South-West; with religious tension everywhere, if His Royal Highness said that in Colonial and Pre-Colonial and Post-Colonial times, that there was need to maintain the status of traditional institutions to help us preserve peace, now is even more apt today than it was.
The NCTRN was represented by traditional rulers drawn from the six geopolitical zones of the country.
By: Nneka Amaechi-Nnadi, Abuja
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Bill For Compulsory Counselling For Convicted Corrupt Nigerians Scales Second Reading
A bill to amend the Corrupt Practices and Other Related Offences Act 2000 has passed its second reading in the House of Representatives.
The bill, which mandates compulsory counselling and training for individuals convicted of corruption-related offences, was sponsored by Kayode Akiolu (APC-Lagos) during plenary on Wednesday.
Leading the debate, Mr Akiolu explained that the bill sought to amend Section 67 of the principal act, introducing new provisions that were not part of the original section.
“These additional provisions, found in subsections 2, 3, and 4 of the amendment bill, require judges and magistrates to not only impose imprisonment and/or fines on those convicted of corruption but also mandate a minimum four-week anti-corruption counselling and training.
“The counselling and training will be designed and delivered by the Anti-Corruption Academy of Nigeria (ACAN) and aims to address the psychological factors related to corrupt behaviour,” Mr Akiolu said.
Mr Akiolu emphasised that the training would help reform convicts by addressing their corrupt tendencies and could even transform them into advocates for anti-corruption efforts.
He added that this approach aligned with the reformative aspect of the criminal justice system, which focused on punishment and rehabilitation.
“As per subsection 4, the bill allows magistrates and judges to order convicts to cover the cost of their counselling and training, preventing additional financial burdens on the government,” the lawmaker noted.
Mr Akiolu further argued that if the bill is passed into law, it would strengthen the country’s fight against corruption.
Given the widespread negative impact of corruption, he urged the House to support the bill for the country’s benefit.
Following the debate, Speaker Tajudeen Abbas referred the bill to the relevant committee for further legislative consideration.
News
Judiciary, Media Key Pillars Of Democracy, Says CJN
The Judiciary and the Media are key pillars of democracy, the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, has said.
Kekere-Ekun made this statement in her address at the 2024 National Conference of the National Association of Judiciary Correspondents (NAJUC).
The CJN was represented by Mr Abdulaziz Olumo, the Secretary of the National Judicial Institute (NJI).
“ The judiciary and the media occupy unique and complementary roles in any democratic society.
“ The judiciary serves as the guardian of justice, equity, and the rule of law, the media acts as the conscience of society, disseminating information, shaping public opinion, and ensuring accountability.
“ Together, these institutions provide checks and balances that strengthen the fabric of democracy,” she said.
Quoting Felix Frankfurter, a former U.S. Supreme Court Justice, she said: free press is not to be preferred to an independent judiciary, nor an independent judiciary to a free press. Neither has primacy over the other; both are indispensable to a free society.”
The CJN said this dynamic interdependence between the judiciary and the media presents opportunities and challenges alike.
“ The media is entrusted with the responsibility of informing the public about judicial activities, the judiciary relies on accurate and ethical reportage to enhance public confidence in its work.
“ However, the inherent power of the media to influence public opinion requires careful management, especially when its focus turns to judicial proceedings.
“ The question posed by Robert J.Cordy, a former Associate Justice of the Massachusetts Supreme Judicial Court, is pertinent here: “What happens when the free press turns its sights on the courts-scrutinizing, sensationalizing, and exposing the frailties of the judiciary while questioning its ethical standards and performance?”
“The media’s capacity to shape narratives and perceptions is undeniable” she said.
Quoting Jim Morrison , she said “Whoever controls the media controls the mind.”
According to her, this underscores the immense responsibility placed on journalists to report truthfully, fairly, and objectively.
“ Unfortunately, the commercialisation of news and external influences have led to the rise of sensationalism-a practice that distorts facts, erodes trust, and undermines the very essence of journalism.
“ Sensationalised headlines, such as the infamous 2016 headline “We raided the houses of ‘corrupt, unholy’ judges, says DSS,” can paint a skewed picture of the judiciary and its officers. Such reporting, often devoid of context, compromises the integrity of the justice system and misleads the public.
“ Closely tied to this is the issue of “trial by media,” where premature and often biased media narratives prejudge cases and infringe on the constitutional rights of individuals” she said.
She added that as Mahatma Gandhi rightly observed, “The sole aim of journalism should be service.” It is imperative for media practitioners to remain steadfast in their commitment to truth and objectivity.
To this end, she advised, the National Association of Judiciary Correspondents to take proactive steps to regulate the activities of its members.
“ This is not merely about enforcing rules but about fostering professionalism and safeguarding the credibility of the media.
“ The judiciary and the media must work as partners in progress.
“ To bridge the gap between these institutions, there is a pressing need for constructive engagement and mutual understanding.
“ Courts can provide the media with guidelines on judicial processes, courtroom decorum, and the nuances of court proceedings.
She noted that globally, courts have adopted initiatives to support the media’s role in reporting judicial matters.
For instance, she said the Supreme Court of Dakota’s media guide outlines protocols for courtroom reporting, while the UK ‘s Media Guidance document provides clarity on access and etiquette for journalists.
“ These examples demonstrate how structured collaboration can enhance the quality of judicial reportage.
“ In Nigeria, we can take a cue from these models by developing a comprehensive media guide tailored to our judicial landscape.
“ This initiative, which would involve inputs from NAJUC and judicial stakeholders, would not only enhance media access to courtrooms but also ensure that judicial activities are accurately and responsibly reported” she said.
She advocated that judiciary correspondents must make deliberate efforts to familiarise themselves with the rules and procedures of the courts.
She added that understanding these frameworks will enable journalists to navigate the complexities of judicial proceedings effectively and responsibly.
“ Training programs such as this conference play a crucial role in equipping judiciary correspondents with the knowledge and skills needed to report judicial matters accurately.
“ The theme of this year’s conference, “The Role of Courts in Enforcement of Judgments,” is both timely and significant, as it addresses an aspect of judicial work that is critical to upholding the rule of law and ensuring justice.
“ I commend NAJUC for its commitment to promoting accountability and transparency through its engagements with the judiciary.
“ As I conclude, I must emphasize the importance of credible journalism in strengthening public trust in the judiciary” she said.
She urged judiciary correspondents to prioritise the pursuit of truth and objectivity, resist undue influences, and remain steadfast in their commitment to ethical standards.
She commended the leadership of NAJUC, under the chairmanship of Mr Kayode Lawal, for its efforts in promoting professionalism among judiciary correspondents.
News
Senate Issues Arrest Warrant Against Julius Berger MD Over Road Project
The Senate has issued an arrest warrant for the Managing Director of Julius Berger Nigeria Plc, Dr Peer Lubasch, to appear before its Committee on Works.
The Tide’s source reports that the warrant was for Lubasch to explain the utilisation of funds appropriated for the reconstruction work on Calabar-Odukpani-Itu highway.
The warrant followed the adoption of a motion sponsored by Sen. Osita Ngwu (PDP- Enugu) and co-sponsored by Sen. Asuquo Ekpenyong (APC-Cross River) and Sen. Mpigi Barinada (PDP- Rivers) at plenary in Abuja, yesterday.
Ngwu, in the motion said, that the senate had mandated the committee on works to conduct investigation into the state of road infrastructure across the country.
He said that in furtherance to the investigative hearings, Julius Berger refused to honour invitations to provide details of its role in the Calabar-Odukpani-Itu highway project, in spite of receiving substantial public funds.
He said that this was worrisome, given the alarming discrepancies in performance among contractors on the project, with specific reference to Julius Berger for failing to meet delivery timelines.
Ngwu said it was the constitutional powers of the National Assembly under Sections 8 and 89 of the 1999 Constitution, as amended, to conduct investigations on any person or organisation responsible for administering public funds.
He said that the powers set out in section 6 of the legislative powers and privileges act empowered the Senate to issue warrants of arrest on persons in contempt of its proceedings.
The Tide source reports that the senate further ruled that President of the Senate, Godswill Akpabio, should sign the warrant, mandating the Julius Berger managing director to appear on a date to be communicated.
Akpabio said that the senate’s decision was in line with its constitutional powers under Section 89 of the 1999 Constitution (as amended).
“This senate will not tolerate the continued disregard of its authority.
“The managing director of Julius Berger must appear before the relevant committee, failing which further actions will be taken as prescribed by the constitution.
“The point of order, which was supported by the majority of the senators, highlighted the importance of upholding the integrity of the legislature.
“The senate committee will submit its findings to the National Assembly after the MD’s appearance.
“If there is any further failure to comply, we shall take the necessary steps to ensure respect for the constitution and the rule of law,” Akpabio said.
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