Tag: constitution

  • Amendment: Why lawmakers can’t alter all parts of current constitution – Omo-Agege

    Amendment: Why lawmakers can’t alter all parts of current constitution – Omo-Agege

    Deputy Senate President, Ovie Omo-Agege has said contrary to popular opinion and expectations, lawmakers don’t have powers to alter all parts of the current constitution.

    The Delta lawmaker however urged all those agitating for a new constitution to mount pressure on their representatives at the National Assembly.

    Constitution amendment and review has been an issue of debate in Nigeria for quite a while with many calling for the total repealing of the present charter.

    The proponents of the repeal process argue that the 1999 Constitution upon which the nation currently operates is not a ‘peoples constitution’. According to these advocates, the present canon is flawed and was forced upon Nigerians by the military.

    For those who seek to repeal the Constitution, an amendment will not suffice, however, Senator Omo-Agege in during a monitored Channels Television programme on Thursday said the legislators “do not have the power to write a new Constitution,” adding that the only power invested in the legislature is the ability to alter.

    According to him, the extant legal order only provides for alterations, not a total overhaul. He stressed that Section 9 which some often quote, envisages that any provision of the constitution can be altered, but not all at once.

    Omo-Agege further disclosed that for a rewrite of the constitution to be done, then Section 9 would have to be amended, however, for this section to be revised, then four-fifth vote in the Senate which is about 88 Senators out of 109 and about 288 members of the House of Reps.

    The Deputy Senate President said a bill needs to be put forward to effect an amendment of Section 9, however, noted that it is very difficult to muster the vote needed for a revision of the section that could give the power needed to have the present constitution repealed.

    The lawmaker assured Nigerians that President Muhammadu Buhari is interested in the constitutional review process and will assent to any bill that emanates from it.

    He also promised that the Senate will work towards an inclusive amendment of the constitution free from the manipulations of political actors.

  • Constitutional review : Borno, Yobe reject state police, additional States

    Constitutional review : Borno, Yobe reject state police, additional States

    Borno and Yobe States have rejected calls for the creation of additional states, local councils and state police in the country.

    The states made their positions known in separate presentations at the ongoing public hearing on the 1999 constitutional review held on Wednesday, in Bauchi.

    Alhaji Abdulkareem Lawan, Speaker, Borno State House of Assembly, said the state was opposed to the creation states and state police.

    “Borno State is already devastated for now. We don’t need additional states and local government councils, because some of the councils just bear names without people.

    “So, there is no need for the creation of state and local governments out of the present Borno State,” he said.

    Lawan stressed that Borno was also not in need of a state police, because it already had the Civilian Joint Task Force (CJTF) which had been effective in enhancing security in the state.

    He, however, advocated for gender equality and increased women participation and other vulnerable persons in governance.

    In his submission, Mr Saleh Samanja, the Yobe state Attorney General, who corroborated earlier opinions, advocated the retention of the existing states and local councils’ structure.

    “We recommend that the existing number of states and local governments in the country be maintained and strengthened.

    “Taking into consideration that even the existing ones are not adequately funded, to execute viable developmental projects, not to even talk of creating additional ones,” he said.

    Samanja said Yobe State strongly opposed the establishment of state police as canvassed in some quarters.

    “The state police can be abused for political reasons and create more insecurity, rather, measures should be put in place to encourage Community Policing under strict supervision,” he said.

    However, Alhaji Sabiu Baba, Secretary to the Bauchi State Government (SSG), said the State was clamouring for the creation of additional states and local councils.

    He noted that some states with a much lower population and land mass than Bauchi, already had more local government councils.

    Baba said the state was, therefore, strongly in support of the creation of a state and additional local governments out of the present Bauchi state

    The SSG said the state was also in support of the establishment of state police, so as to reduce over-dependence of the state governors on federal law enforcement agencies.

    He equally disclosed that the state was in support of gender equality and women participation in decision making and governance.

  • Omo-Agege, Okowa disagree over constitution amendment

    Omo-Agege, Okowa disagree over constitution amendment

    Deputy President of the Senate, Senator Ovie Omo-Agege and the Governor of Delta State, Senator (Dr) Ifeanyi Okowa has expressed divergent opinions on the amendment of Nigeria’s 1999 Constitution.

    Omo-Agege, Chairman, Senate Committee on the review of the 1999 Constitution, speaking at the opening of a two-day public hearing on the review of the Constitution in Bauchi State, said Nigeria’s constitution needed to be constantly reviewed for the benefit of the citizens.

    He said that the Nigeria Constitution had to be looked into from time to time “just like we take stock of the past and plan for the future.

    “As a living document, the Constitution to a large extent in a constitutional democracy, need to be reviewed from time to time just as in our day-to-day lives we take stock of the past and plan for the future.’’

    Represented by Sen. Abubakar Kyari, Chairman, Public Hearing Committee on 1999 Constitution Review, Bauchi Centre, Omo-Agege said the review would provide a platform for Nigerians to express their opinions on fundamental laws governing their lives.

    He said that the focus of the committee was to manage the exercise in a fair, inclusive, credible and transparent manner.

    He said that the hearing was organised ahead of the national public hearing because the National Assembly adopted a bottom-up approach by listening to Nigerians first at the geo-political levels.

    Omo-Agege said the approach underscored the critical importance the Constitution review committee placed on the sub-national levels of governance in the country.

    The chairman, however, appealed to the participants, irrespective of their political affiliations to support the National Assembly towards positive transformation in the country.

    “I, therefore, invite you all to participate actively in this public hearing so that together, we can bequeath to our nation a peoples centred Constitution,’’ he said.

    Meanwhile, Delta Governor, Sen. (Dr) Ifeanyi Okowa, on Wednesday said Nigeria needed a new Constitution, not amendment to accommodate emerging issues of good governance and greater interest of Nigerians.

    Okowa stated this when he received on courtesy visit, the Senate Sub-Committee on review of the 1999 Constitution led by Senator James Manager at Government House, Asaba.

    He said that a new Constitution for the country had become imperative in view of observed lacunas in the 1999 Constitution and called for the insertion of a clause to allow for the re-writing of the Constitution while it would continue to be in operation until a new one was ready.

    “There is no doubt that there is still a lot to work on in our Constitution to have a near perfect document, and I know that the National Assembly has continued over time, to cause some of the amendments to be.

    “I thank God that those sent here are familiar with the zone; so, when the people truly speak they would understand.

    “But, I also wished that some persons from other zones actually had the opportunity to come down here to hear the voices of our people directly because sometimes we do not understand the extent of the pains that people of the Niger Delta truly suffer in our nation.

    “We believe in one Federation; we believe in the unity of Nigeria, but we will continue to ask for very strong equity in our Federation as a people and I know that the people will really voice out their opinion at the public hearing.

    “We know that some amendments were made recently but on a general note, we are also aware that the Constitution itself appears to have just been hurriedly put up just before the 1999 elections and handed over.

    “I wished it was possible to start the whole process again and to re-write the Constitution and also believe that there may be a need for us to look very closely on ways and means of re-writing the Constitution as a new document even when the current Constitution exists,’’ Okowa said.

    He recalled that the process of reviewing the 1999 Constitution started in the 7th Assembly, but that it was not possible to push it forward because of certain disagreements at that time.

    Reiterating the necessity of a new constitution for the country, he said “if we look deeply as lawmakers we would be able to create a window for that purpose because every year or in every assembly, we continue to engage ourselves in one amendment or the other.

    “I think that it is possible to insert a clause that will enable us to truly rewrite the constitution while the current constitution may be operational until the new one is brought into force.

    “In that case, we would not be struggling year-in-year-out trying to amend one clause or the other because there are challenges when it comes to that.’’

    The governor urged the National Assembly to look into power devolution to the states, review of revenue allocation formula, oil derivation and state police in the amendment to enable Chairman of Revenue Mobilisation Allocation and Fiscal Commission to lay revenue allocation formula proposals directly before the lawmakers.

    “As a state, we believe that the way the federal structure is in terms of governance, the powers at the federal level or what you call the powers of the Presidency are too weighted against the rest of the structures in the state or what you call the sub-national governments.

    “We believe that the exclusive list ought not to be as it is, because there are many things in that place that could truly be in the concurrent list.

    “This is because the sub-national governments are much closer to the people and understand truly the pains and needs of their people and they are more likely to effect development changes that will be impactful on their people,” he stated.

    He regretted that no review had been made to the revenue allocation formula for the past 24 years whereas it was supposed to be reviewed every five years.

    Okowa said that oil-producing states had continued to struggle for the 13 per cent derivation fund, and remarked that oil was a wasting asset while the environment where it was being extracted had continued to be polluted and degraded.

    “The 13 per cent is actually too low and we believe it should be reviewed to 50 per cent as it used to be in the past or allow the states to own the assets and pay tax to the centre as applicable in other climes.

    “We are also fully aware that our country is going through tough times with the current insecurity pervading our nation.

    “We believe in the Nigerian Police but to fully secure the land there is a need for states to have their own police and all the governors of this nation are in support of that.

    “The Nigerian police have been stretched beyond limit and to complement the Federal Police Force there is need for the states to have their own police,” he added.

    He assured the Committee of the support of the state when recommendations were made from the National Assembly.

    “We are glad that you have come to listen to the people and we hope that when you also speak within the larger Committee that those voices which do not understand the pains of our people will not suppress the voices of our people.

    “It is in the interest of the country that we provide more funds for the development of oil-producing states and for them to take care of the degradation of their environment,” the governor stated.

    Earlier, Senator Manager had said that the Committee which comprised Senators from Edo, Bayelsa and Delta were in the state to conduct a two-day public hearing on the amendment of the 1999 Constitution.

    He said that aside the Spiritual Books, the Constitution was the most important book for any country.

    Manager restated that Southern Senators had endorsed all the resolutions made by the Southern Governors in the “Asaba Declaration’’ of May 11.

    “The amendment of the Constitution is not what can be done by the National Assembly alone, but it involves states’ Houses of Assembly and other stakeholders.

    “The document is never a perfect one; therefore, amendments are inevitable from time to time and in tune with current realities.

    “The public hearing will afford the Committee the opportunity to hear from the people and collate their views for onward processing by the Senate,” he stated.

  • Change of constitution not guarantee for perfect Nigeria – Agbakoba

    Change of constitution not guarantee for perfect Nigeria – Agbakoba

    A former president of the Nigerian Bar Association (NBA) Dr. Olisa Agbakoba (SAN), has said a change of the 1999 Constitution will not guarantee a perfect country.

    Agbakoba said this at the inaugural #FixPoliticsDialogues, a platform which convenes debates on national issues.

    The event, tagged: “1999 Constitution: To change or amend?” was organised by FixPolitics, a non-profit organisation.

    The frontline lawyer noted that despite its imperfections, the current constitution is not obeyed.

    He said the process of birthing a new constitution requires strategic engagements.

    He said: “To force a change of constitution outside the legal framework will be considered a revolution.

    “Let’s not assume that a perfect constitution that we all strive for means that by a flick of the switch everything is good.

    “Currently, the constitution, imperfect as it is, is not obeyed. So, what says that the constitution we envisage will be obeyed? The answer to it is something we should reflect on carefully.

    “Part of the problem we face today is the process. Because the process is faulty, Nigerians cannot claim ownership to the constitution. If there is a way to reverse that problem by overhauling the constitution and bringing in a new one, that, I think, is the ideal.”

    Also, Ekiti State Governor Kayode Fayemi has said the 1999 Constitution has several inherent defects, which render it ineffective to address preponderance of challenges facing the country.

    The governor spoke yesterday in Ado-Ekiti, the state capital, at a consultation forum to harmonise views of the government and people of the state on the review of the 1999 Constitution.

    He said: “Over the years, there have been calls from almost every part of the country for constitutional review. This has led to the creation of many conferences with a view to writing a fresh constitution for Nigeria. Unfortunately, none of the reports of the previous conferences has yielded positive result because of the way and manner the conferences were structured and managed.

    “We need to further consolidate and entrench the essence of our constitution as the only basis for the exercise of all powers under a constitutional democracy. This review process must not in any way dent the integrity and acceptability that should be credited to the 1999 Constitution.

    “Rather, we should, by this process, celebrate and affirm the sacredness of our constitution and its integrity.”

    Fayemi urged the review committee to critically work and concentrate on the defects of the 1999 Constitution and tap from the resources of constitutional reform veterans, like Prof. Akin Oyebode, Bishop Felix Ajakaiye, and Dr. Kunle Olajide, who participated actively in the 2014 National Conference to enrich their suggestions and recommendations.

  • TRENDING VIDEO: ‘Nigeria is a scam, needs new constitution’ – Pastor Paul Adefarasin

    TRENDING VIDEO: ‘Nigeria is a scam, needs new constitution’ – Pastor Paul Adefarasin

    Pastor Paul Adefarasin, founder of House on the Rock has said Nigeria is a scam and that the next administration must not be allowed to access power without a brand new constitution.

    Adefarasin, in a trending video said the faulty nature of the Nigerian constitution had made the whole thing a scam as the 1999 document was foisted on Nigerians by a few soldiers and their surrogates.

    He said anything short of a brand new constitution for Nigeria in the next administration is simply a fraud.

    “God will give us what we need to do what needs to be done, if we perish let us perish, millions will rise in our place. Otherwise your grand children will not have a future in this land and only people who are genuinely rooted in Christ will be able to deliver God’s genuine purpose for this nation.

    “Look at the resilience of Nigerians around the world, they excelled, the problem is not Nigerians, it is Nigeria and its constitution. The document upon which we were formed, it was a few soldiers who put it together and their surrogates and that is what is probably holding us together; the foundation is that document and if that foundation is faulty, what can the righteous do? We have got to go back to the foundation.

    “The next administration must not access power until we have a veritable constitution that is truly the document of we the people, anything else is a fraud, Nigeria is a scam and it is perpetuating itself too long,” he said.

    Watch Video:

  • Nigeria cannot have a new constitution – Omo-Agege

    Nigeria cannot have a new constitution – Omo-Agege

    Those agigating for a brand new Constitution in Nigeria may have to perish the thought as the National Assembly lacks the powers to do so, Deputy President of the Senate, Senator Ovie Omo-Agege has said.

    Speaking when he hosted members of Alliance of Nigerian Patriots in Abuja, Omo-Agege who chairs the Senate Adhoc Committee on Constitution Review, stressed that the National Assembly has no powers to replace the current Constitution but can only amend same.

    The delegation was led by Ambassador Umunna Orjiako.

    Citing advanced democracies like the United States of America where Nigeria’s presidential system of government is fashioned after as well as Sections 8 and 9 of the 1999 Constitution (as amended), the lawmaker said what is obtainable is piecemeal alteration of the Constitution.

    He, therefore, urged those calling for a brand new Constitution to channel their energy towards participating actively in the ongoing amendment of the Constitution by the Ninth Assembly.

    He said: “One of the issues you raised is the replacement of the 1999 Constitution. I am not so sure that we as a Parliament have the power to replace the Constitution. We can only make amendments. And it is explicit in Sections 8 and 9 of the Constitution on how we can do that and the requisite number of votes required.

    “I say that because there are some top attorneys in this country, who for some reason, keep saying that we don’t even need any of this, that we should just bring a new Constitution. We can’t do that.

    “What we are mandated to do by law is to look at those provisions and bring them up-to-date with global best practices, especially to the extent that it tallies with the views of the majority of Nigerians. So we are not in a position to replace this Constitution but we can only amend.

    “But, like I said, most of the issues you have raised here, like zones replacing states, that’s another euphemism for going back to the regions. We will look into that if that is what majority of our people want.

    “You talked about devolution of powers. The preponderance of views we have received so far is that those 68 items are very wide and need to shed some weight and move them to the Concurrent Legislative List”.

    He also expressed his opinion on the call by some persons for the scrapping of the upper legislative chamber.

    According to him, the country cannot practise unicameral legislature considering its large population.

    “One of the issues raised by #EndSARS Protesters was that they should abolish the Senate and merge us with the House of Representatives. We are not in a position to do that. Mr. President is not even in a position to do that as well. Because they believe that he can just by fiat say ‘Senate bye bye. it will now be a National Assembly made up of only the House of Representatives’.

    “But, as I said at a different forum, the President does not have such powers and I am not so sure that even we can legislate out the National Assembly,” he said.

    He continued: “There are people who believe that yes, we had the 2014 confab report that has been ‘transmitted’ to the National Assembly and there is the El-Rufai Report on Restructuring, 2018, that has been transmitted to the National Assembly and that we should just take them to Mr President for his assent and we have the Constitution amended.

    “But that is not how things are done here. We are a country governed by laws and the grundnorm is the Constitution. And the Constitution itself has spelt out what we can do and how we can do it”.

    Concluding, he tasked the group to reach out to other stakeholders across the country.

    Earlier, Ambassador Orjiakor called for the reconfiguration of the present 36 states structure into six zones as federating units, drastic cut in the Exclusive Legislative List and expansion of the Concurrent Legislative List, reform of the National Assembly to a hybrid Presidential and Westminster systems, abolition of security votes to be replaced by regular security budget allocations and electoral reforms to ensure a truly independent INEC.

    He also called for limited immunity for entitled public officers in the Executive branch of government, provision for independent candidacy in all elections, creating a consensual balance between meritocracy and federal character among others.

    Legislators who joined the Deputy President of the Senate to receive the guests include Senate Minority Leader, Senator Enyinnaya Abaribe and Deputy Minority Whip, Senator Saabi Yau.

  • Algeria approves new constitution

    Algeria approves new constitution

    The Head of the Algerian National Independent Election Authority, Mohamed Charfi, says the amended constitution voted through popular referendum on Sunday has been approved with a rate of 66.8 percent.

    Charfi told a news conference on Monday that the total number of voters reached 5.6 million out of 24.4 million eligible voters, which constituted a turnout of 23.7 per cent.

    He specified that the number of “Yes” votes reached more than 3.3 million, or 66.8 per cent of the total number.

    Charfi further assumed that the results of the referendum “are correct from legal and constitutional point of view.”

    According to him, the referendum’s turnout is a proof of the people’s support for change ahead of building up a new Algeria, in which their will has come to stay, as it has already been done in the Sunday’s referendum.

    This constitutional amendment is the 8th since the North African nation’s independence in 1962.

    The newly approved constitution includes a couple of controversial articles, including the possibility, for the first time in the history of Algeria, to send troops abroad to support UN peacekeeping missions.

  • Christian Elders to NASS: Nigeria needs new constitution, not another wasteful amendment

    Christian Elders to NASS: Nigeria needs new constitution, not another wasteful amendment

    The National Christian Elders Forum (NCEF) has frowned at another attempt by the Senator Ahmed Lawan led Ninth Senate to ammend the 1999 Constitution of the Federal Republic of Nigeria.

    The forum made of eminent Nigerians said nothing concrete will come out of the fifth attempt in 20 years to review the constitution.

    In a memo titled: “Review of Constitution: Wrong therapy for serious disease” signed by NCEF chairman, Elder Solomon Asemota, SAN, the forum told the ninth National Assembly to save the nation’s scarce resources arguing that what Nigeria requires is a brand new Constitution.

    “It is with mixed feelings that the National Christian Elders Forum (NCEF) received the news of yet another Constitutional Review, proposed by the ninth Assembly. This would be the fifth Alteration in 20 years as previous Assemblies have undertaken similar exercises usually with a budget of one billion Naira. This humongous budget, at a time when the country is on the brink of another recession, is worrisome,” NCEF argued.

    According to the Christian Elders, “while Constitutional amendment, in a clime where there is sincerity in government is a welcome exercise, one is at a loss why Military Decree 24, which transmuted into the 1999 Constitution, without the input of Nigerian citizens, requires any amendment in the first place.

    “The patriotic step for any conscientious National Assembly would have been to legislate a Bill demanding a new Constitution. This, to our mind, would require a Conference of Ethnic Nationalities, the true owners of Nigeria, to re-negotiate the country and draw up a People’s Constitution of the people, by the people, and for the people,” the statement added.

    The Christian Elders further contend that the “perennial merry-go-round Amendments have not solved any problem for the country since it is often devoid of patriotic sincerity or the political will to make any meaningful change in the country.

    “For example, the 8th Assembly in the Fourth Alteration in 2017 made 32 amendments to the Constitution and there is no significant improvement in the country. On the contrary, Nigeria grew worse by every index of measurement.

    This proposed Amendment exercise would be the 5th Alteration in 20 years. What Nigeria requires is a new Constitution. “Bearing in mind the insensitivity of the current Administration to progressive views, NCEF would like to sound a note of caution for the benefit of Nigerians. Given the direction of Government in the past five years, there is ample justification to be apprehensive about a Constitutional amendment by a National Assembly that gives impression of subservience to the Executive arm of Government,” NCEF stated.

    The Elders therefore urged Nigerians to note the following points and remain on high alert to ensure that the proposed Constitutional Review is not a Trojan horse designed to legitimize sectional ethnic and religious discriminatory agendas that are opposed to the peace, unity, progress and well being of Nigerians. “According to local parlance, Nigerians, shine your eyes: In December 2019, CJN Hon. Justice Tanko, called for the amendment of the country’s Constitution to accommodate more of the peculiarities of the Shari’a law in a secular State.

    “The CJN was quoted as saying, ‘… we have the number to amend the constitution to suit our own position as Muslims.’ That call was condemned by many well meaning Nigerians. We hope that this exercise is not an attempt to railroad Nigeria, a secular state, into a full Islamic theocratic state.

    “Rather than increase any religious content in the Constitution, as advocated by the CJN, any Constitutional Review should be used to expunge reference to ANY religion in the Constitution of Nigeria. Any mention of religion in the Constitution is in violation of Section 10 of the same Constitution and by reason of Section 1 is unconstitutional.

    “It should be recalled that in 2011 in Harvard, USA, his eminence the Sultan of Sokoto who is also the President of the Nigerian Supreme Council of Islamic Affairs, NSCIA, was reported to have said during a public function, ‘I do not recognize any Nigerian Constitution and the only Constitution I recognize is the Koran.’ This statement speaks volumes.

    “What Nigeria requires is resolution of the conflict between Democracy and Sharia in the Constitution and we are certain that this Administration, with its compliant 9th Assembly, will work to the contrary. Therefore, the proposed Review of the Constitution by the 9th Assembly should be seriously scrutinized,” the Christian Elders argued. Continuing, NCEF hoped that the proposed Constitutional review will not be used to legitimize toxic Bills like Social Media Bill, Hate Speech Bill, Water Ways Bill, RUGA, Grazing Reserve, Grazing Colony, as well as dismantle the Federal Character Principle which the current Administration has flagrantly violated and abused.

    The Christian Elders recalled that a Senator promised that he was going to the NASS with the intention of sponsoring amendment of the Constitution to make President Buhari life-president. “The statement should not be dismissed as inconsequential. It is hoped there would be no subterranean move in this direction considering statements by some unpatriotic elements that this President should be allowed to do third-term.

    “This Amendment, if it becomes inevitable, should dismantle the obnoxious Exclusive Legislative list that has hindered the Federating Units from maximizing their potentials and resources. “Most of the 68 items in the Exclusive Legislative list that are supposed to be in the Concurrent List, which currently has only 12 items, should be appropriately designated so that the States can become functional and viable. The Eminent Nigerian Christians are proposing a Constitutional Amendment that will provide opportunity for the National Assembly to legislate on the immediate implementation of the Report of the 2014 National Conference. According to them, “most of the issues listed for amendment are adequately treated in the Report of the National Conference. All that is required is the political will to implement it. It would be of immense benefit to Nigeria if the salient portions of the National Conference Report are included in the proposed Amendment.

    “This exercise gives the National Assembly the opportunity to legislate on a Truth and Reconciliation Commission for Nigeria as the basis for healing and reconciliation of all the ethnic nationalities in the wake of the insurgency and the discriminatory policies of the current Administration.

    “The sectional and discriminatory policies of the President Buhari administration have shattered trust and broken relationships amongst the divergent groups making up Nigeria. “The National Assembly should also consider this exercise as a temporary measure to restore balance to Nigeria while rapid arrangements are made by Government for Ethnic Nationalities Conference that would re-negotiate Nigeria and draw up a proper Constitution of the people by the people.

    “It should be clear to all and sundry that Decree 24 which transmuted into 1999 Constitution has not guaranteed national unity, peace, progress and prosperity for Nigeria. After 20 years of appreciable failure, it should therefore be consigned into history, like the Military regime that gave birth to it. It is not people’s Constitution. Nigeria requires a new Constitution of the people, by the people, and for the people,” the Christian Elders advocated.

    TheNewsGuru.com, TNG reports that the forum is made up of eminent Nigerians including: Gen. Joshua Dogonyaro (rtd) (Vice-Chairman), Prof. Joseph Otubu, Dr. (Mrs) Kate Okpareke, Dr. Ayo Abifarin, Gen. Zamani Lekwot (rtd), Elder Moses Ihonde, Elder Nat Okoro, Gen. Theophilus Y. Danjuma (rtd), Elder Matthew Owojaiye, Hon. Justice Kalajine Anigbogu (rtd), Elder Shyngle Wigwe, DIG P. L. Dabup, Sir John W. Bagu, Dr. Saleh Hussaini, Elder Michael Orobator, Hon. Justice James Ogebe (rtd), Dr. Chukwuemeka Ezeife, Dame Priscilla Kuye, Dr. S. D. Gani, Mrs. Osaretin Demuren, Prof. Yussuf Turaki, Lady Mariam Yunusa, Prof. (Mrs) Deborah Enilo Ajakaiye, HRM Oba Dokun Thompson, Dr. Taiwo Idemudia (Diaspora) and Pastor Bosun Emmanuel (Secretary)

  • Constitution does not recognize Minister of State – Reps slam Keyamo

    Constitution does not recognize Minister of State – Reps slam Keyamo

    The House of Representatives, on Tuesday, urged President Muhammadu Buhari to give directive to the Minister of Labour and Employment, Chris Ngige to act according to existing laws on the planned Special Public Works (SPW) programme.

     

    The House stated that the Constitution does not recognize the office of the Minister of State and also directed the Minister of Finance, Zainab Ahmed not to release funds contrary to that resolution.

     

    The resolution followed a motion of urgent public importance moved by the Deputy Minority Leader, Toby Okechuckwu on Tuesday.

     

    It would be recalled that both the National Assembly and the Minister of State (Labour), Festus Keyamo have been at daggers drawn over the implementation of the N56billion special works programme.

     

    Moving the motion, Okechuckwu said that 202 appropriation law recognizes “the National Directorate of Employment (NDE) Act as the implementation agency.”

     

    He added that “Minister of State” is not a creation of Section 145 (1) of the 1999 Constitution. This may therefore be the reason for the refusal of the Minister of State to be guided on the method adopted by Parliament for its proceedings and his assertion that “only Mr. President can stop our work”, not our laws nor our institutions.”

     

    Also speaking on the motion, Uzoma Abonta from Abia State condemned the executive for disregarding existing laws by adopting short term interventions.

  • Who regulates the political industry? – Chidi Amuta

    By Chid Amuta

    Since 1999, democracy has delivered two persisting dividends to Nigeria: a predictable calendar of national ritual and a gigantic all- powerful political industry. Imperfections and disfigurements notwithstanding, we now have a fair idea of what must happen in this polity every four years. The campaigns. The festival of rallies. The pageant of politicians who address mobs of starving illiterates in English. The parade of known villains as born again messiahs crowned by the reduction of our national hopes into party marketing slogans and lazy catch phrases. Afterwards, the mournful processions of losers and their crashing ambitions drowned by the drums of triumph and ascension trails of winners to power, wealth and glory.

    Beyond this drama, the real dividend of democracy may be the emergence of politics as a huge unregulated industry. Politics and politicians regulate and direct our lives. The political industry through its control of the mechanics of government is the ultimate allocator of wealth, opportunity and privilege. It owns and controls the public sector through the complex machinery of the administrative state. It also controls the private sector through regulatory institutions like the stock exchange and the Central Bank in addition to frequent legislative disruptions and interventions. The political industry has a monopoly of the awesome power of outlandish pork, patronage and elaborate rents.

    But who actually regulates the political industry? This question has become urgent and necessary as the nation reels under a prevalent and crippling deficit of competence, accountability and responsibility among key captains and operatives of the nation’s mammoth power and politics industrial complex.

    We are dealing with an expansive all- dominating industry. It is a manpower dominant industry, employing a huge army of people with their own extended family of hangers on. It is equally an influence pervasive industry. Most importantly, this is an industry that controls every other industry, regulating the environment in which others practice, thrive or wither. The political industry is a super ordinate behemoth, one that determines its own rules and regulations, sets its own entry requirements, procedures and performance standards. For the nation at large, the choice of who leads us is vested in the political parties which act as clearing houses for the political industry.

    We can only guess the precise size of this industry when we estimate the sheer number of elective and appointive offices and their correlates that have featured in the political cycles since 1999. There are at any given time, the President, Vice President, about 36-42 ministers, 30-100 advisers (special, senior special, plenipotentiary etc),109 Senators, 360 House of Representative members (add at least 500 legislative aides), 36 Governors, 36 Deputy governors, about 540 commissioners, about 1,000 plus members of state houses of assembly, 776 Local government chairmen, 9,288 Councilors.

    Take the total emoluments, allowances, perquisites, paraphernalia and benefits of all political office holders at the various levels of government and you begin to imagine the expanse, size, capital and recurrent cost of the political industry. A recent industry market survey has determined that official Nigeria alone buys more Japanese SUVs every four years than all the desert safari companies of the Gulf Arab states put together!

    Most importantly, the captains of this army of political officialdom are responsible for determining the national, state and local government budgets. They allocate the resources, appropriate the funds and expend same on behalf of all of us.

    Yet somehow, politics has managed to disguise its industrial scope and status by focusing public attention on the myth and ritual of democracy decorated with the rhetoric of representative government and public service. Sometimes, politicians have focused attention on the game aspect of politics, playing it more like a vicious but unserious sport. A few honest political actors have, however, come close to admitting their role as players in an all important industry by emphasizing public service as the essence of political leadership. In other words they are in it to serve ‘the people’, a sort of enlightened service industry that renders an invaluable service to a nebulous client called ‘the people’.

    As leaders and controllers of the mechanics of government, political industry captains and operatives determine the basic outlines of our lives and livelihood as citizens, corporate or private. They determine your access to basic services, how much you will pay as tax and what will be left for you and your family. They determines how much you will pay for darkness punctuated by electricity, the quality of teachers that your children will be saddled with, what your essential drug will cost, how many toll gates will dot your way to your village as well as the size of your retirement pension if any.

    We may endlessly trumpet the relative independence of the private sector and its power to determine the economic fate of the nation. This is only to the extent that the political industry creates the legislative and general macro economic environment in which such private sector can thrive. Otherwise, even the boldest and most massive private sector investment and economic power can be drowned and destabilized overnight by a casual regulatory twist by the presiding political establishment.

    The political industry is the most attractive sector of the economy, guaranteeing an out of this world return on investment. Here is one industry that powers the creation of new social classes at a rate that would make any business entrepreneur blue with envy. It used to be the belief that education or entrepreneurship are the quickest routes out of poverty. Not anymore. The political industry is the only one in which a destitute can leapfrog into the billionaire club in less than four years. A local government councilor or chairman can transmute in a very short time from a miserable jobless pauper into an upper middle class poster boy cruising around in fancy cars, living it up in five star hotels and jetting casually across the globe.

    This is precisely because the main unofficial activity of the political industry is rent seeking and rent sharing. This is a complement to the allocation of pork as well as the privatization of constituency benefits. In Nigeria, political office holders tend to be state officials in the day and rent seekers and pork administrators at night. Due to the preoccupation with rents, a political city like Abuja is easily the most expensive piece of real estate anywhere on the African soil. Property prices and rentals as well as the general price levels for luxury goods tend to bear no relationship to the value of the item on sale.

    This is not peculiar to Abuja. It tends to apply to most political capitals in the world. In the United States for instance, of the ten most expensive neighbourhoods nationwide, five are in Washington DC. In a rent seeking economy, the proceeds come from an invisible trade in favours, influences and connections up to the highest level.

    Like every other industry, our political industry has a monopoly of its own recruitment and entry requirements. The strengths and defects in the system are showcased by the performance of the leaders of today especially our imperious state governors. In all fairness, the system has thrown up a few good men. One outstanding governor is leading the charge against the Covid-19 emergency with clear, articulate and sensible strategies to the delight of the enlightened citizens of his diverse and cosmopolitan state. Another has spent the better part of the last four plus years leading a charge for visionary modernizing governance in a northern citadel state where decadent tradition is battling his efforts. Another has called out soldiers engaged in the Boko Haram counter insurgency for collecting tolls at checkpoints while the terrorists regroup and unleash mayhem.

    One other governor, claiming ever so often to be a scholarly expert in fields ranging from epidemiology to semantics has urged his citizens to avoid social distancing but wear only face masks. Another has usurped the exclusive functions of the federal government by seizing aircraft, arresting pilots and oil workers at will for infringements against his imperial diktat.

    Yet another governor has insisted that citizens of his land locked state need no Covid-19 tests since his all-knowing government has launched an App to determine their health status by remote sensing! Another one has insisted that his state is under divine immunity from the virus as it is the only one whose name appears severally in the Bible.

    From this mixed bag of possibilities, the question that therefore arises is this: Are the captains of the political industry a special interest elite or just strange bed fellows? Are they recognizable by certain features beyond their garish costumes? Is there a unity of purpose, a solidarity of ways and means or some esprit de jouer among them as political players?

    Interactions among them are powered by naked subterfuge. Their quarrels are devoid of substance but yet vicious and warlike. Their disagreements are petty and manage sometimes to rise only to the level of motor park gang feuds. Often, these feuds are settled through rival juju priests armed with amulets and calabashes of dangerous concoctions. In extreme cases, hired assassins are called in for terminal solutions using military grade armaments ranging from assault rifles to improvised explosive devices. Our election seasons become seasons of undeclared warfare fought sometimes in cahoots with rented official security personal.

    Where on rare occasions factional captains of our political industry disagree on policy issues, these disagreements are never ideological. They tend to be a cascade of personal insults and undisguised abuses laced in the idiom of plain gutter snipes. Our parliamentarians engage in no serious debates nor are they identifiable by any known policy inclinations except those dictated by the compass of geo politics, primordial nativism and tribal arithmetic.

    On paper, our political industry may not be as unregulated as I have sounded. After all, every democracy has checks and balances that deter political leaders from gulping absolute power. We expect the legislature, judiciary, the media and civil society to weigh in against the absolutist promptings of an ambitious executive branch. But in our circumstance, do the politicians play by the constitution? Is the followership equipped to hold them accountable by the provisions of a constitution which they themselves hardly understand. In line with the provisions of the 1999 constitution, how many legislators have been recalled by their constituencies since 1999? Hardly any!

    Yet, the Nigerian parliament has relentlessly distinguished itself more by its rascality than anything else. It is fond of floating and fast-tracking bills of doubtful origins and motivation. It is about to railroad a dubious compulsory vaccination bill into law. It once tabled and debated a bill that sought to legalize same sex marriage, another one on social media gagging and yet another seeking to punish ‘hate’ speech by death penalty. These gambits and legislative escapades have been promoted in spite of an abundance of other unattended and urgent national issues. Urgent social legislations on education, healthcare, health insurance, rights of women, social security etc. remain unheard of.

    The bane of Nigerian politics is that our politicians are mostly lawless. They hardly obey the very laws they make or, for that matter, abide by the oaths of office which they take with hands placed on the holy books. People who cannot keep a contract they reach with their fellow men with God as witness cannot be trusted to obey a man -made constitution.

    Nor can we expect the judiciary to curtail the rampaging charge of disorderly politicians in both the executive and legislature. The judiciary as the only branch of government not composed of politicians bears a peculiar burden. But with the passage of time, our politicians have discovered that the easiest way to disregard the constitution is to blackmail, pocket or compromise the judiciary.

    That leaves us with the media to regulate the political industry. One of the ancient truisms of democratic discourse is that the media constitutes a so-called ‘fourth estate’ of the realm. In other words, the media is expected to watch over the political industry by reporting and exposing threats to the sanctity of democratic power. Technology has rendered this truism rather ancient. The rise of the social media means that the power of the media has been dissipated among all citizens who have smart phones, computers and computerized devices in their hands or back pockets.

    We are in the era of everyman as editor, writer, reporter, publisher and media mogul. The established media houses only have the power of brand recognition but no longer a monopoly of the political power of the written word. Alternative media has come with alternative truths in an age that glorifies bare faced lies as ‘alternative truths’. Fake news has emerged as a distinct field of journalistic enquiry with immense political impact and consequences. In a world like this, technology has literally annulled the power of the media. In becoming liberated into the private domain of personal expression, the media has lost its institutional contention for political power. Autocrats no longer need to close media houses anymore. The genie has left the bottle and flown away.

    Our fall back position then would be to retreat into a strictly constitutional republic where the ultimate playbook is the constitution. But a political industry led by rascals and unenlightened power opportunists cannot be trusted guarantee accountable and smart governance according to any constitution. To move forward, we need to reform the political industry to serve a modern Nigeria in two ways.

    First, we urgently need a reform of the nation’s political party mechanics. We must migrate from parties of presumption and notion with ascribed hierarchies to parties of merit based on ideologies in which ascendancy is earned. Only a meritocratic political culture can produce a political industry that would be credible, self- regulating and compliant with the constitution.

    Secondly, we need a knowledge based political establishment to counter the prevailing reign of embarrassing ignorance at most levels of power. An ignorant political industry cannot control and regulate a private sector and civil society that are advanced in knowledge which today rules the world. This particular challenge presents a teachable moment for Nigeria. We need to quickly resurrect the idea of something like the defunct Center for Democratic Studies, a permanent institution to continuously teach successive operatives and captains of our political industry how best to run a responsible democracy that works for all.

    Chidi Amuta is a member of TNG’s advisory board