Constitution Review: Issues At Senate Retreat How Ethnic, Religious Leanings Shaped Debate At Constitution Review Retreat

CHUKWU DAVID writes on the just concluded twoday retreat held in Kano by the Senate Committee on Constitution Review at which senators who participated in the exercise expressed divergent views on some of the issues to be considered in the review process

The Senate Committee on Review of the 1999 Constitution recently held a two-day retreat in Kano, the Kano State capital, preparatory to the usual zonal hearings preceding constitution alteration by the two chambers of the National Assembly. During the retreat, which started on Friday September 27 and ended on Saturday, September 28, some of the issues, which some proposals for their amendments in the constitution are already before the National Assembly, were brought up for discussion by the senators.

Interestingly and naturally, some centripetal and centrifugal sentiments manifestly played out along ethnic and latently, religious divides. Accordingly, while the entire senators unanimously agreed on some of the issues, they were sharply divided on some other issues of critical national interest.

For instance, the senators unanimously agreed to include full autonomy for local governments in the constitution, stressing that granting the third tier of government full autonomy will facilitate rapid socio-economic development at the grassroots. They lamented the unlawful hijack of council funds by state governors.

Their decision to save the third tier of government from total collapse following the abuse of their roles by the state governors, stemmed from the recent Supreme Court verdict and the pledge by the President of the Senate, Godswill Akpabio, that the National Assembly will tinker with the constitution to legalise full autonomy for local governments.

On the other hand, they did not agree on the issue of state police as they expressed divergent views on the matter. With apparent incursion of ethnicity and regional biases into their discussion, most lawmakers from the South-East and South-South, who have been advocating for creation of state police, maintained their ground on the demand, while a majority of their northern counterparts, particularly those from the North-East and North-West, vehemently kicked against it.

The lawmakers from the South were of the opinion that state police can effectively address the country’s security challenges. It is however, pertinent to note that the demand for state police has been a contentious issue in Nigeria as its proponents argue that it will enhance security, while those oppose to the idea expressed concerns about potential abuse of power by state governors.

Their decision to save the third tier of government from total collapse following the abuse of their roles by the state governors, stemmed from the recent Supreme Court verdict and the pledge by the President of the Senate, Godswill Akpabio, that the National Assembly will tinker with the constitution to legalise full autonomy for local governments.

Senators from the South-East and South-South geopolitical zones canvassed for creation of additional states to address the imbalance in the number of states in the country, especially on zonal consideration, a demand that has been trailed by controversy and attracted intense debate.

Four out of the six geopolitical zones of the country have six states each. They are South-West, South-South, North Central and North East. The North West has the highest number of states (seven), while the South East has the least (five states).

Autonomy for LGs

Senate Leader, Opeyemi Bamidele; a former Chief Whip of the apex legislative Assembly, Ali Ndume; Chairman Senate Committee on Finance, Senator Sani Musa as well as Senators Abdulfatai Buhari, Osita Izunaso and Ned Nwoko, in their various submissions insisted that full autonomy for local governments was long overdue and should be entrenched in the constitution in the imminent alteration that the constitution placed the administration of local governments in the hands of the state governments but the exigencies of current situation has made it necessary to make the third tier of government, completely independent.

His words: “The autonomy of our local governments cannot be taken away. The debate is raging as to whether or not local governments should be considered as a tier of government. Law is made for men and not men for law.

Regardless of what is in our constitution, what is important is that certain realities have come to terms with us. “So, if we’re talking about local government autonomy, the way some of us have looked at it, in the Senate and in the National Assembly, is that we need to complement what the Supreme Court has said. The Supreme Court didn’t say anything that is not in our constitution. The Supreme Court only gave it some further clarity.

“Arising from that, it’s also important that as much as possible, we also ensure that the fear that governors will not allow local governments to function can also be addressed through further tinkering with our constitution. For instance, a lot of stakeholders are concerned that for as long as local governments elections are conducted through state independent electoral commissions, there could be a highway to nowhere.”

Izunaso in his own submission, said arguments about possibility of local government chairmen becoming too powerful to the extent of impeaching governors if granted full autonomy, did not hold water. “When we started in this country, local governments had full autonomy then and they were developing their areas.

I believe in full autonomy for the local governments. I am sure it is going to work. I don’t believe that autonomy will empower council chairmen to impeach the governors. “The fear does not arise and I don’t even believe in it. The governors have immense constitutional powers. Only the state Assembly can move against the governor.

The council chairmen don’t have the power. Governors and council chairmen should face their work,” he said. Also, contributing, Senator Buhari backed the position of the Senate Leader, saying that election of council chairmen and the councillors should be conducted by an independent body not constituted by state governments in order to eliminate undue influence by the state governors.

He said: “Local government autonomy could only be achieved if their elections are conducted by an independent body. If that is not done, states will continue to siphon their money through threats and blackmail. “If I just put you there as local government chairman as the governor, definitely you will be answerable to me. But if am contesting my election, people’s eyes will be on me and when I am able to perform, you can’t force me to take the money to the governor.

If we want that Supreme Court judgement to hold water, we should expunge from the constitution, that aspect of joint account.” Senator Musa, on his part, noted that the process of restructuring had started with the Supreme Court verdict on local government autonomy.

“When you are talking about restructuring, we should be able to give the local governments the power to be able to run their administration, so that the impact of governance can reach the grassroots.” Similarly, Senator Nwoko said: “The local government system is almost dead, there is really nothing happening there, it is just as a mere third tier of government. So, any reforms that support what the Supreme Court had already done, will help to reintroduce the essence of having local governments.

“If we have an independent local government system and elections conducted by the Independent National Electoral Commission (INEC} for instance and they have their own money and they are able to take care of local securities and deal with hospitals and the rest of them, a lot will happen for good.

State creation

On creation of new states, Senators Nwoko and Izunaso maintained that creation of additional states in their geopolitical zones was long overdue. Izunaso said: “The most important agenda the South-East Caucus in the National Assembly has is to push for equity and justice. We need an additional state in the South-East, so that we come to terms with other zones in the country that all have six each.

A situation where the South-East has five states while others have six does not go well for balancing. “I believe that our colleagues from other zones will see reason why we need their support. There are bills in that regard, for instance, I have my own bill for the creation of Orlu State.

There are two other bills from our colleagues for the creation of two other states but we are going to sit back as a zone and harmonise our positions.” Nwoko, on his part, said: “The Anioma State creation for me is something that has to be done. If that is the only state that is created in this period, I will not be surprised. Agitation for Anioma State has been on for almost 50 years, it is the oldest agitation for a state.”

Regional government

A major issue that witnessed divisive debate among senators during the retreat was the proposed return to regional government. Southern and Northern senators sharply disagreed over the proposal.

While senators from the northern part of the country who spoke on the issue opposed it, their southern counterparts described it as a welcome development that will improve the economy, tackle insecurity and fast -track infrastructural development. However, the Senate Leader, Bamidele, assured Nigerians that the issue of regionalism is not part of the on-going review of nation’s constitution.

Speaking on the issue, Senator Abdul Ningi (Bauchi Central), told journalists that his people will not support the idea because they did not enjoy any form of development when the regional system of government was practiced in the First Republic. He said: “I have heard so much about regional government or federalism, and I have heard people going about, canvassing for such ideas. For a start, no matter how you see it, the current document (1999 Constitution) is still the grundnorm.

It has also stipulated how it is going to be amended. “Having said that; it is also imperative to also know that it isn’t just enough for anybody to come and say he is the representative of one ethnic group or another at the National Assembly. The question that arises is: When was this mandate canvassed? When was it received? You are a representative of a particular ethnic group in Nigeria; at what time were you given mandate to canvass that?

“The only people that are given this mandate to look at the constitution and amend it, are of course, members of the National Assembly. Therefore, it is important for those who go about selling these ideas, false ideas in my opinion, that they are representatives of the people to let Nigerians know where they are coming from and in whose mandate and when was this mandate given to them.

“We have seen how the regional government was operated in the past. My part of the country that I am representing didn’t enjoy the development of that so called regional government that was based in Kaduna. We aren’t going back there again! I am speaking for my senatorial district. It is either the Nigerian federation or nothing.

We can’t go along; my senatorial district will be satisfied independently with Nigeria, if that is what is required. “As far as regional government is concerned, my constituency, my people aren’t for it. What we need is the reform of the current Federal Government structure and fiscal federalism because there is nothing like true federalism.”

Senator Musa, in his contribution, advised Nigerians against mistaking the establishment of zonal development commissions for regionalism. According to him, the various geo-political zonal development commissions were strictly for the social and economic development of their areas. Similarly, Senator Ndume said the idea of true federalism is no longer fashionable because many countries in Africa have discarded it.

He, therefore, advocated the creation of strong institutions that will enhance good governance and curb corruption and insecurity. Senator Muntari Dandutse ( Katsina South), also disagreed with proponents of regional government, saying the essence of the review is to improve on the defects and anomalies discovered in the nation’s constitution over the years.

Senator Buhari, in his contribution, disagreed with those condemning the regional system of government, saying: “Recall that the regions were able to harness their resources in the First Republic. We were able to harness all our resources. There was no dominance of a particular resource. “In those years, the North was known for the pyramid of groundnuts, the West was known for cocoa, so we should be able to do that. When you make the centre less attractive, you cut off corruption.

You can’t wipe it off, but you can cut it off because there is what is called, watch your team. People will watch their team within their locality or within their region.” However, the Leader of the Senate, Bamidele, who noted hat the issue of regionalism could not be changed through constitution amendment, said: “There are some decisions in the state of which an executive bill cannot come to the parliament unless there is political consensus.

“For me, going back to regional form of governance is something that will go beyond a bill being sponsored either as a parliament member bill or as an executive bill. It’s also not something that you organise a public hearing to take a decision on. “As a parliament, you cannot discard the entire constitution. Nigeria needs a new constitution because this constitution cannot work. It’s easy for people to make such arguments, but that is not something we can sit down in parliament and do.

“So, we are not changing the constitution because that will require a political consensus, and that will also require the buy-in of the Nigerian people themselves. I mean, why is it so difficult to amend even one section of the constitution, not even talk of discarding the entire constitution? “To amend a single provision in the constitution today, the National Assembly, all chambers will have to go through this entire process we are going through, which we go through in every legislative Assembly, and many of you have been a part of this process.”