EditorialTHEWILL Editorial: On The Amendment Of Nigeria's 1999 Constitution

THEWILL Editorial: On The Amendment Of Nigeria’s 1999 Constitution

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BEVERLY HILLS, August 01, (THEWILL) – The recent amendments to the 1999 Constitution of the Federal Republic of Nigeria by the National Assembly have generated a backlash. This is understandable because the lawmakers defied popular opinion while voting on some of the amendments.

Given that the call for restructuring has permeated the country, the move by the National Assembly gave a lot of Nigerians no reason to cheer. Already, it is being said that the amendments were only done to further the interests of the lawmakers, as well as a section of the country.

These reactions are expected considering that the 33 issues that formed the crux of the amendments are germane to the well being of the diverse ethnic groups that make up the Nigerian state, and are held dearly by them.

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Although, the yearnings of Nigerians is for a brand new Constitution which would save the country the growing wave of agitations against some sections of the military-fashioned Constitution, there are some gains in the latest Constitution amendments.

For instance, the issue of financial autonomy for local government councils is apt and highly needed at a time like this when the third tier of government has become a shadow of its former self. We therefore commend the federal lawmakers for voting in support of councils’ autonomy, particularly as regards their finances.

If local councils were allowed to have separate accounts, they would be more involved in developing the grassroots and give the people more reason to monitor spending of funds in their coffers. This amendment would also save council chairmen and councilors from arbitrary dissolution of local government executives by state governors.

Another highlight of the exercise is independent candidacy, which would address the plight of aspiring politicians who are most frequently edged out by their party leaders who go ahead to impose their stooge on the masses. Past elections in the country have been dogged by this practice as evidenced by the resultant court cases.

Again, seeking public offices through political parties is another reason why electioneering in this country is very expensive. This is because the cost of buying declaration of interest and nomination forms of some political parties is enough to prosecute the realisation of some political ambitions. Hence, this amendment, which allows aspirants to run for offices without being sponsored by a political party, is highly welcomed.

Meanwhile, THEWILL considers the rejection of the devolution of powers from the federal government to the federating units as insensitive to the growing debates across the land that the nation be restructured to allow states more powers as the federal government is apparently overburdened.

The assurance by the Senate President, Bukola Saraki that the Senate may reconsider the clause in the future is a fallout of widespread criticisms caused by the lawmakers’ refusal to decentralise power. Since they cannot be wiser than a good number of Nigerians, including former military president, Ibrahim Babangida and ex-vice president, Atiku Abubakar, who have joined in calling for a restructured Nigeria, the federal lawmakers must toe the line of the majority in the spirit of democracy.

On a clause-by-clause basis, we agree with the amendment which seeks to empower the Independent National Electoral Commission, INEC, to deregister political parties that fail to win at least a councillorship seat. This would prompt smaller parties to work harder, rather than receiving financial support from the electoral body without working assiduously to win voters’ confidence.

THEWILL also supports the amendment to fix a time frame for the president and governors to appoint ministers and commissioners respectively after their inauguration into office. This will end the practice whereby a president would run the country for over six months without ministers, as was the case with President Muhammadu Buhari, or governors running their states for over three years without commissioners, as done by Governor Rauf Aregbesola of Osun State, among others.

Also in order is the amendment to set a timeline for electoral disputes to be resolved. If adopted, it would eliminate a situation where litigations arising from electoral disputes would run almost to the end of the duration for the electoral office in question.

One issue that created a rowdy session was the proposal to make married women decide where to choose as their state of origin or indigeneship. Rather than have this amendment approved, THEWILL supports the removal of the indigenization (state of origin) law entirely from the country’s constitution to allow people adopt, live freely anywhere in the country and also be able to easily aspire to politically represent the place of residence in whatever capacity.

We disagree with the National Assembly that the Land Use Act is allowed to remain as it is. It was a selfish decision given the sweeping powers of the executive over land use. Land ownership should be decentralized to allow owners to make more valuable use of their land to the benefit of the society.

Also very contentious and insensitive was the lawmakers’ rejection of resource control. It is like swimming against the tide for them to have rejected the sensitive issue at a time when agitations for restructuring are making waves across the nation. The lawmakers should have used the amendments to define what is more appropriate in the different calls for restructuring: fiscal federalism or resource control.

THEWILL urges the National Assembly and their counterparts in the states to take a very broad and dispassionate look at these issues and endorse them as suitable for the country. Perhaps, this is the time too, for the lawmakers to consider the relevant sections of the 2014 National Conference for the unity of the country, where all in the union will have equal rights.

While we call on everyone who has a part to play in this constitution amendment process to be guided by patriotism, THEWILL insists that the numerous amendments to the 1999 Constitution by the National Assembly at a stupendous cost, is a pointer to the fact that the document needs to be jettisoned altogether for an entirely new Constitution. Efforts should rather be geared towards this for the survival and prosperity of the country.

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