MEMORANDUM FOR SENATE PUBLIC HEARING COMMITTEE BY (PIDAN)

 

PIDAN’s Memorandum

A Memorandum Submitted by The Plateau Initiative for the Development and Advancement of the Natives (PIDAN) to the Senate Public Hearing Committee on the Review of the 1999 Constitution held in the North-Central Zone at Jos, Plateau State, Nigeria.

26th May 2021

 

Introduction

With deep sense of honour and privilege, the Plateau Initiative for Development for Advancement of the Natives (PIDAN), a body committed to the defence, protection and projection of the interests of the indigenous people of Plateau State, considers it imperative to make this submission to your Committee.  We wish to seize this opportunity to applaud the National Assembly for their passion and commitment to see that Nigeria gets its constitution amended to meet the yearning and aspirations of its people given the plethora of issues occasioned by the operation of the current constitution.  The zonal arrangement of the public hearing strongly suggests that your Committee is committed to a people-oriented exercise. As active participants in all manner of efforts with potentials to facilitate the realisation of the Nigerian project, PIDAN wishes to humbly make the following submission on the outlined areas of interest as stipulated in the Committee’s guidelines on presentation at the public hearing:

1 Gender equity, increased participation of women in governance

Globally, women have demonstrated sound ability to provide effective leadership in all spheres of human endeavour and their performance in leadership positions have surpassed that of men in numerous instances even in our Country. We strongly recommend that Nigeria should strictly adhere to the provisions of international conventions on women participation in politics, governance, security and family life.  The protection of women rights should also be enforced.

2 Federal structure in governance and power devolution.

The federating units should be states with three additional states created in each geopolitical zones to cater for the ethnic minorities.  Exclusive list for the Federal Government in the Constitution should be reduced to the barest minimum while the concurrent list is enlarged and shared with more powers to the regions, states and LGAs.  Also, equitable criteria for the delineation of Federal constituencies within the regions, states and LGAs be provided.

3 Local Government Administration and LG autonomy

We welcome the proposed autonomy for the Local Government Areas. However, LGAs should be listed in the Constitution in manner that allow State creates viable LGAs based on popular demand and compliance with prescribed criteria including demography, peace, security, economic indices and predictable sustainability.

4 Public revenue, fiscal federalism and revenue allocation 

True federalism requires that each state should explore its opportunities for internally generated revenue (IGR) through the development of her economic potentials and remit 20 and 10 percentages of her earnings to the Federal Government and Regions respectively. This should be practiced within a transition period of 20 years while we retain the current revenue sharing formulae to enable states develop their economic bases. 

5 Constitutional provision for the establishment of a State Police 

The Constitutional should provide for the establishment of State Police, LGA and Community police. 

6. Judicial reform: adjudication of election and pre-election matters and other justice delivery concerns 

The status quo should be maintained with little modifications about timelines. Contestants to political offices should apply and present tax and anti-corruption clearances. CSOs should be represented at the INEC Commission.  A national court should be created to adjudicate on election matters to free the regular courts of such cases and to enhance dispensation of justice Also internal democracy must be institutionalised by making laws that throw up visionary leaders with clear action plans to sell to the electorates 

7 Electoral reforms that will make INEC deliver transparent, free and fair elections, political parties, independent candidate and election management 

Replace State electoral bodies and give their powers to INEC.  Citizens should be allowed to form political parties to contest state and local government elections. Such local political parties should be allowed to partner with national political parties to contest national elections. The constitution should make provision for independent candidates who may not want to contest on any party platform but may wish to set up their structures to contest elections at any level. The engagement of Civil Society Organizations by INEC to assist with elections monitoring should also include relevant Community-Based Organizations (CBOs) such as development associations.

8 Socio economic rights as contained in chapter two (11) of the constitution 

The social rights in chapter two of the constitutions should be reviewed to incorporate essential rights of the indigenous people as contained in the UN General Assembly Resolution 61/295, 107th Plenary Meeting, 13 September, 2007. These rights should enforceable. 

9 Residency and indigeneship 

The Constitution should adopt the Rights of Minorities and Indigenous Peoples as stipulated in the United Nations Declaration on the Rights of Indigenous Peoples.  (UN General Assembly Resolution 61/295, 107th Plenary Meeting, 13 September, 2007).

10. Immunity: removal in the prima facie criminal cases

We recommend removal of immunity in cases of crimes against humanity and high-level corruption in the region of half a billion Naira and above. In such cases the elected official steps aside and justice should be given within six months. 

11. Timeline for accent of bills and passage of appropriation bill. 

The timeline for passage of appropriation bill should be adequate enough to allow for full citizen participation at all levels and popular consultations at the various levels. Proper synergy with relevant parastatal is essential for success. The timeline for accent of the bills should be explicit and appropriate sections be prescribed to safeguard against unnecessary delay. 

12. State and Local Government Creation 

States should be created by the Federal Government while Local Government should be created by the States. The constitution should set out parameters for the creation of states and Local Government Areas.  Such parameters should include demography, IGR potentials, economic sustainability, peace and security as well as criteria for determining a failed LGA or State and what to do with them. 

13. Strengthening the independence of institutions like offices of the Account-General of the Federation, Auditor-General of the Federation and Attorney-General of the Federation. 

The independence of these institutions should be strengthened by allowing professional bodies powers to nominate and recall ineffective professionals from such offices. A transparent nomination process should be outlined in the Constitution. 

14.  FCT Administration 

The FCT should be accorded a state status with an elected mayor governing it. Whereas any Nigerian living in the FCT is allowed to contest elections into FCT, at least 50% of appointive positions should be reserved for indigenes of the FCT. This provision should apply to all metropolitan areas to preserve indigenes rights to participation in governance in the face of overwhelming migration of other persons to cities that may jeopardised participation of indigenes in governance. Parameters for delineating such metropolitan areas should be defined in the constitution. 

15. Legislature and Legislative Bureaucracy 

The financial independence of the legislature should be assured by entrenching the requites constitutional provision. Also, legislative commissions should be strengthened to effectively support the legislature.  There is need to tame corruption in the execution of constituency projects. Legislators should be allowed to recommend constituency projects but they should never be the contractors or financiers. Execution of constituency projects should be handled by the executive arm of government. 

The Country experience over the years has clearly shown that the bicameral legislature is too expensive. We recommend a disbandment of the lower legislative house and retention of a single legislature at the Federal level, which should be the Senate. 

16. Constitutional roles for traditional rulers

Traditional rulers should have quasi-judicial and administrative powers to govern their domains. They should have powers to constitute different advisory councils by leveraging on professionals in their communities to advise on security matters, adjudicate on land and cultural matters and provide certain level of sanctions that may be ratified by lower courts. Members of the advisory councils shall be entitled to sitting allowances. 

17. Any other issue that may promote the unity of the Nigerian nation

Relevant Ministries, Departments and Agencies of the Government should be adequately funded and directed to engage citizens in governance, value representation and give power to the voice of citizens in public policy formulation and implementation. 

There is a need for a constitutional conference rather than a review that would allow Nigerians representing various interest groups but most importantly representatives of the Indigenous Nationalities to produce a constitution to replace the current constitution and give all Nigerians a sense of belonging and engender profound unity.