The new constitution being awaited by Nigerians finally unfolded on Friday with the submission of the output of the state houses of assembly votes on amendments to the 1999 Constitution. One of the highlights of the proposal in the constitution amendment is the rejection of financial autonomy for the 774 local governments in the country. About 23 items already amended by the National Assembly in the constitution, was in October this year, transmitted to the state Houses of Assembly. The items required concurrence from 2/3 of the 36 states Houses of Assembly in line with constitutional provisions. Among the items forwarded to the state Houses of Assembly for the required concurrence, were proposals for financial autonomy for local governments as against the joint account stipulated by the 1999 Constitution, financial autonomy for state Houses of Assembly, separation of office of Attorney General of the Federation and that of the Minister of Justice, ditto for offices of Attorney General and Commissioner for Justice in the states. At the presentation of reports of the Conference of Speakers of State Houses of Assembly on the constitution review bill on Friday, chairman of the conference,Hon. Samuel Ikon, declared that the state legislators had this time around agreed to financial autonomy for the state Assemblies, as well as the separation of the Office of the Minister of Justice from that of the Attorney General of the Federation. but was silent on what happened to the proposal on local government autonomy. Ikon the Speaker of Akwa Ibom State House of Assembly added that the required concurrence from at least 24 of the 36 state Houses of Assembly was also given to the constitution amendment proposal for the separation of offices of the Attorney General and that of the Minister or Commissioner of Justice at both the federal and state levels but was not forthcoming on that of local government autonomy. According to Ikon, the outcome of the houses of assembly voting on the amendments will strengthen democracy as he argued that amendment to the constitution was a continuous process. While commending the National Assembly on the amendment process, the speaker said the outcome of the voting would give Nigerians the assurance of a promising future adding that having played their own part, it was left for posterity to judge them fairly. “Today, I am happy to inform you all with these resolutions we are transmitting to National Assembly, that we have stood on the side of the people and acted to further deepen democracy in our country. “We have specifically concurred to the need for financial autonomy for state Houses of Assembly, separation of the office of Attorney General and that of Minister of Justice at both the federal and state levels etc.” In a subtle confirmation that the request for local government autonomy was jettisoned by the state legislators by way of non-concurrence in the report they submitted, the Senate President, David Mark, in his remarks after receiving the report commended the state Speakers for concurring to financial autonomy for state Assemblies but said that if the local government autonomy is not achieved this time, it can again be represented in future through similar process. He said: “I appreciate the fact that we have amended some aspects of the constitution and that we are going to amend some aspects of the constitution based on what we have drafted but let me make one point clear, it doesn’t matter how many times we amend the constitution, it doesn’t matter how often we rewrite the constitution unless the operators are prepared to go by the constitution. “So the exercise is not just a matter of amendment but we the operators, Nigerians must also be prepared to adhere strictly to the constitution. That is the critical aspect of it, it is not constitution amended to serve any particular section, or a constitution to be obeyed by a section of this country or any group of Nigerians. “It is a constitution that is binding on all of us irrespective of our position in the society, irrespective of our position in the country. So, we the operators are very important and we are key in the working of the constitution. “I have not read the areas that you have got more that the required percentage. So I can’t make any comment on it but the Speaker of Akwa Ibom State said that the one of state legislature has passed the required test; in other words, the financial autonomy of the state legislature. I think that was one of the areas in the first amendments, the state Assemblies did not have the courage to do but I must congratulate you for the courage. “One of the areas, which I think we asked you to approve also, is the local government autonomy. I don’t know if you had the courage to do that, but if you have not concurred to it now, no problem, it is a continuous exercise, it shall be represented in subsequent exercise later.” Aside the rejected local government autonomy, it was not clear whether the state Assemblies concurred to other salient items like independent candidacy, conferment of immunity on lawmakers in respect of words spoken or written in the exercise of their legislative duties through amendment of section 4 and also amended section 9 of the constitution which if it had been concurred to, Mr. President would have no need to assent to the already finished alteration exercise. In his remark, Senate President David Mark who received the document from Ikon recalled how he told the speaker on October 28 that the National Assembly had no hidden agenda regarding the amendment. According to him, what they transmitted to the states were the wishes of Nigerians which he said they gathered during public hearings conducted across the zones of the federation. Mark, who expressed delight in Ikons disclosure that the state legislatures had passed the autonomy for houses of assemblies, added that if they failed to approve autonomy for the local government, the National Assembly would still sustain the amendment process until common sense prevails. While remarking that no further amendments would be carried out by the seventh National Assembly, Mark commended the states for promptly concluding decisions on the amendments, promising that the National Assembly would also promptly collate the votes by each house with a view to determining which of the amendments scaled through or not. He also noted that constitution amendment would be a futile efforts if operators of the constitution fail to adhere to its provisions as he noted that provisions of the constitution must be binding on all and sundry. Also speaking, Chairman of the Senate Committee on the Review of the Constitution, Ike Ekweremadu, said the drive to amend the constitution was borne out of the desire to meet the yearnings and aspirations of Nigerians. According to him, when the people are not carried along in the process of producing a constitution, they will not be obliged to support it adding that the durability of a constitution depends on the degree of public support for it. Ekweremadu, who is also the Deputy Senate President, added that the current constitution amendment would go a long way in enhancing institutional and legal reforms. He said: “The bill you have transmitted to us today is a culmination of the will of the people of Nigeria. The legislature has long recognised that to secure the future of Nigeria, it must produce a Constitution that would meet the aspirations and needs of Nigerians and that which will facilitate national development in an equitable manner. Durability of constitutions depends on public support as citizens and the public are less inclined to support a constitution without their input. There is no doubt that broad citizens’ participation, which was the mainstay of the review process has added value to the democratic process and improved the quality of governance. It can be gleaned from the resolutions you have transmitted to the National Assembly today that the amendments set out institutional and legal reforms, which together with sufficient political will, may help to provide for constitutional and other legal guarantees for the practice of true federalism; provide for accountability and transparency in governance; and, create an independent judicial system that would ensure the proper administration of justice in Nigeria. In his own speech, Chairman of the House Committee on Review of the Constitution, Hon. Emeka Ihedioha, expressed hopes that the resolutions of the houses of assemblies would meet the aspiration of Nigerians. Ihedioha, who is also the Deputy Speaker of the House of Representatives, assured that the National Assembly would abide by the outcome of the states voting. We shall carry out this final exercise with dispatch particularly given the limited time in the life of the current assembly. We hope that the resolution reached on the bill by the houses of assemblies of the states would meet the expectations of Nigerians on the key issues that were affected by the exercise. We are justifiably proud of the work done by the National Assembly contained in the proposals sent to the state houses of assemblies for their approval or rejection as the case may be. Whatever the outcome of the returns from states, we will accept it as the inevitable consequences of running a federation where the input of the states is a critical requirement. Indeed, the process of amending or altering the constitution is a continuous one. It does not end with this one, Ihedioha noted.
Posted on: Sat, 20 Dec 2014 22:07:00 +0000
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