Northern Delegates Forum Open Letter to Chairman on Constituion, Referendum et all. AN OPEN LETTER NORTHERN DELEGATES FORUM NATIONAL CONFERENCE, 2014, NJI COMPLEX, ABUJA August 12, 2014 The Chairman, National Conference, Abuja, Dear Sir NEW CONSTITUTION, REFERENDUM & ADOPTION OF CONFERENCE REPORT: ISSUES OF SERIOUS CONCERN You may recall that on June 30, 2014, while making observations on a matter of urgent public interest and national importance which touched on the integrity of conference proceedings, a member drew the attention of delegates to series of publications in the press alleging that the leadership of Conference was lobbying members to adopt a new constitution. Arising from debates on the matter by members and explanations from members concerned, the Leadership assured delegates that it knew nothing about the existence of any constitution or a hidden agenda, whereupon, Conference resolved to close the matter. To our utter shock, astonishment and surprise, the Secretary of the Conference distributed an assortment of documents including one entitled “Report of the National Conference, 2014 DRAFT CONSTITUION” which is also accompanied by draft Bills to promulgate into law the “CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 2014” We hereby categorically state that our members are not party or privy to any decision and certainly did not participate in any processes or proceedings to draft a constitution or Bills. Quite on the contrary, we have, in no uncertain terms, expressed our objections to any such project under any guise. Moreover and to the best of our knowledge, we are unaware that the Conference has, whether at plenary or committee stages of its work, taken a decision to draw up a draft constitution, authorized or tasked any of its Committees, delegates or the Conference Secretariat to do so. In view of this, we hereby dissociate ourselves from and totally reject the Draft Constitution already circulated. Furthermore we wish to formally notify you that our members condemn the brazen attempt by the Leadership of the Conference to impose on us a Draft Constitution whose ownership and knowledge the leadership has denied and which is not attributed to any person. It is a document whose authorship we absolutely have no hand in. In our view, the draft constitution circulated is a document of dubious and questionable origins. By our assessment, the content of the Draft Constitution is replete with extraneous matters and issues that bear no relations to the resolutions adopted by Conference and many of which are at variance or in conflict with Conference resolution or in respect of which no decision has been taken. For sample particulars of some extraneous issues, Inconsistencies and unsubstantiated inclusions and exclusions contained in the Draft Constitution refer to Sections 2(A) at page 12; 8(1) (h), 8 (2) a – h at page 15; new section 9(2) a – c at page 19; new section 162(1A) and 5(A) at page 143; and the deletion of section 315 at page 266. These various provisions pertain to issues of State Constitution, boundary adjustment, referendum to adopt Constitution, funding for Local Government Areas, and deletion of Land Use Act and the abrogation of all existing laws, which the section has entrenched and saved respectively. We are opposed to the draft being considered by the Conference for the following additional reasons: 1. The National Conference comprises unelected members, its composition has violated universal democratic principles and is, hence, unrepresentative. As a consequence, delegates cannot claim to be speaking for the people. 2. Having been established by executive fiat, the Conference lacks the necessary democratic credential, legitimacy or legal or constitutional basis or mandate to assume the exercise of the sovereign will of the people or purport to behave as a Constituent Assembly 3. It is incontrovertible that the Constitution of the Federal Republic of Nigeria, 1999 contains, very clear provisions, under section 9, and has spelt out explicit rules to govern specific steps to follow to alter its provisions, including the adoption of an entirely new Constitution if deemed desirable, 4. The procedure for any alteration does not envisage or recognize “referendum” as a mechanism for bringing about any change to the existing Constitution or the adoption of a new one. 5. Moreover, for any alteration to the constitution to be legitimate or credible, it must be validated by the concurrent adoption of the National Assembly and the resolution in support of 2/3 (24) of the Houses of Assembly of the States where this is assented to by the President. 6. It would be a ridiculous perversion of all known constitutional and legal norms for the Conference to purport to consider or adopt the Draft Constitution without being clothed with necessary mandate and in total disregard or violation of the existing legal and constitutional order. 7. It excites our curiosity to wonder why anybody would seek to adopt a purported Constitution whose effective date is 2014 during the currency of incumbent elected officials in clear violation of the existing constitution under which they have been elected and which they have sworn to abide by, uphold, and defend This would amount to a blatant subversion of the existing constitutional and legal order. 8. As proposed, the draft Constitution of the Federal Republic of Nigeria, 2014 has negated or preempted and dispensed with all due processes related to, for instance, the creation of new States by inserting those proposed without meeting any of the objective criteria set by conference and in the absence of proper boundary demarcation and/or obtaining the consent of affected communities. This is without prejudice to acknowledging the fact that Conference has adopted resolutions for the creation of the named States, which we support in principle. PRAYERS: 1. We call upon the leadership of the Conference to discountenance and withdraw the Draft Constitution of the Federal Republic of Nigeria, 2014 and the accompanying Bills, which have been circulated. 2. We urge the Conference leadership to table the Draft Conference Report which contains only the resolutions openly and officially sanctioned and adopted by delegates for validation and adoption as provided for under the National Conference Procedure Rules, 2014 and as envisaged in the Work Plan adopted 3. For the avoidance of doubt, we shall not be a party to the adoption of the report or any part thereof by voice vote. We urge the leadership of the Conference to be strictly guided by the Conference Procedure Rules, 2014. Signed IGP Ibrahim Coomasie (rtd) Gen JT Useni (rtd) Co-Chairman Co-Chairman
Posted on: Wed, 13 Aug 2014 06:00:04 +0000
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