Features
Constitution Review: The Issues, The Stakes
“If we fail in finding a solution to our political and constitutional problem, then anybody can say that Nigeria will soon come to an end. Everybody will go on his own way.”
-Late Chief FRA Williams (SAN).
The rationale behind the above view expressed by the late legal luminary while presenting an amendment bill proposed by a group of eminent Nigerians under the aegis of PATRIOTS in the year 2001 still subsists till today. This is because the 1999 Constitution is fraught with many inadequacies and contains some ambiguities and rough edges which need to be straightened and sharpened.
And since 1999 when the constitution came into operation, it has generated a lot of controversies among Nigerians, especially among the six geo-political zones of the country. But for the judiciary which has helped to illuminate some of the grey areas and dark alleys of the constitution, Nigeria perhaps would have been throw into deep constitutional crisis.
In a book written by Chief Omowale Kuye, former permanent secretary and Director of Budget during the Babangida regime titled “A review of the 1999 constitution of the Federal Republic of Nigeria,” Chief Kuye stated that the 1999 Constitution is the strangest federal document ever produced anywhere in the world. It was in realization of this that several attempts have been made to review the 1999 Constitution. The first attempt was in 2001 when former President Olusegun Obasanjo set up the presidential committee on the Review of the 1999 Constitution. This exercise was, however aborted.
Another attempt was made in 2006 when the Senator Ibrahim Mantu led Constitution Review Committee gallivanted around the six geo-political zones in the country collating peoples’ views on the areas of amendment in the 1999 Constitution. Sadly, the zonal presentation of what later appeared as an orchestrated amendment turned out to be a grandiloquent deception, while the Mantu led review committee itself was a fool’s errand, or better still a carrot used to keep politicians busy and perpetuate Obasanjo’s government in power under the guise of ‘third term.’
Recently however, another constitution review committee headed by the Deputy Senate President, Senator Ike Ekweremadu was inaugurated by President Umar Musa Yar’Adua. The brief of the committee was to look at the 1999 Constitution, and with a tooth comb, fish out grey areas that require amendment for the good governance of the country.
Two weeks ago, the Ekweremadu led Senate committee embarked on the zonal public hearing on the review of the 1999 Constitution. At the two day South-South public hearing in Port Harcourt on December 14 and 15, some of the issues that generated public concern and discontent include electoral reform, system of government, power succession, inequitable number of States, power and revenue sharing, resource control, Land Use Act and the problem of militancy in the Niger Delta, among others.
In the submission of the government and people of Rivers State, they faulted Nigeria’s system of governance, describing it as unitary. In the submission presented by the Rivers State governor, Hon. Chibuike Rotimi Amaechi, the Rivers people contended that the present system of governance concentrates enormous power on the federal government to the detriment of the State governments. They hinged the thrust of their position on the need for Nigeria to practice true federalism whereby the federating units would be controlling their resources and pay taxes to the central government. They therefore urged the constitutional review committee to amend section 44 (3) and the proviso to section 162 (3) of the 1999 Constitution which vest the control and management of every resources under or upon any land in Nigeria, or in, under or upon the territorial waters on the federal government.
Delta State in its own submission also argued that the overbearing unitary provisions of the 1999 Constitution diminishes substantially the spirit and letters of the federalism, as envisaged by the founding fathers of the country; and that it has left the States of the Niger Delta prostrate and appendage of the federal government. The State therefore demanded for the radical review of the 1999 constitution, especially sections 4, 5 and 6 and all obnoxious laws such as the Petroleum Act and the Land Use Act, etc to enthrone true federalism and fiscal federalism.
Resource control in particular has been a major source of disagreement between the Niger Delta States and the federal government, and for which many indigenes of the area including the reknown environmentalist, Ken Saro-Wia have paid the supreme price. The 1999 Constitution does not provide enough autonomous for State governments and their people to control their natural resources. There is also insufficient legal framework to promote and sustain the socio-economic aspiration of the people and environment.
Another issue that generated concern of the South-South people is the Land Use Act. Section 315 (5) of the Constitution puts the Land Use Act as well as other laws mentioned therein, on the same level as the Constitution such that they can only be amended in accordance with the provisions of section 9 (2) of the 1999 Constitution.
In a presentation made by the Ijaw National Congress (INC), it demanded the expurgation of section 315 (5) and the Land Use Act from the 1999 constitution.
According to the INC president, Dr A. W. Obianime (JP), it was undemocratic to dispossess Nigerians of their lands through the instrumentality of what he described as a “wicked Land Use Act.”
The Rivers government in its own views proposed that the saving provisions of section 315 (5) as it relates to the Land Use Act should be amended, by deleting section 315 (5) (d) of the Constitution.
On the local government reforms, the South South contends that since the local government areas (LGAs) fall within the territory and control of the States, the State governments should have powers to create local government areas as they dim fit without recourse to the National Assembly as is presently provided for in the 1999 Constitution. The Rivers State government therefore urged the Constitution Review Committee to amend sections 3 (6) and 162 (3), while section 162 (5 & 7) be deleted.
The Nigeria Labour Congress (NLC) anchored its own submission on electoral reform. According to the NLC, the 1999 Constitution should be amended to ensure transparency of the electoral process, right from the composition of the electoral commission, the registration process, voting procedure, custody of the electoral materials after election, among others. It said that because the composition of the electoral commission is “crucial to the conduct of a legitimate, credible, acceptable, free and fair election,” the commission should be genuinely independent and autonomous, while the commission’s financing should be charged to the consolidated revenue fund.
This position was supported by a non-governmental organization, Coalition for Change. The coalition said that the INEC should be made a national body, (and not a federal executive body) that would not be subject to manipulations, whims and caprices of either the president or the political party in power.
The NLC added that because the existing voting procedure is fraught with many inadequacies and open to fraudulent manipulations, the modified open-secret ballot system should be adopted, where voters would be counted to ensure that the number of voters do not exceed the accredited voters.
The Delta State in its own views on the electoral reform, posited that sections 178 and 179 of the constitution be amended such that the election of a governor would be conducted by the Electoral Commission, while electoral disputes relating to the election of State governors would be resolved by State Electoral Tribunal, with the High Court as the appellate and final court to determine electoral disputes.
Other identified shortcomings in the 1999 Constitution include sections 68 (1) (g) and 109 (1) (g) which provide for cross-carpeting to another political party after a person had been elected on the platform of a political party. The Coalition for Change, in its proposal said it is immoral and unconscionable to transfer the mandate given to one political party to another party that was defeated in an election. It contended that the mandate given by the electorates belongs to the political party and not the individuals and therefore cannot be transferred.
According to the coalition, the hopes, ideals and aspirations of the electorates would be dashed when the persons elected on the platform of a particular political party decamp to another party. It therefore sought the amendment of sections 68 (1) (g) and 109 (1) (g) of the 1999 Constitution.
The clamour for the federal legislature to address the shortcomings in the Nigerian constitution has been a growing one dating back to the inception of the current democratic dispensation. And the Deputy Senate President accepted that previous attempts by the National Assembly to amend the 1999 Constitution had been unsuccessful. The just concluded zonal hearings across the six geo-political zones in the country therefore were to give the Nigerian people, especially the people at the grassroot a renewed platform to once again ventilate their views on the 1999 Constitution.
But wouldn’t the Ekweremadu led Senate committee fall into the pitfalls of past exercises? This is a question only time can answer.
Boye Salau
From the fore going, the fight against drug trafficking should be treated as an international challenge with open collaboration, if the world leadership must win the fight!.
The circumstances or should I say the improvement on drug related activities are modifying and updating on daily basis. A close friend of mine in the United States of America who recently visited Jamaica, came with a lot of complicated information about drug trafficking and transaction. Being a qualified Nurse in US and on a visit to the Reggae Country (Jamaica), she said she was put aback when a man approached her and introduced himself as a Pharmacist. According to her, she immediately picked interest due to her professional background. To her, a business partner is birthed. But she was shocked to the narrows on learning that drug dealers or traffickers and subriquited Pharmacist in that Country. From her account, they ( The Jamaican Pharmacists), are the first set to people to meet and greet you at the Airport. No government or authority challenges them in the open due to the sophisticated nature of their transportation
Come to think of it, who would want to attack a Pharmacist on duty? Nigerians are not left out in the improvement on drug deal. A chat with a confident in the National Drug Law Enforcement Agency ( NDLEA) Rivers State Command, so revealed. The Officer draw my attention to the movement of Dispatch Riders. He said part of the reasons they ride with almost speed equivalent of the thunder lightning, is to meet up with the appointment of delivering hard drug consignment to a client of theirs. According to him, those guys popularly referred to as Yahoo Boys are the ones who now payroll dispatch riders so that they can deliver their consignment ( hard drugs) on schedule no matter the sort of traffic or weather condition. The fear of loosing rich clients and that of the unknown treatment that may come of the Boys, as the officer puts it, drives the Riders crazy thus the reason to speed even at the expense of their lives.
The account of a prominent Party Promoter, Wayne Anthony, as obtained online recently, also pointed out that ‘No Legislation Will Stop Clubbers From Doing Drugs’ Party promoter, Wayne Anthony, arrived in Ibiza, a Spanish Island in 1988, at the same time as dance music and the party drug ecstasy. Despite hallucinating badly enough to make him give up the lifestyle forever, he says laws will never stop clubbers taking drugs. “I don’t think you can control these things,” said former party promoter Wayne Anthony. He arrived in Ibiza in 1988 and began setting up club nights and raves in some of the island’s most iconic venues. In the years that followed, the sleepy Spanish island turned into a raver’s haven of clubbing and hedonism, with party drugs like ecstasy commonly found. “What Ibiza represented was this beautiful, hot island which was visually stunning and we knew you could party there quite legally,” said Wayne. “You didn’t have to look over your shoulder. You could just be as free as you possibly could be.”
That freedom came with a price. Along with the lavish clubs, all-day-benders and hot Spanish sun came drug cartels and crime. The city transformed into one the world’s most vibrant party capitals, “fuelled by a dangerous and lucrative drugs trade which drew as many criminals to its shores as it did party animals”. Wayne, one of the contributors to the documentary, spoke to Sky News ahead of its release.”I’m not going to sit here and say the cartels aren’t there. They are all there and they’ve been there from the ’90s,” said Wayne. But he said most people tried to ignore the organised crime going on around them. According to Wayne, clubbers usually took the approach of: “‘Give me 10 E’s . Behind the scenes of the filming of Ibiza Narcos with Wayne Anthony. Behind the scenes of the filming of Ibiza Narcos with Wayne Anthony. Hallucinating giant spiders Although he described the Balearic island as the “motherland”, it was eventually a bad experience with drugs that convinced Wayne it was time to leave Ibiza.
He’d been partying for days when he realised he’d taken too many drugs. A friend told him to drink cough medicine, dangerous advice that he now says could have killed him. “I saw the worst hallucination I’ve ever seen in all of my life. I ended up locking myself in the villa with all the shutters down. When he sobered up, he realised he had “come to the end” of his party life on the island. “I never looked back. I never took another drug. I got away from the club world.” ‘I don’t think you’re going to be able to stop it’ Despite his life-changing experience, he doesn’t think criminalising drugs is a good idea – or particularly effective. “If you’re old enough to vote for who’s going to be a world leader, if you’re old enough to put your name down on debt for 25 years, I feel like you should be old enough to govern what you put inside your own body, you know?” said Wayne.
Back to Nigeria, some illicit drugs worth over N30billion seized at Onne Port in Rivers State.
This blood chilling development forced the Federal Government to declare a state of emergency at the Onne Port, following what authorities described as repeated incidents of importation of dangerous cargo, including arms and ammunition through the said port. To this effect, the government said it was immediately implementing emergency protocols at Onne Port for the next three months by conducting thorough examinations of all suspected containers in the premises.
The Comptroller-General of Customs, Bashir Adeniyi, in charge of the port via a press conference, said it henceforth, unveiled the seizures of illicit goods by the Nigeria Customs Service, Area 2 Command, Onne in Eleme Local Government Area of Rivers State. In defence for his action, Adeniyi said the recurring incidents posed a threat to national security, adding that the health of citizens at the Onne Port is increasingly being used as a destination for dangerous and illicit cargo, describing it as a disturbing trend.
The customs boss stated, “Earlier today, I joined numerous stakeholders to take a significant step towards the cause of trade facilitation through the inauguration of upgraded facilities provided by the West Africa Container Terminal, Onne. “As I express delight that trade facilitation is getting traction in Onne Port, I cannot help but call your attention to a grave concern. This has to do with the repeated incidents of national security breaches unfolding in Onne Port. I appreciate your presence, as we all have a shared responsibility in safeguarding our national security. As we are all aware, the policy thrust of Mr President supports the re-energising of our business environment to drive faster import clearance and grow our capacity for exports, Our emphasis has been to promote initiatives that speak to Trade facilitation and economic development. “It is a matter of regret that criminal elements in the international supply chain are exploiting our pro-trade stance to commit atrocities bordering on national security breaches”.
“The attempts to test our will through the importation of dangerous cargo through this port has necessitated the declaration of a state of emergency in Onne Port, coming on the heels of a seizure of a huge cache of arms a couple of months ago. It is disheartening that perpetrators have not backed down on their illegal acts. Recent intelligence and seizures have revealed a disturbing trend; Onne Port is increasingly being used as a destination for dangerous and illicit cargo. The scale and nature of these illegal importations pose a significant threat to our national security and the health of our citizens. Today, we are here to showcase yet another series of significant seizures made by the diligent officers of the Area 2 Command. On display are twelve containers of illicit goods intercepted through a combination of intelligence gathering, inter-agency collaboration, and meticulous physical examination. Seizures on Display include: Three (3) x 40-feet containers: Containing 562,600 bottles of 100ml cough syrup with codeine and 3,150 pieces of chilly cutters, with a Paid Duty Value (DPV) of N4,716,573,846.
“Others are, three x 40-feet containers containing 380,000 bottles of 100ml cough syrup with codeine, 24,480,000 tablets of Royal Tramadol Hydrochloride, 5,350,000 tablets of Tapentadol and Carisoprodol, and other items, with a DPV of N17,432,506,000 were seized”.
According to the report, more seized items were, “Five (5) x 40-feet containers; Containing 892,400 bottles of 100ml cough syrup with codeine, 1,300,000 tablets of 50mg Really Extra Diclofenac, 7,250,000 tablets of 5mg Trodol Benzhexol, and other items, with a DPV of N8, 128,568,295,90. This very action of the Nigeria Customs Service, further complicated the hope of how soon the fight against drug trafficking could be brought to a halt owing to its high profile nature.
Another hair-raising report of the illicit drug deal has it that when NDLEA bursted a Snake-Guarded Shrine Used For Storing Illicit Drugs sometime ago in Edo State. This very news report was published in The Tide Newspaper on June 24, 2024. According to the report, NDLEA said its operatives uncovered a shrine, guarded by a snake, being used for storing illicit drugs, during an operation in Edo State. The Agency in a statement by its spokesperson, Femi Babafemi, added that its operatives discovered a specially constructed large hole in a wall, hidden behind wallpapers and fetish objects used for drug storage. It further noted that methamphetamine, Loud, Colorado and Arizona, all strong strains of cannabis with a total weight of 8.743kg among others, were recovered from the shrine.
To be cont’d
King Onunwor
The persistent clash between farmers and herders in Nigeria has been a longstanding issue. These conflicts, often, over resources like land and water, have led to loss of lives, destruction of property, displacement of large numbers of people, deep-seated mistrust between communities and insecurity. Herders, traditionally nomadic, move their livestock in search of grazing land and water. Farmers, on the other hand, require the same resources for their crops. This competition often leads to clashes, especially in areas where land is becoming increasingly scarce due to population growth, climate change, and environmental degradation. As these clashes intensify, there has been a growing call for sustainable solutions. Two weeks ago, President Bola Tinubu took a bold step towards tackling the issue by inaugurating the Presidential Committee on Implementation of Livestock Reforms and creating the Ministry of Livestock Development.
The committee which has the president as the chairman and the former Chairman of the Independent National Electoral Commission (INEC), Professor Attahiru Jega as the deputy chairman has the mandate to address obstacles to agricultural productivity and open up new opportunities which benefit farmers, herders, processors, and distributors in the livestock-farming value chain as well as propose recommendations aimed at fostering a peaceful co-existence between herders and farmers, ensuring the security and economic well-being of Nigerians.The establishment of the Ministry of Livestock Development was part of the recommendations of the National Livestock Reforms Committee. Part of the 21 recommendations submitted to the president include: “This agenda should include the establishment and resuscitation of grazing reserves as suggested by many experts and well-meaning Nigerians and other methods of land utilisation.
“Create the Ministry of Livestock Resources in line with practice in many other West African countries. In the alternative, Federal and State Governments should expand the scope of existing Departments of Livestock Production to address the broader needs of the industry,” among others. Experts in the agricultural sector have posited that the livestock industry can create millions of jobs directly in farming, processing, and distribution, and indirectly in related sectors like feed production, veterinary services, and marketing. It provides livelihoods for rural populations, helping to reduce poverty and improve the quality of life in rural areas. It also increases the Gross Domestic Product (GDP) and foreign exchange earnings through the exports of livestock and livestock products such as meat, dairy, wool and leather.
According to them, a well-funded livestock industry supports the growth of agro-processing sectors, such as meat packing, dairy processing, and leather manufacturing, adds value to raw products and creates additional economic activity as well as stimulates the development of supply chains, including logistics, packaging, and retail, contributing to broader economic growth. It enhances economic resilience by diversifying the agricultural sector and providing a buffer against crop failures or other agricultural shocks and many more. Some other agriculturists have also opined that the livestock industry in Nigeria is currently underdeveloped and that by the creation of the ministry of livestock development will open up the industry which will be a huge money spinner for Nigeria.
Reports have shown that a Livestock Ministry can play a pivotal role in mitigating conflicts between farmers and herders by implementing policies and programmes aimed at fostering coexistence and sustainable resource management. The Ministry can work towards clearly demarcating grazing routes and farming areas. This would reduce instances of trespassing and accidental crop destruction, a common flashpoint for conflict. While introducing rotational grazing systems can ensure that land is used sustainably, preventing overgrazing and land degradation, establishing water points and boreholes specifically for livestock can reduce competition for water resources. Similarly, promoting the development of pasturelands through reseeding and controlled burns can improve grazing conditions.
According to a veterinary doctor, Dr Andrew Obadiah, by providing training for herders on sustainable livestock practices and for farmers on conflict resolution, both parties can understand the importance of coexistence. He said that extension services of the ministry can offer advice on improving livestock health and productivity, reducing the need for large herds and extensive grazing. “Setting up local committees involving both farmers and herders to mediate disputes can provide a platform for dialogue and peaceful resolution. Encouraging community-based conflict early warning systems can help prevent clashes before they escalate”, he emphasised.For Mrs. Stella Ugwu, a farmer, having a ministry dedicated to the development of the livestock industry can help in diversifying income sources for both farmers and herders and in turn reduce dependence on land.
”For instance, promoting agro-pastoralism can provide farmers with livestock and herders with agricultural produce”, she explained, adding that providing incentives for adopting sustainable practices, such as subsidies for fodder production or crop insurance, can ease economic pressures. Ugwu was however of the opinion that the creation of a new ministry to handle livestock affairs was uncalled for, since the job can effectively be done by the Technical and Service Department of the Federal Ministry of Agriculture and food security and its equivalent on the states level.In some countries, the establishment of a Livestock Ministry or similar bodies has shown promising results. For example, Ethiopia’s Ministry of Agriculture includes a dedicated department for livestock which has successfully implemented programmes to improve pastoral livelihoods and reduce conflicts.
In Kenya, the establishment of the National Drought Management Authority has helped manage resources better, thus reducing clashes between herders and farmers during dry seasons.The president of Miyetti Allah Cattle Breeders Association of Nigeria (MACBAN), Othman Ngelzarma, sees the Ministry of Livestock Development achieving the same feat for Nigeria in the near future. He told newsmen that, “MACBAN expresses its deepest appreciation to the Federal Government for creating a ministry of livestock to unlock the trillion-naira livestock economy and create qualitative and productive jobs across the value chain to improve the Nigerian economy. With this development, MACBAN believes the hope of the Nigerian pastoralists is now achieved under the Renewed Hope Agenda.
However, the Middle Belt Forum took a different view of the proposed Ministry of Livestock Development, saying it was not enough to sustainably resolve the decades-long farmers-herders crisis in the country. According to the National President of the association, Mr. Bitrus Pogu, what is needed to end the perennial farmers/herders clashes is a deliberate action by regulatory bodies and the government to stop criminal elements from carrying out deadly attacks on innocent Nigerians, mainly farmers. Hear him: “If the reason for creating the Ministry is to stop clashes, I think it is wrong because all of these attacks and killings that are happening have nothing to do with conflicts between farmers and herders. “Farmers have never connived at any given time to go and attack herders, but rather, criminals who happen to be Fulani gang up and attack farmers, kill, maim and chase them out of their ancestral homes.
“Then, the Fulani will come and occupy them. So, it is more about invasion, criminality, and terrorism. And the majority of those they hire to do these evils are not even those who have cattle. So, a deliberate action has to be taken by the government against the perpetrators, which will address the criminality.” Mr. Pogu suggested that the government should adopt ranching for productivity and enduring peace between the pastoralists and farmers in particular and the entire country in general.While the establishment of a Livestock Ministry presents a viable solution, it is not without challenges. Funding constraints, bureaucratic inefficiencies, and corruption can hamper its effectiveness. Additionally, deeply ingrained cultural practices and mistrust between farmers and herders can be difficult to overcome.
Critics argue that without a holistic approach that includes land reform, climate change adaptation, and broader economic development, a Livestock Ministry alone may not be sufficient. Therefore, it must work in tandem with other governmental and non-governmental bodies to ensure comprehensive solutions. “A dedicated Livestock Ministry, with its focus on sustainable resource management, conflict resolution, and economic incentives, offers a promising avenue to address the root causes of these clashes. However, its success depends on effective implementation, adequate funding, and the cooperation of all stakeholders involved. With the right strategies and commitment, devoid of any political or selfish interest, it can play a crucial role in fostering peace and prosperity in affected regions”, they advised.
Calista Ezeaku