Editorial
As Nigeria’s Constitution Is Reviewed…
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To remedy the chronic flaws in the 1999 Constitution of the Federal Republic of Nigeria, the National Assembly has again initiated an amendment process. Between May and June of last year, the Senate and House of Representatives Constitution Review Committees held public hearings in Nigeria’s six geopolitical zones.
The committees, statutorily chaired by the Deputy Senate President, Ovie Omo-Agege, and the Deputy Speaker, Idris Wase, invited the public, executive and judicial bodies, traditional institutions, political parties, civil society organisations, professional bodies and others to attend and make submissions at the hearings.
During the period, some issues canvassed by Nigerians were the creation of more states, state police, devolution of powers, restructuring of the federation, electoral reforms, abrogation of immunity clause, tenure of office, financial autonomy for the judiciary, state legislature, and local governments including drafting of a brand-new Constitution.
Others are independent candidacies, the age limit for political office contestants, separation of the office of the Attorney General from the office of the Minister of Justice, Land Use Act, women inclusiveness, referendum, increase in derivation, impeachment clause, among others. However, the National Assembly has closed the voting stage for the constitutional amendment. Legislators in both Houses examined 68 constitutional alterations.
This is not the first time that legislators have undertaken the revision of the Constitution, which came into force in 1999 when democracy was restored. Since the Fifth National Assembly, the federal legislators have been making amendments. Although some modifications have been successful in the past, many others have suffered serial failures but have continued to re-appear in new proposals.
Some Nigerians had to take their protests to the National Assembly, trusting that as representatives of the people, their principal reason as lawmakers is to make laws that meet the longings and ambitions of the majority of the people. Their demands focus on electoral reforms, restructuring, state police, control of resources, national security, devolution of powers and financial autonomy of local government and the state legislature.
Sadly, the gender inclusion bills were defeated. This decision to reject the bills has been met with serious criticisms, negative reactions and even protests by members of civil society groups. The rejection once again highlighted the need to systematically call into question the systemic ills and oppression that our patriarchal society imposes on women. It is never too late for reconsideration of this bill.
Contrary to popular opinion, the National Assembly rejected the inclusion of state police in the amendment. Given the high rate of insecurity in the country, it is expedient to listen to the famous opinion of Nigerians on the establishment of state police that forms one of the cardinal ingredients in a federal system of government. However, the legislators are commended for voting for full autonomy to local government councils, the State Assembly and the Judiciary.
In addition, the Senate and the House of Representatives separately declined to adopt a bill to include value added tax (VAT) on the Exclusive Legislative List. The Federal Government, following a favourable ruling obtained by Rivers State, tried to restrict VAT to the Exclusive List. That tax is one of the indicators of true federalism. As a result, its retention in the Concurrent List is appropriate and applaudable. The provisions for immunity and life pension for principal officers of the National Assembly were similarly shot down.
There is a need to review the indigeneity provision to give greater priority to residency. The issue of indigeneity should be excluded from the Constitution and re-qualified so that those who contribute to the socio-economic development of their areas of residence should be considered as indigenous. This clause has made Nigeria virtually impossible to integrate. All Nigerians should look upon themselves as one, regardless of their ethnic origin. Emphasis should be given to citizenship.
Most importantly, the National Assembly must ensure that their work births a workable and acceptable constitution that will serve the interest of the people by allowing for true federalism, where Nigerian states are autonomous entities with the power to run their affairs. The participatory approach of federal lawmakers in amending the Constitution should produce a popular document that will address the socio-economic problems of the country.
But there are reasons for scepticism about true federalism. Almost all previous sessions of the National Assembly had undertaken similar reviews with the inclusion of fiscal federalism, with no tangible results in the exercises. The current effort on this is perhaps not different. There are fundamental deficiencies in the 1999 Constitution. The model federal state is characterised by the existence of several independent and intermediary governments with legislative, executive and judicial authorities. But the grundnorm turns this on its head.
Itse Sagay, Chairman, Presidential Advisory Committee Against Corruption and a Senior Advocate of Nigeria, rightly says, “What we have now is a unitary Constitution parading itself as a federal Constitution.” Another SAN, Afe Babalola, argues that “the 1999 Constitution is, in large measure, responsible for the problems we have in Nigeria today. The Constitution has discouraged and crippled development in the states.”
There is an obvious real and existential threat to the existence of Nigeria. It is high time we went through the document, which has some glaring shortcomings. Nigeria’s particularities require its Constitution to reflect the country’s cultural and linguistic diversity. This is more than a simple legislative review. The National Assembly, in cooperation with the state legislature, should work with all other stakeholders to redefine the country as a true federal political entity.
Editorial
New Federal Varsity In Ogoni
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President Bola Ahmed Tinubu has made history by signing into law a bill that establishes the Federal Univer-
sity of Environment and Technology in Ogoni, Rivers State. This significant occasion marks a bold step forward not only for the Ogoni people but also for the Niger Delta region and Nigeria as a whole. It signifies a commitment to education, environmental sustainability, and technological advancement.
For the Ogonis, who have long been impacted by environmental challenges, the university represents a beacon of hope. It is more than just bricks and mortar; it is a symbol of empowerment and a pathway to a brighter future. This development is akin to a seed, planted with the promise of a flourishing harvest of skilled professionals.
The university’s emphasis on environmental technology is extremely important, especially given Nigeria’s climate crisis. Education plays a crucial role in developing sustainable solutions. The institution will provide students with the necessary skills and knowledge to address the environmental challenges affecting the Niger Delta region and beyond. This will have a momentous impact.
Signing the bill, the President praised the Ogoni people’s resilience and unity. He stressed that the institution would mark a “significant milestone in our national journey towards environment justice, education and sustainable development”. Tinubu said the university is a reaffirmation of his administration’s “unwavering commitment to the people of Ogoni, the Niger Delta and the nation as a whole. For decades, the Ogoni people have been at the forefront of fight for environmental restoration and sustainable development, shaping both national and global conversation of these critical issues.
“By signing this bill into law, we are taking a decisive step towards addressing historical grievances and creating new opportunities for learning, growth and prosperity. The university will serve as a centre of excellence, equipping young Nigerians with the knowledge and skill to tackle present environmental challenges, drive clean energy solutions and contribute to our national sustainable economic development.”
We commend President Tinubu for his visionary decision to establish the much-needed institution aimed at fostering development and progress. This initiative is a testament to his commitment to addressing critical social and economic knots and creating opportunities that will benefit the people. The President has laid a solid foundation for sustainable growth while demonstrating a genuine desire to empower and advance the nation’s collective interests.
In addition to his commendable action, we applaud Tinubu for initiating peace talks to bring stability and reconciliation to the troubled area. The decision to engage in constructive dialogue demonstrates a deep understanding of the relevance of inclusive governance and the role of peace in fostering meaningful development. For decades, Ogoni has endured turmoil and neglect, impeding its potential and the return of oil exploration activities.
By opening the door to peaceful negotiations, the President has made a bold and necessary move towards healing fractured relationships and fostering trust among stakeholders. This initiative holds the promise of ensuring that the voices and needs of the Ogonis are heard and respected. We urge all parties involved to seize this golden opportunity for lasting peace and progress. It is only through unity and mutual respect that the full potential of Ogoni, and by extension the nation, can be realised.
As steps are taken to acknowledge and remediate the damage caused by years of oil exploration and production, the Ogonis must reciprocate Mr. President’s gesture by fostering a climate of equanimity and stability. This will ultimately pave the way for the resumption of oil exploration and production. This is not a call to forget the past, but a pragmatic recognition that meaningful change and sustainable development require a collaborative approach.
The Federal Government has a responsibility to ensure that all academic disciplines offered by the new university are fully accredited to maintain the integrity and quality of the school. Without proper accreditation, the institution risks producing graduates who are ill-equipped to compete in the global workforce or contribute substantially to national development. Accreditation serves as a benchmark that ensures programmes meet academic standards and adhere to best practices across various fields of study.
Staff recruitment should be conducted carefully, as the individuals brought into a team can greatly influence an organisation’s performance, culture, and long-term success. The primary focus of recruitment efforts at the university should be on attracting the best candidates who possess the necessary skills, qualifications, experience, and values. Merit should be the guiding principle in decision-making throughout the hiring process, rather than favouritism or personal bias.
For a nation to thrive in the 21st century, a strong higher education system is not only desirable, but essential. Universities serve as the catalysts for innovation, the breeding grounds for future leaders, and the foundations of a knowledge-based economy. The Federal Government must acknowledge this vital role and take intentional actions to properly fund the university in Ogoni and develop infrastructure to ensure it meets international standards. Neglecting this responsibility would put its future prosperity and global competitiveness at risk.
This institution must not suffer the same fate as other federally-owned universities that have been left to decay. That will be a disservice to its purpose and potential. Many government-owned universities in the country have struggled with dilapidated infrastructure, underfunding, insufficient staffing, and interruptions caused by industrial actions due to unpaid wages or poor working conditions. These challenges have led to declining standards in education, putting both students and staff at a disadvantage. The Ogoni University must not be another victim of this worrying trend.
Editorial
HIV, Transiting From Donor Dependence
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The initial announcement by United States President, Donald Trump, to cut funding for international
HIV/AIDS initiatives sent shockwaves through the global health community. In Nigeria, a country facing a significant HIV/AIDS burden, the potential consequences were dire. However, the subsequent waiver granted by the administration has provided a lifeline for the millions of Nigerians who rely on the President’s Emergency Plan for AIDS Relief (PEPFAR) for their treatment and support.
PEPFAR has been an important partner in Nigeria’s fight against HIV/AIDS. Since its inception in 2003, PEPFAR has committed more than $7.8 billion to the country, catering to approximately 90 per cent of HIV treatment requirements. With this funding, Nigeria has been able to enhance its HIV prevention, treatment and support services and has witnessed a reduction in HIV/AIDS deaths.
The waiver granted by the Trump administration guarantees that PEPFAR’s life-saving medicines and medical services will continue to reach the needy. Antiretrovirals (ARVs) are the most common type of medicine used to treat HIV and reduce the virus’ spread. Through the provision of ARVs, PEPFAR helps prevent the spread of HIV and enhances the quality of life of those with the condition.
Although Nigeria was recently exempted from the requirement, the signs are evident: the country has to graduate from dependence on donor funds for its HIV/AIDS control programmes. Over the years, partners including the U.S. government have been central to the provision of treatment to people living with the virus. However, it is time for Nigeria to own its national response to HIV/AIDS.
Nigeria’s HIV/AIDS burden remains critical, accounting for 10 per cent of the global total. In 2023 alone, there were 75,000 new infections and 45,000 HIV-related deaths. The battle against Mother-to-Child Transmission remains challenging, with only 35 per cent of the target 75 per cent being met. Nearly 1.7 million Nigerian children have been orphaned due to HIV. Vulnerable populations, especially women and children, continue to disproportionately suffer.
To transition away from donor dependence, a multifaceted approach is necessary. Firstly, the country must increase its domestic financing for HIV/AIDS programmes. This can be accomplished through innovative funding mechanisms, such as leveraging public-private partnerships and exploring local revenue sources. Secondly, the government needs to strengthen its healthcare system to ensure equitable access to testing, treatment, and care. This involves expanding access to antiretroviral drugs, investing in community-based models, and addressing the stigma associated with HIV.
Thirdly, Nigeria must prioritise prevention efforts. This entails promoting condom use, providing comprehensive sexual education, and increasing awareness about the risks and modes of transmission. By focusing on prevention, the country can decrease the incidence of HIV infections and ultimately lessen the burden on its healthcare system.
Finally, Nigeria should develop a sustainable human resource strategy for its HIV/AIDS response. This involves training and equipping healthcare workers, engaging community volunteers, and empowering people living with HIV to advocate for their rights. A well-trained workforce is essential for delivering high-quality services and ensuring the long-term success of the response.
The transition beyond donor dependence is a complex but necessary journey for the country. By increasing domestic financing, strengthening healthcare systems, prioritising prevention, and investing in its human resources, the country can create a sustainable and effective response to HIV/AIDS. Also, the government should consider alternative funding mechanisms, such as increased domestic funding, public-private partnerships, and philanthropic initiatives. The time to act is now, for the well-being of present and future generations.
Nigeria’s National Agency for the Control of AIDS (NACA) has made momentous strides in combating HIV/AIDS, including expanding access to testing, treatment, and education. However, challenges persist, hindering the effectiveness of these efforts.
One major obstacle is limited access to healthcare facilities, particularly in rural areas. This impedes timely diagnosis and treatment, reducing the likelihood of optimal outcomes for those living with HIV. Additionally, stigma surrounding the disease remains a formidable barrier, preventing individuals from seeking testing and care. Inadequate awareness campaigns further contribute to low testing rates and delayed diagnosis.
Addressing these challenges requires concerted action by the government and stakeholders. Allocation of adequate funding is crucial to expand healthcare infrastructure and ensure the availability of essential services. Moreover, targeted interventions to reduce stigma and promote awareness are vital for increasing testing and early detection.
Collaboration between civil society organisations and grassroots movements is also essential for advocating for protection of HIV funding. Advocacy campaigns can mobilise public support and pressure lawmakers to prioritise the fight against HIV/AIDS. By addressing these challenges and ensuring sustainable funding, Nigeria can depend less on donor countries, drastically reduce HIV transmission, and provide the necessary care to those affected by the disease.
Editorial
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