By Hamilton Nwosa(Head, The New Diplomat Data and Poll Tracking Desk)
The President of Nigerian Senate, Ahmad Lawan, on Thursday inaugurated a 56-member Constitution Review Committee with the Deputy Senate President, Ovie Omo-Agege as the Chairman. The all-embracing committee inaugurated during plenary consists of all the eight principal officers, one Senator each from the 36 States and two members from each of the six geo-political zones.
Following the inauguration, various interest groups have started warming up to take advantage of the window provided by this proposed review in order to present their various positions, perspectives and proposals on the 1999 Constitution. Top on the burning issues identified is the issue of true federalism, effective security framework for the country, State or Community Policing, State creation, model of government, cost of governance, a modern administrative structure at all levels of government, etc.
Members of the committee including the principal officers who will serve as the steering committee are Senate Leader, Senator Yahaya Abdullahi; Deputy Senate Leader, Senator Ajayi Borrofice; Deputy Chief Whip, Senator Sabi Abdullahi; Senate Minority Leader, Senator Enyinnaya Abaribe; Senate Deputy Minority Leader, Senator Emmanuel Bwacha; Minority Whip, Senator Philip Aduda and Deputy Minority Whip, Senator Sahabi Ya’u.
Other members include former Deputy Senate President, who chaired the committee in the Eighth Senate, Senator Ike Ekweremadu; Senators Opeyemi Bamidele, Smart Adeyemi, Danjuma Goje, James Manager and five female Senators namely Stella Oduah, Oluremi Tinubu, Biodun Olujimi, Uche Ekwuenife, and Aisha Dahiru.
The inauguration of the Omo-Agege-led Constitution Review Committee has been greeted with enthusiasm and expectations. Similarly, legal, political and public policy analysts have commended the initiative.
Various bodies drawn from socio-cultural organizations to professional bodies and other allied organizations are said to have commenced whispering talks as to how they can utilize the opportunity of this Constitution Review to bring forth a number of issues that need constitutional review.
It would be recalled that the Constitution of the Federal Republic of Nigeria, 1999 called “the Constitution” was formally adopted on May 29, 1999 in Abuja. The Constitution which is the supreme law of the land or what legal scholars refer to as the grundnorm, ensures that its provisions are not only binding on all persons in Nigeria but also on all authorities throughout Nigeria.
The New Diplomat in its earlier report had detailed how the Nigerian Constitution which is often times described as the grundnorm provides that all laws in Nigeria whether federal or sub-national, derive their source from it. Thus, in the event of an inconsistency between the provisions of the Constitution and any other law, the Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void.
Consequently, the power of the constitution cannot be over-emphasized hence many policy and legal analysts including First Republic Nationalist, diplomat, lawyer and Foreign Affairs Minister, late Chief Matthew Tawo Mbu have maintained that the Constitution of any country remains the foundation upon which that country rest.
Recall that The New Diplomat had in its previous report explained that it was after 1999, that the First amendments to the Nigerian Constitution became effective on 10th January, 2011 after it was signed into law by the President of the Federal Republic of Nigeria.
The Constitution also sets up the Executive, Legislative and judiciary arms of Government at the State and Federal levels. The National Assembly, in which the legislative powers of the Federal Republic of Nigeria are vested, has power to make laws with respect to the following matters: any matter included in the Exclusive Legislative List; any matter in the Concurrent Legislative List; and any other matter with respect to which it is empowered to make laws in accordance with the provisions of the Constitution.
However, at the State level, the legislative power of a State are vested in the House of Assembly of the State. The House of Assembly of a State shall have power to make laws for the peace, order and good government of the State or any part thereof with respect to the following matters: (a) any matter not included in the Exclusive Legislative List set out in Part 1 of the Second Schedule of this Constitution, (b) any matter included in the Concurrent Legislative List; and (c) any other matter with respect to which it si empowered to make laws in accordance with the provisions of the Constitution.
According to legal experts, the Constitution also entrusts the National Assembly and the State Assemblies with the all important task of preserving its relevance, by giving the Legislature the power to amend its provisions.
Some issues that are very common which Nigerians often talk about which might deserve attention include revenue formula, structure of government, zoning of political offices, political rights of less privileged, system of government and the need to strictly follow its pattern through, state creation, state police and security, federal character, status of local government, secularity of state, Land Use Act, the Niger Delta, the North East and sundry subject matters.
Furthermore, it is important to note that some of the amended sections of the constitution have attracted severe criticism.
For instance, while financial autonomy was approved for the National Assembly, the State Assemblies could not muster the strength to insist on it at the State levels thereby allowing governors to still control their budgets and sundry matters. However, some sections reviewed in the constitution drew applause from the public.
For example, a number of people have commended the new Section 81, which stipulates financial autonomy for INEC. It is believed that this section will boost INEC’s independence and neutrality and ensures that the Commission will no longer be seen as an appendix of the executive arm of government. Another amendment that appear satisfactory to many Nigerians is the Sections 132 and 178. The new provision states that presidential and governorship elections would hold between 120 and 150 days to the expiration of the tenure of the incumbent.
According to analysts, many of these issues begging for attention are crucial for effective governance and security of the country. For example, on state creation, there are proposals from proponents of States creation to the effect that the National Assembly should summon the political will to create more states, one each from the six geo-political zones making up the polity. Some have also clamoured for the creation of more local government areas in order to address perceived injustices done to some sections of the country during the previous exercises.
Many also believe that the issue of insecurity of lives and properties will be greatly reduced if the issue of state police is seriously looked into. They posit that the present set-up which makes State Governors the chief executives of their states without commanding control over the police Commissioner in the States is an anathema.
Recall that Ovie Omo-Agege, who has been saddled with the task of chairing this all-important Constitution Review Committee is a lawyer himself. DSP Omo-Agege who hails from Orogun in Ughelli North Local Government Area of Delta State was born on August 3, 1963 in Delta State. He attended St. George’s Grammar school, Obinomba Obiaruku, Delta State, and then proceeded to the University of Benin where he bagged a degree in Law in 1985 and was called to the Nigerian Bar in 1986.In 2002, he obtained his master’s degree in law from Tulane University Law School.
Omo-Agege who served variously as Commissioner for Special Duties, Secretary to the State Government (SSG) in Delta State was elected Senator in 2015 representing Delta Central Senatorial district. In 2019, he was re-elected to represent Delta Central on the platform of the APC, and was subsequently elected Deputy Senate President.
