From John Oghojafor (The New Diplomat South South Bureau Chief)
Following the announcement yesterday by Senate President, Ahmed Lawan naming the deputy Senate President, Ovie Omo-Agege as the Chairman of the Constitution Review Committee of the National Assembly, legal and political analysts have commended the initiative. This is as 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 and proposals on the 1999 Constitution.
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. Recall 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 Constitution which is often times described as the grundnorm provides that all laws derive their source from it. And interestingly, 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. Thus 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.
In Nigeria after 1999, the First amendments to the 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.
Some of the burning issues as identified by political commentators also include the issue of true federalism. Other elaborate reforms that have been suggested by constitutional jurist include the need for a change in our model of government. Some have suggested a mixture presidential system of government.
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.
The Deputy Senate President, 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. To many, the task which the Senate President has saddled him with as Chairman of this significant Constitution Review Committee comes with prospects given the painstaking manner Omo-Agege has consistently carried out his legislative duties.
