These were the highpoints of the House of Representatives’ People Public Sessions on the review of the 1999 constitution conducted on November 10, 2012.
LEADERSHIP SUNDAY exclusive obtained the report which contained the collated results on security architecture, devolution of power, structure of the federation, fiscal federalism, indigeneship/residency, justice sector reform, the legislature and the fundamental objectives and directive principles of state policy.
Significantly, a proposal to amend section 135 and 180 (2) of the 1999 constitution (as amended) to create a single tenure of seven (7) and five (5) years for the office of president and governor respectively was also thrown out.
In the report leaked to LEADERSHIP SUNDAY, voting patterns on all the issues itemised in the template for voting during the sessions in 318 federal constituencies of the original 360 constituencies have been collated and ready for official unveiling on January 31.
Nigerians threw out proposals to allow the six geopolitical zones in the country to be recognised in the constitution for administrative purposes only. Also, they rejected plans to include the six geopolitical zones in the constitution as a fourth tier of government.
On indigeneship of an area, Nigerians voted that indigeneship status be defined to include persons who have resided in an area for a continuous long period, and therefore entitled to accruing rights, duties and privileges.
The people massively endorsed proposals that sections 81 and 121(1) of the 1999 Constitution be amended to require the president/governor of a state to prepare and lay the annual budget before the National Assembly/State House of Assembly at least three months before the end of a financial year.
As widely expected, voting patterns showed that Nigerians want state houses of assembly to be granted financial autonomy/independence as is the case with the National Assembly.
The collated report disclosed that Nigerians backed amendments to Section 162(6) to abolish “State Joint Local Government Account” so that allocations due to the local government councils would be paid to them directly. In two parts, Nigerians want the constitution amended to deny revenue allocation to unelected local government councils. They want a defined tenure for local government chairmen/councillors in the constitution.
Nigerians rejected proposals to amend the Second Schedule, Part 1, so that some of the items, including those listed below be moved from the Exclusive Legislative List to the Concurrent List: Fingerprints identification and criminal records; Insurance; Labour; Prisons; Public holidays; Railways; Bankruptcy and Insolvency and Registration of Births and Deaths.
On Nigeria’s election management bodies (EMBs), Nigerians want Section 197(1) (b) to be amended to abolish the State Independent Electoral Commission (SIEC) in order that all elections are conducted by the Independent National Electoral Commission (INEC). Also, Nigerians support that the constitution be amended to allow for independent candidacy in elections.
Similarly, proposals to amend Section 77(2) to allow Nigerians living outside the country (in the Diaspora) voting rights suffered ill-fate.
Despite clamours in select quarters for the abolishment of the mandatory National Youth Service Corps for Nigerian tetiary graduates, Nigerians rejected proposals that Section 315(5) (a) and (d) be amended to remove the National Youth Service Corps Act, the Land Use Act, Public Complaints Commission Act, and National Security Agencies Act from the constitution.
Nigerians want Section 308 to be amended to make the immunity provision for the president, vice president, governor or deputy governor cover only civil proceedings while in office.
Going by collated voting patterns, Nigerians by miles rejected the establishment of a state police. They endorsed proposals to have one police organisation which shall be constituted in such manner as to give state governors control over the commissioner of police in their respective states.
Of note, Nigerians rejected affirmative action for women in elective offices. Proposals seeking that the constitution be further amended to address gender issues, including but not limited to reserving certain percentage of elective offices for women, was turned down.
Nigerians endorsed specific provision in the constitution to take care of the interests of persons with disability.
Clearly, Nigerians want the country to abolish the existing bicameral legislature and allow for only one chamber National Assembly. The vote comes against the whopping N150 billion budget appropriated yearly for both arms of the National Assembly.
Also, Nigerians seek a reversal from the present expensive presidential system of government to a parliamentary model. Nigeria should implement the practice of federalism that allows states to control up to 50 per cent of their resources and pay the remainder to the federation.
The constitution, Nigerians said, be amended to enable the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) to send proposals for revenue allocation directly to the National Assembly in order to avoid undue delays in preparation of the revenue allocation formula.
Also, the popular view is that a role should be created for traditional rulers in the constitution, such as their having representation in the National Council of State at the national level and roles in the states and local governments.
Nigerians want the constitution to be amended to separate the office of the attorney-general of the federation from the position of minister of justice of the federation. Also, they want to distinguish the office of the accountant-general of the federation by the creation of the office of the accountant-general of the states.
House deputy speaker Emeka Ihedioha, who chairs the House Committee on Constitution review, said the second quarter of 2013 is the target for conclusion of work on an amended constitution for the country.
Leadership
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