No cheer for N’Delta as NASS chickens out of Fiscal Federalism

Expectations by the people of Niger Delta that the on-going constitution review would address their demands for total resource control may have been dashed.

Indications to this effect emerged following the submission of the final report of the Ad hoc Committee on Constitution Review last week.

The National Assembly will today, Tuesday, begin the clause-by-clause consideration of the proposed amendments to the 1999 Constitution.

Deputy Senate President Ike Ekweremadu, Chairman of the Joint Constitution Amendment Committee, and Deputy Speaker Yusuff Suleiman Lasun, Deputy Chairman of the committee, had last week presented the report at their respective plenary sessions.

In all, the Constitution Amendment Report includes 27 different bills on wide-ranging areas for consideration.

Since the review process began, political watchers have been monitoring developments especially regarding very sensitive national issues that have elicited much debate.

However, many advocates for fiscal federalism, a central aspect of the restructuring debate, will be disappointed as it does not feature in the report to be considered.

Senator Ekweremadu confirmed this on Monday in an interview he granted Arise TV, where he claimed that though the committee was able to build consensus on devolution of powers ensuring that over 60 items on the Exclusive List were moved to the Concurrent List with only 16 items left, it’s inability to build similar consensus around the highly controversial issue of fiscal federalism, forced them to abandon it.

To this end, the rights of states to exploit their resource deposits will remain an unsettled issue. Ekweremadu hinted that Nigerians should brace up for a long wait as it may not likely be up for consideration at any other point in the life of the 8th assembly.

He also dampened expectation for a wholesale restructuring legislation by NASS, calling instead for an incremental approach.

Read also: Senate to begin clause by clause debate of reviewed 1999 Constitution Tuesday

Ekweremadu stated, “if we are patient and we go about restructuring in an incremental manner, I give it three, four, five years, we will get to where we want to be”.

He added, “Restructuring would not happen as a bill because it would not succeed”.

Here are seven of the major areas scheduled for consideration by NASS.

#NotTooYoungToRun: Reduce age criteria for elective offices

This amendment is at the thrust of the widely popular Not Too Young to Run Campaign. It seeks to reduce the age requirements for specific elective political offices such as President, Governor, Senate, House of Representatives, and State House of Representatives.

This particular amendment has assumed even more importance and elicited greater interest following widely circulated reports that the amendment did not make it to the final report stage.

It will be really hearty news to millions of youths in Nigeria and across Africa if the amendment eventually becomes law, especially if the age criteria get substantial reduction as advocated.

Bar non-election-based successor deputies from seeking additional term

This amendment seeks to bar a vice-president or deputy governor who has been sworn in to complete the tenure of a president or governor by reason of incapacitation, death or impeachment, from seeking a second term, after he might have completed the term of his predecessor, and a first term in office.

Should this amendment go through, someone like former President Goodluck Jonathan would not be eligible for any future presidential contest. In fact, had the amendment become law in 2015, he would not have been eligible to contest.

Separate the offices of Attorney-General and Minister/Commissioner for Justice

This amendment will focus on sections 150, 174, 195, 211, and 318, with the objective of separating the office of Attorney-General from that of Minister/Commissioner for Justice.

This has long been advocated by many political and legal analysts as a necessary reform that will ensure that political interference in sensitive legal processes at the executive level is minimized as much as possible, ensuring independent and fair legal assessment of cases.

Grant Local Governments financial autonomy

This amendment seeks to increase the financial independence of local governments. It will specifically abrogate the joint state-local government accounts and empower each local government council to maintain its own special account.

For long, many local government councils have been at the mercy of state governments which have used the leverage to unseemly ends.

Other related amendments will see the existence of a mandatory condition that only elected local government councils be recognized and funded, as well as a uniform three-year tenure for local government office holders.

With financial autonomy, it is expected that local governments can finally begin to live up to their original design.

It is hoped that this time, the state governors will not succeed in bringing their overbearing influence to the process in order to scuttle it.

Decongest the Exclusive Legislative List

This bill seeks to decongest the Exclusive Legislative List by transferring certain items contained therein to the Concurrent List, thereby enabling states to make laws in respect of those transferred items.

Many have advocated this amendment because it is believed that the federal government has too much on its plate and has consequently not been able to sufficiently meet stipulated obligations.

Grant married women right to choose Indigeneship for election contest

This amendment focuses on Section 25 of the constitution. It will grant married women the right to choose their indigeneship either by virtue of birth or place of birth in respect to location criteria for elective or appointment-based political offices.

This has been a long-advocated women rights issue that will be welcomed with great excitement should it become law.

Provide permanent slot for a minister from the FCT

This amendment focuses on Section 147 of the constitution. It provides for the appointment of a minister from the FCT, Abuja, to ensure that FCT is represented in the Executive Council of the Federation. This is another change long advocated for within the larger issue of indigeneship rights.

Despite not going far as enough as widely desired, many Nigerians will hope the process will be followed through by NASS, thereby adding some improvements to the system.

But as Nigerians come to terms with the fact that this constitution amendment process will do little, if anything, to address the prevailing tense national climate arising from the ongoing heated debates and feisty disagreements over fiscal federalism and the larger of issue of restructuring, many will wonder when those mandated with shaping the destiny of the country will have courage enough to face the defining issues and rest the longstanding deep-seated contentions once and for all.

 

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