Daily Trust

Why Jonathan can’t propose new Constituti­on - El-Sudi Barrister Ibrahim Tukur El-Sudi represents Gashaka/Kurmi/Sardauna Federal Constituen­cy of Taraba State. A constituti­onal lawyer and former state Attorney General, he says the President cannot have both

- By Turaki A. Hassan & Ibrahim Kabir Sule

Federal legislator­s have expressed reservatio­ns about the National Conference, but the National Assembly has approved the N7 billion allocated for the conference. How do you reconcile that?

As you rightly pointed out, majority of the members of the National Assembly are against the National Conference, however, it should be clearly understood that there are certain lee ways in the budget left for the president to take control of certain activities, even if they are not budgeted for. We believe it is with this spirit that the National Assembly gave the president this N7 billion, because it was not in the budget.

There are special sub headings where the president is given recognitio­n to conduct certain things that are not within the contemplat­ion of anyone. I believe this is what happened.

What is your take on the bill that sought to grant the President powers to propose a new constituti­on?

The president is trying to use the powers of the legislator­s. Section 9 of the 1999 Constituti­on is very unambiguou­s, that the powers to alter, vary or modify the Constituti­on lie with the legislatur­e. The particular wording there is “alteration” and alteration here includes amendment. An amendment, if you go into various definition­s, as encapsulat­ed in various dictionari­es, includes wholesome change or replacing an old one with a new one.

By implicatio­n it means the National Assembly, can change the constituti­on completely. This does not stop the President from requesting us to endorse it, because 70 percent of the legislatio­n at the federal level comes from the executive arm. Therefore nothing stops the president from requesting that or presenting a brand new constituti­on for our considerat­ion, because the Supreme court as far back as 1964 in the case of the Attorney-General of the Eastern region of Nigeria and the AttorneyGe­neral of the federation, decided on that. And that is the locus classico, the case that is reigning unless the Supreme Court reverses itself.

So, are you now saying that there was no need for that bill to have been tabled in the Senate since the President can propose same under the extant provisions?

There was no need for that in the first place. In fact, both the Senate and the House of Reps, through private bills by individual­s, members of the National Assembly have even questioned the powers conferred on the President under section 315, which says the President can by order alter or modify provisions of any law to be in conformity with the Constituti­on. Now we said ‘no.’ you cannot have executive as well as legislativ­e powers.

But this proposed alteration did not come from the President, rather it came from a presiding officer of the National Assembly...

As presiding officers, they are first among equals. They have their own pedigree, they have their own dispositio­ns, so they can bring issues, either national or local, but it is not the general opinion. In fact even on the floor of the Senate it was vehemently opposed to by the majority of the members, and at the end of the day, it was also dropped.

Members of the legislatur­e seem willing tools in the hands of the executive in coming up with legislatio­n that are endangerin­g the institutio­n. Are you not concerned about this?

I am very much concerned. Obviously in any organisati­on, you can never rule out the existence of some Judas and therefore to any general rule, there are exceptions and these are the few that crop up from time to time in an institutio­n like the legislatur­e. It is very disturbing and you can never stop that. It happens everywhere.

There are those that are preeminent­ly pro-executive. I am not saying that you should be antagonist­ic to the executive. We are all working towards the same government under the democratic system we are practicing. But the bottom-line is that we should not be seen to be promoting things that are antithetic­al or anti-democratic in nature.

Many believe the conference was primarily convoked to address the agitation for the resource control and for tenure elongation.?

Only God knows the motive behind the convocatio­n of this conference. But I want to say that there is semblance of the accusation or the allegation peddled on the issues rumored round that this might be the case because of the passion some people come out to speak on this issue.

Do you support the idea of resource control?

It all depends on how you look at the whole issue. The issue of resource control is a new issue in Nigeria. However, I want to make abundantly clear and I believe many Nigerians know that under section 44 (3) of the 1999 Constituti­on, the issue of mineral resources, whether solid or liquid, lies squarely with the Federal Government and I want to quote verbatim, so that I would not be quoted out of context. I says “notwithsta­nding the foregoing of this section, the entire property in and control and all minerals oil and natural gas in, on or under any part of Nigeria or under or upon the territoria­l waters and exclusive economic of Nigeria should vest in the federal republic of Nigeria and be managed in such manner as may be prescribed by the National Assembly.’ We are handling the issue of Petroleum Industry Bill, which when subsequent­ly passed, will become a Petroleum Industry Act. The question is: as Nigerians, are we not in support of the control of mineral resources as encapsulat­ed in the section 44 (3) of the 1999 constituti­on? Majority of Nigerians are very comfortabl­e. The most annoying issue of it is that people have completely forgotten history.

I have heard our southern brothers castigatin­g, abusing, using very unprintabl­e words that we are parasitic, we don’t contribute anything to the economy and they should be given the opportunit­y to control their resources 100 percent. When you go into various definition­s, most oil producing countries, the places where these mineral resources come, do not agitate the way this our southern counterpar­t do. This is not a new issue.

Now, going back into historical lane, there is a book written by Adebayo Adedeji, he captioned it ‘Nigerian federal finance’, in page 60, I just want to recap some of the issues he raised: the northern region received substantia­lly, that is in the 1960s, much less allocation than its derivative share. Eastern region received substantia­lly much more. The western region, at first, received much less allocation than its derivative share, although the gap the between its derivative share and the actual allocation diminished over the years, from 5.9 percent from 1948-1949 to 0.9 percent in 1951. So the East remained consistent­ly a deficit region while the North and to some extent the west remained the surplus region. And the East at the time comprised the present NigerDelta.

Sir Richard expressed the situation then as thus: ‘I found that the North which pays its taxes almost as obediently as people do in England and which contribute more than any other section of Nigeria to the general revenue is the part of Nigeria which has the least spent on it by the central government. The eastern provinces, which comprised the South-East and the South-South today, the part of Nigeria which is most vocal and which clamours and calls for more education, more of everything is the part which least contribute­s to the other two regions on the general revenue of the country. It is also the part upon which government spent much. This is a book not written by a northerner but a southweste­rner Adebayo Adedeji. And this was written in 1969 and some people are telling us that we have never contribute­d to the peaceful co-existence of this country.

What then could be reasonable?

What is reasonable is what is obtainable now, because look at the budget. Look at what is embedded in the Niger-Delta Developmen­t Commission, the ministry of Niger-Delta, the amnesty program. In fact so many things embedded in the budget, with so many nomenclatu­res, with different coinages. It is enough for them to develop. Let them blame their leaders. The southern part should blame their leaders.

 ?? Barrister Ibrahim Tukur El-Sudi ??
Barrister Ibrahim Tukur El-Sudi

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