APC C’ttee Backs Devolution of Power, Revives Onshore, Offshore Debate
Okays state police, referendums, fiscal federalism, others Rejects state creation, proposes mergers
The All Progressives Congress (APC) committee on true federalism yesterday submitted its report to the leadership of the party with one of its key recommendations that the constitution be amended so that power can be devolved from the federal government to the states.
Chiefly, it made a recommendation for the movement of mining, minerals, oil fields and natural gas from the Exclusive List of the Constitution to the Concurrent List, so that the states will have control over their mineral resources, but this shall be limited to onshore resources only.
With this recommendation, the committee revived the ageold debate on the onshore, offshore dichotomy.
While giving support for the amendment of the Constitution to allow for state police, power devolution and referendum, the APC committee failed to uphold the agitation for the creation of additional states, recommending instead that avenues for the merger of some states be explored instead.
Speaking during the presentation of the committee’s report yesterday, the chairman
of the committee and Kaduna State governor, Mallam Nasiru el-Rufai said the committee engaged about 8,040 persons during 14 sittings throughout the federation; had 12 public consultations in all the six geopolitical zones in the country, while 409 memoranda were received from respondents.
He said the committee initially started with 10 members but was expanded to 23 members.
He added that in the process of their research, Nigerians indicated interest in 24 issues. “Out of these 24 items, the committee made recommendation on 13 in the report, which has four volumes,” El-Rufai noted.
On the issue of exploitation and revenue sharing of resources accruing from oil minerals or what is popularly known as “resource control”, the governor said the committee proposed that mining, minerals, oil should go to the states but that it should be limited to onshore areas.
“There will be certain constitutional amendments. The Petroleum Act will be amended to show that states can now issue oil mining licences; the Land Use Act, Nigeria Minerals and Mining Act, the Petroleum Profit Tax Act, 2007, would all need to be amended.
“So, we have proposed amendments that will ensure that minerals, mining and oil are vested in the states except offshore minerals,” he said.
Among the 24 items identified by the committee and for which it carried out opinion surveys on were on the creation of states, merger of states, state police, the derivation principle, fiscal federalism, local government autonomy, devolution of powers, type of government, independent candidacy, public holidays, the land tenure system, power sharing and rotation, type of legislature, affirmation for vulnerable groups like the physically challenged, women and youths, the minimum wage, border adjustment, secular statutes of the country, and the conduct of referendums.
On the police, the governor said the committee recommended that this be moved to the Concurrent List. “We are recommending that police should be both federal and state,” he said.
On public holidays, the Kaduna governor said the committee proposed that public holidays be moved from the Exclusive List to the Concurrent List so that there will be federal public holidays and state public holidays.
“This is already happening unconstitutionally. This will just make the action of state governments lawful and legal and avoid confrontation with the federal government,” he explained.
On the agitation for state creation, el-Rufai said the outcome of the committee’s survey showed that only 36 per cent of the respondents supported it, adding that a majority rejected the demand for the creation of more states.
But he said that thought there was no consensus on the merger of states, the committee felt there was need to allow states the option of coming together.
“The first item that we felt needs legislative action on is the merger of states. It is pertinent to note that only 36 per cent of Nigerians want more states created while a majority of Nigerians don’t want more states.
“For us, since the creation of states is already in the Constitution, there is no action needed than to implement that.
“So, the first recommendation for which we have proposed a draft bill for constitutional amendment is the merger of states. Though there was no consensus from stakeholders on the merger of states, we felt that we should propose a bill that allows states to merge and it is left for the National Assembly, the party and the people of Nigeria to decide on that.
“On the issue of the derivation principle, the committee recommended that the Revenue Mobilisation Allocation and Fiscal Commission Act be amended to vest it with the powers to periodically review the derivation formula and make recommendations to the president who shall table the same before the National Assembly for necessary action.
“With regard to fiscal federalism and revenue allocation, the committee proposed an amendment to Subsection 2 of the Constitution to give more revenue to the states and reduce the federal government’s share,” he explained.
El-Rufai also explained that there was overwhelming popular demand for the devolution of powers to the states and the committee recommended the same.
“Hence the committee has recommended that in the First Schedule of the Constitution, Part 1 and 2 be amended to transfer some powers to the states.”
Another area which the APC committee made daring recommendations was the proposal to amend the Constitution to provide that states should be allowed to develop and enact laws to have local government administration systems that are peculiar to each of them.
The report of the committee also proposed an amendment to create the State Judicial Council (SJC) that will appoint and discipline judges within a state while the National Judicial Council (NJC) will exercise control over the appointment and discipline of judges of the federal government only.
“We have proposed the creation of the state Court of Appeal so that from the High Court, you can first appeal to the state Court of Appeal before it goes to the Supreme Court of the Federation. Again, this is consistent with federal practice all over the world,” el-Rufai explained.
The committee also proposed a constitutional amendment to allow for referendums to be conducted on burning national or state issues before decisions are taken.
“Right now, the Constitution has no room for referendums, but only in the creation of states,” he said.
On independent candidacy, the committee noted that majority of respondents were opposed to it.
However, the committee said it still recommended that parties should support proposals for independent candidates since the demand is for widening the political space.
“We believe that having independent candidates with the necessary safeguards will make the political parties more honest and more democratic.
“So, because a majority of the respondents were against independent candidacy, we believe largely that this was because most of those that took an interest in our deliberations were party members.
“However, we believe that widening the political space is consistent with the APC and the president’s commitment and we have made recommendations for independent candidacy but with very strict conditions.”
The committee chairman said that apart from the recommendations contained in the report, the committee also went ahead to compile draft legislations in the form of bills, which can be forwarded to the National Assembly for consideration.
Earlier, while receiving the report of the committee, the National Chairman of APC, Chief John Odigie-Oyegun, said: “Today is one of our proudest moments since we were entrusted with the task of running this party and we have succeeded in producing the government which has sustained us till date and today.
“We have a report by a team of the most intelligent, young Nigerians, young Nigerians dealing with the most fundamental issues and challenges that beset this nation.”
Oyegun assured Nigerians that the leadership of the party will study the report of the committee with a view to making its recommendations to the government.