Constitutional Reforms: True Restructuring Nigeria Needs

Introduction: In recent times, there has been a clarion call for the review of the current Nigerian Constitution, to provide for the restructuring of the country and take it back to the true and fiscal federalism as was practiced in the First Republic. This is as a result of genuine or perceived feelings of marginalization by the different regions, particularly, those in the southern parts, in the way the country’s wealth is being distributed. In the past few months, there have been public hearings and discourse by the National Assembly with a view to amending the 1999 Constitution of the Federal Republic of Nigeria as was enacted by the military, and making it more acceptable in meeting the needs of contemporary Nigeria.

I make the following recommendations as a way forward:

1. Federal Structure in Governance and Power Devolution: For the sake of equity, the relevant sections of the constitution should be amended to make provisions for the Presidency of Nigeria to rotate amongst the 6 geopolitical zones, alternating between the north and the south. I also propose a 6-year single tenure for the president and state governors. This will give every section of the country a sense of belonging and lead to a reduction in budgetary allocation for general elections to be held every four years. It will also lead to a drop in extra-budgetary spending by desperate politicians seeking re-election into various offices.

2. Local Government Administration and Autonomy: I propose the administrative, fiscal and Socioeconomic autonomy for the LGAs. Section 162 which stipulates a joint account for states and LGAs should be abrogated. The tenure of office for LGA Chairmen should be clearly defined in the constitution. LGAs should be responsible for primary education and healthcare, while state governments should focus on secondary education, General and Specialist hospitals.

There is the absence of an influx of foreign investors due to prevailing circumstances in the country. As a way of exploiting this situation, it is necessary to look inwards and make the LGAs Development Centres. LGAs should be encouraged to go into agro-allied businesses by setting up Communal Farm Camps or Settlements. With this, the Federal Government should ban all forms of food importation and the Import List reviewed accordingly. Following this autonomy, some well-intentioned Federal and State micro-economic programmes such as the Skills Acquisition Programmes, 1000 Jobs Per LGA, Trader Moni Scheme, will be taken over by the LGAs, where the youths will be productively engaged. This will lead to a sharp drop in unemployment in the country and a reduction in rural– urban migration. Local Government Development Boards under the State Ministry of Local Government and Chieftaincy Affairs can monitor the activities of these ventures.

3. Public Revenue, Fiscal Federalism and Revenue Allocation: I propose a review of the Revenue Sharing Formula in favour of the LGAs as follows: 25 percent to Federal, 25 percent to the States and 50 percent to the 774 LGAs in the country. The Exclusive and Concurrent Legislative Lists should be reviewed in line with the devolution of functions to the three tiers of government. This will reduce the power of the centre, strengthen the periphery and bring the power of self-determination to the people. It will also lead to the deployment of human and material resources from urban to rural areas.

States should be given a free hand to exploit their mineral resources to its fullest potential and strengthen their Internally Generated Revenue drive through taxation and the payment of royalties. To improve on the availability of sharable funds, I recommend the complete removal of fuel subsidy, stoppage of funding of pilgrimages and other forms of tourism by government, whether of religious or medical and redenomination of the Naira to remove the impression of a pseudo-bogus economy. The NYSC Act may have to be reviewed, as many graduates only appreciate the one-year employment opportunity it creates rather than national coercion and patriotism it is meant to achieve.

4. Constitutional Provision for the Establishment of State Police: Since the governors are the Chief Security Officers of their states, I advocate the establishment of State Police and Community Policing under the state governors. With this arrangement, two states will be supervised by a Zonal Commander of the rank of Assistant Inspector General of Police, while Deputy Inspectors General of Police shall be responsible for each geopolitical zone. The highest echelon will be the Police Council at the centre, responsible for their overall superintendence. An Area Commander not below the rank of a Chief Superintendent of Police should be in-charge of a LGA.

5. Judicial Reform and Other Justice Delivery Concerns: Relevant sections of the constitution should be amended to allow each state of the federation to have a Court of Appeal, and a Supreme Court for each geopolitical zone, with 7 Justices - one from each State, with the most senior as the Presiding Judge. The decisions of this Court shall be final. There shall be a Supreme Court of Nigeria, that will adjudicate on matters that emanate from the Federal High Courts, National Industrial Courts and the Presidential Election Tribunal, only. The Supreme Court of Nigeria shall have 12 Justices, 2 from each geopolitical zone of the country. With this arrangement, 54 Justices of the Supreme Court shall carry out the adjudicatory functions of the 18 Justices of the Supreme Court as it is today. With the establishment of more appellate courts, the period of trial for criminal and civil procedures shall be restricted as is done for electoral matters. These measures will lead to the quicker dispensation of justice as an egalitarian society cannot be built in the absence of social justice.

The judicial autonomy being clamoured by the federal and state Judiciary Staff Unions should be instituted. Funds freed for the states by the devolution of certain duties to the LGAs can be applied to service the State Police and Judiciary Autonomy. I also recommend the legislation for Alternative Dispute Resolution, and apart from the Chief Justice of Nigeria, no serving Judge should be a member of the National Judicial Council (NJC).

6. Electoral Reforms that will make INEC Deliver Credible Elections: I do not subscribe to electronic voting in the general elections for now, as the country lacks the capacity to provide the necessary facilities in every nook and cranny to support this process. But I advocate for the retention of electronic transmission of authenticated results in the electoral process. This is because, since the results are uploaded to the INEC database in advance, the process will check the alteration of results in transit between the polling units and collation centres. It will also make ballot box snatching and other violent activities aimed at falsifying election results unnecessary.

7. Removal of Immunity in Prima Facie

Criminal Cases: I recommend the removal of the immunity clause for a criminal case to be brought against the president and states governors, even before the establishment of a prima facie. The establishment of prima facie can be frustrated by the power of incumbency of governors, especially with the institution of state police, when they will superintend over the apparatus of government responsible for the establishment of prima facie criminal cases. This will make the screening process for flag bearers of political parties more stringent as the parties strive to present their best, not just the anointed of god-fathers or those who will become a burden of litigation.

8. States and Local Government Creation: I recommend 7 states per geopolitical zone to avoid the creation of unviable fiefdoms. Anioma State (which should include Ndoni people) should be carved out of Delta State and be part of the South-East Zone. No State should be larger than any geopolitical zone in land mass. The current Niger, Taraba and Bornu states should be split into two states because of their large geographical land mass and population. The southern part of Taraba State should join the North–Central states. Kwara should be included among the South-Western states.

A Western Ijaw State should be created for the Ijaw along the coastlines of Delta and Ondo states with a centrally located capital. The terrain of this state will be deltaic but its development will be enhanced due to its being an oil producing state. The natural boundary for Rivers and Bayelsa states which is the tributary of the River Niger at the Mbiama bridge should be adjusted to include the Engenni in Bayelsa because of ethnic affiliations. A situation where a town in a state (Mbiama) is contiguous and shares boundary with the capital of another state (Yenagoa) is anomalous.

States can only create LGA subject to meeting the current approved guidelines. Since the funding of LGAs is shared from the federation account, this has to be backed by national legislation to avoid arbitrariness. Aside the conditions already set down, I recommend the following additional criteria to justify LGA creation by states: Population Size and Number of Wards; Number of government–owned schools (at least 5 Primary and 3 Secondary); Number of government-owned Health Institutions (at least 4 Primary Health Centres and 1 General Hospital); Homogeneity of the people and presence of Traditional Institutions especially 2nd Class Chiefs.

9. Strengthening the Independence of Institutions: Legislation should be put in place so that institutions such as the Independent National Electoral Commission (INEC); Economic and Financial Crimes Commission (EFCC); Independent Corrupt Practices and other Related Offenses Commission (ICPC); Financial Intelligence Bureau (FIB); Offices of the Accountant General; Auditor General and Attorney General of the Federation; Code of Conduct Bureau; Federal Character Commission; Public Complaints Commission; should be made free from political interference so that they can function maximally. This can be achieved by removing the powers of appointing their Chief Executives and their supervision from the executive arm of government and domiciling it with the National Judicial Council and by creating financial autonomy for them.

10. Federal Capital Territory Administration: To give all Nigerians a sense of belonging, the Federal Capital Territory should not be made a state, but should continue to be administered by the Federal Capital Development Authority under a Mayor or Minister from any part of the country, and funded mostly from IGR and a small percentage of money from the federation account.

11. The Legislature and Legislative Bureaucracy: To cut the cost of governance and enhance the expeditious passage of bills, I propose a full-time Unicameral Federal Parliamentary Legislation with members of the House of Representatives becoming Senators, with their constituencies now becoming the Senatorial zones in the states. 360 Senators will not be too much for a diverse population of two hundred million people.

12. Constitutional Roles for Traditional Rulers: The traditional rulers are the custodians of the culture and tradition of their people. They live in close proximity and in most cases command their respect. In present day Nigeria, they have come to find relevance and can be considered the ‘Fourth Tier of Government’. They should be given specific roles to play in the administration of their states, LGAs and wards. 1st Class traditional rulers should be members of their State Executive Councils, while 2nd Class should be members of their Local Government Councils.

13. Other Issues that can Promote the Unity and Good Governance of the Nigerian Nation: Resource control by the states and LGAs should be promoted by a review of the 13 percent Revenue Derivation in favour of the Oil Producing States and LGAs, and by the passage of the Petroleum Industry Bill. The passage of the PIB should provide for 4 percent of the revenue derived to the Oil Producing States and LGAs and a corresponding reduction of the percentage to the Niger Delta Development Authority (NDDC). Terms of Reference of the NDDC should be revised in this regard.

The Anti-Open Grazing Bill should be passed into Law to prevent herder–farmer clashes and cattle rustling in the country. The Ruga Scheme or ‘Cattle Right of Way’ should be dropped in favour of ranching.

I advocate the establishment of an Institute of Forensic Science in Nigeria, where a data bank of ethnic specific normative biometric profile and baseline anthropometric parameters can be developed and accessed for coroner’s inquest, and to guide clinical and ergonomic procedures. With this, a sizing national survey to be termed SizeNigeria can be conducted.

Conclusion: My proposals for the restructuring of the country will give the power of self-actualization to all ethnic groups including all the minorities. These far-reaching opinions, if passed into law, will require the courageous implementation from the three tiers of government and sacrifices from all facets of society. But it will lead to a more rapid and equitable socio-economic and political development of our dear country, Nigeria. It will strengthen its unity, promote peaceful co-existence and lead to a sharp decline in the lingering poverty, unemployment and disease and attendant loss of lives and increase in criminality such as terrorism, insurrection, insurgency, kidnapping, ritual killings, banditry, militancy, pipeline vandalism and destruction of public property currently pervading the country. It will also lead to a reduction of corrupt practices and assuage the agitators of secession within the shortest possible time.