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Senator Foster Ogola
The South-South senators, yesterday, kicked against the non-inclusion of resource control in the ongoing amendment of the 1999 Constitution of the Federal Republic of Nigeria (as amended). The lawmakers from the oil-rich region expressed their disappointment and demanded that the omission be corrected before the conclusion of the constitution alteration process.
This was sequel to Senate’s commencement of the consideration of the harmonised report of the National Assembly Committee on the Review of the 1999 Constitution of the Federal Republic of Nigeria (Fourth Alteration).
The apex legislative chamber also resolved that it would, today, embark on clause-by-clause voting on the various amendments carried out on the constitution, as it set out to adopt the report before going on its annual recess tomorrow. Senator Foster Ogola (PDP-Bayelsa West) stated that the amendment did not capture the yearnings of the people from South-South, particularly with respect to true federalism that could give rise to resource control. He said: “There should be true federalism and economic restructuring in a way to make every state control the resources within its confines. This issue that concerns my own people is excluded, and my people will definitely ask questions; they will want to know how and why this important matter agitating their mind was omitted.”
Ogola recalled that the issue of resource control has been a very critical issue causing tension in the Niger Delta over the years, appealing to the Senate to take advantage of this review process to address the problem, so that there would be enduring peace in the region.
The lawmaker, who spoke to journalists briefly after plenary, said that lawmakers from the region would have to press further to get resource control form part of the amendment. “Much as I commend the committee for the tremendous work done, I want to put it on record that I and other senators from the Niger Delta are not satisfied with that serious omission or oversight on the part of the committee. We still have opportunity to redress it before the adoption of the report,” he said.
This was even as some senators, particularly those from the North, vehemently rejected the recommendation of the Review Committee that the Land Use Act be expunged from the Constitution.
The Northern senators argued against one of the recommendations, proposing devolution of powers, so that states would exercise more powers than the Federal Government. Presenting the report to the Red Chamber, the Deputy President of the Senate and Chairman of the Senate Committee on the Review of the 1999 Constitution, Dr. Ike Ekweremadu, noted that the committee recommended 27 bills for consideration and passage by the Senate, all geared towards amending the Constitution.
He explained that the whole aim of the amendment exercise was in fulfillment of the wishes of the people, the need to strengthen institutions of government for greater efficiency and to deliver the common good of state.
After presenting the report, senators took turns to make contributions based on the various areas of the constitution altered and the purposes for which such alterations were made. One of the amendments that attracted sharp reactions from the senators, including some of those who participated in the amendment, was the recommendation number 32, which proposed that the Land Use Act be deleted from the Constitution so that it could be subject to the regular process of amendment.
While contributing, Senator Adamu Aliero kicked against the removal of the Land Use Act from the constitution, saying that he and his constituents were satisfied with the position of the Act in the nation’s grand norm. He also cautioned the Senate against going ahead with the amendment because it would end in futility, stressing that the northern states’ Houses of Assembly would surely kill the proposal during the consideration of the report at the state level. “I am totally against removal of the Land Use Act from the Constitution. We are happy the way it is in the Constitution.
“And there is no point for the Senate to waste its time on something that will not work because it will be effort in futility. I am sure that even if we pass it in the National Assembly, the northern states’ Houses of Assembly can never pass it,” he said.
Aliero further opposed the recommendation for devolution of powers, arguing that the revenue allocation formula had not been reviewed to accommodate more responsibilities to the states.
Ironically, Senator Danjuma Goje, who is a member of the Constitution Committee, and duly append his signature to the report, also supported the position of Aliero. Goje said there was no point attempting to delete the Land Use Act from the constitution, noting that it would not be a successful venture. He also opposed the proposal to give states more responsibilities without corresponding financial backup through improved revenue allocation.
The position taken by Goje, however, angered Senator Peter Nwaoboshi, who expressed concern that it was mark of hypocrisy and betrayal of confidence, for a senator who participated in the review exercise and signed the report to turn round and oppose what he endorsed. Senator Gbenga Ashafa from Lagos State, however, joined his colleagues in kicking against the attempt by the Review Committee to delete the Land Use Act from the Constitution, advising that it should be allowed to remain as it is.
Senator Dino Melaye suggested that the Constitution should be further amended to give the responsibility of conducting local government elections to the Independent National Electoral Commission (INEC), saying that the current situation where the state electoral commissions undertook the task made nonsense of the exercise because the state governors usually hijacked the process to their advantage. Senator Shehu Sani also supported Melaye on the issue of local government elections, saying, “for us to have credible elections at the local government, INEC must be given the responsibility.”
Also, the Senate amended the Constitution to abolish the controversial state/local government joint account, to make the third tier of government completely financially autonomous. On the local government autonomy, the Senate effected the amendment of Section 162 to carry out the abolition of State Joint Local Government Account so that each council maintains an independent special account into which allocations accruing to it shall be directly paid from the Federation Account and the state government.
The Constitution amendment also seeks to provide uniform three-year tenure for all the local governments. The tenures have been abused with some states reducing it to as low as one year. Section 7 was also altered to provide that only democratically-constituted local governments can receive allocation from Federation Accounts and State Government and can be recognised by any authority or exercise any function exercisable by local governments in the constitution.
The constitution was also amended to restrict a person who was sworn in as President or Governor to complete the term of the elected President from contesting for the same office for more than one term. (New Telegraph)