Last week Saturday, the people of Kwara state gathered at their different constituencies to exchange views on issues they want considered during the review of the 1999 constitution. UMAR BAYO ABDULWAHAB puts together the views of the people

Attendance

The turnout of participants at the venues of the House of Representatives’ organized Public sessions in Kwara state were quite impressive as stakeholders that included traditional rulers, Civil Society organisations such as the Nigeria Bar Association,(NBA),Nigeria Union of Teachers (NUCT),Nigerian Labour Congress (NLC), members of the political class, academia, Students union representatives among others filed out in droves as part of their demonstration of interest in the process for the review of the 1999 constitution.

There was also heavy presence of armed security personnel comprising men of the Nigerian Security and Civil Defence Corps (NSDC), Police and State Security Services (SSS).

At each of the sessions, a chairman was appointed from amongst the participants to moderate the proceedings while a steering committee was put in place to record the activities as well as take submissions from individuals and organisations.

In arriving at decisions, constituents argued for and against the different submissions proposed as guided by the 43 questions contained in a template distributed to them even as submissions were welcomed from outside the template.

The popular demands

The issue of creation of new council areas was a major source of agitation at the public hearing on the proposed amendment to the 1999 constitutional held across the six federal constituencies of Kwara state. While most of those who spoke on the issue during the hearing noted that the demand was not a call for the severance of cultural ties within the existing council areas, they however chorused that the creation of new councils in the area will help to generate employment and reduce the noticeable upsurge in youth involvement in crimes and poverty.

At the Asa/Ilorin- west session, the Galadiman Garin of Ilorin Alhaji Umar Adelodun, who canvassed for the creation of additional 10 local government areas from the Ilorin emirate, argued that it would provide jobs, alleviate poverty as well as end youth restiveness. His submission received a thunderous ‘yeah’ from the audience, who however opposed the creation of additional states.

The call for the creation of state police was vehemently opposed on the ground that it would be abused by the powers that be.

The agitation for abolition of the States/Local Government joint account operation, and autonomy for local governments were generally agreed upon in all the constituencies.

Similarly, the call for the controversial and dicey removal of immunity clause enjoyed by governors and the single term tenure among key other issues that had generated public debate were decided by vote from members of the audience.

From the federal constituencies of Asa-Ilorin-west, to Ilorin-East/South, Ifelodun/Offa/Oyun to Baruten/Kaiama, Kwara central, south and north senatorial districts respectively, participants vehemently opposed the creation of additional states.

Khadis call for religious nation

From kwara central, Khadis of the Sharia Court of Appeal canvassed an amendment of sections of the constitution ‘‘to address Nigeria as a religious nation, saying that “paragraph 1 of the Nigerian constitution states that the people agreed to live in unity and harmony as one indivisible and indissoluble nation under God’’.

Justice Salihu Mohammed, a Khadi of the Sharia Court of Appeal, Ilorin who spoke on behalf of other Khadis, also canvassed an amendment of sections of the constitution which currently limits the power of the Sharia court in relation to matters they can entertain from litigants.

According to Mohammed, it has become necessary to allow sharia court of appeals to exercise appellate and supervisory jurisdiction in civil proceedings involving matters of Islamic laws and not the narrow limitation to Islamic personal laws.

The Jurist argued that from experience, there are cases now being heard by some states High Courts which ordinarily should be handled by a Sharia court as the most competent platform.

Kwara North differ on state creation

Reaching a consensus vote against state creation in Baruten/Kaiama constituency in Kwara North senatorial district, required a lot of efforts and persuasions from stakeholders before participants eventually shifted their earlier ground that they wanted state creation.

The debate for state creation which later took the center stage at the session, witnessed the people agreeing to the fact that while it was necessary to open up the areas for development, the desirability of the creation for now cannot meet the with the needed development.

But the clamour for creation of additional local governments, abolition of states /local government joint account operation, and autonomy for local governments were generally agreed upon in all the constituencies, except Kwara north.

On whether section 135 and 180(2) be amended to create a single tenure for the office of the president and governors, participants in Baruten /Kaiamain Kwara north senatorial district of the state, voted for a single tenure, for presidency but kicked against rotational arrangement while those in Ifelodun/Offa/Oyun in Kwara south senatorial district of the state, settled for a single term of five years.

The common grounds in Kwara Central/South

Participants in Kwara central and south senatorial district of the state voted against state creation but agreed on additional local government.

There was also a consensus on financial autonomy for local governments as majority voted for the abolition of the state/local government joint account just as they advocated for elected chairmen to head local councils.

Majority of the people at the session opined that creation of more states could draw back the impetus made in entrenching unity among Nigerians.

A legal practitioner, Barrister Edun Alabi Bolaji called for caution on state creation which he noted could threaten the unity of the country, saying, “Don’t create state, we want development”.

The session chairman of the Ilorin East/South Constituencies, Alhaji Aliyu Alarape Salman, (SAN) commended the National Assembly for the efforts, noting that military dictatorship which prepared the 1999 constitution hoodwinked Nigerians to imply that it was a people’s constitution by the preamble, “We the people of Nigeria”.

According to him, “The last constitution, the preamble said, “We the people of Nigeria” and we knew that it is not, “We the people of Nigeria”, we knew that it was some military junta who gathered themselves. So, we are going to do our best, we hope the people do not vote according to their political party but they will vote in the interest of the country.

The session Chairman of Asa-Ilorin West Constituencies, Hon Abdulwahab, Omotose, described the exercise as a crucial one that will ensure that we have the finest and best constitution.”

Omotose ,a onetime Majority Leader of the State House of Assembly further said the House of Representatives directed members to conduct the session in al the 360 federal constituencies nationwide to ensure that constitution review start from the grass root’

NBA’s declaration

While others were taking positions for and against, the Nigeria Bar Association (NBA) said that the public session conducted by the National Assembly in all the 360 federal constituencies was illegal and therefore insisted that there must be referendum if the constitution is to be properly reviewed.

The Ilorin branch Chairman of the NBA, Barrister, Rafiu Balogun, who reiterated the position of the association in a chat with journalists said, “The NBA maintains that only through referendum that the voice of the people would be known in the constitution, but our Reps say it’s not permissible by the constitution. We (NBA) are also saying town hall meeting is not known to the constitution.”

Balogun said, “I want to say that in the first place, as NBA, our view is that what we think will represent the voice of our people is referendum, but then, if the House said the constitution does not really permit it, we are also saying what we are having today (Town Hall meeting) is not known to the constitution. Town hall meeting is unknown to constitution.

“But then, at least we have moved forward. Now everybody is here to discuss our constitution. Unlike the military when the constitution was forced on us, but my worry is that this is just the first stage because what we have discussed today will also be discussed at the National Assembly. Supposing they throw it away at the level, I mean the two-thirds vote. The procedure is cumbersome and what we did today may come to nothing. So, it’s like mixed feelings for me. We are going, but can we really go further? Can we move forward with what we are having today? But I welcome it.”

His declaration came just as the General-Secretary of the branch, Sulyman Abaya advocated more powers for the NJC to allow it not to only appoint but to include and discipline erring Judges adding that the impasse experience in the case of Justice Ayo Salami of the Court Appeal would have been resolved if the NJC had the power to discipline judges.

Reps members’ remarks

Moshood Mustapha

Commenting on the exercise, the Vice-Chairman, House Committee on Petroleum (Upstream), Hon. Moshood Mustapha, said the exercise was aimed at ensuring participatory democracy in Nigeria towards the production of a people’s constitution and therefore pledged to champion the decision of his constituents for the creation of additional local governments if the ongoing review of the 1999 constitution eventually allows the amendment.

Mustapha, who spoke against the backdrop of loud demand for additional local government areas from the present Ilorin West/Asa federal constituency of Kwara state which he represents at the lower chamber of the National Assembly, noted that once the issue emanated from the generality of the people, he would have no option than to pursue it as a legitimate demand.

Mustapha also said he was very optimistic that the outcome of the public hearing will give voice to the genuine demands of the people and eventually produce a truly people’s constitution.

Ali Ahmed

In his own remarks, Chairman of the House Committee on Justice, Dr. Ali Ahmad, said there should be a cessation to constitutional amendment at the end of the ongoing exercise.

He said, “The frequent amendment to the 1999 constitution has bastardised the existing document. No constitution has suffered more amendment. Therefore, Nigeria should attach ample seriousness to the ongoing constitution review exercise in order to see the possibility of a moratorium.

“If you give me the chance, the amendment should, if not the last in this generation, we should have a moratorium on constitution review. I want us to take this opportunity seriously. I believe a constitution is not a perfect document anywhere in the world. It needs the goodwill of the people, independent judiciary, and vibrant legislation.

“We should have a moratorium on constitution review. After this exercise, we should give it a chance, not in this generation again, 20 years, 30 years before we come back again to review the document”.

The lawmaker assured that all the decisions reached at the session would be strongly pushed. We have to understand the issue- the good, the bad and we will discuss. We are not only here to discuss, to debate or pontificate, we are here to make decisions. Out of the 43 issues, no fait accompli, my role is not to push any view, what I want is your decision to be taken to Abuja”.

Rafiu Ibrahin

Speaking along the same line, Hon Rafiu Ibrahim, Representing Ifelodun/Oyun Constituencies said the public hearing was an indication that the lawmakers were transparent in the process of amending the nation’s constitution.

“You know the town hall meeting is happening across the country and you can take us for our words. The seventh National Assembly, if we are not going to be transparent, we won’t bring it down to the people,” Ibrahim said.

The town hall meeting, he noted, was in response to the continuous clamour for participatory, inclusive and transparent exercise in the constitution review.

According to him, “The ultimate is to build a stable, peaceful, united and prosperous Nigeria. The people’s public session is a response to the continuous clamour for participatory, inclusive and transparent exercise that will take the process and issues of constitutional review to the Nigerian people in their various communities.

The 43 item template before you is to serve as a guide to elicit popular participation, and was the result of a painstaking and thorough process of going through millions of pages of memoranda, committee reports, petitions, requests, past constitutions and ordinances, every imaginable piece of information brought to the notice of the National Assembly and our committee.

“We cannot afford to fail in our duty to our people and we seek wisdom, strength, popular support and divine guidance to build a life more abundant for our people.

“I’m so happy that in Nigeria, we are growing in the political system. We just pray for the almighty to let this transform into visible development. I implore us all to remain peaceful and prayerful with government. Just like we have promised, our target is April 2013; we should have the amended constitution ready for the State Assemblies.”

Zakari Mohammed

Speaking after the exercise, Zakari Muhammed described the exercise as very impressive and underscored the wisdom of the House of Representative to bring the debate on constitutional amendment down to the grassroots.

He said, “The quality of the debate and the democratic demonstrations where the majority carried the day on these issues, even though there were few disagreements, is heart warming and signals the positive direction the country is threading.

“The way it is now, we want the status quo to remain. It’s an issue that will be embedded in the constitution and not a one-off thing. Instead of creating multiplicity of states which is not a viable option now, there should be the strengthening of geo-political zones with local governments that are independent”, he reiterated.

He said Baruten/Kaiama constituency has a stand on each of the issue debated, which will be forwarded to the committee headed by the Deputy Speaker for mileage.

The House, he added, will aggregate all the positions of the 360 federal constituencies in the country to be climaxed by a public hearing in order to produce a clean document for the use of every Nigerian.

While the nation looks forward to the next stage of the constitution review process, it is hope that the views and submissions of the people would be respected and see through the light of the day for a people’s constitution to really emerged.