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Ohanaeze Draft Submission To NASS Committee On Nigerian Constitution Review
(on behalf of the Igbo-Speaking People of Nigeria)


( Monday, July 2, 2012 )

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"TABLE OF CONTENTS"

1. BACKGROUND                     Page 2

2. EXECUTIVE SUMMARY OF THE POSITION OF NDIGBO                     Page 6

i. Restructuring of Nigeria into Six Regions       Page 6
ii. Powers of Federal, Region (and States)       Page 6
iii. Citizenship Rights       Page 8
iv. Form of government for Federal Republic of Nigeria       Page 8
v. Tenure of Chief Executive at Federal, Region/State       Page 8
vi. Revenue-Sharing (“Fiscal federalism”)       Page 9
vii. Reorganization of the Police       Page 10
viii. Reorganization of the Nigerian Armed Forces       Page 11
ix. State Security Services       Page 11
x. Civil Service Reforms – Federal Character Principle       Page 12
xi. Political Party Reforms       Page 12
xii. Judicature       Page 12
xiii. Population/Census                     Page 12
xiv. States Creation and Boundary Adjustments       Page 13
xv. Role of Traditional Rulers       Page 13
xvi. Non – Adoption of State Religion       Page 13

3 CONCLUSION                     Page 14

From Ohanaeze Ndigbo
(on behalf of the Igbo-Speaking People of Nigeria)

28th June, 2012

MEMORANDUM FROM OHANAEZE NDIGBO

1. BACKGROUND

For our country, with its colonial stamp of 'made in England', the three hundred odd ethnic and sub-ethnic units in this land, brought together by the force of British Imperialism to forge a modern nation, have good cause to thank God for the astonishing abundance of human and material resources bestowed on us. We are still in the process of nation building, struggling to blend together and harmonize our various very rich but differing traditions, customs and cultures.

The recognition of the significance of ethnicity was clear at the birth of an independent Nigeria in 1960. The larger ethnic units of Hausa/Fulani-Igbo-Yoruba formed the basis of the three Regions North-East-West. Ethno-based agitations aimed at asserting the separate identity of the smaller groups, promptly sprouted in the three Regions. These include the United Middle Belt Congress (UMBC) Movement in the North, the Calabar-Ogoja-Rivers (COR) State Movement in the East and the Midwest Movement in the West.

The current concept of six geo-political zones is also ethnically based, with three zones accorded to the larger ethnic groups and, to balance them out, three also to a conglomerate of the smaller ethnic units. The simple lesson from this structural arrangement is that the ethnic units are recognized and accepted as the veritable building blocks in the on-going construction work and nation building process in Nigeria.

In our socio-political and economic intercourse, all groups (big or small) must be allowed free-play and equitable access to our country's resources and strategic political command posts, including particularly the presidency. Sustained imbalance in sharing responsibilities and the 'national cake' could conceivably induce in those units aggrieved a rethink of the value to them of our much vaunted national unity. The break-up of ethnically composite countries, some very powerful and prosperous, like the former Soviet Union, Yugoslavia and Czechoslovakia, took place along ethnic lines. Nearer home, the Republic of Sudan has just split up after decades of fratricidal conflict. These are unsavory examples that we must strenuously strive to limit in Africa, already politically over-fragmented. The needed unity in diversity of our country and its political stability are best guaranteed via an equity-oriented formula that creates a comfortable sense of belonging for all Nigerians.

At independence in 1960, what our founding fathers settled for was a full-blown Federal Structure, with three Regions, East-North-West, as the federating units of our nation. All three regions were constitutionally equal in status. A fourth Region, the Midwest, was created by regular constitutional amendment in 1963.

Thus, the 1963 “Constitution of the Federation” (Republican Constitution), Chapter 1, Section 5(1) states:

    Subject to the provisions of this constitution the Constitution of each Region shall have force of law throughout that Region, and if any other law is inconsistent with that Constitution, the provisions of that Constitution shall prevail and the other law shall, to the extent of the inconsistency be void.

Almost thirty (30) years of military rule has transformed our Federation into a quasi-unitary state bringing along with it political instability. It is important for the “Constitution Review Committee” to admit that the Federation upon which Nigeria was born and founded no longer exists. What now exists is an over-centralized Central Government called “Federal” Government.

For the sake of the FUTURE OF STEADY AND SUSTAINABLE NIGERIA as ONE COUNTRY and ONE NATION; AND FOR THE SAKE OF DEVELOPMENT; AND FOR THE SAKE OF FUTURE GENERATION OF NIGERIANS, and for the sake and benefit of ALL Nigerians; we must face the FACT that the STATUS QUO is untenable. This generation of Nigerians must, therefore, steer the ship of State along the course on the basis of which our country was founded by REAFFIRMING TRUE FEDERALISM as the best system of Government for Nigeria.

A reaffirmation of TRUE-FEDERALISM is CRITICAL to the success of political reforms as it provides the correct platform for strengthening the foundation of ONE COUNTRY and ONE NATION called NIGERIA. TRUE-FEDERALISM eliminates the fear of domination by one or a combination of groups of Nigerians over others and reduces ethno-cultural tension, thus releasing the positive and creative energies of Nigerians to the building of a nation that will be a pride to all black people on earth. The “Amendments” to be recommended by this Committee should aim at achieving this objective.

The various political crises in Nigeria from 1959 to date, underline the FACT that ethno-cultural pluralism is ineffective in a country which permits the domination of other ethnic nationalities by one or a combination of them.

In other words, NIGERIA HAS A BRIGHT FUTURE AS ONE COUNTRY AND ONE NATION, ONLY TO THE EXTENT THAT THE CONSTITUENT COMPONENTS ALSO HAVE A FUTURE. Consequently a primary challenge that we have in Nigeria today is to reduce ETHNIC and SECTIONAL potential conflict areas to the SAFEST MINIMUM.

This means a sincere affirmation of True Federalism by all Nigerians. This implies appreciable Decentralization of Power and Responsibilities from the Centre (Federal) to Federating Units. This implies greater Financial Resources to the Federating Units in tandem with increased responsibilities etc.

One of the most important advantages of TRUE FEDERALISM is the equilibrium between the CENTRE (Federal) and REGIONS (Federating Units). In a country like Nigeria with multi-ethnic nationalities, the constitutional balance required by TRUE FEDERALISM should limit the tendency towards over-centralisation.

In decentralization and devolution of powers from Centre to Federating Units, the OVERRIDING PRINCIPLE is not to use “tea cups” (States) to receive water from an overfull “drum” (Federal Government) of water - at least “buckets” (Region) are required for a meaningful exercise. Furthermore, the major Danger and Risk of imposing a Strong Central Government (over-centralization) is that it can only be achieved only by those who control the levers of power. An all powerful Federal Government controlling the bulk of NATIONAL PURSE and economic development is not desirable. It cannot endure and will not be tolerated indefinitely by the disadvantaged sections of the country, and there shall be several attempts to reverse it leading to serious and constant disequilibrium in the polity.

There can be no doubt that Nigeria was making more progress in national development in the early years of its independence when it practiced a true federalism of four regions with more extensive powers devolved from the centre to the regions. Those were the days of the significant export of groundnuts, hides and skins, and the tin ore from the North; of cocoa from the West; of rubber from the Mid-West; and of palm produce and coal from the East of Nigeria. They were also the days of such achievements as the free universal education in Chief Awolowo's Western region, and of the burgeoning industrialization of Dr. Okpara's Eastern region.

To return to true federalism, we need a major restructuring of our current architecture of governance. We would need six federating units, instead of our present 36 units which not only sustain an over-dominant centre, but also compel the country to spend not less than 74% of its revenue on the cost of administration. If the existing 36 states must be retained in some form, they could be made cost-effective development zones with minimal administrative structures within the six federating units.

WITH THIS BACKGROUND NDIGBO STRONGLY ADVOCATE THE RESTRUCTURING OF NIGERIA INTO SIX (6) REGIONS BASED ON ETHNIC/LINGUISTIC GROUPS (and other related parameters) NAMELY:

    a. SOUTH-EAST REGION OF NIGERIA
    b. SOUTH-WEST REGION OF NIGERIA
    c. SOUTH-SOUTH REGION OF NIGERIA
    d. NORTH-CENTRAL REGION OF NIGERIA
    e. NORTH-EAST REGION OF NIGERIA
    f. NORTH-WEST REGION OF NIGERIA

With ABUJA as the FEDERAL CAPITAL TERRITORY

These regions will constitute the Federating Units, with greater emphasis on derivation in revenue allocation; and equality of the six regions with regard to revenue distributable to the Federating Units.

NOTE:
However, national cohesion and stability should not be jeopardized by giving undue encouragement to centrifugal forces - a potential risk in giving UNLIMITED POWERS to Federating Units.

The objective of the Constitutional Review must be to keep Nigeria as a whole (not a group or section) strong. Accordingly, the Centre (Federal Government) should have all that it genuinely requires to keep the country together, with minimum risk of abuse of power by the Central Government.

Finally we note that whichever way a True Nigeria Federation evolves, FISCAL and FINANCIAL RELATIONSHIP between the Center and Federating Units; and the economic development cum financial independence of the Federating Units are of crucial importance.

EXECUTIVE SUMMARY OF THE POSITION OF NDIGBO

The position of Ndigbo on Nigeria has remained constant: i.e TO HAVE A TRULY FEDERAL NATION called NIGERIA with an effective CORRUPTION-FREE EQUITY ORIENTED GOVERNMENT, whose primary objectives shall be the welfare and well-being of the peoples of Nigeria irrespective of creed or culture.

Accordingly, Ndigbo at this point desire nineteen (19) constitutional provisions.

Restructuring of Nigeria Into Six Zones

TO RETURN NIGERIA TO TRUE FEDERALISM
        Specifically Ndigbo advocate that Nigeria should be RESTRUCTURED INTO SIX REGIONS namely:
        a) SOUTH-EAST REGION OF NIGERIA
        b) SOUTH-WEST REGION OF NIGERIA
        c) SOUTH-SOUTH REGION OF NIGERIA
        d) NORTH-CENTRAL REGION OF NIGERIA
        e) NORTH-EAST REGION OF NIGERIA
        f) NORTH-WEST REGION OF NIGERIA

Each Region of Nigeria shall have its own “Regional” Constitution. The States of the present Federation that shall constitute each Region are as presently constituted in the zones with boundary adjustments where necessary.

Each Region shall have the right to determine the number of States, Local Governments, and District/Community Councils that shall constitute the Region, according to the limits of their resources.

Federal (Central) Government shall not be involved in State, Local Government, and District/Community Councils matters.

Powers of Federal, Region (and States)

Power shall be decentralized. The powers of the Central (Federal) Government shall be drastically reduced in favour of the REGIONS AS Federating Units. Details shall be worked out by the Review Committee bearing in mind the 1963 Nigerian Constitution, and devolution of powers as recommended by the 1994 Conference. (see Draft Constitution 1995).

As a guide we recommend that FEDERAL GOVERNMENT FUNCTIONS shall not exceed those exercised by the Center (Federal) at Nigeria's Independence in 1960 and shall be enumerated to include such matters as foreign Affairs, Monetary Policies, Citizenship, National Security, Defence etc.

THE FEDERATION OF NIGERIA SHALL HAVE A FOUR-TIER STRUCTURE, namely:
        CENTER (FEDERAL),
        REGIONS (FEDERATING UNITS);
        STATES (to be determined by the regions and not by the center according to the will of the constituent peoples of the region and enshrined in the regional constitution), and

        LOCAL GOVERNMENT. (to be determined by the States).

Over-centralisation removes power and resources from tiers of Government that are nearest to the citizen and promotes inefficiency, incompetence, corruption, alienation and loss of faith in Government. It ALSO PROMOTES INEQUALITY IN NUMBERS OF STATES AND LOCAL GOVERNMENTS PER ZONE/REGION.

THERE SHALL BE SUBSTANTIAL DEVOLUTION OF POWERS FROM THE CENTER (FEDERAL) TO THE FEDERATING UNITS (REGIONS).

    a. Each Region shall have EXECUTIVE, Legislative, and Judicial Functions. The Executive powers shall be vested in the Governor General of the Region (or by whatever name the Committee may decide)

    b. The Legislative powers of each Region shall be vested in the Assembly of the Region (Regional Assembly).

However if any law enacted by the ASSEMBLY OF A REGION is inconsistent with the provisions of the CONSTITUTION OF NIGERIA or with ANY LAW VALIDLY ENACTED BY THE NATIONAL ASSEMBLY, the law made by the ASSEMBLY OF THE REGION shall be VOID to the extent of the inconsistency.

    c. There shall be for each Region, a Court of Appeal. The Court of Appeal of a region shall to the exclusion of any other court in Nigeria have jurisdiction to hear and determine appeals from decisions of the State High Courts, and State customary Courts of appeal and state Sharia Courts of Appeal situate in that Region and such other court as may be prescribed by a law enacted by the ASSEMBLY of that REGION.

    d. There shall be a FEDERAL COURT OF APPEAL. The Federal Court of Appeal shall to the exclusion of any other court in Nigeria have JURISDICTION to hear and determine appeals from decisions of the FEDERAL HIGH COURT; the Court of the Federal Capital Territory; the Customary Court of Appeal of FCT, Sharia Court of Appeal of FCT; and such other courts or tribunals as may be prescribed by a LAW ENACTED by the National Assembly.

    Citizenship Rights

KEENLY conscious of the danger to national cohesion and unity caused by the destruction of lives and properties in ethno religious incidents in the recent past and at present, Ndigbo consider it absolutely necessary to have Citizenship Rights clearly enumerated and guaranteed; by both the federal and regional governments.

The 1963 Constitution and the Draft constitution 1995 are explicit on the fundamental rights of the Nigerian Citizen.

iv. FORM OF GOVERNMENT FOR FEDERAL REPUBLIC OF NIGERIA

Ndigbo recommend the Presidential System of Government for a restructured Nigeria.
        There shall be ONE PRESIDENT elected: nationally” with a SINGLE VICE-PRESIDENT.
        a. The Vice-President shall be assigned specific responsibilities by the Constitution.
        b. Ditto for Chief Executives of the Regions (including States) with their Deputies.

v. TENURE OF CHIEF EXECUTIVE AT FEDERAL, REGIONS/STATE

a) A PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA SHALL HOLD OFFICE FOR A SINGLE TENURE OF SIX (6) YEARS AND SHALL NOT BE ELIGIBLE FOR ANOTHER TERM OF OFFICE AS PRESIDENT OF THE FEDERAL REPUBLIC.

Apart from stopping the inevitable distraction from the time and attention of the office holder in the quest for a second term, a single tenure eliminates the crucial and unfair advantage enjoyed by an incumbent with access to vast official, which are not available to his or her co-contestants in the conduct of electoral campaigns.

The tenure of the president shall commence from the date when he was sworn in as President.

    b) WHEN A VACANCY OCCURS BY WHATEVER CAUSE (DEMISE, INCAPACITY ON HEALTH GROUNDS, IMPEACHMENT, RESIGNATION) THE GOVERNOR GENERAL/PREMIER FROM HIS/HER REGION SHALL ASSUME THE OFFICE OF THE PRESIDENT OF THE FEDERATION FOR THE REMAINDER OF THE TERM.

    c) DITTO FOR STATES WITHIN A REGION.

ROTATION OF THE POSITION OF CHIEF EXECUTIVE AT FEDERAL AND REGIONAL GOVERNMENTS

    a. The office of President of the Federal Republic shall rotate among the six Regions in turn

    a. Ditto for States within a Region.

    iv. Revenue-Sharing (“Fiscal Federalism”)

Revenue-Sharing Between The Centre And Federating Units Must Be Comprehensively Reviewed To Reflect “Fiscal Federalism”.

There are two facets to the revenue issue.

    (i) What should go to the Federation Account; and

    (ii) How the money in the Federation account will be shared between the central and regional governments

At Independence under the Raisman formula, 50% of revenue was paid to the regions of origin on the basis of derivation, while 20% was paid to the Federal Government as a contribution by the region for maintenance of the integrity of the nation, and the balance of 30% was shared equally among regional governments including the region of origin. In the same vein, the 1963 Constitution of the Federation States in Sec. 140(i): “There shall be paid by the Federal to each Region a sum equal to fifty percent of the proceeds of any Royalty received by the Federation in respect of any minerals (including mineral oil) extracted in that Region”.

Over the years, the percentage kept by the region on the basis of derivation has been progressively reduced to the level of 3-5%. As a first step to redressing the present distortion, we recommend an increase in the weighting given to the derivation factor to 30%.

Accordingly,
        a) We recommend that the amount to be retained by the Central (Federal) government be drastically trimmed down based on a thorough study of the financial requirements for accomplishing its reduced function; that the balance thereafter be shared equally between the six regions. We further recommend that the formula for sharing revenue within the regions shall be the same as recommended for the central (federal) government. However, derivation should be extended to all local governments or states that are environmentally impacted by the resource exploitation.

        b) Ownership of resources must be by the areas where these are located.

Most importantly these recommendations will reduce the “CAKE-SHARING MENTALITY” in Nigeria and lead to faster growth and development of the Nigerian economy by encouraging PRODUCTIVITY AND EXPLOITATION OF THE VAST NATURAL RESOURCES OF EACH OF THE SIX REGIONS OF NIGERIA.

iv. Reorganization of the Nigerian Police

An effective and efficient Police Force is essential for the development of democracy in Nigeria.

However past abuses, including frequent incursions of military into rulership, underline the necessity for avoiding a Constitutional arrangement which provides the TEMPTATION and the MEANS to the Federal Government (via Army and/or police) to toy with matters of vital Local interest to the people of any Region or State of the Federation.

Accordingly, Ndigbo recommend:

        a. That there be established a two-tier Police structure, to wit: REGIONAL POLICE whose jurisdiction shall be limited to the geographical areas of the Region, and National Police which shall have inter-regional jurisdiction.

        b. THE TWO POLICE FORMATIONS VIZ FEDERAL AND REGIONAL POLICE FORMATION shall have clearly delineated JURISDICTIONS, RESPONSIBILITIES, MODUS OPERANDI and “INTERPHASE PROTOCOLS” to minimize areas of friction, whilst emphasizing integrity, efficiency, and effectiveness.

        c. The NIGERIA (NATIONAL) POLICE shall draw a good portion of its personnel in each Zonal Command from the Region.

v. Reorganization of the Nigerian Armed Forces

There shall be one Nigerian Army, one Nigerian Air-Force and one Nigerian Navy.

There shall be a comprehensive review of the numbers and equipment of the Armed forces in the light of the nations objectives and resources.

        The Nigerian Army and Nigerian Air-Force shall be reorganized in ZONAL COMMANDS. Accordingly, there shall be in each Region a a. Zonal Command of the Nigeria Army and Nigerian Air-force.

        b. With regard to the Nigerian Navy, it must be ensured that the composition of their officers and men reflect a balance between the SIX Regions.

iv. State Security Services

There shall be one State Security Service in Nigeria, and it again shall be organized in Regional Commands.

v. Civil Service Reform - Federal Character Principle

There shall be for Nigeria, and for the Regions, a Civil service appropriate for the discharge of responsibilities assigned to each tier by the Constitution.

        a. The emphasis in Civil Service Reforms shall be to streamline Federal/ Regional bureaucracies so as to REDUCE COST OF GOVERNANCE whilst infusing efficiency in the system. Civil Service Review exercises at all levels will necessarily accompany the restructuring of Nigeria based on the principles of TRUE FEDERALISM.

        b. An appointment to the Head of Service of the Federation, Region shall not be made except from amongst the Permanent Secretaries or officers of equivalent rank in the Civil Service of the Federation or Region.

        c. In exercising powers of appointment into the Federal, Regional and State Civil Service for the ranks of Director and Permanent Secretariats, the President, Governor-General and Governors shall have regard to the diversity of people in the country and in the Regions and the need to promote unity and balanced development.

FEDERAL CHARACTER PRINCIPLE

        a. An essential objective in Civil/public Service Reforms shall be to enforce the Federal Character Principles. This should be made justifiable and aggrieved individuals/groups should be able under the NEW constitution to take the matter to court.

        b. Ndigbo also advocate that the “Federal Character Principle” should not be restricted to man power only but expanded to include project citing and budgeting as well as execution by the federal Government. Thus there must not be undue disparity between the six Regions in Annual Budget.

iv. Political Party Reforms

Ndigbo advocate MULTY-PARTY system as a panacea against abuse of democratic practice and process. Given time to develop, truly National Parties shall emerge based on shared ideologies.

v. The Judicature

A strong and independent judiciary is indispensable for a stable polity. Consequently, Budgetary Allocations for the Judiciary shall be on “FIRST CHARGE”. Other recommendations on Regional Judiciary, consequent upon the RESTRUCTURING OF THE POLITY INTO SIX REGIONS have been, outlined earlier.

In addition:
        a. THE SUPREME COURT OF NIGERIA SHALL HAVE JURISDICTION TO THE EXCLUSION OF ANY OTHER COURT OF LAW IN NIGERIA TO HEAR AND DETERMINE APPEALS FROM:

                i. THE FEDERAL COURT OF APPEAL

                ii. THE COURT OF APPEAL OF A REGION.

        b. THE COMPOSITION OF THE SUPREME COURT SHALL REFLECT EQUALITY OF THE SIX REGIONS

vi. Population/Census

Ndigbo consider the question of census as an important recurring issue since pre-independence. This subject was therefore passionately and extensively discussed as a matter that should be addressed in a comprehensive manner by the proposed Review.

We recommend that the Constitution should clearly state the following:

        1. “That Census delineation exercise MUST include the followings:
                i. Region of origin
                ii. State of Origin
                iii. Local government/Town of origin
                iv. Language Group
                v. Ethnic Group
                vi. Religious Affiliation
                vii. Gender and Age

These data are necessary for effective scientific and demographic analysis as is obtained internationally”

        2. The information in the National Identity Card regarding Region/State/Town of Origin should be in tandem with census.

iv. States Creation And Boundary Adjusments

Ndigbo specifically have been unfairly treated in this matter (ref. Igbo presentation at the Oputa Panel).

        The Igbo position is that:

        a) The inequities and injustices of previous exercises need to be redressed.

        b) This should become part of the delineation exercise for the new six regional federal structure.

v. Role Of Traditional Rulers

Ndigbo advocate constitutional roles for traditional rulers based on their closeness to the “grassroots” and rural development. It is the view of Ndigbo that harmony between the traditional and democratic forces at the grassroots level, will help to bring most of Nigerians into mainstream development.

We recommend that traditional rulers be constitutionally empowered to participate effectively in the responsibility of maintaining communal peace.

iv. Non-Adoption Of State Religion

Ndigbo ENDORSE FULLY SECTION ELEVEN OF THE PROPOSED CONSTITUTION BY THE 1994 CONSTITUTIONAL CONFERENCE WHICH STATES:

“The Government of the Federation, (or of a region), or of a State, or of a Local Government shall NOT adopt any religion as State, or Local Government religion”.

CONCLUSION

Ndigbo have given so much in spirit and material resources to the concept and construction of a truly united, prosperous Nigerian nation and deserve demonstrable appreciation from their fellow citizens. To the Nigeria project, Ndigbo are still doing much more to offer our eminently endowed and great country via their contribution in a true federal character setting of six equal geo-political zones.

WE AFFIRM OUR FAITH IN THE FUTURE OF NIGERIA anchored on GOOD GOVERNANCE, JUSTICE and EQUITY.

Cross Section of Umuahia, Capital of Abia State, Nigeria.

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