OPENING
Let me on behalf of the Board and National Executive Committee of the Pan Niger Delta Forum (PANDEF) and the entire people of the South-South region congratulate the leadership of the Patriots under our own much respected and venerated Chief Emeka Anyaoku, GCON, for putting together this landmark event. We particularly commend all our leaders and the Patriots for the great presence of mind and forthright in undertaking this exercise which we hope will be a positive contribution to the process of national integration, state building and consolidation of our democracy in Nigeria. We would also like to note from the outset that the National Assembly is also holding public hearing sessions across the country, with a view to undertaking amendment of the existing 1999 Constitution of the country. We, therefore, equally commend that effort.
Our collective presence here is in realization of the fact that nation building, law making, and constitutionalism are processes that all nations without exceptions continuously undertake with strident commitment.
We from PANDEF therefore come with a strong delegation comprising some of our leading elder statesmen, our kings and traditional rulers, scholars and researchers, particularly experts on constitutional law and representatives of different segments of our people especially women, the youth, etc. It is our hope that these rich human resources comprised in our delegation will be available to the Patriots to play any roles expected of us and their expertise and experience could be tapped for the common interest of the country.
ABOUT PANDEF
The Pan Niger Delta Forum (PANDEF) is the Umbrella Organisation of the Niger Delta People, representing the interests of the people.
It was established in August 2016 under the leadership of late Chief E.K. Clark, OFR, CON, supported by HRM King Alfred Diette Spiff and Obong Victor Attah as Co-Chairmen of Board of Trustees and currently my humble self as National Chairman to advocate for the development and well-being of the Niger Delta, a region known for its oil and gas resources, but also facing significant environmental and socio-economic challenges.
PANDEF played a key role in facilitating the “New Vision for the Niger Delta” initiative, launched in 2016.
The Forum continues to engage with the governments of the region and with the Niger Delta Development Commission (NDDC) and very soon with the South-South Development Commission (SSDC) to address issues such as infrastructural development, environmental protection, and resource management in the region.
PANDEF, therefore, promotes and fosters inter-ethnic harmony, peace, security, and development in the region.
Ahead of today’s event, PANDEF recently convened consultative meetings in the six states of the region to look into the present constitution of Nigeria with the purpose of having a South South Position review.
The various consultative fora had in attendance government and their representatives, traditional rulers, religious leaders, Elder State men and women, security personnel, members of groups and civil society organisations, physically challenged persons and personalities from every strata of the society.
The issues discussed resolved principally on the suggestions and recommendations towards a workable constitution for Nigeria, freely negotiated and agreed under a democratic setting as was the 1963 constitution.
In addition to the consultative fora, which we conducted, we have taken the liberty to study in deep detail previous efforts at the constitutional evolution of the country. Some of these include the Outcome of the 2014 Conference which has been adjudged by all to be one of the best documents ever prepared in this effort and also the 2018 Report of the APC Committee on True Federalism led by former Kaduna State Governor Nasir El-Rufai. Since these two documents are very much in sync with a lot of constitutional provisions covered in the 1960/61 Constitution and also reflected the expectations of our people in the various constitutional conferences which we rely on, some of their provisions have properly enriched this presentation.
THE RECOMMENDATIONS THEREOF.
1) It is, therefore, the consensus that the 1999 CONSTITUTION AS AMENDED contains several flaws, especially on REVENUE ALLOCATIONS, TRUE FEDERALISM, RESOURCE CONTROL, PROTECTION OF ETHNIC NATIONALITIES AND ALLIED MATTERS which makes it highly inadequate to offer a workable constitutional democracy for Nigerians.
2) And as such, PANDEF calls for a TOTAL AND COMPLETE OVERHAUL, if not a REPLACEMENT OF THE 1999 CONSTITUTION AS to meet the yearning and aspirations of Nigerians, especially from our region.
3) FULL AND TRUE FEDERALISM
PANDEF recommends for the entrenchment of TRUE FEDERALISM and A TWO TIER GOVERNANCE of the FEDERAL GOVERNMENT and STATE STRUCTURE, and the sub-nationals having the power to create as many LGAs as required by them.
Each federating sub-national unit shall have equal rights in line with TRUE FEDERALISM as well as their Constitution.
4) FEDERAL GOVERNMENT SYSTEM OF GOVERNANCE
A hybrid of both the PRESIDENTIAL and PARLIAMENTARY to be known as the “Nigerian System” is recommended. The President will be elected in a national election as is done presently while the Vice President would be chosen by the President from members of the Parliament.
The president of the country will be elected based on agreed zonal rotational arrangements. President shall serve for a single tenure of SIX years. This principle shall also apply as it pertains to Governors at the sub-national level where the position shall rotate amongst Senatorial zones and beyond that amongst local government areas.
A UNICAMERAL PARLIAMENT with equal representatives from the States is recommended.
This is to save the cost of governance.
5) STATUS OF GEOPOLITICAL ZONES
In similar practice as was during the First Republic under the negotiated Constitution of Nigeria of 1960/61, subsequent governments have brought into bear what we know as geo-political zones which at present stands at 6 (North Central Zone, North East Zone, North West Zone, South East Zone, South-South Zone and South West Zone). In addition, the National Assembly has also promulgated Development Commissions following the geographical structures of these geo-political zones. Hence, we presently have development commissions. What these means is that without necessarily being federating units in our constitutional structures, the idea of dividing the country into geo-political zones for administrative convenience and efficiency seems to be quite appealing and has been accepted as workable.
We therefore recommend that there can be constitutional mention of the need to mark under geopolitical zones, which could include the existing six and others that could be created subsequently after appropriate consultations and enactment. However, it must be emphasized again that these are not federating units but could be used for effective administration of the country including for fair siting or presence of Federal Government institutions which could not be replicated on state by state basis due to limited financial resources or operational efficiency.
6) DEVOLUTION OF POWER
A FULL DEVOLUTION OF POWER TO THE SUB- NATIONAL GOVERNMENTS in line with True Federalism.
The EXCLUSIVE LEGISLATIVE LIST in the 1999 CONSTITUTION AS AMENDED is heavily concentrated in favour of the Federal Government, as it is a whopping 67 ITEMS, upon which only the Federal Government/National Assembly can legislate upon.
Items such as police, public holidays, prisons, fishing in internal waters, labour, pensioners, quarantine, stamp duties, taxation, historical monuments, museums, library registration of business names electronic broadcasting and television, oil fields, oil mining, geological surveys, and natural gas, should be preserved exclusively for the States.
6a) ACCORDINGLY, the constitution should abrogate and repeal all laws that expropriate the rights of the people to control their resources, such as:
Territorial Water Act,Cap.T4 Laws of the Federation of Nigeria, 2004
Exclusive Economic Zone Act, Cap. E17 Laws of the Federation of Nigeria, 2004.
Land Use Act, Cap. L5 Laws of the Federation of Nigeria, 2004
Oil Pipeline Act, Cap. 07 Laws of the Federation of Nigeria, 2004
Petroleum Act, Cap. P10 Laws of the Federation of Nigeria, 2004, and/or Petroleum Industry Act, 2021.
Minerals and Mining Act, Cap. M12 Laws of the Federation of Nigeria, 2004.
National Inland Waterways Authority Act, Cap. N47 Laws of the Federation of Nigeria, 2004
Item 39 on the Exclusive Legislative List of the 1999 constitution as amended.
7) FISCAL ARRANGEMENTS
PANDEF recommends that the Principle of DERIVATION as entrenched in the PROVISO TO SECTION 162(2) OF THE 1999 CONSTITUTION, as amended should be increased to a MINIMUM of 50% as it was under SECTIONS 13A and 140 OF THE 1960 and 1963 CONSTITUTIONS, respectively.
The fiscal arrangement will require the sub-nationals to fully control their resources and pay the agreed taxes as follows:
30% to Distribution Pool;
20% to Federal Government; and
50% DERIVATION for revenue producing state.
8) And in calculating the DERIVATION finally agreed upon, the continental shelf contiguous to any littoral state of the federation shall be deemed to be part of that state as hitherto provided under SECTIONS 134(6) AND 140(6) of the 1960 and 1963 Constitutions respectively. This is due to the fact that the adjoining waters that pertain to Nigeria under international law are first and foremost part of the existing states in Nigeria. Besides, what environmentally affects Nigeria from offshore activities directly affects the contiguous littoral states.
In other words, therefore, PANDEF recommends that each state controls its natural resources, including oil and gas and other solid minerals situated all over the country.
9) STATE POLICING AND ANTI-CORRUPTION AGENCIES.
PANDEF recommends for a DECENTRALISATION of policing to the sub-nationals. So there should be State Police and Community Police as may be determined by the sub-nationals. Furthermore, PANDEF recommends the merger of all anti-corruption agencies at various levels.
10) PANDEF recommends that there shall be included in any section that empowers a President to declare a state of emergency in Nigeria or any part thereof, that such power as vested in the President SHALL NOT include any power to SUSPEND OR OVER REACH any democratically elected persons or institutions in any part of Nigeria or of a State as the case maybe.
11) PANDEF recommends that the office of the Accountant General of the Federal Government should be created to replace the existing office of the Accountant General of the Federation, and as in any true federalism, each sub-national government should have their own Accountant General.
12) PANDEF recommends that there should be established a separate office for the Attorney General of the Federation or a State, as distinct from the office of the Minister of Justice of the Federation or a Commissioner of Justice of a State.
In other words, both offices should be separate as well as distinct and should not be vested in one person or authority.
13) FEDERAL CAPITAL TERRITORY
PANDEF believes the Federal Capital Territory should remain as the capital and seat of the Federal Government to be administered by the President, represented by the Minister of the FCT.
PANDEF recommends an increase of the number of representatives for the FCT in the House of Representatives to reflect the demographic realities of the Council Areas.
14) IMMUNITY CLAUSE
PANDEF recommends the removal of IMMUNITY as in the 1999 constitution as amended.
This is in line with one of the key unanimous resolutions of the 2014 National Conference.
15) PANDEF recommends for a bill to establish and empower the POLITICAL PARTIES REGISTRATION AND REGULATORY COMMISSION to REGISTER, REGULATE and MONITOR the ORGANISATION AND OPERATIONS OF POLITICAL PARTIES.
16) INVOLVEMENT OF TRADITIONAL RULERS IN THE NIGERIA POLITY
PANDEF recommends that Traditional Rulers should have non-political Advisory Roles, preserving our culture and traditions and supporting grass-roots socio-cultural development.
17) ELECTORAL REFORMS
PANDEF recommends as follows;
a) The appointment of the Chairman of the Electoral Commission shall be vested with the National Advisory Council upon the presentation of three names by civil societies/NGOs.
Appointments for other Commissioners of the Commission should be vested with the National Judicial Council.
Both should be ratified at the National Assembly by a simple majority.
b) PANDEF recommends that there shall be enshrined in the constitution a MANDATORY REAL-TIME ELECTRONIC TRANSMISSION OF RESULTS FROM THE POLLING UNITS.
18) CITIZENS’ RIGHTS
PANDEF endorses the full adoption of the UNIVERSAL DECLARATION OF HUMAN RIGHTS, ensuring comprehensive protection of individual freedoms across all tiers of government.
PANDEF also believes that there must be emphasis as to the rights of people living with disabilities and the protection of children below 18 years; irrespective of sex, residence, or religion.
19) INCLUSION AND SOCIAL INTEGRATION COMMISSION
a) PANDEF recommends that an INCLUSION AND SOCIAL INTEGRATION COMMISSION be established as a Federal Executive body made pursuant to the provisions of the Constitution in order to guarantee equitable representation and opportunities for
i. WOMEN
ii. YOUTHS
iii. VULNERABLE GROUPS
b) PANDEF therefore recommends for empasis that the interpretation and application of diversity provisions in the constitution should clearly extend beyond religion, tribe, or circumstances of birth to include women, youth, children and other vulnerable groups.
20) REFERENDUM INCLUSION
PANDEF expects that the Referendum Provision should be explicitly included in both the Federal and State Constitutions, enabling citizens to exercise their sovereign will on major policy decisions.
THE OVERALL SUBMISSION FROM PANDEF IS THAT THE PROVISIONS OF THE CONSTITUTION SHOULD BE REVIEWED AS RECOMMENDED IN ITEMS 1-20 ABOVE.
We thank “the Patriots” for affording PANDEF the opportunity to address this august gathering on this valuable discourse on such very sensitive aspects of Nigeria’s political evolution and state building process.
We pray that our collective efforts will have a fruitful end for the mutual benefit of our country.
Ambassador (Dr.) Godknows Boladei Igali, OON, FHSN, FNAIA, FNIM, FNAH,
National Chairman PANDEF