The Southern Leaders of Thought (SLT) has unveiled a five-point agenda for restructuring Nigeria in line with the principles and tenets of true federalism.
The body argued that the five-point agenda was key to ensuring the country’s survival against the forces of division and conflict inherent in its heterogeneous nature.
SLT, a forum of eminent Nigerians, has rejected the 1999 Constitution of the Federal Republic of Nigeria, thereby demanding a new constitution that will derive its authority, legitimacy and validity from the people rather than by a decree of the Federal Military Government.
These highlights, among others, are contained in a 22-page document from the SLT Secretariat, Lagos at the weekend, though accused the National Assembly of making itself part of the problem standing in the way of restructuring by seeking to amend the 1999 Constitution.
The document, which was signed by Prof. Benjamin Nwabueze on behalf of other members of the group, specifically outlined a five-point agenda that seeks restoration of true federalism, restructuring the territorial structures of Nigeria, instituting fiscal federalism, removal of factors impairing true federalism and a new constitution adopted by the people at a referendum.
The group comprises former Secretary-General of Commonwealth of Nations, Chief Emeka Anyaoku; Chieftain of Afenifere, Chief Ayo Adebanjo; Convener of Yoruba Assembly, Gen. Alani Akinrinade; former Governor of Cross Rivers; Mr. Donald Duke; former Governor of Akwa-Ibom, Obong Victor Attah and Chairman of National Democratic Coalition, Admiral Ndubisi Kanu.
Other members include a billionaire businessman, Chief Harry Akande, a renowned political economist, Prof. Pat Utomi; a professor of International Law, Prof. Akin Oyebode; former President of Ijaw National Congress, Prof. Kimse Okoko; former Managing Director of Daily Times of Nigeria, Chief Tola Adeniyi and a Senior Advocate of Nigeria, Solomon Asemota.
In its 22-page document, the group said the 1999 Constitution “is not a democratic constitution. Indeed, it is a constitution only in a loose sense of the word, but not in the strict, generally accepted sense of an original act of the people by which a state and its government are constituted.”
On this ground, the group noted that the 1999 Constitution was a sheer imposition on the people through Decree 24 0f 1999, thereby canvassing restructuring, which it said, should not be concerned with the way government “is actually conducted, but with the way it is formally organised in terms of its structures – the power relations, territorial structures and so on.”
Second, the group canvassed the need to institute resource control and fiscal federalism, which it said, was at variance with the principle of derivation stipulated in section 162(2) of the 1999 Constitution.
The group said the provision “runs counter to the principle of fiscal federalism,” noting that the provision “is the source of much of the agitation about resource control. Fiscal federalism requires that mines and minerals including oil fields, oil mining, geological surveys and natural gas should be a residual matter with the exclusive competence of the regions or states.”
It thus, demanded that section 162 should, in its entirety, be expunged from any new constitution and be made a residual matter in accordance with the requirements of fiscal federalism.
Third, the group emphasised the importance of restructuring the territorial structures of the Nigerian federal system in a way powers would be taken away from the centre and be given “to the present 36 states of the federation or to bigger territorial structures based on regions or zones.”
Preferably, the group proposed a federation of eight regions comprising North-West, North-Central, North-East, South-West, South-East, South-South, Middle Belt (to be made up of Kwara, Kogi and Benue States) and Mid-West (consisting Edo and Delta States).
It noted that a structure based on the existing 36 states “raises the questions of the viability of the state. Viability in this context should not be viewed entirely in terms of economics. It should also be considered in relation to other issues: a separate constitution; a separate police force; a separate machinery to conduct elections for the political functionaries…”
Fourth, the group explained three main reasons restructuring “cannot effectively and meaningfully be done by amendment to the 1999 Constitution, but imperatively requires a new constitution,” which it suggested, should be adopted by the people at a referendum.
Explaining the reasons against constitution amendment, the group first stated that the 1999 Constitution “is not a democratic constitution. Also, the fact that the constitution was not made by the people constitutes a flaw in it that cannot be cured.” Lastly, the constitution has become largely, if not thoroughly, discredited. It enjoys little respect among Nigerians.”
It thus, highlighted the role of a new constitution in restructuring, which basically would be the need “to establish new territorial structures of government; redistribute powers between the federal government and the federating units; and establish other structures as my be required…”
Fifth, the group noted that all elements of unitarism should be removed from the 1999 Constitution, thereby rejecting the contradiction of a single constitution for a federal system.
It argued that it “is a manifest contradiction to conceive of a government, whether in a federal or unitary system, without constitution,” thereby rejecting the subsisting federal system with “a state or government without a coercive force of its own and under its independent control to maintain its existence and authority as a government and to enforce its laws.”
The group, therefore, lamented the subversive consequences of the contradiction of a single constitution for a federal system, which it noted, were manifested in relation to execution and maintenance of the single constitution; the respective extents of the judicial powers of the federal and state governments and amendments of the single constitution
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