As we await results of the gubernatorial and state assembly elections results despite disruptions and eruptions triggered by political desperados at the weekend, there two equally weightier matters of governance and the law we should reflect upon in the context of nation building and national development we urgently need.
I think the two current issues: president’s assent to 16 items of the constitution amendment bill and a promise by the president-elect that he would like raise the bar of governance from stereotypical ‘government of national unity’ to the ‘government of national competence’ should be examined. But for the controversies that the February 25 presidential election results have triggered the matters arising – removal of some items from the behemoth called exclusive legislative list in the constitution and prospect of forming a government of national competence – should have been some value addition to the celebration of the disruptive results of February 25, 2023. Sadly, our national election management agency, INEC’s incredible glitches claims have taken the steam out of the anticipated celebration. It is now from lamentation to lamentation.
And here is the news as part of history making by our out-going President Muhammadu Buhari:
The Deputy Speaker of the House of Representatives and Chairman House Committee on Constitution Review, Idris Wase (APC, Plateau), disclosed at the weekend that President Muhammadu Buhari had signed 16 constitution alteration bills into law. Wase who doubles as the Chairman, Special Ad-hoc Committee on the review of the 1999 Constitution, noted that the Constitution (Fifth Alteration) bill, 2023 is fragmented into 16 bills.
The Deputy Speaker had on Friday, commended the president for giving assent to the bills, which according to him would devolve more power to states, a signpost to the much needed federalism, the paradise we lost to the 1966 coup by soldiers of fortune against democracy. The bill on financial independence of State Houses of Assembly and State Judiciary is one of the bills signed by the president. Other bills signed by the president are on the removal of the railway, prison and electricity from the exclusive legislative list to the concurrent list.
The National Assembly had in January this year transmitted 35 constitution amendment bills to the President for assent. The 35 bills have been considered by 27 State Houses of Assembly (SHA) and approved by at least 24 state assemblies as required by Section 9 of the Constitution.
The state assemblies, however, failed to vote on the two bills that seek financial and legislative autonomy for local governments. They also curiously compromised on state police matters the State governors had specifically demanded on various fronts. Full list of 16 Constitution alteration bills President Buhari assented to:
- Fifth Alteration (No.1), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to change the names of Afikpo North and Afikpo South Local Government Areas; and for related matters.
- Fifth Alteration (No.2), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to change the name of Kunchi Local Government Area; and for related matters.
- Fifth Alteration (No.3), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to change the names of Egbado North and Egbado South Local Government Areas; and for related matters.
- Fifth Alteration (No.4), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to correct the name of Atigbo Local Government Area; and for related matters.
- Fifth Alteration (No.5), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to correct the name of Obia/Akpor Local Government Area; and for related matters.
- Fifth Alteration (No.6), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to provide for the financial independence of State Houses of Assembly and State Judiciary; and for related matters.
- Fifth Alteration (No.8), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to regulate the first session and inauguration of members-elect of the National and State Houses of Assembly; and for related matters.
- Fifth Alteration (No.9), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to delete the reference to the provisions of the Criminal Code, Penal Code, Criminal Procedure Act, Criminal Procedure Code or Evidence Act; and for related matters.
- Fifth Alteration (No.10), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to exclude the period of intervening events in the computation of time for determining pre-election petitions, election petitions and appeals; and for related matters.
- Fifth Alteration (No.12), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to provide for the post-call qualification of the Secretary of the National Judicial Council; and for related matters.
- Fifth Alteration (No.15), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to delete the item “prisons” in the Exclusive Legislative List and redesignate it as “Correctional Services” in the Concurrent Legislative List; and for related matters.
- Fifth Alteration (No.16), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to move the item “railways” from the Exclusive Legislative List to the Concurrent Legislative List; and for related matters.
- Fifth Alteration (No.17), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to allow States to generate, transmit and distribute electricity in areas covered by the national grid; and for related matters.
- In Fifth Alteration (No.23), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to require the President and Governors to submit the names of persons nominated as Ministers or Commissioners within sixty days of taking the oath of office for confirmation by the Senate or State House of Assembly; and for related matters.
- In Fifth Alteration (No.32), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to correct the error in the definition of the boundary of the Federal Capital Territory, Abuja; and for related matters.
The National Assembly had in January transmitted 35 Constitution amendment bills to the President for assent following the Senate resolution directing the former Clerk to the National Assembly, Mr. Olatunde Ojo, to forward all the proposed legislation that had met the requirement for assent as provided for in Section 9 (2) of the 1999 Constitution.
Tinubu’s New Promise:
Meanwhile, the President-elect Asiwaju Bola Ahmed Tinubu last week assured Nigerians that his administration would not only be a government of national unity but also of national competence.
In what looks like Buhari’s ‘I-Belong-to-no-body famous speech on inauguration day, he promised to assemble competent men and women and young people from across the country to build a safer, more prosperous and just Nigeria. These assurances were contained in a statement he signed in Abuja on Thursday titled: “Nigeria: At the cusp of renewed hope” to unveil what Nigerians should expect under his watch. Enunciating his commitment to an economy of double-digit GDP growth, greater food security and a strengthened manufacturing base, the President-elect said his administration would pursue an active digital economy where young people will have ample space to fulfill their dreams and aspirations. With the elections over, he stressed the need to shun partisanship and join hands with him to build the Nigeria of our dream.
While assuring the people of his readiness to serve, the former Lagos Governor said, “I have set my course and mind on the leadership of this nation. We have important work to do and I am committed to getting that work done for the benefit of all the people, whether or not they voted for me or even voted at all. “This is not the time for continued acrimony and partisan recrimination. These negative things can incite strong passions, but they are not the pathway to a better nation. Only unity and national commitment can serve that purpose. He further said: “I realise that I am the servant of a larger purpose. As such, I have gone straight to work…My team and I have been daily engaged in discussions and meetings refining our ideas and policy solutions so that we can begin actively working toward the common good the very first day we assume office…This great project called Nigeria beckons to us all…I ask that we work together as Nigerians for Nigeria. Those who voted for me, I ask that you continue to believe in our policies and plans for the country. I also ask that you reach out to your brothers and sisters who did not vote as you did. Extend to them the hand of friendship, reconciliation and togetherness. To those of you who did not vote for me, I ask you to believe in Nigeria and the capacity of your fellow citizens, even those who voted differently than you. The better Nigeria I seek is not just for me and my supporters. It is equally yours….”
On sundry calls for government of national unity, he adds another concomitant: Competence. His words:
‘As your incoming president, I accept the task before me. There has been talking of a government of national unity. My aim is higher than that. I seek a government of national competence. In selecting my government, I shall not be weighed down by considerations extraneous to ability and performance. The day for political gamesmanship is long gone. I shall assemble competent men and women and young people from across Nigeria to build a safer, more prosperous and just Nigeria. There shall be young people. Women shall be prominent. Whether your faith leads you to pray in a church or mosque will not determine your place in government. Character and competence will. To secure our nation and to make it prosperous must be our top priorities. We cannot sacrifice these goals for political expeditions. The whims of politics must take a backseat to the imperatives of governance. We have bridges and roads to build not just for commerce and travel but to connect people of different faiths, parties and different outlooks in harmonious dialogue and common purpose. We have families to feed not just to eliminate hunger but to nurture enlightenment, civic responsibility and compassion. We have jobs to create not merely to put people to work but to afford a better standard of living by which families and communities are improved and democracy deepened. We have water to replenish not just to quench physical thirst but to ignite a thirst for creative and better solutions to society’s challenges. We have a nation to protect such that we eliminate danger and even the fear of danger. May all of our people be able to live their lives in the light of peace and the glow of broadening prosperity….’
Despite the gloom in this season of anomie, the President Buhari and the 9th Assembly deserve some plaudit on the amendment bills of our organic law that has triggered the collapse of National Greed, which has long crippled our National Electricity Grid, as I wrote here last year. Now state governments have no alibi over that critical infrastructure for small and medium scale enterprises – for national development. They can generate, transmit and distribute without recourse to Abuja, centre of national greed, sorry grid!
…Next week, we will continue on the significance of the promise the President-elect just leaked to the people – on the power that ‘Government of National Competence’ can give.
Article first published by The Guardian
