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Governor Lalong Advocates Safeguards Against Constitutional Abuses, As House Of Rep Committee On Review Of 1999 Constitution Sits In Jos
Plateau State Governor Simon Bako Lalong has advocated for stiff penalties against anyone who is found guilty of abusing the constitution so as to protect its sanctity as the highest instrumental of power and make it the main driver of Nigeria’s democratic journey.
Governor Lalong spoke while declaring open the Public Hearing organised by the House of Representatives Special Committee on the Review of the 1999 Constitution for the North Central Zone in Jos.
The Governor said the review of the 1999 constitution is a worthy cause that needs to be supported by all Nigerians as it could impact positively on good governance and service delivery to its citizens.
He however observed that beyond amending the constitution, Nigerians must also take greater interest in how the constitution is implemented to avoid abuses that end up creating distortions and leading to agitations for more amendments.
Lalong said “My advice to the members of the National Assembly and indeed all Nigerians is to put in place strong safeguards in the new constitution to avoid the abuse of power. The situation where people flagrantly disobey, discard and ignore the provisions of the constitution should no longer be tolerated. We should ensure that those who temper with the provisions of the constitution are seriously punished. No matter how frequently we amend the constitution, there may not be any difference if we fail to subject ourselves to its provisions. As citizens, we are the guardians and defenders of the constitution who can either make it work or fail by our actions or inactions. Nigerians should wake up from their slumber and lethargy by ensuring that they employ all legitimate means to protect the constitution. The days of docility are far gone”.
The Governor said if and when the constitution is reviewed, no one should be allowed to live above it and at the same time, no one should be put beneath it by those in power or anyone saddled with the privilege of implementing any part of it. The rule of law must prevail at all times to guarantee democratic rights, freedoms and responsibilities.
Chairman of the House of Representatives Committee on Review of the 1999 Constitution and Deputy Speaker Rt. Hon. Ahmed Idris Wase said the Committee is conducting the exercise with an open mind and will collate all positions of Nigerians for further consideration by the National Assembly.
Representatives of Governors of Nasarawa and Benue States decribed the Public Hearing as a golden opportunity for all grievances to be ventilated and all thorny national issues thoroughly discussed to arrive at a people’s constitution.
The Governor had earlier received the members of the Committee who paid him a courtesy visit at the New Government House, Little Rayfield Jos.
June 1, 2021
Constitutional Review: Groups seek stronger, autonomous NBC
The civil society organisation, community, media and professional groups in Lagos are seeking a more effective and stronger National Broadcasting Corporation (NBC).
The groups made the appeal in a memorandum jointly submitted to the National Assembly during the South-West Zonal Public Hearing on the 1999 Constitutional Review in Lagos on Thursday.
The memorandum was signed Mr Lanre Arogundade, the Executive Director, International Press Centre (IPC) Lagos, on behalf of the over 30 groups.
Arogundade said the need to guarantee media freedom to ensure that the mandate given to the media to monitor the governance and uphold the accountability of the government to the people as enshrined in Section 22 of the Constitution, was enforced.
He recommended the abolishment of presidential involvement in licensing of broadcasting stations, saying amendment should vest the power to authorise licences in the regulatory body, NBC.
Arogundade said that the regulatory body in charge of broadcasting, should be made one of the federal executive bodies recognised in Section 153 and listed in the 3^rd Schedule of the 1999 Constitution to enhance independence.
He said the confirmation of the appointment and removal of the board members and director general of the regulatory agency should involve the participation of the National Assembly to make the process more transparent.
According to him, the provision in Section 22 (under Chapter 2) be moved to Chapter 4 which will enable journalists and the media to enforce rights.
“The mandate given to the media in section 22 is not justiciable because it is currently housed in Chapter 2 of the Constitution which deals with socio-economic rights.
“As things stand, journalists and media cannot approach the courts to enforce rights emanating from the provision, especially when they are violated.
“Section 39 (2) of the Constitution currently vests the power of approval of broadcasting licences in the president.
“The consequence of this is that the regulatory body in charge of broadcasting has been denied its full regulatory powers and there is political interference in regulatory functions,” Arogundade said.
He said that the 4^th Schedule of the Constitution vests the power to collect radio and television set ownership fees in Local Governments.
“This issue was addressed in 1999 in the NBC (Amendment) Act which vests this power in the NBC.
“However, the military government which enacted the amendment forgot to do a corresponding amendment in the 4^th Schedule of the Constitution.
“Since constitutional provisions override those statutes, the collection and management of those resources (which long to the broadcasting industry) remain in the hands of local governments,” he said.
Arogundade said that section 1(b) of the 4^th Schedule of the Constitution, which empowers local government to collect radio and television licence fees should be repealed and re-worded to give the power to the regulatory body.
He said that government budgetary appropriation to the regulatory body should be from the first line charge directly from the consolidated fund and not subsumed under the funding of any agency.
“There is the need to guarantee financial independence of the broadcast regulatory body,” he said.
Our correspondent that several other groups at the two-day public hearing advocated electoral reforms, gender equality and opportunity for women and vulnerable groups.
The Public Hearing was held nationwide to amend Nigeria’s 1999 Constitution.
May 28, 2021
Constitutional Review: Don advocates gender-neutral language, deletion of Section 29 (4) over child marriages
Prof. Ayodele Atsenuwa, Deputy Vice-Chancellor (Development Services) of the University of Lagos, on Thursday advocated a gender-neutral language, inclusiveness and deletion of Section 29 (4) from the 1999 Nigeria Constitution.
Atsenuwa, a Professor of Public Law, made the recommendations at the South-West Zonal Public Hearing on the Review of the 1999 Constitution organised by the Senate in Lagos.
She spoke in her capacity as a Researcher and member of the Network of Individuals and Women (Wo-Manifestoes), a coalition of over 300 Individuals and networks.
According to her, a constitution speaks to the spirit and the aspiration of a people and tells the people what their values are.
Atsenuwa said: “What it (constitution) stands for has the capacity to change us inside out and outside in for the better. It is the window through which we see the future that we want to achieve.
“We want to underscore the importance of language. Language can be inclusive or exclusive. Requesting that legislation in Nigeria including the constitution be drafted in gender-neutral language is just following an emerging trend.”
On citizenship, the professor said that Nigerian citizen must get a sense that citizen is equal for all, saying a foreign man married to a Nigerian woman who wishes to become a Nigerian by registration should be afforded the opportunity.
She added: “We also say that Section 29 (4) signals to the world indirectly that Nigeria supports child marriages. Section 29 (4) has to be deleted. We recommend also that the Nigerian constitution speak to the basis of determining indigenship.
“The Constitution assumes that indigeneship will be the platform on which the federal character is represented but the Constitution is silent on how to determine indigenship.
“The Constitution must be able to speak to how we determine which indigene, which state or ethnicity you are an indigene of.’’
On discrimination against women, youths and People Living with Disabilities (PLWD), she called for an additional section in Section 42 of the Constitution, to provide for special measures to redress historical or institutional discrimination.
On political rights of women, the professor called for more inclusion of women and other vulnerable groups in elective and appointive positions.
“We have seen that clearly we need help in the Constitution to help us to have inclusion of women in governance. We ask that the Constitution must be affirmative in its aspiration if we want Nigerian women in decision making, including political participation.
“The Constitution should be bold enough to assert that in very clear terms. We ask that we need a clear statement guaranteeing 30 per cent position for women in decision making which will be elective and appointive positions.’’
Atsenuwa also called for amendment to Section 14 (3) to clearly explain federal character to include gender diversity and as well as Section 14 (4), adding that Section 14 (5) should validate affirmative action, youth inclusion and inclusion of people with disabilities.
She asked that specific provisions in Chapter 2 of the Constitution relating to right to education and health needs to be justiciable and moved to Chapter 4 of the Constitution.
The professor said that the rights of people with disabilities should be explicitly stated in the Constitution while section 66 (c) of the Constitution should be deleted to elaborate the Constitutional Rights of Nigerians.
Similarly, African Women Lawyers Association (AWLA) proposed a constitution guaranteeing the rights of widows and widowers to inheritance of properties jointly acquired in the absence of a will.
Ms Mandy Asagba, President, AWLA, said both male and female children should have explicitly stated rights to inheritance.
The AWLA president also said that the Land Use Act should be repealed according to the yearnings of Nigerians or amended to guarantee equal access to land and adequate compensation to men, women and the poor.
“The practice of denial of inheritance rights has caused untold hardship on women and girl children.
“The 1999 constitution has no provision which guarantee women’s rights to inheritance, we therefore, call on the National Assembly to amend the Constitution to guarantee their rights to inheritance of properties.
“The Federal Character principle should be amended to include gender as one of indices to composition and conduct of affairs of government,’’ she said.
our correspondent reports that several groups at the public hearing advocated gender equality and opportunity for women and vulnerable groups in the ongoing process to amend the 1999 Nigerian Constitution.
May 28, 2021