Senate Retreat On Constitution Review In Asaba

THE choice of Asaba as the venue for the Retreat on the Review of the Constitution was a huge statement regarding the inexorable need to return to the nation’s roots and historical antecedents in charting a way forward. The choice of the Delta State capital, according to Senate President, David Mark, was made with the city’s pride of place in the country’s political history in mind.
It was, therefore, an acknowledgment of the historical importance of Asaba in the evolution of Nigeria, particularly, its position as the headquarters of Royal Niger Company whose influence encompassed the River Niger, Benue and through treaties, became the British territory forming the Northern and Southern Protectorates.
On the benefits of the knowledge of history, the Committee went deeply upon the memory lane to recall when it further noted that the 1999 Constitution bequeathed to the country by the military, which is far from being perfect, was promulgated without plebiscite or referendum.
We agree entirely with this observation and, indeed, a statement of fact. We also subscribe to the fact that this, ipso-facto, accounted for the lacunae, inconsistencies and subsequent clamour from citizens that the constitution critically be analysed with a view to reviewing it.
We believe that issues such as true and fiscal federalism (devolution of powers between federal and state governments), state police, citizenship and indigenship, state creation, immunity clause for the president, vice president, governors and deputies, single tenure, judicial reform, section 42 of the Constitution, among othersraised at the retreat are fundamental, timely and deserve urgent careful attention as they have the capacity to re-invigorate a true Federal Republic of Nigeria.
They go to the very root of our search for a stable, indissoluble and inviolable federation premised on equity, justice and fairplay.
The issues raised are inexorably linked to the resolving and indeed reversing the asphyxiating and overbearing influence of the centre on the federating states.
While commending the Delta State Government for not only successfully hosting the retreat, but also for articulating the position of the state on the review of the constitution and we endorse the government’s views.
Specifically, we subscribe to the state government’s proposals that true and fiscal federation, which form the building blocks of a modern federation be made operational in the constitution as well as, the review of all expriopriatory laws such as the Petroleum Act, Land Use Act, Section 44(3) of the Constitution, among others.
These legislations are believed to be repugnant to the concept of federalism as they are analogous to laws suitable for unitary system of government.
They are couched and skewed in favour of the centre while making states, especially those of the Niger Delta, constituting the mainstay of the nation’s economy to lay prostate, devastated by environmental problems engendered by oil exploitation.
These laws also make healthy competition based on fiscal federalism among states difficult, if not impossible.
It is gratifying that the Asaba retreat provided a veritable platform for the constitution review committee, experts and panelists to cross-fertilize ideas on issues that will richly build up the nation’s grund-norm.
We urge the committee to critically look and evaluate issues, proposals and suggestions garnered at the retreat, generate further national espousal of views around identified issues and other areas of national interest and build up a national consensus before finally putting legislative machinery in motion for the legal teeth for the review.
We also urge all stakeholders in giving legal expression to the process, particularly the 36 states legislature to see the exercise as an opportunity to demonstrate an irrevocable sense of patriotism, justice and fairplay.
A successful review of the 1999 Constitution which adequately addresses the lacunae and sets the nation on the principle of true and fiscal federalism will go down in history as invaluable legacy bequeathed to the people by the National Assembly.
Anything to the contrary will be preposterous and unacceptable.