Key Areas Identified For
Constitutional Review
Nigerians have complained of structural infirmities occasioned by the state’s arrangement. In response, successive governments have introduced mechanisms to address these challenges, including the creation of states, resource control, and several constitutional review processes. However, since the return to democracy in 1999, the call for federal restructuring has gained prominence due to sentiments of marginalisation, inequality and exclusion.
Several ethnic nationalities in southern states and across the Middle Belt have been strident in calling for the restructuring of Nigeria to increase regional autonomy. Groups, including umbrella socio-cultural bodies like the Afenifere (Yoruba), Ohaneze Ndigbo (Igbo) and the Middle Belt Forum, have consistently argued that the concentration of power in the centre is suffocating subnational entities in the polity. At the heart of demands for restructuring is resource control, which the groups have advocated, if more decentralised, would make Nigeria more productive, economically buoyant and less dependent on oil. Despite these agitations, the National Assembly does not appear to be very keen on the restructuring of the country, and the conversation has assumed more of the historical North (Hausa)-South (Yoruba/Igbo) divide. But, in July 2021, the South-West Governors (predominantly Yoruba groups) submitted a unified position to the ongoing constitution review process, proposing the conversion of the current six geopolitical zones into federating units (hence consolidating the current 35 states).
Nevertheless, the challenge of big states, including the memory of the Biafra war, continue to generate resistance for reform.
As in previous constitutional reform processes, the quest for local government autonomy has again cropped up as one of the issues for amendment. There are calls that the guarantee of a democratic local government provided for in Section 7(1) of the 1999 Constitution as amended should be reinforced by specific provisions that would preclude the mass dissolution of local government areas (LGAs), remove the power of state governors to replace elected representatives at the LGA level, and remedy the failure by successive governors to conduct local government election. Instead of elected officials, Caretaker Committees made up of loyal party stalwarts are appointed by the governors.
During the public hearings, many presenters placed an emphasis on the need to ensure the LGAs become more democratic. Nigeria cannot claim to be practicing democracy without representative government at the local level. To do this, LGAs must be untied from the apron strings of state governments. The revenue sharing formula for statutory allocation from the federation account stipulates that the federal government takes about 52 percent, 27 percent for the states, and the local governments receive 21 per cent. However, section 162 of the Constitution provides for a State Joint Local Government Account (SJLGA). In practice, the state governors appropriate the entire 48 percent and disburse as they deem fit to the local governments. The lack of democracy at the local government level has led to an abysmal delivery of public goods and services at that level. There are also calls in some quarters for the SJLGA to be abolished, to allow local governments to directly access their funds as a front-line charge from the national consolidated account.
How revenue is allocated across the three tiers of the government remains a bone of contention. Although there were no clearly stated proposals on what percentage of allocated revenue should go to which tier of government, the consensus was that the federal government currently takes too much to the detriment of state and local governments. Under the current revenue sharing formula, the federal government takes 52.68%, the states take 26.72%, and 20.60% is received by the local governments. The eight oil producing states in addition receive 13% share from revenue from oil extracted in the relevant state.
While canvassing their views on areas to be reviewed in the Constitution, many interest groups called for the Nigerian constitution to expressly recognise the need for states to have their own police forces. The view is that the federal police has not been able to respond robustly to the security challenges facing Nigeria because it is removed from the local communities. Given the level of insecurity pervading the country, with persistent conflicts between herders and farmers and bandits running amok in parts of the country, this is hard to dispute. In fact, in some parts of the country, regional security structures such as the Amotekun in the South-West, Ebube Agu in the South-East, and the Civilian Joint Task Force in the North-East are already, informally at least, in place and operational.
Section 308 of the Constitution grants immunity against civil or criminal proceedings for public office holders such as the President, the Governors, and their deputies, while in office. Nigerians have rallied against this provision on the ground that it has been grossly abused and should be removed to allow for swift dispensation of justice.
Strengthening independence of Institutions
There are proposals to alter Section 121 of the Constitution that would grant financial independence and more oversight powers to the office of Accountant General of the Federation and Auditor General of the Federation, which is believed would strengthen accountability.
The current constitutional provisions privilege indigeneship at the expense of citizenship. The result is that residents who have inhabited an area for centuries cannot lay claim to rights and entitlements simply because s/he does not share a common ancestry with those considered original natives, or indigenes. This has led to exclusion of and discrimination against certain citizens politically, economically and socially in parts of the country they deem to be their home. There are therefore calls to reform the constitutional benefits attributed based on indigenship.
Another issue raised at the hearings is unequal transmission of citizenship via marriage. The Constitution allows citizenship by registration for a woman married to a Nigerian man but precludes a Nigerian woman married to a foreign man to confer citizenship on him. This provision remains unaltered despite advocacy. A foreign man married to a Nigerian woman may pursue the option of citizenship by naturalisation based on fifteen years’ residence in the country.
The 1999 Constitution makes no provisions for traditional rulers. With the spate of insecurity in the country, there is a push for traditional authority to be returned to the constitution as in the 1960, 1963 and 1979 constitutions, as traditional rulers are the closest to the citizens and can play an important role in security matters in their communities.
Nigeria has conducted six general elections since the return to civil rule in 1999. Each successive election has had areas of commendation and areas for improvement. However, there are critical areas for reform to enhance the quality of elections in Nigeria. Other important areas up for review include the determination of pre-election matters, which are currently handled in regular courts as opposed to election petition tribunals. Some of the items up for amendments include expansion of the time for elections to the National Assembly, State Houses of Assembly, the office of President, and office of Governor, and amendment of the time for the determination of pre-election matters so as to provide sufficient time for the conduct of party primaries and final determination of pre-election matters by the courts prior to the election day.