AYORINDE OLUOKUN
Abuja – Against all expectations, the National Conference ended on a peaceful note last Thursday, or so it seems. Delegates from the Southern and the Northern part of the country had been at each others’ throat over the issue of the purported draft constitution included as part of the final report of the Conference given to them when the Conference resumed for its last week of sitting last Monday. The Northern delegates who had before the conference adjourned never hid their opposition to the issue of writing a new constitution for the country from what was agreed on at the Conference immediately raised alarm, alleging that the exercise was being railroaded to endorse a third term agenda for President Goodluck Jonathan and the State Governors. The Northern delegates who were seething with anger were forced to sheathe their swords as the Conference adjourned immediately after the distribution of the three bulky documents. But they did not go to sleep.
The Northern delegates said they were shocked when the Secretary of the Conference, Dr. Valerie Azinge, distributed some documents, including one entitled, “Report of the National Conference, 2014 draft Constitution” which they said was also accompanied by draft bills to promulgate into law the “constitution of the Federal Republic of Nigeria, 2014,” when the Conference resumed last Monday. They added that they were not privy to any decision and did not participate in any processes or proceedings that led to the emergence of the ‘draft constitution’ or bills. “Moreover and to the best of our knowledge, we are unaware that the conference has, whether at plenary or committee stages of its work, taken a decision to draw up a draft Constitution, authorized or tasked any of its Committees, delegates or the conference secretariat to do so,” the Northern delegates said.
The aggrieved delegates especially itemised the items contained in the draft constitution which was of concern to them to include provisions related to state creation, boundary adjustment, referendum to adopt constitution, funding of local government areas, and deletion of Land Use Act as well as the abrogation of all existing laws related to the issues. They, therefore, described the origin of the documents as dubious and questionable and threatened to disown the report of the entire conference if the document they described as suspicious was not jettisoned.
Kutigi had at the less than 20 minutes session of the Conference last Wednesday tried to convince the Northern delegates to toe the path of peace with the argument that the document labeled “draft constitution” contains nothing else, but the various alterations and amendments to the 1999 Constitution proposed by the delegates. The retired Chief Justice of Nigeria told the Northern delegates that in line with the resolution of the Conference, the reports were prepared to cover constitutional issues based on amendments agreed upon by the delegates; policy issues meant for implementation by the President; and legislative issues earmarked for enactment into laws by the National Assembly. Kutigi had adjourned the Conference thereafter as he asked all groups and individuals should study the report, diligently write out areas that need to be corrected and submit them to the Conference Secretariat for compilation and presentation to the Conference when delegates reconvene on Thursday. He added that such comments would either be read out on the floor and would either be adopted or rejected by the Conference in plenary for final adoption of the report.
But barely had the Conference adjourned that Southern delegates also indicated their determination to see through the adoption of the alleged draft constitution. The Southern delegates who had the support of their counterparts from the Middle Belt argued that there was nothing in the report that was not adopted by the entire conference through consensus during plenary of the Conference in an interview with reporters. “When we were discussing, we passed several resolutions; some of them touched on the constitution, some were policy matters while others were for the legislature. What they (leadership) have done was to put together all the amendments to the 1999 Constitution and the additional ones they were not many, where there should be subtraction, they subtracted. The document has now been produced and there is nothing wrong coming up with a proposed draft constitution,” Edwin Clark who addressed journalists in company of other delegates from the South and Middle Belt said. “There were specific allegations that we had recommended a single tenure of six years for the President; that is not true. There were so many other lies they told that cannot be substantiated in our report. Why people should manufacture such lies and mislead Nigerians beats anyone’s imagination. All those allegations are not true,” the octogenarian who noted that various issues were discussed with over 600 resolutions arrived at by consensus during the four months the Conference lasted added.
“How can this draft constitution affect the 2015 elections?” Chief Mike Ozekhome, (SAN) another delegate from the South, Chief Mike Ozekhome (SAN) who argued that northern delegates misinterpreted the meaning of the draft constitution included in the documents said. He added that the draft constitution is nothing but a synthesis of everything discussed at the Conference which has constitutional inputs. John Dara, Secretary General of the Middle Belt Forum disassociated the Middle Belt from the position of the Northern Delegates Forum. “We are in support of the outcome of this conference and impressed with the level of integrity and accuracy displayed by the secretariat. They were reflective of our views,” he noted.
Anticipating that what was meant to be the last session of the Conference may turn out an unnecessarily stormy one with the possibilities of breaking of one or two heads, Kutigi had at the close of the brief session on Wednesday summoned a meeting of leaders of delegation from the geo-political zones to discuss what the Conference Secretariat described as ‘certain critical issues.’ It was gathered that at the meeting with the delegates from the North, they had pointed out to him how the President and the Governors could use the document tagged “Draft Constitution of the Federal Republic of Nigeria 2014,” to get tenure extension. According to reports, the delegates had told the Conference Chairman that based on the document, the presidency can stand on a court ruling in 2003 that said governors who had served during the aborted third republic were eligible to seek another term in 2003 elections since they were serving under a different constitution to seek for another term of office. They argued that the adoption of the a new constitution will enable incumbent elective office holders who are statued barred from going for third term to seek to extend their tenure using the excuse that they will be running under a new constitution. But Kutigi was said to have insisted that the Conference did not endorse any new constitution while he reached amicable agreement with the delegates on how to resolve the impasse.
Thus, when the Conference met for the last time last Thursday, it was clear that Kutigi’s peace moves have succeeded as the delegates unanimously agreed on a position on the controversial draft constitution. In the amendments to the third volume of the conference report or the so called draft constitution moved by Maina Waziri, delegates agreed to replace the draft constitution to read “Resolutions of the conference as draft amendments to 1999 constitution.” Waziri had in his motion recognized that that volume III of the Conference report titled Draft Constitution is an amalgamation of various resolutions and recommendations of a constitutional nature that were adopted by the Conference as proposed amendments to the appropriate sections of the Constitution of the Federal Republic of Nigeria, 1999 as argued by Kutigi at the previous day session.
“Subject to the acceptance of the foregoing understanding, assurances and conditions and in accordance with the Procedure Rules, 2014 of the Conference, we move for the validation and adoption of the draft reports contained in volume 1, 2 and 3 without further debate. In the spirit of the consensus building cultivated by members and to maintain the bridges built during the currency of the Conference, we urge all delegates to subscribe to this plea,” Waziri said in the motion which was supported by all the delegates.
Chief Richard Akinjide, one of the oldest delegates formally move a motion for the adoption of the final Conference Report which was supported by the youngest delegate to the Conference, 24-year-old Yadoma Bukar Mandara. This was followed by a session of encomiums on the leadership of the Conference by delegates who described their handling of the conference proceedings as very mature. When we came here, nobody expected us to end this way. We have disappointed the skeptics,” Chief Mike Ahamba said.
But sources told this magazine last week that the Northern delegates are still considering their options on the draft constitution which they considered as inimical to the interest of the North. The Northern delegates, it was gathered are concerned that if recommendations like the removal of local government from the Constitution, creation of more states and adjustment of the derivation fund is implemented, the financial positions of their region will be in great jeopardy. Like most of their Southern counterparts, nearly all the states in the region relied on allocations from the federal purse. But the region has benefitted more because of its large number of local governments and states, all of which were created during the military rule.
This magazine gathered last week that Northern delegates still believe that whatever plot against it in the draft constitution can be frustrated from going through by lawmakers from the region at the National Assembly. The report of the Confab will be submitted to President Goodluck Jonathan on 21 August after which the President will decide on what to do with it. But if the President decides to submit the recommendations of the Conference to the National Assembly for promulgation into law, he will have to contend with Northern lawmakers.
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