By Theophilus Ilevbare
President Goodluck Jonathan |
Reports say certain proposals to the ongoing Constitution review, to redress the flaws inherent in the 1999 constitution, which was welcomed by an overwhelming majority of Nigerians, including civil society groups, professional bodies, regional socio-cultural groups and organisations have been resisted by some political office holders.
Their disposition and scepticism on critical issues relating to the development and stability of the country have become a cause for concern for the people they claim to represent. Yet, the root of our national problems is traceable to the flaws inherent in the 1999 constitution handed down to us by the military.
For one, corruption, which has brought the nation to its sorry state, requires a more decisive approach. The Nigerian Governors Forum has vehemently resisted the proposal to make the corrupt pay the supreme price, preferring, instead, to canvass for punishment in line with international best practices. While this sounds like a good argument, we all know that it is meant to protect them from prosecution as usual.
In Nigeria, justice is for the highest bidder, as laws are dubiously bent to give protection to high-net-worth criminals. But if we are sincere about fighting corruption, we can take a cue from some Asian countries where death by hanging is the penalty for stealing public funds. And in those countries, the effect of such measure on all indices of economic growth is there for everyone to see. Therefore, the introduction of such punitive laws in the constitution will serve the best interest of the nation.
Another thing the ruling class is afraid of as regards constitution amendment is the removal of immunity clause. This clause, for many years, has opened the floodgates for incumbent political office holders to loot the treasury. But we should not only remove the contentious clause; rather, we should redefine the scope of the immunity clause against the backdrop of the constitutional logjam which arose when a former Governor of Bayelsa State, Diepreye Alamieyeseigha, was arrested in Britain for money laundering. While the British authorities insisted he had no immunity in Britain, some international constitutional lawyers maintained that his immunity extended beyond Nigeria’s jurisdiction.
Another issue is that of the state police which, in my view, is the hallmark of federalism. Yet, it has continued to generate heated debate. More alarming is the recent stance by the Northern Governors’ Forum distancing themselves from their southern counterparts who desire the introduction of state police, if only to arrest the spate of insecurity occasioned by Boko Haram insurgency.
Nigeria is yet to join other countries in Africa and beyond who have long adopted state police and in some cases, local police. If the creation of state police will address the security problems facing the country, why can’t we do that? As for those who say state governors will turn state police force to a witch-hunt tool against perceived political enemies, the question is, is the federal police as presently constituted any better?
In the United States, for instance, the constitution gives the Federal Government the power to deal with foreign affairs and inter-state affairs. For policing, this means if a non-federal crime is committed in a state, so long as the offender does not flee the state, the Federal Government has no jurisdiction over the case. Once the fugitive crosses a state border, he or she violates the federal law of inter-state flight and is subject to federal jurisdiction, at which time federal law enforcement agencies may then be called upon. The resultant effect of a robust working relationship between the federal and state police is enviable, and it should be articulated in our constitution amendment.
In the case of Nigeria, the southern governors probably think that since they are responsible for funding police equipment and allowances by about 70 per cent in their respective states, all in a bid to motivate and boost the morale of officers and men, it would only be logical to have a police force that will take orders from governors and respond more promptly to security challenges.
And, like Governor Rotimi Amaechi argued, the constitution should be amended to allow states that have the capacity to build their own police force to do so, while those that lack the capacity should continue to rely on the federal police. I believe that insecurity of lives and property will be greatly reduced if state police is created. It is anomalous for the governors to be called the chief executives of their states when they lack control over the police within their jurisdiction.
The ongoing review of the 1999 constitution should be divorced from inane issues such as state creation, tenure elongation for political office holders, constitutional role for monarchs, rotation or zoning of elective positions and political power tussle about who gets what, when and why.
Sad to say, the government has become big business in Nigeria, being a passport for acquisition of instant wealth. That is why there is this mad rush for power, either through election or through selection by political appointments.
In contrast the world over, countries operating true federalism grant legal rights to federating units to have ownership of their affairs, resources and culture. True federalism recognises that units are different, religion and cultures are different and manpower is unevenly spread; so are resources and means of development among the federating units.
True federalism seeks to bridge the unevenness in the society, not by assuming that all federating units must be at par, but by allowing each federating unit to develop at its pace, using fiscal instruments such as taxes collected from the richer unit to assist and support weaker ones. Nigeria is operating a federal principle which is rather close to unitarism. Federalism ensures that powers are devolved and not centralised. Governance at the central level must be made less attractive, as it has created huge problems for the units. The feeling that pecuniary interest is the raison d’être for federal jobs must also be deemphasised. This can be achieved by shifting attention of governance and economic production to the federating units, thus making the units stronger, so that they can exercise economic and political powers, vis a vis the day-to-day lives of the citizens, as it is in advanced democracies.
•Ilevbare theophilus@ilevbare.com
MANY ARE THE AFFLICTIONS OF STATE GOVERNORS……….Click Here!
Jonathan, Anenih and the PDP Cabal………Click Here!
Corruption as Nigeria’s 37th state……….Click Here!
Other great works by Theophilus Ilevbare:
MANY ARE THE AFFLICTIONS OF STATE GOVERNORS……….Click Here!
Jonathan, Anenih and the PDP Cabal………Click Here!
Corruption as Nigeria’s 37th state……….Click Here!
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