Tuesday, June 22, 2010

Constitution Amendment: Fashola, Ogunlewe, Osibajo, Others React

The Amendment to the 1999 Constitution by the National Assembly is generating mixed reactions from Lagosians, as the Lagos State House of Assembly held a public hearing on the Amendment Bill.
At the hearing were former Lagos State Attorney-General and Commissioner for Justice, Prof. Yemi Osibajo; Secretary-General of Afenifere, Chief Femi Okurounmu, Senator Olabiyi Durojaiye, Mr. Dele Adesina (SAN), and Mr. Bamidele Aturu, among others.

The State Governor, Babatunde Fashola, who was represented by his Special Adviser on Political and Legislative Power Bureau, Abdullateef Abdulhakkem, was of the view that there should be true federalism, two exclusive legislative lists, one on federal and the other for state, and that each tier of government should be allowed to have its police while federal police will have jurisdiction over federal offences and cross border issues.

Fashola maintained that the concept of revenue derivation should be extended to all revenues accruing to federating account, and the state where such revenue is derived should be entitled to 25 per cent of the revenue accruable, just as he demanded that local governments should be within exclusive jurisdiction of the states.
“States should as well determine the number of local governments they want and more so, number of local government should not be a parameter for sharing revenue”, Fashola added.

Former Minister of Works, Senator Adeseye Ogunlewe on his part insisted that the public hearing organised by the House is coming at a wrong time. According to him, any recommendation made now by stakeholders will only serve as input to any future amendment of the constitution.
Adeseye agreed that the amendments made by the National Assembly were not perfect, but pointed out that any recommendation made now is coming late, “and rather the recommendations that would be made now for those grey areas should be reserved for a future amendment.

“I have made my view known that there is very little public hearing can do now, public hearing is meant for the beginning, not for the end. We are approaching the end of the constitutional amendment, if there is anything we notice here now; it should be reserved for the future.
“We should not tamper with what has been done for years, because we have members representing Lagos state, both at the Senate and House of Representatives, I assumed they might have seen these things and agree with them, and not to deviate from what has been agreed,” he added.

Expressing a contrary view, Speaker Adeyemi Ikuforiji noted that state Houses of Assembly have the right to make input into the amendment, adding that any input they make, which contradicts the one made earlier by the National Assembly will definitely be knocked out.
He disclosed that the Conference of Speakers will be meeting on Thursday to harmonise their position on the Constitution amendment, and that some of the recommendations of the National Assembly that did not have majority support by the conference shall be dropped.

“State Houses of Assembly are to debate the recommendations and any section of the constitution that did not carry majority debate shall be dropped, we will meet on Thursday to harmonise our position,” said Ikuforiji.
Speaking in the same vein, Lagos-based lawyer and human rights activist, Bamidele Aturu said that in line with provision of Section 7 of the Constitution, the State Assemblies cannot add to the amendment, but can only reject some sections of the proposed amendment and stand by it.

“The amendment made to section 107 and section 285 should be critically looked into. A situation whereby only tribunal will determine petition filed would not augur well and every petition should end at the Court of Appeal”, Aturu said.
He however, added that since election is near, area of concentration should be on electoral reform, because it is sacrosanct.
Dele Adesina, a Senior Advocate of Nigeria, told the lawmakers that they can debate the recommendations made by the National Assembly, but they cannot make new inputs, just as he told them that they can reject some of the sections of the constitutions.
The hearing, which was held at Assembly’s Lobby had in attendance, Senator Olabiyi Durojaiye; former Deputy Governor of Lagos State, Abiodun Ogunleye; Professor Yemi Osibajo, among others.

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