Fifth Constitution alterations: Gearing for good governance in states

PREMIUM TIMES EDITORIAL

These amendments, which are short on public expectation, however convey a strong message on federalism: that Nigeria is a federation and should be governed accordingly.

President Muhammadu Buhari has assented to 16 bills that have altered some provisions of the 1999 Constitution, which has become further amended. This is the fifth in a series of piecemeal efforts at curing the varied ills of this supreme body of national legislation since the Fourth Republic began over two decades ago. Calls for it to be completely jettisoned in favour of one drafted by the people of Nigeria have not ceased on account of it being a creation of a military regime. These amendments, which are short on public expectation, however convey a strong message on federalism: that Nigeria is a federation and should be governed accordingly.

The 16 bills were among the 35 that the Ninth National Assembly forwarded to the President in January, after a spell of filibustering in parliament, lethargy in completing the process, and the 36 State Houses of Assembly’s quid pro quo demands, goaded by the governors, before giving their approbation, as required by the constitution. The power tussle almost truncated the entire exercise, which gulped more than a billion naira.

Essentially, nine of the bills dealt with substantial issues, while the seven others only corrected typographical errors in the names of some Local Government Areas. Bill No. 6 sought to grant financial autonomy to the State Houses of Assembly and the judiciary, two arms of government, which along with the executive arm, form the tripod of democratic governance, according to the constitution. But abuse of power by the state chief executives has emasculated the other two arms of government, with their denial of financial independence emphasising this. In most states, the legislatures are mere rubber-stamps of the governors, thus making a mockery of the checks and balances that the constitution statutorily expects of them. The same applies to the judiciary.

The cumulative effect of these incongruities has been the transformation of governors to emperors who, in essence, live above the law. In some cases, compromised lawmakers run the legislatures, while the majority are contained or even expelled. The oversight functions of these Houses are overlooked, thereby allowing for the binge on public treasuries through looting, which has become a routine act in governance. PREMIUM TIMES believes that governors must be held to account; and the new vista provided by the recent constitutional amendments is a breath of fresh air in legislative houses, to perform in this regard without let or hindrance.

The quest for devolution of power or restructuring in the country has been resonant in public discourse for decades. There are 68 items in the Exclusive Legislative List of the extant 1999 Constitution, which have effectively centralised governance in Nigeria. This should not be happening in a true federation. Bills number 31, 32 and 33 have dealt with this concern modestly. The Nigeria Correctional Service, formerly Nigeria Prison Service, is now on the Concurrent Legislative List, addressed by Bill No 31. Railways ownership has also been moved to the Concurrent List by Bill No.32; while Bill No.33 removes electricity from the Exclusive Legislative List.