Friday 19 April 2013

Nigerians want president, governors stripped of immunity, reject six years single tenure

The House of Representatives Ad-Hoc Committee on the Review of the 1999 Constitution on Thursday presented its report at plenary.
The report revealed that Nigerians want the lawmakers to strip the president, state governors and other public office holders of immunity from criminal prosecution.
Rather, they want them to only enjoy immunity on civil matters alone.
With a vote of 225 to 132 and just three undecided, the Federal Constituencies agreed that the president, vice president, governors and deputy governors should cease to enjoy immunity once the reviewed constitution is passed.
Emeka Ihedioha, the Deputy Speaker of the House of Representatives, who chairs the Constitution Review Committee, said the result was the outcome of the People’s Public Session held across the federal constituencies. According to Ihedioha, it was “the voice of the Nigerian people who have expressed their views on what changes they would like to see in any amendment being made to the national legal grundnorm – the Constitution of Nigeria.”
He added that it was “painstakingly collated, verified and its integrity can be fully assured.”
The voting pattern by the constituencies also showed that Nigerians want more states to be created but are confused on the number of states to be created. Curiously, majority rejected that a state should be created for the South East geopolitical zone to balance up the number of states available to each of the zones.
They also opined that the local government administration should be set free from the clutches of the state governments.
This is just as they agreed that election should hold at the local level as at when due and that the new constitution should take the control of the LGAs away from the governors.
The 43 Voting Template and the results collated across the 360 Federal Constituencies are as follows:
(1) Should Section 8 of the Constitution be amended to remove the ambiguities in the process for creation of more States? 254 Yes, 105 No and 1 undecided.
(2) How many more states should be created in Nigeria? 205 Yes, 133 No and 22 Undecided.
(3) Should a State/States be created in order to bring parity to the number of states among the geopolitical zones? 120 Yes, 181 No and 59 Undecided.
(4) Should the six geopolitical zones be recognised in the Constitution for administrative purposes only? 134 Yes, 212 No and 14 Undecided.
(5) Should the six geopolitical zones be included in the Constitution as another tier of government? 27 Yes, 330 No and 3 undecided.
(6) Should indigeneship of an area be defined to include persons who have resided in an area for a continuous long period, and therefore entitled to accruing rights, duties and privileges? 188 Yes, 167 No and 5 undecided.
(7) Should the aspects of the Constitution related to the Fundamental Objectives and Directive Principles of State Policy in Chapter II which deal with political, economic, social, educational and cultural objectives be made justiciable or enforceable like the Fundamental Human Rights in Chapter IV? 279 Yes, 78 No and 3 undecided.
(8) Should the aspects of the Constitution related to the Fundamental Objectives and Directive Principles of State Policy in Chapter II which deal with political, economic, social, educational and cultural objectives be made justiciable or enforceable like the Fundamental Human Rights in Chapter IV? 279 Yes, 78 No and 3 Undecided
(9) Should State Houses of Assembly be granted financial autonomy/independence as is the case with the National Assembly? 324 Yes, 26 No and 10 undecided
(10) Should Section 162(6) be amended to abolish ‘State Joint Local Government Account’ so that allocations due to the Local Government Councils would be paid to them directly? 295 Yes, 62 No and 3 undecided.
(11) Should the Constitution be amended so that the power to create local government areas now rest exclusively with the states, such that states assume responsibility for the funding of local governments? 78 Yes, 276 No and 6 Undecided.
(12) Should the Local Government Councils be accorded the status of a third tier of government properly so called with its own Legislative List? 291 Yes, 66 No and 3 undecided.
(13) Should the Constitution be amended to deny revenue allocation to unelected local government councils? 277 Yes, 70 No and 13 undecided
(14) Should there be a defined tenure for Local Government Chairmen/Councillors in the Constitution? 331 Yes, 26 No and 3 undecided.
(15) Should the Second Schedule, Part 1 be amended so that some of the items, including those listed below be moved from the Exclusive Legislative List to the Concurrent List (a) Fingerprints, identification and criminal records; (b) Insurance; (c) Labour, etc; (d) Prisons; (e) Public holidays; (f) Railways. (g) Bankruptcy and Insolvency (h) Registration of births and deaths, 170 Yes, 181 No and 9 undecided.
(16) Should Section 197(1) (b) be amended to abolish the State Independent Electoral Commission in order that all elections are conducted by the Independent National Electoral Commission? 261 Yes, 95 No and 4 undecided.
(17) Should Section 315(5) (a) and (d) be amended to remove the National Youth Service Corps Act, the Land Use Act, Public Complaints Commission Act, NationalSecurity Agencies Act, from the Constitution? 139 Yes, 216 No and 5 undecided.
(18) Should Section 308 be amended to make the immunity provision for the President, Vice President, Governor or Deputy Governor cover only civil proceedings while in office? 225 Yes, 132 No and 3 undecided.
(19) Should Section 214(1) be amended to enable the establishment of a State Police? 53 Yes, 307 No.
(20) Should Nigeria have one police organisation which shall be constituted in such manner as to give State Governors control over the Commissioner of Police in their respective states? 53 Yes, 237 No and 70 undecided.
(21) Should Nigeria maintain the current Police structure and system as in the Constitution? 292 Yes, 62 No and 6 undecided.
(22) Should a provision be inserted in the Constitution for the rotation of the Office of President between the Northern and Southern parts of Nigeria? 80 Yes, 275 No and 5 undecided.
(23) Should a provision be inserted in the Constitution to make the Office of President rotate among the six geopolitical zones of the country? 147 Yes, 210 No and 3 undecided.
(24) Should the Office of President or Governor of a State be filled purely on merit, instead of zoning? 224 Yes, 135 No and 1 undecided.
(25) Should Sections 135 and 180(2) be amended to create a single tenure of (a) 5 years; (b) 6 years; (c) 7 years; for the Office of President and Governor respectively? 110 Yes, 245 No and 5 undecided.
(26) Should the two-term tenure provision for the Office of President or Office of Governor be retained in the Constitution? 263 Yes, 95 No and 2 undecided.
(27) Should a provision be inserted in the Constitution to make the Office of Governor of a State rotate among the three Senatorial Districts in the State? 175 Yes, 181 No and 4 undecided.
(28) Should the Constitution be amended to allow for Independent Candidacy in elections? 292 Yes, 66 No and 2 undecided.
(29) Should the Constitution be further amended to address gender issues, including but not limited to reserving certain percentage of elective offices for women? 107 Yes, 251 No and 2 undecided.
(30) Should the Constitution be amended to lower the qualifying age for contesting various elective offices? 50 Yes, 306 No and 4 undecided.
(31) Should there be specific provision in the Constitution to take care of the interests of persons with disability? 311 Yes, 46 No and 3 undecided.
(32) Should Section 77(2) be amended to give Nigerians living outside the country (in the Diaspora)voting rights? 46 Yes, 311 No and 3 undecided.
(33) Should the country abolish the existing bi-cameral legislature and allow for only one chamber National Assembly? 47 Yes, 307 No and 6 undecided.
(34) Should the Constitution be amended to provide for a Parliamentary instead of the present Presidential System of Government? 29 Yes, 326 No and 5 undecided.
(35) Should Nigeria implement the practice of Federalism that allows States to control up to 50% of their resources and pay the remainder to the Federation? 123 Yes, 236 No and 5 undecided.
(36) Should the derivation component of Revenue allocation be increased to at least 20%? 125 Yes, 224 No and 11 undecided.
(37) Should a role be created for Traditional Rulers in the Constitution, such as their having representation in the National Council of States at the national level and roles in the States and local governments? 202 Yes, 155 No and 3 undecided.
(38) Should the Constitution be further amended to address issues of electoral reform, including the time for conducting bye-elections, time limit for the determination of election petitions, etc? 259 Yes, 93 No and 8 undecided.
(39) Should the powers of the President or Governor to modify or amend existing laws under the transitional provisions of S.315(2) and the definition section related thereto be expunged, as such is currently exercised by the National Assembly and the State Houses of Assembly respectively? 218 Yes, 134 No and 8 undecided.
(40) Should the Constitutional provisions on the judiciary be amended to achieve reforms of judicial institutions and processes in order to ensure quicker dispensation of justice? 295 Yes, 16 No and 49 undecided.
(41) Should the Constitution be amended to separate the office of the Accountant-General of the Federation by the creation of the office of the Accountant General of the States? 277 Yes, 27 No and 56 undecided.
(42) Should the Constitution be amended to separate the office of the Attorney General of the Federation from the position of Minister of Justice of the Federation? 282 Yes, 24 No and 54 undecided.
(43) Should the Constitution be amended to enable the Revenue Mobilisation Allocation and Fiscal Commission send Proposals for Revenue Allocation directly to the National Assembly in order to avoid undue delays in preparation of the Revenue Allocation Formula? 257 Yes, 46 No and 57 undecided.

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