WHERE WE STAND ON THE REVIEW OF THE 1999 CONSTITUTION MEMORANDUM SUBMITTED BY

 

KANO STATE STAKEHOLDERS

 

SUBMITTED TO

 

THE JOINT COMMITTEE OF THE

NATIONAL ASSEMBLY ON CONSTITUTIONAL REVIEW

 

 

DURING ITS PUBLIC HEARING HELD IN KATSINA, FEBRUARY  22 – 23, 2006.

 

 

INTRODUCTION:

On behalf of the Kano Stakeholders, a committee comprising elder statesmen and representatives of the diverse opinion leaders in the State, we wish to submit the following, being our contribution on the review exercise pertaining to the Constitution of the Federal Republic of Nigeria, 1999, which is currently under review by the National Assembly. At a meeting held on 21st Zul Qi’da 1426 AH (22nd December 2005), the people of Kano State, with the full and unalloyed support of the Executive and Legislative arms of their government, and with a resounding declaration and unanimity of purpose, took a firm stand on the on-going constitutional review exercise embarked upon the National Assembly with the adoption of a set of resolutions which I have their mandate to bring to your notice.   

 

Before I restate the resolutions adopted at that meeting, I have the mandate of my delegation to draw the attention of your committee to certain matters of concern to the teeming millions of our people and, we believe, the nation as a whole.

 

 

SOME FUNDAMENTAL OBSERVATIONS

While forwarding the resolution adopted by the Kano Stakeholders, which contains our detailed observations and specific recommendations on many issues – some constitutional and others of a political and socio-economic import – we wish to make the following additional observations on your assignment:

 

ON ZONAL HEARING:

We are opposed to your inexplicable decision to hold public hearings at zonal centers only. The collation of views and recommendations from the teeming millions of citizens, within the seven States in the North West, on the basis of a hurried and abbreviated public hearing in one place leaves much to be desired. The limited nature of your public hearings is utterly undemocratic and cannot by any stretch of imagination be acceptable or be seen to be a serious or well-intentioned attempt, even as a pilot scheme, to gauge what views the public holds on the issues.

 

We have other equally serious concerns about the process you have preferred. Such a limited and skewed public hearing puts the ordinary Nigerian, whose input on the review is critical, at a great disadvantage and dispenses with it entirely because he has hardly been given any consideration in the scheme of things. Conducting the hearing under the watchful eyes of security operatives, who have swarmed the City of Katsina, venue of the hearing, and in an atmosphere of intimidation and the further curtailment of uninhibited movement of ordinary Nigerians who desire to make a point could only further dent the credibility of the entire exercise. We are then left to wonder about the transparency of the whole process. This stage-managed hearing has cast and added to the cloud of suspicion on the outcome of your proceedings and leaves any recommendations you may make as lacking in credibility and legitimacy. It leaves any amendment you may propose and/or adopt to be no different in its false claims than the current document under review which was put together by the military and yet has attributed its authorship to “we, the people.”

 

ON THE URGENCY OF THE CONSTITUTIONAL REVIEW:

We are at a loss to understand the rationale for the sudden supersonic speed and urgency of attention with which the National Assembly appears to be forcing the constitutional review exercise. It must be recalled that both the Legislative and Executive arms of our governments at federal and state levels have had more than the past five years to tackle the constitutional amendment. Why they have chosen to drag their feet all this while only to pick up a frenzied speed, that is targeted at accomplishing the assignment within a twinkle of an eye and with minds already made up on some dubious modifications, begs many questions and beats our imagination. This rush to review and amend the constitution is even more baffling in view of an impending election, what with the “rumoured” and “open secret” about the self-perpetuation intent and vows of most of the incumbent Chief Executives at Federal and State levels. What is even more worrisome is that the review exercise is being espoused by your committee with an urgency that is only matched by a seeming disregard and abuse of due process and in utter disdain of public opinion.

 

ON THE IMMORALITY OF BENEFITING FROM THE AMENDMENT:

In view of the credibility problems highlighted above, we hereby urge you to adopt the most honourable and decent course of action: Avoid effecting a formal amendment to any provisions of the 1999 Constitution between now and May 2007, when your tenure and mandate given to you by the electorate will expire.

PRAYERS:

(1)               We urge your Committee to take a serious view of the various observations made above.

 

(2)               We also call upon you to approach the review exercise, when you report to the National Assembly for its final decision, with the determination of democrats who represent and will faithfully respect the views of the generality of the electorate to whom you are accountable and whose mandate you will sooner rather than later seek.  For, ultimately, posterity will be the best judge of your actions. Whether or not you believe this, the burden of history has imposed a heavy responsibility on you to dispel the widespread public skepticism of your motive in carrying out the constitutional amendment exercise at this point in time.

 

(3)               We call upon you to take note, respect and be guided by the resolution unanimously adopted by the Kano Stakeholders, the exact copy of which is reproduced below:

 


 

RESOLUTION ADOPTED BY KANO STATE ON THE PROPOSED AMENDMENT OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA

 

1.         OBSERVATIONS:

We the people of Kano State have, after due deliberations on the proposed amendment of the Constitution of Nigeria, do hereby observe as follows:

 

i.                    That it is very imperative to allow subsisting rules and regulations informing the conduct of democratic governance to take roots in order to ensure our capacity to effect transition from one Civilian regime to another as well as allow and consolidate the right of choice at regular intervals to the electorate in line with the provisions of the Constitution and the practice of democracy worldwide;

 

ii.                  That it will be detrimental to the practice of democracy in Nigeria, which is struggling to nurture and stabilize democratic rule, to tinker with the Constitution every time, this is to the advantage of those in power.

 

iii.                That it is immoral, unethical and contrary to the spirit and letter of the Constitution for those in power to initiate changes that are primarily designed for their own benefit;

 

iv.                 That it is gross fraud and a rape of democracy for those elected into office on the basis of definite terms provided for by the Constitution, to engage in the process of changing such provisions in order to extend their stay in office, and this does not only reek of corruption but actually amounts to a fatal subversion of the Constitution and the peoples will.

 

v.                   That it is part of the surreptitious agenda to perpetuate the current regime in power that the NASS Constitution Review Committee plans to visit only six state capitals ostensibly to sample public opinion in support of what is clearly a predetermined position.  This position of self perpetuation in power became particularly unfolded in the days of the National Confab where it was detected and vehemently opposed.

 

2.         RESOLUTIONS

i.                    In the light of these observations, the people of Kano State hereby resolve that there should be no change to the existing Constitution before May 2007, in view of the fact that such changes, contrary to democratic norms and practices, are essentially geared to perpetuating serving elected public officials in power.

 

In addition the meeting further resolved as follows:-

 

a.                  That this position should be presented and made clear to the National Assembly Constitution Review Committee soon to visit the selected state capitals in order to leave it in no doubt that any recommendation it may make to the National Assembly Contrary to this stand is not a true reflection of the people’s views.

 

b.                  Accordingly, we call on all well-meaning Nigerians to come out strongly in opposition to the bid to amend the Constitution at this stage. As many Nigerians as possible should therefore troop to the six selected public hearing venues of the Committee to demonstrate their opposition to this move in a peaceful manner as it is their right so to do.

 

Should the NASS by any chance be presented with a recommendation from the Review Committee, that was contrary to the popular views of Nigerians, the majority of members of the National Assembly should outrightly reject it in conformity with the wishes of the generality of Nigerians.

 

In this regard, we are hereby calling the representatives of Kano State in the National Assembly to take note of Kano’s position and ensure that they abide by it as well as act as the vanguard for its actualization.

 

These resolutions were adopted at a meeting of the representatives of Kano people held at Murtala Muhammad Library on Thursday 21st Zulqida 1426 A.H. (22nd Dec. 2005).

 

Mall. (Dr.) Magaji Dambatta, OFR

For and on Behalf of the Kano Stakeholders

23rd Muharram 1427AH (21st February 2006)