Day: April 2, 2024

From the early years of Nigeria's route to into nationhood when Order in Council (London) made laws for it as a Crown Colony, politicians have strived to produce a constitution that meets the citizens' aspirations. Right from Clifford Constitution (1922) to Richards (1946), Macpherson (1951), Lyttleton (1954) down to Independence Constitution and the most recent, the 1999 Constitution, agitation for constitution amendment has never ceased. Although it is practically impossible to have a perfect constitution however, the more loopholes are noticed in the implementation of any constitution the more the need for its amendment. Since Nigeria's return to democracy in 1999, many Nigerians have advocated the review of the 1999 Constitution following observed flaws. The closest comprehensive effort to that effect was the Goodluck Jonathan administration's 2014 National Conference whose recommendations were expected to be incorporated into the constitution. Stakeholders in the political space say this is not unex pected as the constitution is a product of a military regime. A former Secretary-General of the Commonwealth, Emeka Anyaoku says the implementation of the 1999 so far has thrown up the need for it to be revisited and points to areas that deserve attention. He said: 'The essence of the new constitution should, in recognition of the crucial principle of subsidiarity in every successful federation, involve devolution of powers. 'This is from the central government to fewer and more viable federating units with strong provisions for inclusive governance at the centre and in the regions as was agreed by Nigeria's founding fathers. 'To arrest the ongoing deterioration of the situation in the country and to achieve the desired transformation for the better, we need a system of government that not only addresses our diversity but is also based on a constitution that can correctly be described as a Nigerian people's Constitution'. A Senior Advocate of Nigeria (SAN) Robert Clarke also thinks that the status of loc al governments is among the three key provisions of the 1999 constitution that should be amended. Other areas, he said, are membership of political parties and independent candidacy. On Feb. 14, 2024, the Senate listened to the voices of Nigerians and announced a 45-member Constitution Review Committee on the 1999 Constitution, chaired by the Deputy Senate President, Barau Jibrin. On its part, the House of Representatives hit the ground running by engaging a 9-man team of experts to facilitate the process. The Deputy Speaker, Rep. Benjamin Kalu, who is also the chairman of the House Committee on the Review of the Constitution said the experience of members of the team was critical in the constitution review process. 'Among others, they are to analyze and present the data collected in a simple, concise, and organized manner for the committee's deliberations and consideration to assist in ultimately taking critical and informed decisions. 'Conduct research on bills, measures, and policies referred to the committee and advise on their viability and likely consequences for proposed constitutional alterations. 'They will also advise the committee to arrive at decisions that are fair to all and in accordance with the fundamental objectives and directive principles of state policy,' Kalu said. Members of the team include legal luminaries and scholars: Mr Clement Nwankwo, Mr Mamman Osuman, Prof. Nuhu Jamo, a Senior Advocate of Nigeria. Others are Chief Chris Uche, another Senior Advocate of Nigeria, Mr Seni Adio, also a Senior Advocate of Nigeria, Mr Samson Osagie, Prof. Joy Ezeilo, and Prof. Ladi Hammalia. While issues such as state police and artificial intelligence are said to top the agenda, some stakeholders have said local government autonomy should be on the front burner of the exercise. Chief Sam Onuigbo, a former member of the House of Representatives, said recently that fiscal autonomy for local government areas should be guaranteed in the amendment to ensure that the three tiers of government get re sources to perform their constitutional duties. He also said without total autonomy for the local governments, it would be difficult for them to have access to funds to perform optimally. 'Many areas of the constitution deserve a second look. I know that we have been taking it bit by bit in ensuring that we amend the constitution to take care of the challenges we have been having. 'We should amend the constitution and grant this autonomy so that we can return to what it was then. 'We need local governments to become fully operational so as to keep the rural people busy and this will go a long way to move governance to the grassroots and reduce criminal activities', said Onuigbo who is a climate change activist. He said true autonomy for local governments would ensure that they got their share of national revenue with governors tinkering with its. Section 7 (1) of the 1999 Constitution clear on local government administration in the country. 'The system of local government by democratically elected loca l government councils is under this constitution guaranteed; and accordingly 'the government of every state shall subject to section 8 of this constitution, ensure their existence under a Law which provides for the establishment, structure, composition, finance and functions of such councils', it says. However, state governors have so far exploited the loopholes in certain provisions in that section to deny local governments fiscal autonomy. For instance, while the constitution says local councils have to participate in economic planning and development of their areas, it went ahead to state that the state houses of assembly should establish an economic planning board for local councils. Stakeholders like Oniugbo frown at the provision of the constitution that gives power to the state houses of assembly to make laws for the local governments, saying it had crippled their functionality. This, they say, has render local governments lame ducks. However, some stakeholders said it became deep-rooted when Nig eria returned to civil rule in 1999, prompting the then Olusegun Obasanjo administration to establish an 11-man Technical Committee on the Restructuring of Local Government in Nigeria in 2003. The committee made three major recommendations: One of its recommendations was the recognition of local government as the autonomous third tier of government in Nigeria. It also recommended the abolition of the State-Local Government Joint Account; and direct remittance to each council of its share of the Federation Account. Unfortunately, groundbreaking as they were, the recommendations could not be implemented because they required a constitutional amendment. When the constitution was eventually reviewed in 2011, state governors blocked attempts to grant full fiscal autonomy to local governments. The same scenario played out in 2023 when former President Muhammadu Buhari signed 16 constitutional amendment bills into law. Ironically, one of the amended provisions is Section 121 (3), which now grants explicit fin ancial independence to houses of assembly and state judiciary. Stakeholders argue that granting autonomy to arms of government while depriving a constitutionally-recognised tier of government is an unacceptable affront by governors. At a forum on constitutional review process in 2012, the late Mr Ibrahim Khaleel, then NULGE president, said governors were exploiting the contradictions and confusion in Section 7 of the constitution to abort democratic governance. He said the ambiguity of that section made it possible for governors to suspend council elections and impose caretaker or transition committees, thereby usurping the statutory functions of local governments and plundering their resources. Indeed, a recent report shows that local government councils in 17 states are being run through transition or caretaker committees, with Anambra not conducting council polls in 10 years! Strengthening local government administration may not present a simple and seemingly magical solution to the problem of grassro ots governance. However, some stakeholders say being the closest to the people, the lack of fiscal autonomy for the third tier of government is forcing grassroots governance to suffer. Therefore, some are calling for Section 7 to be repealed and replaced with a fresh chapter on local government administration in order to restore its autonomy status as the third tier of government They are also calling for the repeal of Section 162 (6) which created the special account called 'State Joint Local Government Account' and aids the mismanagement of local government resources by state governments. Since state governments are reluctant to conduct elections in local councils, some stakeholders are also calling for the removal of the State Independence Electoral Commission from Section 197 (1) (a) and Part II of the Third Schedule. Instead, they want the power to conduct such elections to be transferred to the Independent National Electoral Commission (INEC). As usual, it is expected that state governors will res ist another attempt at granting local governments fiscal autonomy through stooges in their various houses of assembly. For such an amendment to sail through, it must be approved by resolutions of the House of Assembly of not less than two-thirds of all the states in the federation - that is about 24 states. The 9-man expert committee has promised do its best to ensure that Nigerians have a befitting constitution. Uche, a member of the committee spoke the mind of his colleagues at a meeting chaired by Kalu in Abuja recently. 'We are operating a constitutional democracy and we have seen the hiccups… 'With our wealth of experience in constitutional engagement and practice we are very certain that some of the things we have come across along the way, we will definitely bring them to bear on our work. So, we assure you, we will put in our best'. The ball is the court of members of the National Assembly history beckons and how they handle this assignment will determine how history will remember them. Local G overnment Councils need to be freed from the shackles of governors and only a constitution that will guarantee this will suffice. Source: News Agency of Nigeria

Minister of Women Affairs, Uju-Kennedy Ohanenye, says the ministry is working with stakeholders for the establishment of mobile courts to get justice for women incarcerated for years in correctional facilities without trial. The minister said this in an interview with the News Agency of Nigeria (NAN) on the sidelines of a women empowerment conference to mark the 2024 International Women's Day, on Tuesday in Abuja. The conference, organised by Arise Monalisa Foundation in collaboration with One Percent International Management Services Limited, discussed issues affecting women, young female entrepreneurs and children. Ohanenye said many women awaiting trial over minor offences have been abandoned in correctional facilities for years, with no hope of getting justice. She said that the establishment of the mobile court would help such women and aid in decongesting the correctional facilities. 'Remember when I came in as minister and they said women were suffering I had to go to the prison yard, I saw many w omen abandoned in the prison for over four years awaiting trial over minor issues like owing debt of N10,000, N15,000, N20,000. 'Out of what I said before on inhumanity to humans, they just drop them there because they feel they don't have anybody to speak for them, we don't want that to continue to happen. 'That's why I was looking for a mobile court to get these women released, and I went straight to Mr President and I asked for a mobile court and, Mr President said go ahead and gave me a nod,' she said. According to the minister, she had contacted the Attorney General of the Federation and state governors to collaborate in the endeavour. 'I wrote to the governors' forum and I was called to make a presentation and it was approved and the consent letter was given to me. 'I need to go now and ensure it's implemented in all the states,' Ohanenye added. She said in spite of some stumbling blocks, she was determined to get the mission accomplished. 'This is something that could allow our fellow women to b reathe; this is something that can decongest the prisons. 'When people said it's impossible to have a mobile court I said it will be possible, because this is something that will protect the lives of women and children,' the minister said. Source: News Agency of Nigeria

The Ministry of Environment, Forestry and Tourism (MEFT) has recorded a total of 28 rhinos poached since the beginning of the year. Meanwhile, no case of elephant poaching was recorded. In a press statement issued on Monday, MEFT spokesperson Romeo Muyunda said 19 of the rhinos were poached in the Etosha National Park of which 10 were discovered during dehorning operations throughout March. Muyunda, also confirmed recent reports of four white rhino poached on a private farm in the Otjozondjupa Region, bringing the total number of rhinos poached on private farms in the country to five, for the year. Muyunda said three rhinos were poached at rhino custodianship farms, and one in the Kunene Region bringing the overall total to 28 for the year - consisting of 19 black and nine white rhinos. 'Poaching in Etosha is particularly concerning because this is our flagship park, having a high concentration of rhino conservation and other high-value species making it a major attraction for tourists,' he said. He add ed that based on the current situation and the urgency, an assessment is being undertaken in Etosha to establish the full extent of the problem. The ministry, he said remains committed to fighting poaching at all costs to ensure it achieves its obligation of protecting the country's wildlife to benefit the current and future generations of Namibia. Muyunda further said that to strengthen interventions and sharpen its strategies moving forward, MEFT has called for an urgent high-level meeting with the security clusters to dissect the matter. He also called on all stakeholders including members of the public to 'summon their conscience and patriotism' and join the ministry in this difficult fight against the poaching of high-value species. He said no arrests were made in the recent cases so far, but cases were opened and investigations continue. Source: The Namibia Press Agency

WINDHOEK: A 33-year-old male was assaulted to death at a bar in Omulunga Street in Windhoek, Hakahana on Sunday. The deceased was identified as Immanuel Tukondjele Shimwetheni, a crime report issued by the Namibian Police Force stated. 'It is alleged that the incident of murder took place at about 23h55. The victim was allegedly assaulted in a bar with an unknown object by two suspects. It was reported that the man fell on a table of alcohol, resulting in the falling of the alcohol, which aroused a confrontation between the deceased and the suspects,' said the report. His next of kin were informed, and the two suspects were arrested. Furthermore, Priscilla Skrywer, a 64-year-old died after she was allegedly stabbed by her nephew with a kitchen knife on her left chest. The incident reportedly took place at Farm Uiseb in the Rehoboth district at about 18h00 on Sunday. 'It is alleged that the suspect got involved in an argument with his aunt (the victim) resulting in the victim grabbing a piece of firewood and beating the suspect in the face whereby the suspect retaliated by stabbing the [elderly woman]. The suspect fled the scene and was not yet arrested. Police investigations continue. Source: The Namibia Press Agency

The Namibian Police Force (NamPol) in the Oshikoto Region have opened a case of murder against a 25-year-old security guard after he reportedly shot and killed an unknown man with a shotgun. According to NamPol's Head of Crime Prevention in the region, Deputy Commissioner Wynand Neels on Tuesday, the incident happened around 00h35 at Onanke village in the Omuntele Constituency. The deceased is unknown at this stage and his lifeless body was taken to the Omuthiya mortuary for a post-mortem to be conducted. The next of kin were not yet informed. 'It is alleged that the man was trying to break into the room of a female occupant who is an employee of a mini market, and the occupant woke up and sent a text message to a security guard on duty at the workplace informing him that someone is trying to break into her room,' reported Neels. He said the summoned security guard went to the place being broken into and he and the shop employee found the intruder (deceased) hiding in the toilet. When he saw them he tried to escape and the security guard fired a warning shot to stop him from fleeing, however the intruder continued fleeing. 'The guard fired a shot in the direction of the fleeing suspect and the bullet struck him on the upper chest and he died on the spot,' Neels said. The security guard is arrested and detained at Omuthiya Police Station, while the investigation is still at an early stage. Source: The Namibia Press Agency

WINDHOEK: The body of a 29-year-old man was found hanging on Friday from his room's ceiling at Omaruru's Ozondje location in the Erongo region. He was identified as Richard Murotua. The Namibian Police Force (NamPol) in an incident report recently alleged that the Murotua's lifeless body was discovered hanging from the roof of his room with an electric cable around his neck. No suicide note was found and no foul play is suspected. His next of kin was informed. In a similar incident, the lifeless body of 27-year-old Leopolo Hambata was discovered hanging from a tree in the Northern Industrial Area in Katutura on Friday. 'It is alleged that a taxi driver saw a stationary taxi alongside the gravel road and upon closer inspection he realized that the taxi was locked and no one was inside. When he scanned the surroundings, he saw the body of the deceased hanging in a nearby tree,' said the report. No foul play is suspected and his next of kin was informed of his death. Police investigations in both matters continue. Source: The Namibia Press Agency