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Nigerian Confab: Elders' committee report


- By Professor Joe Irukwu

(Thursday, June 16, 2005)

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"Any person who had taken power by force or unconstitutional means shall be disqualified from contesting any elections."


Resource Control

The committee considered in dept, the issue of resource control. It recognised the devastating effect of oil exploration in the Niger Delta region of the country. It agreed to recommend to the conference the following packages in addition to the points on which agreement was reached in the committee on Revenue Allocation and Fiscal Federalism.

(1) A clear affirmation of the inherent rights of the people of the oil producing areas of the country not to remain mere spectators but to be actively involved in the management and control of the resources in their domain by having assured places in the Federal Government mechanism for the purpose of the oil and gas exploration and marketing.

(2) An expert commission should be appointed by the Federal Government, to study all the ramifications of the industry including revenue allocation, with a view to reporting, within the period of not less than six months, how the mineral resources concerned, can best be controlled and managed to the benefit of the people both of the states where the resources are located and of the country as a whole.

(3) In the interim, the level of derivation to be increased from the present 13 per cent to 17 per cent, with the four per cent increase coming from the allocation of the Federal Government’s massive and urgent programme of infrastructure development and human resources of the Niger Delta should be embarked upon by the Federal Government.

Funding of Local Governments

The committee recommended that bulk allocation should be made to the states in respect of their local governments, irrespective of the number of local governments in any particular state.

Federating Units

The committee recommended that states should be adopted and recommended to the conference as the federating unit of the country. Rotation of the Office of the President, Governors and Chairmen of Local Government AreasThe office of the President and Local government chairman, should rotate in such a way that all the geo-political zones in the federation, the states and local governments as the case may be, should have the opportunity to produce the president of the Federal Republic of Nigeria, governor or local government chairman, all rotating between the Northern and Southern parts of the country and geo-political zones in the states and local government areas respectively. Because of the emotive nature of rotation, it should not be included in the constitution. It should, however, be given legal backing below the constitution, to ensure that political parties are enjoined to apply the rotation principle in order to provide for equity, equality and justice in putting forward people for electoral offices.

Qualification for elections

Any person who had taken power by force or unconstitutional means shall be disqualified from contesting any elections.

Tenure of the office of the President/Governor

The committee was unable to reach a concensus on this subject because people were divided almost equally on the subject and we decided to vote on it. Some wanted the status quo maintained. Others suggested four years and six years. Though they did not give reasons, they maintained their positions. Others wanted the six-year single term and they gave several reasons.

Electronic Voting

I can announce that we voted on this particular subject. The voting on the subject was 24 to 21. And it was so close that there was no concensus. The committee supports the use of electronic voting machine in the conduct of future elections in the country.

State Creations

Following the decision that states should be the federating units, it was agreed that the South-East, being the only zone with five states, be given an additional state. It was decided that in principle, the issue of state creation should be left open and when a good case is made, procedures for state creation as enshrined in the constitution should be followed in a way that all deserving cases should be heard.

Immunity for the President, Vice President, Governors and Deputy Governors

Chief executives and their deputies at both the federal and state levels are entitled to immunity in civil cases only. However, immunity as provided in section 308 of the constitution with regards to criminal cases in line with the procedure recommended by the judiciary and legal committee, should be adopted.

State Police

The committee accepts a Nigeria Police Force which would operate on the basis of community policing under which people with local knowledge could become part and parcel as much as possible.

INEC and Conduct of Local Government Elections

Having decided that local governance be vested in the states, and that power should, as much as possible, be devolved to the states, the committee recommends that states should take care of their local governments and their elections.

Related Links:- 
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National Conference, No-Go-Areas and the Intractables
Obasanjo's National Confab - A Journey Without Destination
Sovereign National Conference (with Honesty), 2004-2005
Ogbeh Vs Obasanjo: Validating the need for true SNC

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