[size=14pt]Constitutional review committee advocates independent local govt system, dropping Land Use Act from Constitution[/size]
By Victor Iluyemi
July 10, 2012 23:04:44pm GMT
Nigeria

Abuja (WorldStage Newsonline)-- The Presidential Committee on the review of outstanding issues from recent constitutional conferences has submitted its report to President Goodluck Jonathan with recommendations which include the creation of an independent Local Government system in Nigeria.

Besides, the committee also wants the Chief Justice of Nigeria to be empowered to set up a Council to from time to time set up rules of court both civil and criminal and that such councils should be representative of the judiciary, the bar, the private sector and government.

The committee also advocated for the removal of the Land Use Act from the Constitution but retaining it as a National Law.

The report of Justice Alfa Belgore led committee is expected to be part of the executive’s contribution towards the ongoing constitutional review process in the country.

The committee was inaugurated on November 17th 2011, by President Jonathan with the assurance that the work of the Committee would be an important component in the process of national dialogue for enduring change and transformation.

The Committee’s mandate also included the preparation of a legislative bill that would be sent to the National Assembly for debate and consideration in the proposed Constitutional Review exercise.

Speaking shortly after receiving the report, President Jonathan said, “I would like to reiterate our administration’s unshakeable faith in the emergence of a strong, united, and prosperous Nigerian nation.

“Our enduring sense of brotherhood, unwavering desire for freedom, unique resilience, and abiding faith in Nigeria has seen us through sundry challenges over the past 52 years of nationhood. I am confident that these innate attributes will provide us the requisite fortitude to persevere and overcome in the face of new challenges.

“Even though the present Constitution has served the nation well, the general consensus is that it requires review and amendment in view of gaps that have become evident in our attempt to operationalize it over the last 13 years.”

On the report submitted to him, he said that he was informed that the Committee reached unanimous agreements on changes in key areas of the Constitution.

Jonathan also revealed that the report contained provisions to strengthen Fundamental Rights as well as legal protection for all citizens, especially children, women and the physically challenged.

On the recommendation for speedy and fairer administration of justice, the President said the committee had his support, noting, “as I believe that fundamental rights, security of life and property, the protection of the law, and equitable dispensation of justice must be made real as they greatly influence the average citizen’s sense of obligation and patriotic disposition towards the nation.

“I am equally pleased that the Committee has paid justified attention to Local Government Administration. I am convinced, given my personal experience at national and sub-national levels of governance in Nigeria, that the greatest asset of our democracy is the commitment of people at the grassroots to the ideals of transparency, accountability and good governance.

“Considering that Local Governments have the greatest potential for maximum impact on the lives of all citizens, the extent of their efficient development is the true measure of our democracy’s claim to being a government of the people by the people and for the people.

“Similarly, the Committee has made robust proposals on the public accountability imperative for officials in the Executive and the Legislature. As the most visible arms of Government, their integrity and functional capacities determine the quality of trust and reality of the social contract in any society. Their success and mutual reinforcement define the hope of our nation, while their excesses and shortcomings subvert the dreams of democratic transformation.

“I welcome the Chairman’s assertion that the Committee has made profound recommendations to strengthen the Legislature at all levels and also to demand conformity with extant national regulations in the conduct of their affairs.

“I equally welcome the recommendations that will grant the Executive more flexibility in policy making, like the removal of the Land Use Act from the Constitution but retaining it as a National Law.”

The President also described the report as “a great contribution to the country’s efforts to have a Constitution that not only reflects our present reality, but also anticipates future challenges.”

He also assured that the report will receive expeditious consideration.

In his earlier remark, Belgore said after carefully reviewing many parts of the constitution, the committee amongst others concluded that one of the things needed in the country is an independent, incorruptible and stabilizing local government system that is administered by democratically elected officials.

The committee explained that it was necessary in order to deepen principles of democracy and sound resource management at the grass roots where it really matters.

According to him, “The committee also viewed many parts of the constitution. In particular, we put new visions into creating an optimally independent, incorruptible and stabilizing local government system that shall always be administered by democratically elected officials that must be accountable, responsive to local needs, directed, controlled and sanctioned by appropriated laws. In our view, this is necessary in order to deepen principles of democracy and sound resource management at the grass roots where it really matters.

“Of special significance is that we also looked at the judiciary vis-a-vis the bar, which is just one. The procedures we inherited from the colonial tines which were originally meant for jury has not helped the speedy dispensation of justice. The British have done away with the procedures while we still insist on them as sacrosanct, which is unfortunate. That is why we believe that the Chief Justice of Nigeria must be empowered to set up a Council to from time to time set up rules of court both civil and criminal and uh councils should be representative of the judiciary, the bar, the private sector and government.

“Whereas in the constitution, each state has its own judiciary which are linked with the National Judicial Council or appointments and disciple, there is only one bar. The area of problem will be in criminal procedure because our criminal laws are at great divergence i.e, the penal code and the criminal code. To solve this problem it will be better or the President to set up a panel to look into the possibility of a unified modern criminal legislation. If these reforms in the judiciary system and the enabling legislation are carried out, it will be possible for a counsel from, say Cross River State, to travel to Borno State, Katsina State or Sokoto State and find that the criminal law is virtually the same thing; and same will be the procedure.

“Throughout the assignment, every member of the committee felt proud to serve Nigeria on an issue as central to our national well-being as the Constitution. Each member shared the patriotic spirit that animated the Committee and the deep understanding that Nigeria is a great country. Indeed very few countries are like Nigeria. There are three countries that will achieve great heights if they are left in stability for a continuous period of twenty years. These are the Democratic Republic of Congo, Brazil and Nigeria. They are greatly endowed with everything-population, landmass and wonderful vegetation, very rich soil, well-watered even in the semi desert and above all, almost limitless supply of liquid and soil minerals.”

He added: “If our country can achieve up to 40,000 MW in electric power generation, it will be so easy to heavily industrialise it and create employment for Nigerians, with our neighbours coming here to work in a situation whereby all our raw materials will be in the country, unlike the industrialised countries of North America, Europe, India, China etc. The country Nigeria is a pride to the black race and will continue to be. The present situation of some disgruntled elements trying to destabilize the country will soon pass, once Vision20:2020 starts having even greater effect on the economy.”

http://www.worldstagegroup.com/worldstagenew/index.php?active=news&newscid=5309&catid=2

This is what we are fighting for! True grassroots representation.
GEJ, you is da man!

IMHO, the anti-people land use act should be scrapped entirely.

When GEJ tried to sell the autonomous LG idea to the governors, they threw an almighty tantrum and demanded even more money from the FG.
GEJ's idea was to increase LG allocations and divorce LG accounts from their parent states accounts, so that development would go directly to the people; instead of the governors using the money for their whims.

It is in all our interests to support this constitutional amendment. Let the cry for true federalism manifest itself in our actions.

Just

Another angle:

[size=14pt]Belgore's Committee Recommends Unfettered Autonomy For LGs[/size]
Leadership Editors's picture
Tue, 10/07/2012 - 5:46pm | NAN

The Presidential Committee on the Review of Outstanding Issues from recent Constitutional Conferences has recommended optimal autonomy and stable local government system for the country.

Chairman of the Committee and former Chief Justice of Nigeria, Justice Alfa Belgore, disclosed this while submitting the committee's report to President Goodluck Jonathan at the State House on Tuesday in Abuja.

The News Agency of Nigeria (NAN) reports that the committee, among others, also recommended a unified modern criminal law for federal and states government and a review of the civil and criminal legal procedure.

``We have viewed many parts of the constitution, in particular, we put new visions into creating an optimally independent, incorruptible and stabilising local government system that shall always be administered by democratically elected officials that must be accountable, responsive to local needs, directed, controlled and sanctioned by appropriate laws.

``In our view, this is necessary in order to deepen principles of democracy and sound resource management at the grass roots where it really matters for this country.

``Of special significance is that we also looked at the judiciary vis-a-vis the bar, which is just one. That means there is only one Bar.

``The procedures we inherited from the colonial tines which were originally meant for jury has not helped the speedy dispensation of justice. There is no reason earthly why judgments and hearing in cases must take more than one year.

``The British have done away with these procedures in some of their Acts, while we still insist on them are sacrosanct, which is unfortunate.

That is why we believe that the Chief Justice of Nigeria, must be empowered to set up a Council from time to time to look at the rules of courts both civil and criminal. ’’

NAN recalls that the committee, inaugurated by Jonathan on November 17, 2011, was mandated to prepare a legislative bill that would be sent to the National Assembly for debate and consideration in the proposed Constitutional Review.

The President had underscored the consensus of Nigerians that the 1999 Constitution required a review in view of the gaps that had become evident in its provisions.

Belgore said in carrying out their mandate, the committee critically appraised the recommendations of recent Constitutional Conferences with a view to determining their relevance to current national circumstance.

He said the committee endorsed many of the recommendations and made several innovative additions to strengthen the constitution.

The retired CJN said, if adopted, the review made would deepen democratic ethos, promote good governance and the speed up dispensation of justice.

Belgore said the committee observed that Nigeria, just as Congo and Brazil, would attain greater height if the political atmosphere could stablise for 20 years.

``These countries are greatly endowed with everything-population, landmass and wonderful vegetation, very rich soil, well-watered even in the semi-desert and above all, almost limitless supply of liquid and soil minerals.’’

Specifically, he said if Nigeria could achieve up to 40,000 MW in electric power generation, it would be easy for it to industrialise and generate employment.

He gave the assurance that the current security challenges in the country would be a thing of the past soon.

Receiving the report, Jonathan thanked the committee for the review work and the effort.

He specifically thanked Belgore for forging ahead with the assignment of steering the committee even after the loss of his wife, Hajia Fatima.

The President said the recommendations in the report in the areas of strengthening fundamental rights and legal protection for all citizens, especially children, women and the physically challenged would be considered.

He noted that unfettered autonomy for Local Governments had the greatest potential for maximum impact on the lives of all citizens.

Similarly, Jonathan said that the committee’s proposal on public accountability was imperative for officials in the Executive and the Legislature.

``I equally welcome the recommendations that will grant the Executive more flexibility in policy making, like the removal of the Land Use Act from the Constitution but retaining it as a National Law.

``This Report is a great contribution to our efforts to have a Constitution that not only reflects our present reality, but also anticipates future challenges.

``I assure you that the Report will receive expeditious consideration.’’

The President reiterated his administration’s unshakeable faith in the emergence of a strong, united, and prosperous Nigeria.

http://leadership.ng/nga/articles/29411/2012/07/10/belgores_committee_recommends_unfettered_autonomy_lgs.html

I'm highly disappointed at Belgore and his committee members. Are these the only necessary changes the constitution needs?
Absolute waste of time.

Another Committee should be set up to harmonize this report ASAP

Many thanks[img]http://www.50centloseweight.com[/img]

I love this. Its better than creating new States. Again oil producing LGA's will now get their income directly from FG which is better for us in some States where few LGA's are oil producing.

Some people remind me of the definition of the word, fool.

@topic

Abagworo: I love this. Its better than creating new States. Again oil producing LGA's will now get their income directly from FG which is better for us in some States where few LGA's are oil producing.

Dude, if this is realised, it would be the best thing to have happened to Nigeria. That and a change to the land use act would herald a radically new era for the country.

For the record - List of Jonathan’s "Government by Task Force" committees.

1. Started with Presidential Advisory Council (PAC) of 26 members.
2. Oil Subsidy Removal Negotiation Committee.
3. Committee on Subsidy Reinvestment Empowerment Programme.
4.Task Force on Refineries.
5. Nuhu Ribadu Task Force on Oil Sector Revenue.
6. Ibrahim Bunu Projects Assessment Committee.
7. Presidential Advisory Committee on Constitution Amendment.
8. Security Challenges Committee (a.k.a. Boko Haram Committee)
9. Committee on Expenditure Review.
10. Committee on United Nations Environment Programme.
11. Committee on Niger Delta Development Commission.
12 . Project Assessment Committee.
13. Police Reform Committee.
14. Electricity Supply Committee, Restructuring of Govt Agencies Committee.
15. Passage of the Petroleum Industry Bill Committee.
16. Committee on LASSA fever.
17. Pension Fund Reform Task Team.
18. Task Force on Management Control within NNPC.

List does not include committees that are not publicly available. Official implication of a 'Govt by Task Force' is that Nigerian ministries & parastatals are REDUNDANT!

compiled by Femi Sowoolu

The above was as at march this year. Many has submitted their report,many like the Uwais committee also were not listed. what has the retardeen done above them so far? ANyone that thinks otherwise is a Reetardd.

Demdem: The report of this committee will go the same way as the reports of other committees before it. It will simply gather dust inside the retardeen's store.

Beaf: Some people remind me of the definition of the word, fool.

@topic


Dude, if this is realised, it would be the best thing to have happened to Nigeria. That and a change to the land use act would herald a radically new era for the country.

IF
Dude is miserably fooolish.

What specific changes will be made to the Land Use Act?

remove lg

HNosegbe: What specific changes will be made to the Land Use Act?

It'll be removed from the constitution and be made a national law.
What does that mean anyway?

J12:

It'll be removed from the constitution and be made a national law.
What does that mean anyway?

1. That it can be squashed in court.
2. It would be at the discretion of the ruling govt of the time.

@Beaf,
I agree with this development concerning LGA if this constitution review is successful but i dont understand the land use act thing. Could you explain it a little? What i want to know is the present implication of the land use act and the implication if its reviewed. Be glad to hear thanks.