[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.

The Presidency has advised a civil society group, Socio-Economic Rights and Accountability Project,SERAP, to seek information about President Goodluck Jonathan’s assets declaration from the Code of Conduct Bureau, CCB, since the bureau “has the powers and responsibility for addressing the issues such as the one you are pursuing.”

This response followed a request by the group made under the Freedom of Information Act asking President Jonathan to “provide information on your assets declaration details between May 2007 and May 2012, and to publish widely the information on a dedicated website.”

However, in a letter with reference number SH/SHC/9/Vol.6/128, dated 5 July 2012 and signed by Jalal A. Arabi, State Counsel on behalf of the Chief of Staff to the President, the presidency said: “I am to acknowledge receipt of your letter dated 26 June 2012 in which you request Mr. President to urgently provide information on his assets declaration details between May 2007 and May 2012, hinging your request on the provisions of both the 1999 Constitution as amended, and the Freedom of Information Act, 2011.

“I take the liberty in advising that you explore the possibility of invoking Section 3(1) Part 1 of the Third Schedule of the 1999 Constitution, as amended, referred to in your write-up.”

,which has conferred powers and responsibility for addressing issues such as the one you are pursuing. Please be assured of the Chief of Staff’s kind request.”

I[b]n response, the group’s Executive Director, Mr. Adetokunbo Mumuni, said: “Firstly, we welcome the response by Mr. President as a positive development for government’s accountability in this country because it is rare to see this kind of dialogue between the presidency and civil society.

“So, Mr. President has broken a new ground, which we now hope will be translated into good governance and improved transparency and accountability for millions of impoverished Nigerians.

“Secondly, while the advice by the presidency is sound constitutionally, we took the decision to simultaneously send our letter to both President Jonathan and the Code of Conduct Bureau because we believe the issue is not only a constitutional matter but also a moral one.

“We expected the President, being the father of the nation, to have shown leadership by example.[/b]”

The Presidency has advised a civil society group, Socio-Economic Rights and Accountability Project,SERAP, to seek information about President Goodluck Jonathan’s assets declaration from the Code of Conduct Bureau, CCB, since the bureau “has the powers and responsibility for addressing the issues such as the one you are pursuing.”

This response followed a request by the group made under the Freedom of Information Act asking President Jonathan to “provide information on your assets declaration details between May 2007 and May 2012, and to publish widely the information on a dedicated website.”

However, in a letter with reference number SH/SHC/9/Vol.6/128, dated 5 July 2012 and signed by Jalal A. Arabi, State Counsel on behalf of the Chief of Staff to the President, the presidency said: “I am to acknowledge receipt of your letter dated 26 June 2012 in which you request Mr. President to urgently provide information on his assets declaration details between May 2007 and May 2012, hinging your request on the provisions of both the 1999 Constitution as amended, and the Freedom of Information Act, 2011.

“I take the liberty in advising that you explore the possibility of invoking Section 3(1) Part 1 of the Third Schedule of the 1999 Constitution, as amended, referred to in your write-up.”

,which has conferred powers and responsibility for addressing issues such as the one you are pursuing. Please be assured of the Chief of Staff’s kind request.”

I[b]n response, the group’s Executive Director, Mr. Adetokunbo Mumuni, said: “Firstly, we welcome the response by Mr. President as a positive development for government’s accountability in this country because it is rare to see this kind of dialogue between the presidency and civil society.

“So, Mr. President has broken a new ground, which we now hope will be translated into good governance and improved transparency and accountability for millions of impoverished Nigerians.

“Secondly, while the advice by the presidency is sound constitutionally, we took the decision to simultaneously send our letter to both President Jonathan and the Code of Conduct Bureau because we believe the issue is not only a constitutional matter but also a moral one.

“We expected the President, being the father of the nation, to have shown leadership by example.[/b]”

The country moved from a self-sufficient food economy to food importation dependent country. Its agricultural sector which accounted for 97% of its exports earnings at independence in 1960 was relegated to the background, as oil resource revenue moved from $295 million in 1965 to $2.5 billion in the 1970s (within a period of ten years), and accounting for 82% of Nigeria's revenue (Okonta and Douglas, 2003).Consequently, the growth and dominance of oil production in Nigeria's economy gave rise to multiple effects.

These effects notably includes: (a) massive reduction of the agricultural sector's contribution to the economy, (b) sole concentration on oil production as source of foreign revenue, (c) a change in revenue sharing principles, (d ) change in political system, ( e) civil war and violent conflicts, and (f) a change in Nigeria's Land Use Act. These effects listed above are some of the most visible consequences of the emergence of oil resource in Nigeria's economy, even though there are still other fall-outs such as negligence for taxes and other forms of revenues, and most importantly, the issue of lack of fiscal accountability by government.

Beaf: [size=14pt]What do your state an LG contribute to Nigeria and what have you done to ensure they contribute?[/size]

I am tired of hearing people complain forcefully about Nigeria, while absolving their state and local govts of any responsibility.
It is a shocking approach to our developmental problems.

First of all, in a federal system, ALL government units have a responsibility to generate wealth, representation, fulfilment and wellbeing for the citizens under their wing. However, in today’s Nigeria state and LG's do little more than collect money from the FG on a monthly basis.
The acceptance of this state of affairs by the citizenry is clearly a disgrace that points to exactly why we have so woefully failed to develop.

At the heart of the acceptance of the begging trail to Abuja is a gross misunderstanding of how a federal govt should function. This widespread misunderstanding can be laid firmly at the foot of years of traumatising military rule in which the head of state sat over the country as a great god from whom all things flowed.
It was in the interest of these great gods to sow chaos in the system to ensure that Nigeria was always there for them to milk.

So much energy has been concentrated on easy loot from oil that we have forgotten how to be creative and have become a people who exist as spongers and who only wish to become “better” spongers. Here is what creativity, honest sweat and determination have produced for the cities below that ALL make more money than the ENTIRE Nigeria:

Nigeria: GDP (PPP) 2009 estimate $341.572 billion
http://www.imf.org/external/pubs/ft/weo/2010/01/weodata/weorept.aspx?sy=2007&ey=2010&scsm=1&ssd=1&sort=country&ds=.&br=1&c=694&s=NGDPD%2CNGDPDPC%2CPPPGDP%2CPPPPC%2CLP&grp=0&a=&pr.x=38&pr.y=14

Tokyo (Japan) $ 1479 billion
New York City (United States) $ 1406 billion
Los Angeles (United States) $ 792 billion
Chicago (United States) $ 574 billion
London (United Kingdom) $ 565 billion
Paris (France) $ 564 billion
Osaka (Japan) $ 417 billion
Mexico City (Mexico) $ 390 billion
Philadelphia (United States) $ 388 billion
São Paulo (Brazil) $ 388 billion
Washington D.C. (United States) $ 375 billion
Boston (United States) $ 363 billion
Buenos Aires (Argentina) $ 362 billion

Here are two power plants owned by local governments in the UK. These damn things are not owned by the British govt, but by LG's:

SELCHP (35MW) – Lewisham and Southwark Councils



Greenwich Power Station (117MW) – Standby power station for Greater London



Many of us were out rioting for #Occupy, whereas our states and LG's are rotting edifices with no purpose, outside an awuf scramble.
[size=14pt]WHAT HAVE YOU DONE OR ARE YOU PREPARED TO DO TO MAKE OUR STATES AND LG'S PRODUCTIVE?[/size]

Local govt autonomy and the scaling back of the land use act will usher Nigeria into the era of true federalism and get us on the highway to development once and for all. The realisation of those two items is the fulcrum by which we can lever ourselves out of slavery to oil/Abuja cabals and empower the little guy on the street with a contract of citizenship and belonging that is both compassionate and just.

Political power is over centralised in Nigeria, with all the nations wealth concentrated in Abuja. This naturally leads to the depths of do-or-die politics and the evil problem of systemic corruption that Nigeria of today is creaking under.

The only purpose of the land use act is to enable lands to be easily siezed for oil production, to the detriment of agriculture and all other sectors. For a very balanced opinion of the land use act, read this PDF (ENTIRELY): http://siteresources.worldbank.org/EXTARD/Resources/336681-1236436879081/5893311-1271205116054/mabogunje.pdf. I'll leave land use act matters for now with a very powerful quote from yet another scholarly article:

Kobojunkie: Constitution is flawed? The Constitution he swore to uphold, but when questioned on why he chose to basically undermine the document, he declares he does not give a darn? This is the same man that went on National TV to declare that his personal principals overrule the Constitution, the law of the Land. That same Constitution is now flawed??

I hope NASS does not allow him touch that document. This man has shown that he is not the kind of person who should be touching or making changes to our Constitution. This man has no respect for the law. He should be not allowed to touch that document.

We need to stand against him making any changes to that document as is. We are better off waiting for a sane individual to come make any amendments to the document we need.

TechRev: Will NASS agree to that?? and state Governors??

Kobojunkie: Constitution is flawed? The Constitution he swore to uphold, but when questioned on why he chose to basically undermine the document, he declares he does not give a darn? This is the same man that went on National TV to declare that his personal principals overrule the Constitution, the law of the Land. That same Constitution is now flawed??

I hope NASS does not allow him touch that document. This man has shown that he is not the kind of person who should be touching or making changes to our Constitution. This man has no respect for the law. He should be not allowed to touch that document.

We need to stand against him making any changes to that document as is. We are better off waiting for a sane individual to come make any amendments to the document we need.

manny4life: [size=16pt]Apparently, someone on this forum has gone kukus[/size],