Constitution Review: Senate Forecloses State Creation

The Senate has ruled out the creation of new states, it was learnt on Sunday.

The Senate Committee on the Review of the 1999 Constitution observed that, apart from shrinking resources, which may render additional states unviable, the exercise may fuel national tension and further polarise the country.

There are agitations across the six geo-political zones that states should be increased from 36 to 56.

However, the Senate Committee reasoned that the new states will create additional burden for the country.

Senate President Ahmad Lawan, who spoke on the report of the Constitution Review, said the recommendations, which would be harmonised before the Constitution Amendment Bill is passed, will top the agenda of the Senate after the Christmas recess.

There are over 30 items in the report of the Senate Committee on Constitutional Review, it was learnt.

According to the report, the 70-year retirement age limit for Supreme Court and Court of Appeal justices will now be extended to all judges nationwide.

Appeal Court as final arbitor on election cases
It was also gathered that election matters or petitions are now to end at the Court of Appeal, instead of recourse to the Supreme Court.

Until some few years ago, the Court of Appeal was the final arbiter on election petitions.

To decongest the Supreme Court, the apex court may no longer adjudicate on some matters like land and marital issues.

However, the lawmakers are pushing for the decentralisation of the Nigeria Police, including financial autonomy for state and zonal commands.

According to investigation, in spite of the fact that a recommendation has been made for referendum to be conducted for 20 new states by the Independent National Electoral Commission (INEC), the Senate may not go ahead with the exercise again.

A source, who spoke in confidence, said: “We have realised that the nation’s resources are limited and cannot accommodate new states.

“What we have done so far was to document the requests for new states and those 20 we wanted INEC to conduct referendum about for future sake.

Argument against state creation
“We have also observed that most states are unviable and there is no basis creating additional burdens for the country.”

A member of the Senate Committee on Constitution Review said: “We are no longer considering agitation for state creation because there is a new development with the call for restructuring.

“If the nation bows to the pressure for restructuring, it is a bigger picture than state creation. So, restructuring is taking the centre stage.

“It is even apparent that we have weak states. There is no basis for new ones. Besides, state creation can lead to more political discord and tension in the country. We do not want to add to the security challenges nationwide.

“Some geo-political zones are not keen on new states. The polarisation in Northcentral alone can lead to a major crisis in the zone. It appears only the Southeast is more coherent in its demand for a new state.

“It is not easy to meet the conditions for creation of new states without political rancour. We cannot and should not add to the prevalent tension in the country.”

Constitutional provisions
The Section in Part 1 of Chapter 1 of the 1999 Constitution on state creation states the conditions as follows:

“An Act of the National Assembly for the purpose of creating a new state shall only be passed if –

(a) a request, supported by at least two-thirds majority of members (representing the area demanding the creation of the new state) in each if the following –

(i) the Senate and the House of Representatives

(ii) the House of Assembly in respect of the area, and

(iii) the local government councils in respect of the area, is received by the National Assembly.

“A proposal for the creation of the state is thereafter approved in a referendum in by at least two-thirds majority of the people of the area where the demand for creation of the state originated.

“The result of the referendum is then approved by a simple majority of all the states of the Federation supported by a simple majority of members of the Houses of Assembly, and

“The proposal is approved by a resolution passed by two-thirds majority of members of each House of the National Assembly.”

The Senate Committee member added: “State creation is no longer on the card as far as the ongoing constitution review is concerned.”

Proposed states
Some of the requests for new states are Itai State (from Akwa Ibom State); State status for the FCT; Katagum State from Bauchi State; Okura State from Kogi East; Adada State from Enugu State; Gurara State from Kaduna South; and Ijebu State from Ogun State

Others are Ibadan State from Oyo State; Tiga State from Kano State; Ghari State from Kano State; Amana State from Adamawa; Gongola State from Adamawa; Mambilla State from Taraba State; Savannah State from Borno State; and Okun state from Kogi State.

Also on the list are Etiti State from the South East Zone; Orashi State from Imo and Anambra states; Njaba from Imo State or the excision of Aba State from Abia State; Anioma State from Delta State; Torogbene and Oil River States, from Bayelsa, Delta and Rivers states; and Bayajida State from parts of Katsina, Jigawa and Zamfara states.

On the recommendations of a “uniform 70-year retirement age limit for High Court, Court of Appeal and Supreme Court judges,” a source said: “In the proposed amendment to 1999 Constitution, hearing of election matters or petitions will henceforth be concluded at the Court of Appeal, instead of the Supreme Court. We are returning to the previous practice, we do not want to overburden the Supreme Court.

“Also, we are going to oust the jurisdiction of the Supreme Court on some matters like land dispute, marital cases, child paternity and others. We want a Supreme Court with accelerated hearing of substantial cases. At present, there are cases of 10 to 20 years before the Supreme Court. Some litigants having cases at the apex court have died without justice.

“If a lawyer appeals to the Supreme Court, you will see him getting one or two-year timeline. A lot of political and election cases are distracting the Supreme Court.”

On the decentralization of the police, a principal officer said: “It is a key part of the constitution review which we will debate and approve after the recess.”

Devolution of police
The Constitution Review Committee has recommended decentralisation of the police operation and bring the police nearer to the people.

In the new arrangement, there will be additional 17 Zonal Commands, Zonal Police Council, State Security Advisory Council and Community Policing Advisory Council.

The Zonal Commands shall have operational and budgetary control over the police formations in the zones.

The Zonal Commands shall prepare and submit to the Force Headquarters their Budget, which the Inspector-General of Police shall forward to the National Assembly for approval.

The deployment of an Assistant Inspector-General of Police to a Zone and or his removal from a Zone shall be subject to confirmation by the Senate.

The Inspector-General of Police is stripped of powers to remove an Assistant Inspector-General of Police at will.

The removal of an Inspector-General of Police and an Assistant Inspector-General of Police shall be based on two-thirds majority of the Senate.

While the removal of an Inspector-General of Police and an Assistant-Inspector-General of Police shall be based on two-thirds majority of the Senate, no Commissioner of Police can be removed in a state, except it is subject to approval by two-thirds majority of the House of Assembly of the state.

Police funding
Also, the funding of the police will now be at zonal, state and local levels.

Special levies and or taxes are to be introduced in the states in the Zones for the purpose of the Fund.

Some of the amendments to the 1999 Constitution are as follows: “ Section 215(1)(a) an Inspector-General of Police who, subject to section 216(2) of this constitution shall be appointed by the President on the recommendation of the National Police Council from among serving members of the Nigerian Police subject to the confirmation of such appointment by the Senate.”

“215(1) (b) a Commissioner of Police for each State of the Federation who shall be appointed by the Police Service Commission and deployed by the Inspector-General of Police.

“215(1}(c) A commissioner of Police for a State shall serve in that capacity for a minimum term of two years which may be renewed or extended for another period of two years and no more.”

New police structure
On the Zonal Structure of the Nigerian Police Force, Section 215{1)(d) | The Zonal Commands of the Nigerian Police Force shall consist as follows:

The breakdown of the Zonal Commands of the Nigeria Police Force (NPF) is as follows: Zone 1 (Kano/Jigawa); Zone 2-(Lagos/ Ogun); Zone 3-(Adamawa/Taraba); Zone 4-(Benue/Nasarawa/ Plateau); Zone 5-(Edo/Delta); Zone 6-(Akwa Ibom/Cross River); Zone 7-(FCT/Niger); Zone 8-(Kogi/Kwara); and Zone 9-(Abia/Ebonyi/Imo).

Others are Zone 10-(Sokoto/Kebbi/Zamfara); Zone 11-(Osun/Oyo); Zone 12-(Bauchi/Gombe); Zone 13-(Anambra/Enugu); Zone 14-(Katsina/Kaduna); Zone 15-(Borno/Yobe); Zone 16-(Bayelsa/Rivers) and Zone 17-(Ondo/Ekiti).

The mode of operation of the Zonal Commands is as follows:

“Each Zonal Command shall be headed by an Assistant Inspector-General of Police who shall report to the inspector General of Police.

“The Zonal Command shall be headed by an Assistant Inspector-General of Police of Police who shall be deployed by the Inspector General-of Police on the recommendation of the Zonal Police Council who shall forward at least six names for the consideration of the Inspector-General of Police from among serving members of the Nigerian Police.

The deployment of an Assistant Inspector-General of Police to a Zone and or his removal from a Zone shall be subject to confirmation by the Senate.

“The Zonal Commands shall have operational and budgetary control over the Police formations in the Zones and shall prepare and submit to the Force Headquarters their Budget which the Inspector-General of Police shall forward to the National Assembly for approval.”

There was also an alteration to Section216 of the 1999 Constitution on the removal of Inspector-General of Police and an Assistant inspector-General of Police.

The removal of an Inspector-General of Police and an Assistant Inspector-General of Police shall be based on two-thirds majority of the Senate. .

Section 216(1) says: “An Inspector-General of Police shall only be removed by the President upon the recommendation of the National Police Council praying that he be so removed on any of the following grounds

(a) misconduct in the discharge of his official duties;

(b) breach of Police Act, Regulation and Code and Code of Conduct;

(c) conviction of any offence by court of law or tribunal, including administrative tribunals set up by the Police Authorities for internal discipline of police officers;

(d) indictment by a judicial body or tribunal for corruption, fraud, embezzlement or other unacceptable conducts In office:

(e}) bankruptcy

(f) mental Incapacity; and

(g) participation in political activities of any kind either within or outside the country, including sponsoring or giving aid to any political group or movement:

Provided that such removal shall be subject to approval by a resolution of two thirds majority of the Senate.

(2) An Assistant Inspector-General of Police shall only be removed by the Inspector. General of Police upon the recommendation of the Zonal Police Council praying that he be so removed on any of the following grounds

(a) misconduct in the discharge of his official duties;

{b) breach of Police Act, Regulation and Code and Code of Conduct;

(c) conviction of any offence by court of law or tribunal, including administrative tribunals set up by the Police Authorities for internal

discipline of police officers;

(d) indictment by a Judicial body or tribunal for corruption, fraud, embezzlement or other unacceptable conducts in office;

(e) bankruptcy

(f) mental incapacity; and participation In political activities of any kind either within or outside the country, including sponsoring or giving aid to any political group or movement:

Provided that such removal shall be subject to approval by a resolution of two thirds majority of the Senate.

“A Commissioner of Police of a State shall only be removed by the Inspector-General of Police upon the recommendation of the State Police Council praying that he be so removed on any of the following grounds

{a) misconduct in the performance of his official duties;

(b) serious breach of policing standards;

(c) conviction of any offence by a court of law or tribunal, including administrative tribunals set up by the police authorities for internal disciplining of police officers;

(d)indictment by a judicial body or tribunal for corruption, fraud, embezzlement or other unacceptable conducts in office;

(e) bankruptcy;

(f) mental incapacity; and

(g) participation in political activities of any kind either within or outside the State and including sponsoring or giving aid to political group or movement.

Governors’ power over police
According to the document, governors are now to preside over Zonal Police Advisory Council.

This development is in line with the alteration of Part 1 of the Third Schedule to the Principal Act by inserting a new Section “27(2)” and a new “sub-heading “Zona! Police (ADVISORY) Council”

The document adds: “Section 27(2) The Zonal Police (Advisory) Council shall comprise the following members

(a) Governors in the Zone (to preside as Chairman in rotation);

(b)} Assistant inspectors-General of Police in the Zones;

{c) Commissioners of Police in the Zones;

(ad) Chairmen of Traditional Councils of States i the Zones;

(e) 3 Representatives Religious Organizations from the Zones;

(f) Representatives of Civil Societies from the Zones;

“By inserting a new Section “28(2)”, the functions of the Zonal Police (Advisory?) Council shall include

{a) the organization and administration of the Police in the Zones and ail other matters relating thereto (not being matters relating to the use and operational control of the Police or the appointment, disciplinary control and dismissal of members of the Police);

(a) the general supervision of the Police in the Zones; and

{d) advising the Inspector-General of Police on the deployment of Assistant Inspector-General of Police to the Zones.

{c) by inserting a new Section “28(3)”

The Senate Committee also recommended the establishment of the Zonal Police (Advisory) Council Fund

Section 28 (3) says: “ There shall be established a Fund into which shall accrue all monies that shall be saved and employed strictly in the circumstances as provided for in this Constitution.

“The Fund shall be known as the Zonal Police (Advisory) Council Fund and shall consist of contributions from the Governors in the Zone and from other sources as hereunder stated. The sole objective of the Fund shall be to provide an assured fund to support the operation of the Police in the Zones and shall be solely employed in the circumstances provided for in this Constitution.”

Agenda before Senate
Before going on recess, the President of the Senate, Dr. Ahmad Lawan on Wednesday said: ”When we return, we have one major legislation that has not been attended to at all as a chamber, and that is the constitutional amendments.

”Our Committee on the Review of the 1999 Constitution has been doing its work. But as a chamber, we haven’t finished working on it.

”We are expectant that our Committee on the review of the constitution will be presenting the report to this chamber as soon as we resume. The committee has done so much, and the report is almost ready.

”When we harmonize with our colleagues in the House, we should be able to vote on the issues that will particularly bring about peace, unity and good government in our country, before such bill will be sent to the State Houses of Assembly for concurrence.”