Nigeria - Under Fire President Jonathan Abandons Tenure Elongation

Nigerian President Goodluck Jonathan bowing to public pressure, may have dropped the idea of a seven-year single tenure, local newspapers in Nigeria reports.

But the government is determined to create one or two states “to ensure some balance and equity”, a source said, pleading not to be named.

One of the new states may come from the Southeast, which is the only geopolitical zone with five states.

Also, the government has foreclosed state police in the proposed amendments to the Constitution. It will not be on the list it plans to  send to the National Assembly.
There might, however, be significant  proposals on local government and justice sector reforms.
A government committee on the proposed amendments has almost concluded its work.The popular thinking in government circles is that the single term tenure is not popular among Nigerians, hence the decision to dump it.

The source, who spoke last night, said: “In deference to public opinion, the Presidency will no longer push ahead with the seven-year single-term tenure because the proposal has been beclouded with political sentiments and unnecessary speculations.

“The intention of President Goodluck Jonathan is to stabilise the system and reduce political frictions and post-election crises to the barest minimum but most people erroneously assumed that he is trying to perpetuate himself in power.

“Whether we like it or not, posterity will certainly vindicate Jonathan on this single tenure system.

“So, as things stand, the Presidency will retain the present provision of a renewable four-year tenure system - in line with Section 135 of the 1999 Constitution.”

On state creation, the source said: “President Jonathan believes in equity and fairness. I think his administration is favourably disposed to the creation of one or two states to address obvious imbalance.

“One of the states might be from the Southeast, which is the only geopolitical zone  with five states. The other five zones have six states, with the exception of the Northwest with seven states.”

On other likely areas of amendment, the source said: “We want to ensure autonomy for local governments, especially on the need for the abolition of Joint Accounts. Most of the 774 local government areas in the country have become appendages of the state governors.

“The administration of President Jonathan is disturbed that there is no democracy at the local government level, let alone good governance. This is a vital tier of government.

“Also, Nigerians should expect fundamental reforms in the justice sector, especially access to justice, quick dispensation of justice  and criminal justice reforms.”

The source admitted that the government is considering the proposals of Justice Alfa Belgore Committee, the report of the Steering Committee on the Implementation of the Justice Sector Reforms in Nigeria and other similar reports to draw up its proposed amendments.

While submitting the report of its committee to the President in July, Justice Belgore harped on the need to save the local government system and reform administration of justice.

He said: “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 grassroots where it really matters for this country.

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

“The procedures we inherited from the colonial times, 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 their being  sacrosanct, which is unfortunate.”

It was gathered that plans by the Independent National Electoral Commission (INEC) to initiate independent amendments to the Constitution and the Electoral Act 2011 may not work.

By law, the electoral commission cannot approach the National Assembly directly, but through the Federal Government.

A top government official said: “INEC cannot go ahead to seek amendments to the Constitution without doing so through the Federal Government.

“By virtue of Section 153 of the 1999 Constitution, the electoral commission is one of the Federal Executive Bodies. So, anything INEC wants to do must be through the government and not as an independent body.

“What INEC should do is to submit its proposed amendments to the government for harmonisation and the government in return will look at it on merit and forward these proposals to the National Assembly.”

INEC is proposing an amendment to its Act to stop a sitting President from appointing Resident Electoral Commissioners. The commission is seeking powers to appoint RECS in order to enhance its independence and be able to conduct a free and fair poll.