National Conference And The Task Before The Kutigi-Led Delegates

In the light of the recent appointment of Rtd. Justice Kutigi as the Chair of the  forthcoming National Conference, Nigerians are desirous of a conference that will be laden with tangible results and not a cocktail conference that will only scratch the surface of our national malaise and still leave us groping in the dark.

Chukwudi OHIRI

All is set for the much publicized national conference described by many as a make or mar event that will determine the future of the country after one hundred years of corporate existence.

The naming, last week, of eminent jurist, Honourable Justice Idris Lebo Kutigi as Chairman of the National Conference, NC with respectable Prof. Bolaji Akinyemi as Vice Chairman and Dr. (Mrs.) Valerie Azinge –Secretary has so far elicited some commendations given the pedigrees of the officials. The appointment has equally doused the initial apprehension that the presidency might be rooting for puppets to help it achieve its ‘furtive’ agenda.

Justice Idris Legbo Kutigi was born on December 31, 1939 in Kutigi, Niger State and served as Chief Justice of the federation between January 30, 2007 and December 30, 2009. Before then, he had served as the Attorney General and Commissioner for Justice in Niger State until 1976 when he was appointed a high court judge. He is said to have served with honor in that position for more than a decade, and later joined the Supreme Court in 1992. After 10 years with the Supreme Court and on the recommendation of National Judicial Council, the then President, Olusegun Obasanjo appointed him to the position of Chief Justice to succeed the outgoing Cheif Justice Salihu Alfa Belgore who retired on January 17, 2007. For many, Kutigi is one of the respectable Nigerians and a round peg in a round hole.

Prof. Bolaji Akinyemi hails from Osun State. He served as Foreign Affairs Minister in the administration of former military president, Ibrahim Babangida and was a former Director General of the Nigeria Institute for International Affairs, NIIA, Lagos. While he served as Foreign Affairs Minister, he was robust and Nigeria’s foreign policy and diplomacy stunned many despite being under an unpopular military regime taunted by the whole world. Whilst in this position, he originated the Technical Aid Corps (TAC), a program which sent Nigerian professionals overseas to engage in volunteer work. It was designed to "promote the country's image and status as a major contributor to Third World and particularly African development". He also came up with the concept of the "Concert of Medium Powers". In fact, he as Nigeria’s Minister of Foreign Affairs from 1985-1987 made decisive contributions to our country’s foreign policy achievements, a feat yet to be equaled by his predecessors. “From his proposed “black bomb” to the Concert of Medium Powers and the Technical Aid Corps Scheme, Akinyemi’s ability to think and articulate concepts with an elegance and clarity akin to the American Cold War diplomat George Kerman’s famous “X” cable from Moscow to his superiors at the State Department in Washington DC, was to influence Nigeria’s foreign policy over two decades” according to Kingsley Chiedu Moghalu in his 70^th Birthday tribute, 2012.

Chief Bolaji Akinyemi is the chairman and founder of the ‘National Think Tank’, a purely private policy advocacy group which aims at broadening in-puts into public policy formulation. The initiative also seeks to establish a bank of talents of Nigerians who are both at home and abroad for national development.

Dele Agekameh in 2011 described Akinyemi as “one of Nigeria’s finest academic. Vibrant, vivacious and cerebral, Akinyemi is a study in discipline, decorum and decency. His carriage befits the ever-engaging diplomat that he is….an incurable optimist who is very passionate about his convictions. He comes round as one of the radical political scientists of our time whose intellectual proboscis penetrate deep whenever they are let loose”. He is part of this noble cause of a national conference.

Lastly, Dr. Valerie Janette Ogonna Azinge, the wife of the Director-General of the Nigerian Institute for Advanced Legal Studies, Prof. Epiphany Azinge hails from Enugu State although married to a Deltan. Though not so much is known about her, but suffice it to say that she contested the PDP senatorial seat for Delta North Senatorial District, but lost to former Senator Patrick Osakwe. She is also younger sister to a former National chairman of the Peoples Democratic Party, PDP, and former Governor of Enugu State, Okwesilieze Nwodo.

Away from the profile of the leaders of the conference, what are then the expectations of Nigerians in this National conference? The profile and pedigree of participants while being essential will only count when the outcomes of the conference conform to the dreams and aspirations of every Nigerian for a better future.

During the defunct National Political Reform Conference, Justice Niki Tobi from Delta State served as Chairman while his deputy was Sule Katagum, from Bauchi State. Matthew Kukah, now a Catholic Bishop from Kaduna state and Ishaq Oloyede, a professor from Ogun State, who later became Vice Chancellor of the University of Ilorin, served as Co-Secretaries. These were no doubt, respectable men and they did their best. But Nigerians are witnesses to the fact that the 2005 National Political Reform Conference under Obasanjo derailed its focus and the third term agenda infiltrated the discourse and even dominated it. It ended in ethnic division and a stalemate and “turned out to be, or was deliberately manipulated to be a mere subterfuge to divert attention from the administration’s performance failures” in the words of Ekeng Anam-Ndu. Anam-Ndu also observed that the 1994 Conference before it which was midwifed by Late Gen. Sani Abacha produced some well-meaning decisions and documented in the Original Report of the Conference. But “after the conference, most of such decisions were altered to versions that did little or nothing to change the status quo. The Conference ended up achieving nothing”. The new National conference must avoid the pitfalls that discredited its predecessor conferences. This has been the palpable fear of many Nigerians.

The task is doubtlessly a daunting one. The task of creating “a political ambience that makes government an effective enabler not doer” as a commentator once put it.  A government that should enable each region or zone to do better for themselves what the federal government has been trying with difficulties to do for them. Expectedly, there is high hope in the air. Anything short of a successful conference will be cataclysmical for the nation. Before Kutigi and his group are a myriad of challenges, both self imposed and structurally embedded and Nigerians are deeply worried.

Finally and to set the ball rolling, the 492 delegates have just been inaugurated and charged by the president to deliver on target time which is within the 3 months allocated to the conference. Interestingly, nominees from the various groups allotted slots for the conference have been qualitative according to reports. Build up to the nominations saw most of the groups singing slogans like “our nominees must be first 11’ implying that they were poised to sending proven men of integrity. Of course, nobody wants to risk sending mediocres to trade tackles with the bests from other sections and groups to the detriment of its interest.

Pastor Tunde Bakare of the Latter Rain Assembly and eminent banker turned politician, Fola Adeola were named as part of the Ogun State delegation. From Ekiti State, Prof Akin Oyebode, expert on international law and Most Rev. Felix Ajakaiye the Catholic Bishop of Ekiti Diocese made the list. For Lagos State, former Federal Commissioner for Works, Mr. Femi Okunnu will lead the delegation which also has former Attorney-General of the state, Mr. Olasupo Sasore as member. Among those nominated by the NLC are its President Abdulwaheed Omar as well as Deputy Presidents Promise Adewusi and Joe Ajaero. The vibrant and vociferous erstwhile President of the TUC who was at the fore front of the Fuel subsidy protest of 2012, Peter Esele is part of the delegation sent by the TUC. The presence of Gen. Alani Akinrinade, representing the State of Osun and Chief Olisa Agbakoba under the auspices of the Pro-democracy civil society organization Femi Falana, among the delegates is an indication that the conference is indeed a serious business that need not be toyed with. The list of respectable Nigerians in the delegation is obviously inexhaustive.

As the conference which is expected to end on or before the 10^th of May, 2014 kicks off, Nigerians are very enthusiastic about the outcome as though the conference would be the last hope of righting all the wrongs that have bedeviled the country and defied solution since the amalgamation in 1914 under several national political conferences.

The Knotty Issues

True/Fiscal Federalism:

One problem that has become a sing-song in the litany of Nigeria’s political malaise is the quest for true federalism or fiscal federalism, depending on the term one may want to use. There has been a serious bogey about genuine federalism as a tool of division and an instrument of separatism which glorifies unfair natural advantages and accidental luck over the less fortunate sections of the country. This is the time to make objective clarification to every section of Nigeria that contrariwise, and in the words of Gen, Alani Akinrinade, “when properly harnessed, true federalism reflects the strengths and virtues of the constituent units of an ethnically diverse nation in a way that brings out the best of these constituent units for the collective good of the nation”.

According to Awolowo who arguably can be said be the foremost champion of true federalism, the future and survival of the mutually contending nationalities lay in a true and authentic federal arrangement in which the constituent units had a great measure of authentic fiscal and political autonomy within a federal umbrella. This will banish the fear of the domination of the minorities by the majorities. The resulting healthy competition and rivalry would accentuate and accelerate economic growth for the whole nation. This undeniable fact will go a long way in strengthening the very foundation of this country and Nigerians will be grateful to not only Jonathan, but particularly, the Kutigi-led conference.

The Citizenship Question

One salient issue that will definitely receive rancorous attention at the National Conference is the citizenship question. Quoting Toure Kazah-Toure in his article ‘A discourse on the citizenship question in Nigeria’, “Citizenship in the operational 1999 Constitution of the Federal Republic of Nigeria is fundamentally defined in the most primordial terms of consanguinity, of tracing ancestral origin to a particular community considered as indigenous in the country. Constitutional provisions and the concrete practices, at the levels of both the state and partly society, do not help the future of the country in relation to its tackling the citizenship problematic [sic]. Millions of citizens are denied some rights where they reside on the basis of their being classified as non-indigenes, that is, they are treated as settlers within their immediate local communities – even if they were born, bred, continuously work and pay taxes there. Important also is the syndrome or parlance such as the ‘son of the soil' – hardly daughter. Meaning inclusion, within geography and location, which contrasts with other citizens that are not perceived as such, meaning exclusion? Citizens fitting into the classification as the native, indigene or ‘son of the soil', in a given community, may not be residing in the area – but can benefit from citizenship rights no matter the years of having been absent from the location, but those categorised as ‘settlers' have all sorts of obstacles concerning citizenship rights. Thus, a core political and social problematic Nigeria faces increasingly, on citizenship, is the indigene (native or son of the soil issue) and non-indigene or settler perceptions and practices, despite the reality that both the included and excluded are citizens of Nigeria”.

The 2005 National Political Reform Conference (NPRC) came very close to taking a decision on the question of whether or not to extend full indigeneship status to every citizen wherever they chose to reside, irrespective of their areas of origin and nativity. A pre conference media survey carried out at that time showed that all three major ethnic groups (Hausa-fulani, Igbo and Yoruba) were unanimous over the issue. Their unanimous position then was that there should be no distinction in status between a citizen and an indigene and as such, be accorded all ‘indigeneity’ rights wherever the person finds himself or chooses to reside. The NPRC was on the verge of adopting this position as a state policy to be enshrined in the constitution before they folded up.

The task before the current National conference therefore entails crafting a better definition of citizenship such that a Nigerian in any part of the country can justifiably enjoy the rights and privileges as a bona fide citizen/indigene without discrimination. In the colonial and immediate post colonial times, this was the case. Perhaps, the resolution of this question will put to an end, the recurrent communal clashes in some parts of Nigeria like Jos.

Regional Autonomy/Regionalism

If there is one major structural defect of the present federal system as is being operated in Nigeria, it is that of clear imbalance in the composition of the country. Like the problem of true federalism, Nigerians would want a return to the regional structure arrangement where each of the component regions will have some level of autonomy.

Regional autonomy as it is being proposed by well meaning Nigerians is arguably, the panacea to the myriad of problems bedeviling the country. Its proponents have argued that such will create strong regions with a weak central administration thereby making the centre less attractive. It will equally drench the political rivalry and competition that characterize politics at the centre. Under this new arrangement, the regions will manage their affairs and resources and contribute an agreed sum to the central government.  

Interestingly, the Yoruba delegation, South-South as well as South-East seem to have agreed to pursue this cause with vigour at the National Conference and in response, the North appears to posit that standing alone, they have what it takes to survive—a position that is hitherto at variance with the previous northern representatives. Northern Christians under the umbrella of Northern States Christian Elders Forum (NORCEF) also endorsed regionalism as the best option for Nigeria. With these, so it seem, reaching a consensus may not be a problem.

History has it that Nigeria fared better under the regional governments of the 1960s. The Eastern Region was then noted for its palm produce, the Western Region was known for its cocoa plantations while the Northern Region was famous for groundnut pyramids. The Mid-West Region, which was created through an Act of parliament in 1963, was known for its rubber plantations. With Agriculture as the mainstay of the economy, Nigeria's economy was rated among the best in developing countries. The National Conference can re-enact that restructuring to make Nigeria great again. Clamour for state creation would naturally cease while each region would feel free to adopt its guiding norms in so far as it does not counter to the national cause. 

A return to regionalism will definitely answer the question of creating a state police, resource control, over dependence on the central government and other adjoining questions.

Devolution Of Power

Related to the issue of true federalism and the return to regionalism is the issue of devolving power from the centre to the regions or states as the case may be. It is the informed opinion of most Nigerians that the content of the Exclusive legislative list is unnecessarily over bloated to the detriment of the component units. Sadly, one cannot expect the beneficiaries to change the status quo even when it is glaring that it is inimical to the growth and development of the nation. This is the time to critically look at the legislative list with a view to restructuring it for the benefit of the masses at the bottom rung of the political ladder. This will also affect the allocation to the centre and make it less attractive. The National Conference has so much to do in this regard.

Revenue Allocation

Linked to the issue of devolution of power is the revenue allocation formula that has been a source of contention over the years. Of course, there are genuine fears by some states in both the North and the South that they stand to lose out in the long run on their development. The National conference at this point and in the spirit of equity and fairness can propose for a development account to be funded through certain percentage of the Gross National Product duly incorporated in the constitution to assuage the fears of such disadvantaged states or regions.

Independent Candidacy

The need for accommodating independent candidacy in our constitution cannot be over emphasized. It has become a recurrent decimal in most national discourse and this might be the most appropriate time to give the issue its deserved place in the interest of the country. If adopted by the delegates, the new rule will go a long way in removing the influence of ‘big-money’ and party-level dictatorship in Nigerian politics as aspirants will cease to be tied to the apron string of party stalwarts who want to lord it over them.

The Electoral Reform Committee set up in 2007 by President Umaru Yar'adua and led by Justice Muhammed Uwais in its report recommended allowing for independent candidates in all future elections. The National Political Reform Conference, inaugurated by former President Olusegun Obasanjo in 2005 also proposed independent candidates. The proponents argue that such concept is an important universal democratic identity and further promotes freedom and broad participation. Having failed to come to light for whatever reasons, the National Conference under the watchful eyes of Justice Kutigi can resurrect this concept after examining its pros and cons.

Self Determination

Although the President has unequivocally stated that the unity of the country is not negotiable and that he will never preside over the disintegration of Nigeria, it is the opinion of many Nigerians that the issue of self determination for any group or region that so desire it must be part of the agenda for the National conference. The discussion, however must hinge on enshrining in the constitution, the self determination clause with clearly stipulated terms and conditions for its pursuit by any group. This will go a long way in creating mutual respect, justice fairness and equity for the federating states/regions. It is therefore believed that the discussion does not in any way negate the spirit and principles enunciated by President Jonathan as ‘No-go-area.’

Now is the time to walk the talk. It is obvious the revered Professor, Bolaji Akinyemi had no inkling that he would probable make the list of delegates to the national conference let alone being its Vice Chairman even if he wished. Most of his public discuss on national matters have always reflected the need to restructure Nigeria, although to many, he is a conservative.

For General Alani Akinrinade, his recent recent lecture titled, ‘Ijaw Quest for True Federalism in Nigeria: A bridge Building Approach through Ethnic Nationalities, in Yenagoa is apt and sets a valid tone for the conference to fly. He too and most probably, never knew he would be part of the conference. Some of the issues he raised in the lecture are captured in this excerpt:

“Going back to the parliamentary system in place until 1966; transferring the power to tax to the federating units; changing the system of public order and law enforcement to ensure all tiers of government have the ability to enforce the laws they make, adjudicate and administer punishment within their jurisdiction. Make education a residual matter or must the Yoruba watch egalitarianism washed away by jettisoning the teaching of history and embracing such backward ideas like nomadic education and almajeri schools in the name of unity? Creating a constitution court to adjudicate on all constitutional matters and disputes between states; allowing each state or federating unit to have a judicial system on non-federal crimes that go all the way to their own supreme court and terminates there. Will it not minimize conflict if there is clear provision in the constitution for sections that feel severely aggrieved, to elect to opt out of the federation at any time instead of resorting to arms? As alarming as that sounds, it had never been used by those who have it in their constitutions. It is only a caution to those arrogant extremists who cheat mindlessly. Will it be out of place to consider a one-chamber part - time legislature for a severely slimmed down federal government? We want to engage in realistic discussions on a tax system that is designed with sound knowledge that will be fair to all, local communities, State, region, Federal whether in the uplands or the swamps, and whether it is oil, gas, solid mineral or agricultural produce, that will put paid to the arguments on resource control and make all of us citizens not vassals of a federal government going cap in hand to receive whatever they say is our share of the booty monthly. It is about time somebody halt the retrogressive fiat that stopped O’dua investment from embarking on the construction of railway systems and stifles initiatives to supply power by any investor on commercial basis. We need to examine the burdens of some of the iniquitous burdens of SURE-P, Port development levy that had paid for our ports several years ago but still on the statute books and what good is NDOC, NNDC, OMPADEC, education fund all such levies by a remote federal government that has kept us beggared forever, apologies to William Shakespeare”. Now is the time to wittingly convince other delegates that it is in the best interest of the country to re-invent Nigeria and place it on the part of greatness again.

Challenges Before The Delegates

As part of the recommendations of the Presidential committee for the National Conference, decisions of the conference will have to be by consensus and where it is not possible, 75% vote in favour of any decision must be obtained. Analysts have faulted this stringent term expressing fears that it may be hard to arrive at in critical issues. In its stead, they advocate a two third vote as against the three quarter to make room for easy passage.

Again, given the antecedents of past political conferences, the nagging question is whether three months will be enough to discuss and articulate the many challenges that have befallen the country over the years. If it took the presidential advisory committee a whopping three months to come up with just modalities, mow much more will it take to treat the numerous issues that will arise, debate them one after the other and then seek a common ground. For thoroughness and to give ample time for addressing all issues, there is the need to for adequate time and where this is not possible, the members of the national conference must keep this in mind and treat each matter with dispatch. 

Apart from the aforementioned, the legitimacy question is very nagging. Many have have called for the national Assemble to pass a bill convoking the National conference as a way of conferring legitimacy on the exercise lest it goes the way others went. Already, tongues are wagging over the huge amount of money being spent on the project without appropriation. This is quite worrisome. However, Nigerians must be prepared to engage the government over the outcome of the conference when the time comes to ensure that no one takes the country for a ride over and over again. If it will entail peaceful demonstration to force either the National Assembly or the Executive to adopt the resolutions of the Conference without editing, Nigerians must brace up for that in advance. 

In conclusion, some schools of thought strongly believe that the problem of Nigeria is not so much on its statute books, but on inept leadership. While reluctantly conceding to the need for a conference, they argue that Nigeria does not need a conference to know that there is a need to improve our education system, build good roads, provide electricity, revive the railways, construct the second Niger bridge, generate employment opportunities for its teeming youth, improve healthcare facilities, fix or build more refineries, provide shelter for its citizens etc for were these things in place, no one would be talking about a National conference that is billed to gulp over N7billion that would have been used to solve one problem or the other. The conference has come to be. It may be our last chance to right all the wrongs of the past. Let it not be another round of jamboree exercise like its predecessors.