The Canary!: November 2013

MEMORANDUM

TO THE

PRESIDENTIAL CONSTITUTION CONFERENCE ADVISORY COMMITTEE

PREPARED AND SUBMITTED

THE YORUBA NATIONAL ASSEMBLY

Friday, ^1stNovember 2013

PREAMBLE:

WHEREAS the Nigerian nation-state continues to stand on a very faulty and weak constitutional foundation which invariably undergirds its anomic and dysfunctional social institutions, cultures and personality types that are systematically failing to deliver on the promise of the dividends of democracy, nation-building, growth and development; but continues to lurch from one crisis to another;

AND WHEREAS this very faulty and weak constitutional foundation of the country continues, since the advent of external and internal colonialism, to exist because it has never clearly derived its source of authority directly from the people acting in a constituent assembly (or national sovereign conference) and asking adult citizens to consent (or not) on the conference outcomes in a referendum;

AND WHEREAS a legitimate constitution is not only the foundation of the state, with roots anchored in the people, it is also a medium for the people in a Convention, (as in the case of the American people at the Philadelphia Convention in 1787), a Constituent Assembly or a Sovereign National Conference, to define and affirm their aspirations to become a nation, to define and affirm the purposes, aims and objectives of the nation-state they, by the constitution, are creating, and the direction they desire it (the nation-state) to go which is not a mere matter of formal or verbal formulation by a legal draftsman but rather an authentic embodiment of the true feelings and sentiments of the people, commanding wide acceptance by the generality of them;

AND WHEREAS mimicking the assertion in the preamble to the Constitutions of the United States and other countries, where the constitution is in fact made by the people, the preamble to the 1979 and 1999 Nigerian Constitutions declares in a palpable lie: “We the People of the Federal Republic of Nigeria…do hereby make, enact and give to ourselves the following Constitution” - which is an expensive and intolerable lie and a grievous insult to invoke the name and authority of the people in a Federal Military Government Decreed document in the making of which they had no hand at all;

AND WHEREAS the peoples of Nigeria are being governed in accordance with the unremedied lie and its ruinous overpowering concentration of powers, functions and resources in a central government that promotes policies of fragmentation, marginalization and alienation of large majority of the Nigerian stakeholders as critical provisions of the Military Decreed Constitution of the Federal Republic of Nigeria, 1999 continue to make nonsense of the principles (a) of inclusion and participation of Nigeria’s principal stakeholders; (b) of federalism or unity-in-diversity (or diversity-in-unity); (c) of secularism (or separation of State and Religion); and (c) of republicanism and monarchy;

AND WHEREAS following elections to the Office of President, Vice President and to the Senate and House of Representatives for the Federation and to the Offices of Governor, Deputy Governor and House of Assembly for each of the current 36 States comprising the Nigerian Federation, there developed a general clamour by ethnic groups, civil society groups and individuals comprised in this Nation-state for convening a Conference of the Nationalities and the establishment of an Independent National Constitution Conference with full powers of laws that will enable the ethnic Nationality groups comprised in this Nigeria country have the golden opportunity to exercise their inherent right to determine democratically for themselves the new Federal and Regional Constitutions by which they wish to be governed in one united Nigeria as their supreme laws of the land binding on all organs of government and on all authorities and individuals in the Nigerian federation;

AND WHEREAS the President of the current Federal Republic of Nigeria considers it necessary and expedient for the peace, order and good government of Nigeria to make provisions through the Presidential Advisory Committee to facilitate the processes and procedures for the convening of the aforesaid Conference;

NOW, THEREFORE, having resolved to welcome the institution of a Presidential Advisory Committee on a national conference/dialogue, as a first step towards determining basic questions that shall guide the next phase of an Independent Nigerian Nationalities Constitutional Conference in the current Nigerian federation, WE OF THE YORUBA NATIONAL ASSEMBLY, acting for and on behalf of the Yoruba Nation, are of the strong opinion that time and resources should be spent on creating proper procedure to make a valid and legitimate Constitution because it is the procedure of making a Constitution that legitimizes it, not the content, instead of always working to amend all extant illegitimate and disputed Nigerian Constitutions that have undergirded the Nigerian anomie and dysfunctional society; and hereby respectfully submit hereunder our views and positions in the following desideratum or unassailable factors as our ‘Memorandum’ on each of the terms of reference given to your Advisory Committee by President Goodluck Ebele Jonathan as follows:

1. TO CONSULT EXPEDITIOUSLY WITH ALL RELEVANT STAKEHOLDERS WITH A VIEW TO DRAWING UP A FEASIBLE AGENDA FOR THE PROPOSED NATIONAL CONSTITUTIONAL CONFERENCE.

We make bold to reiterate that it is self-evident that, in a democracy, it is NOT government that gives a nation-state a Constitution rather it is a Constitution that gives a nation-state a government so much so that a valid Constitution is NEVER enacted into Law but usually endorsed, through a binding referendum or a set of referenda, as the organic will of a people as recommended by their independent constitutional conference representatives.

We, therefore, recognize and insist on the fact that the primary landlords who are therefore the ONLY sovereign principal stakeholders of the Nigeria nation-state and to whom all other authorities in governance are subordinate agents are the mono- and multi-linguistic nationalities: who must be consulted and assisted by the Presidential advisory Committee on national conference/dialogue to meet to discuss the reasons of what are the agenda and methodology for constituting their Union so as to ensure that each and every one of them shall develop and determine the appropriate agenda for the Union deliberations and method of nominating and selecting and appointing its own national linguistic delegates in such manner(s) as to prevent unnecessary and unwholesome interventions of parochial and partisan rivalries and ‘foreign’ beneficial interests.

Hence, we humbly suggest the adoption of the year 2006 proposal by the PRO-NATIONAL CONFERENCE ORGANIZATIONS (PRONACO) of twelve (12) mono-ethnic and six (6) multi-ethnic Nationality categories – making a grand total of eighteen (18) Nationality Regions (See Schedule one under Appendix One below on pages 19 - 24); OR, in the alternative, six (6) Administrative Zones OR their Constituent thirty-six (36) States (See Schedule two under Appendix One below on pages 25 - 66) - as the ones that best represent all the relevant principal stakeholders in the Nigerian project whose views must drive the contents of discussions and decisions/agreements on their agreed Conference Agenda.

With regards to the subjects or contents for the conference AGENDA, which must be recommended to the first Plenary Session of the Conference for deliberation and adoption, we accept the views of the National Consensus Group (a civil society organisation) that “the Constituent Assemblies formed to make past Constitutions can guide us. But we can even accelerate the process because there is no magic in terms of the contents of a people’s Constitution for the Nigerian federation that cannot be derived from previous Constitutions. Despite the intense arguments on the contents of the Constitution, Constitution is validated by the procedure of making it not the content. Thus a Constitution that is made through the right process, though appearing unreasonable in content, is a valid Constitution nonetheless because a people, in making their Constitution, can decide how they want to be governed for good or for bad”. We, therefore, offer the suggestions exhibited under Appendix Two (on pages 27 - 41) of this Memorandum which, judging by the tortured and turbulent corruption-laden ‘presidential’ form of political history of Nigeria, are necessary and sufficient bases for providing adequate ‘parliamentary’ form of answers to the enduring Nigerian national question of how the peoples of our multi-ethnic country can begin, for the first time since the loss of independence and the advent of pervasive external and internal colonialism, live in unity, peace and progress.

2. TO MAKE RECOMMENDATIONS TO GOVERNMENT ON STRUCTURE AND MODALITIES FOR THE PROPOSED CONFERENCE

(i)With respect to the structure of the conference, we advise as follows:

(a) The conference shall be structured on the basis of equal representation of members from each of the Mono- and Multi-linguistic nationality Regions/Zones/States indicated earlier under your first term of reference.

(b) Each Mono- and Multi-linguistic nationality Region/Zone/State shall make its representation inclusive; taking account of mostly inherited vital characteristics of sex, age, relevant knowledge, indignity and sub-ethnic diversity within the nationality Region/Zone/States.

(c) Each Mono- and Multi-linguistic nationality Region/Zone/State representation must be allowed to bring its own group of advisers (that may indeed include professionals, trade unions, students unions, market women etc) who shall have no voice and vote at the Conference but shall be allowed to attend the Conference for the purpose of collecting data on the basis of which to advise their representatives on points raised at the Conference, etc.

(d) Each Mono- and Multi-linguistic nationality Region/Zone/State must bring an Agenda which shall indicate, inter alia, the system of government it wishes to establish, including the territorial structure of the Region/Zone/State, the structure of powers and relationships, financial relations, as well as issues of justice to ensure, among other things, that the critical resources and high offices in the Federal and Regional/Zonal/State Governments are not monopolized by “a few ethnic or other sectional groups” - stating especially in their lists of preferred Exclusive (only federal), Concurrent (Federal and Regional), and Residual (only Regional) powers, functions, and resources

(e) Nomination and selection to the National Constitution Conference shall be on non-partisan basis; meaning those known political parties and other sectarian groups shall not take part in the nomination and selection of Conference Delegates.

(ii) In terms of modalities or the procedural rules, groundnorms for deliberations, conference bulletins and other modalities determined by the Conference Commission are, again, expected to be presented and recommended to the first Plenary Session of the Conference for discussion and adoption at the conference opening session on Day One. In particular, we submit as follows:

(a) The proceedings of the National Constitution Conference shall be conducted in accordance with the Standing Orders of the House of Representatives with such modifications (including the requirement that all the delegates from each Region shall vote in a block of one or, in other words, that each Region’s/Zonal’s/State’s votes on any and all issues shall always count as one) as may be approved by at least two-third majority of the Regions’s/Zonal’s/State’s Conference Delegates and, subject to such modifications, the Standing Orders shall be deemed to be the Standing Orders of the National Constitution Conference.

(b) Attendance at the National Constitution Conference by delegates from the Federating Units shall be mandatory; however, the quorum for the purpose of transacting any business other than adjournment shall not be less than two-thirds of the entire membership. Provided that no proceedings of the National Constitution Conference shall be rendered invalid under this section unless objection is raised by a member present, other than the person presiding, that there are fewer members present than the prescribed quorum. In case of any boycott of the National Constitution Conference by a section or part thereof of the Nigeria country before or during the pendency of the Conference, quorum shall be constituted by two-thirds of the members then present and diligently participating in the Conference; and any or those boycotting the Conference shall be regarded as having exercised its or their Nationality or peoples’ right to self-determination, including opting to secede from or cease to be a part of the Nigerian federation.

(c) Conference decisions on federal powers, functions, and resources allocation formula shall be by consensus, and the person presiding at a meeting of the National Constitution Conference shall use his best endeavour to see that decisions are made by consensus among those present and forming a quorum at the meeting. Upon failure to arrive at a consensus, any region or group of them that is involved in such disagreement shall have the freedom to exercise its or their Nationality or peoples’ right to self-determination, including opting to secede from or cease to be a part of the Nigerian federation. The democratic principle behind this suggested Conference decision-making modality is, regardless of size, the equality and autonomy of the Regions/Zones/States and the right of each of them to be protected from any form of imposition and domination by other Regions/Zones/States in a matter of Fundamental Rights of the Federating Units and their citizens.

3. TO MAKE RECOMMENDATIONS TO GOVERNMENT ON HOW REPRESENTATION OF VARIOUS INTEEREST GROUPS AT THE CONFERENCE WILL BE DETERMINED

In relation to representation at the National Constitutional Conference, we advise as follows:

(i) By way of emphasis and as indicated earlier, nomination and Selection to the National Constitutional Conference shall be on non-partisan basis, meaning that known political parties and other sectarian groups shall not take part in the nomination and selection of Conference Delegates.

(ii) Delegates to the National Constitution Conference shall be drawn through nomination and selection from either each of the 18 Mono- and Multi- nationality Regions on the basis of 20 delegates from each of them (making a total of 360); OR, in the alternative, from each of the 6 Administrative Zones on the basis of 54 delegates from each of them (making a total of 324); OR, still, from each of the 3 senatorial districts in each of the 36 States of the federation on the basis of 3 delegate per district (making a total of 324) nominated and selected from identifiable linguistic nationalities indigenous to the Region/Zone/State, regardless of delegates’ other acquired professional and/or social identities.

(iii) A person shall be eligible for nomination and selection as a delegate to the National Constitution Conference if he or she is a citizen of Nigeria and is not less than 18 years of age.

(iv) Any vacancy occurring among the delegates to the National Constitution Conference shall be filled by a replacement from the Region concerned.

(v) The following persons shall not be eligible for nomination and selection as delegates to the National Constitution Conference if:

(1) He is of unsound mind; OR

(2) He is bankrupt or makes a composition with his creditors; OR

(3) He is convicted of a felony, or any offence involving dishonesty; OR

(4) He is found guilty of serious misconduct in relation to his/her public duties; OR

(5) He is a member of the Armed Forces or the Nigerian Police Service, or a member of the public service of the federation or of a state/local government unless he/she has resigned his/her office not less than 30 days before his/her nomination and selection.

4. TO ADVISE ON A TIMEFRAME FOR THE CONFERENCE

On timeline, we advise as follows:

(i) The conference shall complete its assignment within nine months from the date of its inauguration by the President of the Nigeria Federation.

(ii) The Conference shall ensure, through its provisions, that a new constitution ratified ONLY on a Regional referenda shall be gazetted and come into full force and effect by October 1, 2014 to, among other worthy considerations, allow for the timely conduct of the 2015 General Elections on the basis of its overall provisions. We give primacy and preference to the separate nationality Regional/Zonal/State Referendum because, to all intents and purposes, the Nigeria country does not, at any time, have any reliable and valid census data to guarantee an acceptable one-country-wide Referendum for all the Nationalities. As stated earlier, every effort must be made to protect every Nationality against domination and oppression by the apparent numerical weight of other(s) in extant population of registered voters. In this regard, if there is a “NO” vote from a Region, such shall be taken as a necessary and sufficient indication of its declared intention to achieve autonomy or independence for its or their citizens.

Most importantly, we would like to advise that, within their respective jurisdictions, both the Federal and State governments should be prepared to enact appropriate laws to prorogue, if necessitated by time constraints, both their executive and legislative arms of government so as to enable all the existing three tiers of government continue in office and more or less function as TRANSITIONAL/INTERIM FEDERAL/STATE GOVERNMENTS, by holding and performing their respective Legislative and Executive duties under the existing 1999 military decreed Constitution (as amended) until both the new Federal and Regional/State/Zonal democratic Constitutions are adopted and their stipulated or mandated elections are held; and the legitimate results of those elections shall be the only bases upon which all the new and legitimate respective governments shall be constituted in accordance with the dictates of these new Federal and Regional Constitutions.

NOTE: In general, therefore, we in The Yoruba National Assembly strongly hold the pragmatic view that if we need some more time to actualize each and every stage of our proposals in order to get the constitution-making processes through to success, it is infinitely safer and better for all principal parties and other stakeholders to work out the modalities for such an extension of time. It is better late than never to reinvent and truly federalize our constitutional arrangements to properly and adequately enable present and future generations cater for their own welfare, stability, unity, growth and development.

5. TO MAKE RECOMMENDATIONS ON LEGAL FRAMEWORK FOR THE CONFERENCE

On legal framework for the conference, we advise as follows:

(i) That there shall be TWO Bills from the Government to do the following:

(a) The First Bill to deal with the enactment of an Act to make provision for the establishment of an Independent Constitution Conference Commission (otherwise referred to and known as “The Constitution Conference Commission”) with full powers of laws to drive the democratic processes of the production of the Nigeria Federal and Regional Constitutions and restructure them for connected purposes. It is quite instructive to note that your current Presidential Constitution Advisory Committee is not a different type of ‘animal’ from this Independent Constitution Conference Commission except only in regard to the fact that your Committee has not yet been promulgated into Law that may give it more powers, functions and resources!

This task should be calendarized to take not more than one month – since the country can still boast of independent men and women of undoubted knowledge and high moral integrity in every ethnic Region/Zone/State of the country who can be trusted by the current Federal and State Governments as their legal inheritors of their assumed legislative sovereignty by unreservedly delegating to them, through appropriate amendments of relevant Sections of the current 1999 Federal Constitution (as amended) - especially Sections Eight and Nine - their very onerous and sensitive responsibilities as currently enshrined under those two Sections. In view of the making of a law by the National Assembly to enable the peoples of Nigeria to, for the first time ever, give to themselves a Constitution, the importance of the National Assembly has at any rate been highlighted and taken care of in the constitutional process through their taking charge of this enabling law governing the constitution-making processes.

Since the Legislature can legitimately make law, then it means it can legally make law [such as a pragmatic law amending Sections 8 and 9 of the 1999 constitution] to enable the people give to themselves a valid constitution. The Legislature can determine the content of such law (within its right to make law), the perimeters and terms of such law. The Legislature can call for a public hearing to fashion out such law as a vital beginning of legitimate, valid and lawful Constitution making process. (See Appendix Three on pages 42 - 60 below).

NOTE: By and through this first Constitution enabling Bill, the debates bedeviling the futile disputes as to who has the custodial or sovereign power and authority to frame or make the original Nigerian Constitution and later amend the extant Constitutions would have been tactically navigated and diplomatically avoided and put to final and lasting rest in every stakeholders’ beneficial interests. As a ‘win-win’ device, it is virtually the legislative equivalent of the now prudent and familiar “doctrine of necessity” ably invoked by the 6^thFederal Legislative Assembly to resolve contentious grey areas of the 1999 Constitution (as amended) concerning modes of succession during the unfortunate and untimely death of President Musa Yar’Adua in the Year 2011.

Due to the technical legal nature of this Bill and for ease of reference, we have decided to provide your Presidential Constitution Advisory Committee with a template of topics as authentic samples that the Bill must cover as indicated hereunder (page 51) as Appendix Three.

(b)The Second Bill to deal with the enactment of an Act to make provision for convening an Independent Nationalities Constitutional Conference (otherwise referred to and known as “The National Conference”) of the people of Nigeria with full powers of territoriality and for purposes of discussing and deciding any and all issues and matters affecting them and preparing a constitution and matters ancillary thereto for consideration and adoption by the peoples of Nigeria at each Regional/Zonal/State referendum.

This task should be calendarized to take not more than one month.

Due to the technical legal nature of this Bill and for ease of reference, we have also decided to provide your Presidential Advisory Committee with a template of topics as authentic samples that the Bill must cover as indicated hereunder (pages 60 - 70) as Appendix Four.

6. TO MAKE RECOMMENDATIONS FOR LEGAL PROCEDURES AND OPTIONS FOR INTEGRATING DECISIONS AND OUTCOMES OF THE NATIONAL CONFERENCE INTO THE CONSTITUTION

With respect to legal procedures for integrating decisions and outcomes of the National Conference into the constitution, we advise as follows:

(i) A referendum shall be held at each Regional/Zonal/State level to determine the wishes of eligible Nigerian registered voters in a “YES” or “NO” vote on the draft Federal and Regional/Zonal/State constitutions put before the citizens by the National Conference Commission and Independent National Electoral Commission acting on behalf of the National Conference.

(ii) Approval or disapproval of the Draft Constitutions by each Regional/Zonal/State level shall be determined by a simple majority of “YES” or “NO” votes. A majority of “YES” or “NO” votes for the purpose of the referenda shall mean a simple majority of votes cast at the Regional/Zonal/State level with not less than two-third of votes of total eligible voters and voting in each Region or Zone or State – whichever “federating unit” is ultimately adopted by the National Conference Delegates.

7. ADVISE THE GOVERNMENT ON ANY OTHER MATTERS THAT MAY BE RELATED OR INCIDENTAL TO THE CONFERENCE

Through Public Enlightenment, we strongly advise that all stakeholders in the Nigerian federation, including especially the Federal and State Governments as well as civil society groups, shall embark on systematic mass public education and mobilization of citizens to promote the laudable goals and objectives of the National Conference as follows:

(i)The public education programme should involve use of public and private media structures, from newspapers to radio/ television and the social media. This should explain the importance of enhancing Nigeria’s unity through frank discussions on how to create a federal constitution that citizens of all linguistic nationalities can own and feel comfortable with, as distinct from the current constitution that has been a source of tension among nationalities since it was decreed into existence by military rulers in 1999. Mass public education is crucial to stem any misunderstanding or distortion of the vision and thinking behind doing what several countries across continents do regularly: re-creating and re-focusing their countries for better governance and a more peaceful environment for faster and sustainable growth and development.

(ii)The public mobilization programme should involve the appointment and use of appropriate numbers of Regional/Zonal/State facilitators in each and every one of the 774 local governments to, again, explain the importance of enhancing Nigeria’s unity through frank discussions on how to create a federal constitution that citizens of all linguistic nationalities can own and feel comfortable with, as distinct from the current constitution that has been a source of tension among nationalities since it was decreed into existence by military rulers in 1999. Mass public mobilization is crucial to stem any misunderstanding or distortion of the vision and thinking behind doing what several countries across continents do regularly: re-creating and re-focusing their countries for better governance and a more peaceful environment for faster and sustainable growth and development.

Finally and for the avoidance of doubt, the Yoruba National Assembly would like to use this golden opportunity to reiterate the long-standing position of the Yoruba people that the different and differing nationalities in the Nigerian nations-state must collectively grab this rare chance to really design a “devolved” process and product of constitution-making by making the Nationalities the focal points of organization such that those currently at the helm of our country’s political affairs will be seen and trusted as implementing the avowed wishes of the people.

We strongly support the Movement for National Reformation warning “against the danger of turning the urgent and the all important need for an authentic national conference into a make-shift ‘political summit’ designed to satisfy the short-time needs for the 2015 presidential elections. The country must not forget to remember that substitute summits in the past became failed missions. An authentic national conference should be a conference of the nationalities of Nigeria with advisory inputs by national interest groups”.

Also like the National Consensus Group, “we note, however, that we cannot run away from the agitations of our people on the imperfect state of the Nigerian nation- state. Moreover, we note that the legitimacy, authenticity and internal value of the present 1999 Constitution (as amended) is not without some inherent problems about its source and contents. If the present government can make a Constitution free from the challenge of legitimacy for Nigeria, the President will be making the greatest contribution to the science of government. In the hallowed interests of the citizens of Nigeria, it is not hard to do so; what it needs is the will for it”.

Prayerfully, may the Supreme Being guide and guard each and every one of you in this critically important assigned duty to provide, once and for all time(?), a Road-Map to a resounding success of the Nigeria Federation of our dream.

APPENDIX ONE:

Schedule One: Proposed 18 Territorial Regions of the Federation of Nigeria and Constituent Nationalities of the Regions and Map.

PROPOSED BY PRO-NATIONAL CONFERENCE ORGANIZATIONS (PRONACO):

“Ethnographically speaking, there are twelve (12) Mono-Nationality Regions (with varying sub-nationalities) and six (6) Multi-Nationality Regions (also with varying sub-nationalities) in Nigeria; and each Region shall have, for a true federal system to exist, its own internal federal constitution. Therefore, the Federal Union of Nigeria (FUN) shall be a Federation of Constituent Nationality Constitutions, which, we strongly suggest, shall be grouped as follows: -

1.1.1.1.1.1 A. MONO-NATIONALITY REGIONS

1. Edo Federating Region

2. Fullah (otherwise known as ‘Fulani’) Federating Region

3. Gbagyi (otherwise known as ‘Gwari’) Federating Region

4. Hausa Federating Region

5. Ibibio Federating Region

6. Igbo Federating Region [including Delta Igbo-speaking ethnic Nationality as well as those in Abia, Anambra, Ebonyi, Enugu and Imo States]

7. Ijaw Federating Region

8. Kanuri Federating Region

9. Nupe Federating Region

10. Tiv Federating Region

11. Urhobo Federating Region

12. Yoruba Federating Region [comprising those in Delta (i.e. Itsekiri), (in Edo), Ekiti, (in Kogi), (in Kwara), Lagos, (in Niger), Ogun, Ondo, Osun and Oyo States]; and

B. MULTI-NATIONALITY REGIONS

13. Akwa Ibom and Cross River Federating Region [excluding Ibibio nationality but comprising mainly the Minority Ethnic Nationalities in Cross River and Akwa Ibom States, i.e. Annang, Bakwarta, Boki, Efik, Ejagbam, Eket, Ibeno, Korop, Oron, Yakurr, Yala];

14. Bayelsa and Rivers Federating Region [comprising the Minority Ethnic Nationalities in Bayelsa and Rivers States, i.e. Andoni, Ekipeye, Eleme, Engeni, Etchei, Ikwerre, Ogba, Ndoni, Ogoni];

15. Central Middle Belt Federating Region [comprising the Minority Ethnic Nationalities in Central Middle Belt], that is to say:-

(a) The Ebira Group, which includes Bassa-Nge, Ebira, Ebira-Mozun, Ebira- Panda, Ebira-Ugu, Etuno-Igarra, Uku;

(b) The Igala Group in Upper Benue which includes Alago, Arum, Bassa-Komu, Eggon, Gwandara, Kakanda, Mada, Mighili, Ninzom, etc.; and

Etc.;

16. Delta Federating Region [comprising the Minority Ethnic Nationalities in Delta, i.e. Ika, Isoko, Ndokwa, Warri];

17. East Middle Belt Federating Region [comprising the Minority Ethnic Nationalities in East Middle Belt] that is to say: -

(a) The Plateau Group which includes Afezere, Amu, Ankwei, Berom, Geomai, Mavo-Jukun, Ngas, Pem, Tarok, Yovin, etc.;

(b) The Taraba Group which includes Abakwa, Chamba, Jukun, Kaanab, Kona, Kunni, Kuteb, Mambila, Ndoro, Yububen, etc.; and

18. West Middle Belt Federating Region [comprising the Minority Ethnic Nationalities in West Middle Belt], that is to say, Angamo, Bariba, Bola, Bussa, Funne, Kambari, Karekare, Ngizim, Zuru, etc.

The above suggestions are also virtually the same proposal contained in the First Schedule (Parts One and Two) of the Draft People’s Constitution for the Federal Republic of Nigeria submitted by The People’s National Conference in August 2006.

According to Movement for National Reformation, “The underlying principle of the suggested structure is that all the Nationalities, regardless of size, are autonomous federating units of equal value to the whole. In this spirit, the divide between the Nationalities suggested to be regions in their own right and those which are suggested should cooperate to form a Region, is to be clearly established by nothing more than pragmatism, having regard to the tasks, responsibilities and resources expected of a Region.

“A good Constitution must be designed to cope with the dynamics of human relationships. It must have in-built shock absorbers, since the aspirations of nationalities are not static. To guard against our past experience of lurching from one constitutional crisis to another, the design of the new Constitution must be flexible enough to accommodate new aspirations of Nationalities and Regions without upsetting the balance of the whole structure and prospects for stability.

“In the course of time, Nationalities starting out as parts of a Region may wish to be Regions in their own right, having become capable of so qualifying. The Constitution must allow for such development. We have, therefore, included amongst the items suggested as likely agenda for both the Federal and Regional levels of constitution-making the topic concerning the criteria for the creation or recognition of a Region” – such that the appropriate and acceptable federating units are those whose indigenes and settlers are culturally homogeneous; geographically contiguous; humanly and materially resourceful; and are ready and willing to demonstrate -- through an INEC conducted referendum or plebiscite if, in each case, necessitated by border area ethno-centric demands, of simple majority of the agitators -- their willingness to cohabit.

PRONACO ETHNIC REGIONAL MAP OF NIGERIA

NIGERIA’S NATIONALITY LINGUISTIC MAP

Schedule 2: THE SIX ZONES AND CONSTITUENT 36 STATES OF NIGERIA

ZONE	HEADQUARTERS	CONSTITUENT STATES
(a) NORTHCENTRAL	Jos	1. Kwara 2. Kogi 3. Plateau 4. Nasarawa 5. Benue 6. Niger
(b) NORTH EAST	Maiduguri	1. Borno 2. Yobe 3. Bauchi 4. Gombe 5. Taraba 6. Adamawa
(c) NORTH WEST	Kaduna	1. Sokoto 2. Zamfara 3. Kebbi 4. Kaduna 5. Katsina 6. Kano 7. Jigawa
(d) SOUTH EAST	Enugu	1. Anambra 2. Enugu 3. Ebonyi 4. Imo 5. Abia
(e) SOUTHSOUTH	Port-Harcourt	1. Edo 2. Delta 3. Rivers 4. Bayelsa 5. Cross River 6. Akwa Ibom
(f) SOUTH WEST	Ibadan	1. Lagos 2. Ogun 3. Oyo 4. Osun 5. Ondo 6. Ekiti

MAP OF 36 STATES OF NIGERIA 2013

APPENDIX TWO

PROPOSED

AGENDA

FOR THE INDEPENDENT NATIONALITIES CONSTITUTIONAL CONFERENCE

FOR THE NIGERIAN FEDERATION

2013 - 2014

ARRANGEMENT OF SECTIONS

SECTION 1. THE PREAMBLE

SECTION 2: THE FEDERATION AND ITS TERRITORIES

1. Supremacy of the Constitution

2. Nomenclature of the Nation-state

3. The Flag and Emblem of the Nation-state

4. The National Anthem

5. The Nigerian Territorial Federal jurisdiction

6. Regions/Zones/States of the Federation (1st Schedule)

7. Tiers/Levels of Government/Authourity

8. Provisions relating to Regional/Zonal/State Constitutions

9. Federal and Regional/Zonal/State Jurisdictions

10. Sovereignty of the People and the Fundamental Objectives and Directive Principles of State Policy

11.Equal and/or Proportional Rights between the Federating Regions/Zonal/State

12. Criteria for the creation and/or recognition of a new Region/Zonal/State

13. The right of Regional/Zonal/State secession and how.

SECTION 3: CITIZENSHIP

14. Citizenship by Birth

15. Citizenship by Registration

16. Citizenship by Naturalization

17. Dual/Multiple Citizenship

18. Renunciation of Citizenship

19. Deprivation of Citizenship

20. Person Deemed to be Nigerian Citizens

21. Power to make Regulations

22. Indigenship and Settlership

SECTION 4: FUNDAMENTAL HUMAN AND BASIC DEMOCRATIC RIGHTS

23. Right to Life

24. Right to Dignity of the Person and against inhuman treatment

25. Right to Personal Liberty and of persons accused and arrested

26. Right to Fair Hearing and against double jeopardy

27. Right to Private and Family Life

28. Right to freedom of thought, Conscience and Religion

29. Right to Freedom of Expression and the Press

30. Right to Peaceful Assembly and Association

31. Right to Freedom of Movement

32. Right to Freedom from discrimination

33. Right to Property, Compulsory Acquisition and Compensation

34. Right of access of Citizenship to the provision of social services – such as allowances in the absence of jobs, affordable housing, education, health, water, electricity, etc

35. Right to Petition the government for redress of grievances

36. Right to Justiciability of the basic rights of the citizenry

37. Restrictions, if any, on Fundamental and Democratic Rights

38. Special Jurisdiction of high Court and Legal Aid on Fundamental and Democratic Rights

SECTION 5: FORM OF GOVERNMENT

39. Parliamentary versus Presidential form of Government

40. Republicanism versus Monarchy or Diarchy

41. Federal versus Unitary structure

42. Secular versus theocratic Democracy (separation of State and Religion)

43. Uni-camera versus Bi-camera Legislature

44. Full-time versus Part-time Parliamentarians/Legislators

SECTION 6: PARLIAMENT AS THE FEDERAL LEGISLATIVE ARM OF GOVERNMENT

45. Establishment of Parliament as House of Representatives

46. Composition of the House of Representatives

47. Qualification for members of Federal Parliament

48. Disqualification of Membership of Federal Parliament

49. Prime Minister, Deputy and Ministers as members of Parliament

50. Rights and Responsibilities of Prime Minister, Deputy and Ministers as Members of Parliament

51. Procedures for electing the Prime Minister, Deputy and other Parliamentary Officers

52. Speaker of and Presiding in the House of Representatives

53. Mode of Exercising Legislative Powers

54. Summoning, Prorogation and Dissolution of Federal Parliament

55. Powers of Parliament to make Laws

56. Special Power of Parliament in relation to the Procedure for proclamation of a state of emergency

57. Special Power of Parliament when any Section of this Constitution has been contravened

58. Powers of Parliament conferred by Regional Law

59. Restrictions with regard to certain Financial Measures

60. Independence and Power of Parliament to regulate its own Procedures

61. Determination of Questions respecting Memberships of Parliament

62. Parliamentary Secretaries

63. Clerk and Staff of Parliament

64. Rules and Orders of Procedure of the House of Representatives:

(i) The Use of English in Parliament

(ii) Voting in Parliament

(iii) Unqualified Person sitting or voting

(iv) Mode of Exercising Legislative Powers

(v) Restrictions on Representation of a failed Bill

(vi) Restriction with regards to certain Financial Measures

65. Sessions of Parliament

66. Evidence

67. Non-retroactivity of Criminal Law

68. Crimes against Humanity

SECTION 7: FEDERAL EXECUTIVE ARM OF GOVERNMENT

69. The Prime Minister and Commander-in-Chief of the Nigerian Federation

70. Exercise of Prime Minister’s Power

71. Prime Minister to be informed concerning matters of government

72. Exercise of the Executive Authority of the Federation

73. Delegation of Executive Authorities of Region (s)

74. Delegation of Executive Authority of the Federation

75. Extent of Executive Authority of Regions

76. Constitution of (Ministerial) offices for the Federation

77. Allocation of Port Folio to Ministers

78. Cabinet-level positions as Council of Ministers:

i. Minister of Education

ii. Minister of National Planning

iii. Minister of Agriculture

iv. Minister of Defense and Veterans Affairs

v. Minister of Mining and Petroleum Resources

vi. Minister of Homeland Security

vii. Minister of Foreign Affairs

viii. Minister of Health and Human Services

ix. Minister of Finance and the Treasury

x. Minister of Trade and Commerce

xi. Minister of Energy and Steel

xii. Minister of Housing and Urban Development

xiii. Minister of Labor and Employment

xiv. Minister of Transportation- Land, Sea and Air

xv. Minister of Justice

xvi. Solicitor-General of the Federation

xvii. Minister of Information and Orientation

xviii. Deputy Prime Minister

79. Accountant-General of the Federal Government

80. Collective Responsibility of Government Officers

81. Constitution of other Offices for the Federation

82. Auditor-General of the Federal Government

83. Banking regulation

84. Titles of Honour

85. Income Taxes and Estate Duty

86. Exemption from certain Regional taxes

87. Power to make grants of Money, etc., for any legitimate purposes

88. Authorities empowered to administer Trusts and Estates

89. Prerogative of Mercy

90. Establishment of Advisory Council on Prerogative of Mercy

91. Functions of Advisory Council

92. Public prosecution

93. Implementations of Treaties, etc

94. Exhibition of cinematographic films

SECTION 8: FEDERAL JUDICIAL ARM OF GOVERNMENT

95. Constitution of the Judiciary

96. Establishment of Supreme Courts

97. Independence of the Judiciary

98. Appointment of Justices, Judges and Magistrates to all the levels of Justice

Administration without breaching Regional Residual Powers

99. Tenure of Office of Judges and Justices

100. Appeals, if any, from Regional Supreme Courts

101. Determinations of Federal and Regional/Zonal/State Supreme Courts to be Final

102. Advisory of Jurisdiction of Supreme Courts

103. Establishment of a Federal Court of Appeal

104. Establishment of High Court of the Federal Capital Territory

105. Appointment of Judges of the Federal Capital Territory

106. Original Jurisdictions

107. Appellate Jurisdictions

108. Appeals as of Right

109. Appeals with Leave

110. Establishment of Further Courts and Tribunals

111. Appeals from Code of Conduct and Other Tribunals

112. Special Provisions as to Regional/Zonal/State Courts of Appeal

113. Prohibition of certain Legal Proceedings

114. Determination of Questions respecting Membership of Parliament

115. Speedy and Efficient Prosecution of Offenders/Law Breakers

116. Powers, Practice and Procedure of the Supreme Courts

117. Exercise of right of Appeal in Civil and Criminal Matters for Appeals from High Courts

118. Questions as to the Interpretation of this Constitution

SECTION 9: THE EXCLUSIVE FEDERAL LEGISLATIVE AND ADMINISTRATIVE LIST

119. Declare war

120. Create an army for Defence only against Foreign Enemies:

Part 1: Armed Forces of Nigeria

(i) Establishment and Composition of the Armed Forces of the Federation

(ii) Establishment of Armed Forces and Joint Defence

(iii) Command and operational Control/Use

(iv) Establishment of a body to ensure Compliance with Section 120(1)(i), 120(1)(ii), 120(1)(iii)

(v) Compulsory Military Service

Part 2: Other Security Services

(i) Other Security Services/Departments:

(a) National Intelligence Services

(b) Customs Service

(c) Immigration Services

(d) Central Security Services

(e) And such other Internal and External Services as may be necessary for Public Safety and Public Order within the Federation.

(ii) Composition to Comply with Section 120(2)(i), 120(2)(ii), 120(2)(iii)

(iii) Organization and Administration

Part 3: Federal Executive Bodies:

(i) The Council of State of the Federation

(ii)The Federal Character Commission

(iii)The Independent Constitution Conference Commission

(iv)The Independent National Electoral Commission

(v)The National Defence and Security Council

(vi)The National Judicial Council

(vii)The Economic and Financial Crimes Commission

(viii) The Federal Civil Service Commission

(ix)The Police Service Commission (See # 142(1)(v) below)

(x)The National Population Commission

(xi)The National Boundaries Commission

(xii)The Revenue Mobilization, Allocation and Fiscal Commission

(xiii)The National Economic Council

Part 4: General Procedure in the Defence and Security Services

(i) Appointment Tenure, Qualification and Removals of Members

(ii) Independence of certain Bodies

(iii) Quorum Powers and Procedure Interpretation

121. Print Money

122. Central Banking

123. Federal Tax

124. International relations and diplomacy

125. Make and Implement Treaties, etc.

126. Stamps and Postal Services

SECTION 10: THE CONCURRENT LIST (BELONGS TO BOTH TIERS OF GOVERNMENT):

127. Banks and Banking services

128. Titles of Honour

129. Income Tax and Estate Duty

130. Electricity and Gas

131. Power to make grants of Money, etc., for any legitimate purposes

132. Trade and Commerce

133. Authorities empowered to administer Trusts and Estates

134. Prerogative of Mercy

135. Establishment of Advisory Council on Prerogative of Mercy

136. Public prosecution

137. Income Tax and Estate Duty

138. Transportation and its Infrastructures – excluding vehicular and Drivers’ license matters

139. Health Matters

140. Education

141. Mass Media of Communications

142. Other Defence and Security Services: Ownership and Control:-

Part 1 Police

(i) Establishment of the Nigerian Police Service: Federal and Regional

(ii) Command and operational Control/Use

(iii) Establishment of Federal/Regional Police Council

(iv) Functions of the Federal/Regional Police Council

(v) Establishment of Federal/Regional Police Service Commission

(vi) Appointments to Federal/Regional Police Service

143. Prison Services

144. The Judicial Service Commission

145. The Code of Conduct Bureau

SECTION 11: REGIONAL RESIDUAL LIST (RESERVED ENTIRELY FOR THE FEDERATING GOVERNMENTS)

With due emphasis to Section 7(73) immediately above, it must be noted that all the powers not expressly delegated to the Federal Government by the Constitution, nor prohibited by it to the Regional/Federating Governments are, therefore, exclusively reserved to the Regional/Federating Governments which shall include those stipulated under Section 10 (ten) immediately above but also not necessarily limited to the followings:

146. Provide schooling and education

147. Provide safety (fire departments)

148. Give driver’s license

149. Land Matters /approve zoning and land use

SECTION 12: ELECTIONS INTO PUBLIC OFFICES.

158. All Inspectors-General and Commissioners of Police

159. Recall of Elected Officers

SECTION 13: ELECTIONS AND ELECTORAL BODIES

160. Regulation of Political Parties

161. Size of Constituencies – House of Representatives and Regional Assemblies.

162. Referendum and Plebiscite

163. General Elections

164. Other Elections at all levels of governance

165. Electoral Commissions at all the levels of Representation

166. Electoral Constituency re-districting

SECTION 14: MODE OF APPOINTMENTS INTO PUBLIC OFFICES.

167. By ‘Federal Character’ OR By ‘Quota’ OR By ‘Merit’

168. Declaration of Assets and Liabilities

SECTION 15: FINANCIAL AFFAIRS OF THE FEDERATION

Part 1: Public funds of the Federation

169. The Consolidated Revenue Fund of the Federation

170. Authorization of Expenditure from the Consolidated Revenue Fund

171. Authorization of Expenditure in Advance of Appropriation

172. Resource Derivation, Control and Revenue Allocation Percentages

173. Commission on Revenue Mobilization, Allocation and Fiscal Federalism

174. Contingencies Fund and Foreign Reserve

175. Public Debts

Part 2

176. Fiscal Arrangement

SECTION 16: GENERAL AND MISCELLANEOUS PROVISIONS

177. Language Policy: At the National and Regional/Zonal/State levels

178. Immunity versus Accountability of Elected and Appointed Public Officers.

179. Power of Commissions to Regulate their Procedures

180. Resignations from Public Office

181. Re-appointment into Public Office

182. Remuneration of Public Officers

183. Subsequent Alteration of the Constitution

184. Interpretations

185. Citation of the Constitution

SECTION 17: TRANSITIONAL PROVISIONS

186. Staff of Legislative Houses

187. Standing Orders

188. Special Provision in respect of first Election

189. System of Revenue Allocation

190. Debts

191. Existing Laws

192. Existing Institutions

193. Succession to property, rights, liabilities and Obligations

194. Appointment of Officers in Public Service

195. Appointment of Principal Representatives of Nigeria Abroad

SECTION 18: SCHEDULES

Ø First Schedule

· Regional Territories of the Nigerian Federation

· Nationalities of the Regions

Ø Second Schedule

· Territories Comprising the Regions

Ø Third Schedule

· The Exclusive Legislative List

· The Concurrent List

Ø Fourth Schedule

· Federal Executive Bodies

Ø Fifth Schedule

Ø Oaths of Allegiance to duty and the country:

· Oath of Office of the Prime Minister

· Oath of Office of the Governor of a Region or State

· Oath of Office of Deputy Prime Minister, Deputy Premier or Governor, Minister, Commissioner or Secretary or Special Adviser

· Oath of a Member of the National Parliament or Assembly or of a House of Assembly

· Judicial Oath.

NOTE: The Yoruba Assembly would like to reiterate that, for the avoidance of doubt, the above suggestions for the Agenda of the proposed National Conference are predicated on the Parliamentary Form of Government which, obviously, is clearly different and distinct from the Presidential type of Government. A supporter and advocate of the ‘presidential’ form of government would, most assuredly, offer alternative proposals. It is our conviction that the conferees shall articulate and advance the overwhelming reasons that place the advantages of the ‘parliamentary’ system of government over and above the ‘presidential’ practice in any democracy anywhere in the world. Without much exercise of intellectual rigour, we can also find ample and strong evidence and support of our position in Nigeria’s checkered political history.

APPENDIX THREE:

DRAFT OF

A BILL

FOR AN ACT TO MAKE PROVISION FOR THE ESTABLISHMENT OF AN INDEPENDENT CONSTITUTION CONFERENCE COMMISSION WITH FULL POWERS OF LAWS TO DRIVE THE DEMOCRATIC PROCESSES OF THE PRODUCTION OF THE NIGERIA STATE AND FEDERAL CONSTITUTIONS AND RESTRUCTURE THEM FOR CONNECTED PURPOSES.

Prepared and Submitted

THE YORUBA NATIONAL ASSEMBLY

ARRANGEMENT OF SECTIONS

Preamble

1. Short Title

2. Interpretation

3. Establishment of Independent Constitution Conference Commission

4. Qualification for membership of the Commission

5. Guideline for the Composition of the Commission

6. Composition of the Commission

7. Functions of the Commission

8. Oath by members

9. Secretary to the Commission

10. Allowances

11. Drafting and Publication of Draft Constitutions (Federal and Regions)

12. Holding of Plebiscite/Referendum

SCHEDULES

1. Proposed 18 Territorial Regions of the Federation of Nigeria and Constituent Nationalities of the Regions and Map.

2. The Six Zones and Constituent 36 States of Nigeria

3. Proceedings at Regional Constituent Assemblies

4. Referenda/Plebiscite Form of Questions

----------------------------------------------------------------------------------------------------

PREAMBLE:

WHEREAS the people of Nigeria are being governed in accordance with the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended)

AND WHEREAS the said Constitution came into existence as a result of a Decree 24 enacted by the then Federal Military Government

AND WHEREAS following elections to the Office of President, Vice President and to the Senate and House of Representatives for the Federation and to the Offices of Governor, Deputy Governor and House of Assembly for each of the current 36 States comprising the Federal Republic, there developed a general clamour for the establishment of an Independent Constitution Conference Commission (ICCC) with full powers of laws to promote the POLICIES and PROGRAMMES provided in this Act that will enable the ethnic groups comprised in the Nigeria country have the golden opportunity to exercise their inherent right to determine democratically for themselves the Constitutions by which they wish to be governed in one united Nigeria as the supreme law of the land binding on all organs of government and on all authorities and individuals in the Nigeria country

AND WHEREAS the National Assembly considers it necessary and expedient for the peace, order and good government of Nigeria to delegate all its powers under Sections 8 and 9 of the 1999 Constitution (as amended) to the aforesaid Commission to drive the fulfillment of the demand for the people’s constitutions and hereby make provision to establish the aforesaid Commission

NOW, THEREFORE, THE NATIONAL ASSEMBLY HEREBY ENACTS AS FOLLOWS:

1. Short Title:

This Act may be cited as the INDEPENDENT CONSTITUTION CONFERENCE COMMISSION (ICCC) Act and shall come into full force and effect on the date of its publication in the Official Gazette.

2. Interpretation:

In this Act, except where the context otherwise requires:

“Independent Constitution Conference Commission” means the body of persons established in accordance with the provisions of this Act.

“President” Means President for the time being of the Federal Republic of Nigeria.

“Public service of the Federation” or “public service of a State” has the meaning assigned to those expressions in the Constitution of the Federal Republic of Nigeria, 1999 (as Amended).

“Region” or “Regions” refer to the territory or territories described as such in Schedules 1 of this Act.

“Zone” and cognate expressions refer to any of the six geo-political groups of States (viz: - North Central, North East, North West, South East, South-South and South West) mentioned in Section 6 of this Act.

"INEC" refers to the body of persons established by Federal Law to conduct Federal and some State elections

"BOUNDARY" and cognate expressions refer to the International, State and Local Government geo-political categories of the Nigeria nation-state.

3. Establishment of Commission:

(1) There shall be for the purposes of this Act, the Independent Constitution Conference Commission that shall, subject to this Act, have full powers to deliberate upon the processes and procedures for the convocation of the Independent Nigerian Nationalities Constitutional Conferences as Constituent Assemblies for purposes of providing new Constitutions for both the Federating Territories and the Federal Republic of Nigeria as well as other matters relating to the unity, welfare and good government of the country.

(2) The Independent Constitution Conference Commission shall be convened by the President within 30 days after this Act comes into full force and effect.

4. Qualification for membership of the Commission

(1) Subject to subsection (2) of this section, a person shall be qualified for nomination and selection as a member of the Independent Constitution Conference Commission if he is of sound and relevant knowledge and is a citizen of Nigeria and is not less than eighteen years old.

(2) A person shall not be qualified for membership of the Independent Constitution Conference Commission if-

(a) He or is of unsound mind; or

(b) He is bankrupt or makes a composition with his creditors; or

(c) He is convicted of a felony or any offence involving dishonesty; or

(d) He is found guilty of serious misconduct in relation to his public duties; or

(e) Nigeria Police Force or a member of the public service of the Federation or of a State within the meaning of the Constitution, or a member of the staff of any Local Government, unless he has resigned his office not less than sixty days before his election.

5. Guideline for the Composition of the Commission

(1) A person shall not be qualified to be a member of the Commission if he is currently employed in the public service of the Federation or in the public service of a State

(2) In the choice of a Commissioners special attention shall be taken to ensure that as far as practicable, ethnic groups or nationalities indigenous to the Zone and shades of political opinion in the area for which he is a member are fairly represented and further that the Commissioners include persons who by reason of their academic background, experience in or knowledge of the affairs of the country or membership of important interest groups can contribute meaningfully to the deliberations at the Commission.

(3) A person shall not be chosen as a member of the Commission or if appointed shall cease to be a member if any of the events mentioned in subsection (2) of section 4 of this Act (which would disqualify him as Chairman or member) occurs in relation to him.

(4) Any vacancy occurring among members of the Commission shall be filled by another person who is equally qualified from the same Zone in accordance with the provisions of this Act.

6. Composition of the Commission

(1) For the purposes of this Act, there shall be six Zones in Nigeria, that is to say, North Central, North East, North West, South East, South-South and South West which shall each nominate, select and appoint by consensus two persons per each of its component States listed in the schedule annexed hereto as their accredited representatives at the Constitution Conference Commission.

7. Functions of the Commission:

BY ORDER OF STRICT SEQUENCE:

(i) (a)To arrange and supervise, through the National Boundaries Commission, the delineation of all the variously agreed Boundaries of the Nigerian Federating Regions [as per, perhaps, PRONACO’s proposals on Regional grouping and Map vide Schedule 1 under Appendix 1 below] whose indigenes are culturally homogeneous, geographically contiguous, humanly and materially resourceful and are ready to demonstrate, through referenda/plebiscites, their willingness to cohabit; and only thereafter, also:

(b)To arrange and conduct a referendum/plebiscite for each delineated Federating Region through which indigenous voters can demonstrate, by at least 75% of votes cast at the referendum, of their acceptance or rejection of their regional grouping from the present thirty-six (36) States comprising the “Federal Republic of Nigeria”;

(c) To arrange and conduct the convocation of Nigeria emergent Regional Constitutional Constituent Assemblies to re-order and restructure their respective components of Nigeria into democratic FEDERAL SYSTEMS and produce relevant Drafts of their agreed Regional/Zonal Constitutions or Agenda to the Commission who shall immediately arrange and conduct a referendum for each of the Federating Regions in and through which their indigenous voters can demonstrate, by at least 75% of votes cast at the referendum, of their acceptance or rejection of their Regional/Zonal Constitutions;

(d) To collate, audit and harmonize the emergent different Regional Draft Constitutions or Agenda and thereby propose a BILL to the current National Assembly for an Act to make provision for convening the INDEPENDENT NIGERIAN NATIONALITIES CONSTITUTIONAL CONFERENCE" (INNCC) with full powers of territorial ownerships of their Regional lands in Nigeria for the sole purpose of the Nigerian peoples deliberating and deciding at a Federal Constitutional Constituent Assembly any and all contentious issues and matters arising solely from the collated, audited and harmonized Regional Draft Constitutions;

(e) Following from the outcomes of the "THE INDEPENDENT NIGERIAN NATIONALITIES CONSTITUTIONAL CONFERENCE, to prepare a Draft Federal Constitution thereby for consideration and adoption or rejection by the electorates of each Nationality Region of Nigeria at a referendum to be conducted on the same date and time country-wide; and

(f) Finally and through the BILL and eventual ACT establishing "THE INDPENDENT NIGERIAN NATIONALILITIES CONSTITUTIONAL CONFERENCE", the Commission shall again arrange and conduct separate but same-day referendum for each of the Federating Region that already RATIFIED the Federal Draft Constitution to enable their eligible voters to also re-RATIFY their own (now likely to be amended) respective Regional DRAFT Constitution or Agenda.

(ii) Subject to the provisions of this Act, the Independent Constitution Conference Commission shall have full powers for organizing and conducting the various plebiscites and referenda at all levels as well as the elections of persons who are to serve as delegates to either the Federal or Regional Constituent Assemblies. For these purposes, the Commission shall have powers to employ the existing machinery of the Independent National Electoral Commission for the said plebiscites and referenda elections.

8. Oath by members:

Every member of the Independent Nigerian Nationalities Constitutional Commission shall, before taking his seat in the Commission, take and subscribe before the Commission, the oath of allegiance which for the purposes of this section may be modified in such manner as may be approved by the Chief Justice of Nigeria so however that any member may instead of the oath make the appropriate affirmation as provided by law.

9. Secretary to the Commission:

(1) There shall be a Secretary to the Commission who shall be appointed by the President and who shall not be a member of the Public Service of the Federation or of a State and who shall be paid such remuneration and allowances as may be determined by the Revenue Mobilization, Allocation and Fiscal Commission (RMAFC).

(2)There shall also be appointed such number of supporting staff as may be required to assist the Secretary in the performance of his duties.

10. Allowances:

There shall be paid to the Chairman, Deputy Chairman and Members of the Conference Commission such allowances as the Revenue Mobilization and Fiscal Commission may approve.

11. Drafting and Publication of the Draft Constitutions:

(1) The Chairman and Secretary of the Commission shall, in conjunction with the Chairman and Secretary of the National Conference, certify the Draft Constitution as passed by the National Conference and lodge authenticated copies thereof with the President of the Federal Republic of Nigeria, the President of the Senate and the Speaker of the House of Representatives who shall cause it to be laid before the appropriate House.

(2) The Government Printer shall print or cause to be printed sufficient copies of the Draft Constitution for sale at cost to any member of the public who wishes to purchase the same.

12. Holding of Plebiscite and Referenda:

(1)Acting through and with the Independent Constitutional Conference Commission, the Independent National Electoral Commission shall be responsible for organizing and conducting the referendum and for giving the widest possible publicity to the method for voting YES or NO.

(2)The persons entitled to vote in the referendum shall be those whose names are on the Register of Voters for purposes of election of members of the National Assembly.

(3)The ballot shall be open and the Independent National Electoral Commission shall make regulations for the purpose of ensuring the proper conduct thereof and that no person votes more than once.

(4)The regulations made pursuant to the provisions of this Section may impose penalties for contravention.

(7) (5)All regulations made as aforementioned shall be laid on the Table of the National Assembly and published in the Federal Gazette.

Schedule One: Proposed 18 Territorial Regions of the Federation of Nigeria and Constituent Nationalities of the Regions and Map.

PROPOSED BY PRO-NATIONAL CONFERENCE ORGANIZATIONS (PRONACO):

1.1.1.1.1.2 A. MONO-NATIONALITY REGIONS

2. Edo Federating Region

2. Fullah (otherwise known as ‘Fulani’) Federating Region

3. Gbagyi (otherwise known as ‘Gwari’) Federating Region

4. Hausa Federating Region

5. Ibibio Federating Region

6. Igbo Federating Region [including Delta Igbo-speaking ethnic Nationality as well as those in Abia, Anambra, Ebonyi, Enugu and Imo States]

7. Ijaw Federating Region

8. Kanuri Federating Region

9. Nupe Federating Region

10. Tiv Federating Region

11. Urhobo Federating Region

12. Yoruba Federating Region [comprising those in Delta (i.e. Itsekiri), (in Edo), Ekiti, (in Kogi), (in Kwara), Lagos, (in Niger), Ogun, Ondo, Osun and Oyo States]; and

B. MULTI-NATIONALITY REGIONS

14. Bayelsa and Rivers Federating Region [comprising the Minority Ethnic Nationalities in Bayelsa and Rivers States, i.e. Andoni, Ekipeye, Eleme, Engeni, Etchei, Ikwerre, Ogba, Ndoni, Ogoni];

15. Central Middle Belt Federating Region [comprising the Minority Ethnic Nationalities in Central Middle Belt], that is to say:-

(a) The Ebira Group, which includes Bassa-Nge, Ebira, Ebira-Mozun, Ebira- Panda, Ebira-Ugu, Etuno-Igarra, Uku;

(b) The Igala Group in Upper Benue which includes Alago, Arum, Bassa-Komu, Eggon, Gwandara, Kakanda, Mada, Mighili, Ninzom, etc.; and

(c) The Nok Group which includes Atyap, Bajju, Gwandara, Ham, Hori, Ikullu, Kahugu, Kamanton, Kwasam, Ninkyop, Ninzam, Etc.;

16. Delta Federating Region [comprising the Minority Ethnic Nationalities in Delta, i.e. Ika, Isoko, Ndokwa, Warri];

17. East Middle Belt Federating Region [comprising the Minority Ethnic Nationalities in East Middle Belt] that is to say: -

(a) The Plateau Group which includes Afezere, Amu, Ankwei, Berom, Geomai, Mavo-Jukun, Ngas, Pem, Tarok, Yovin, etc.;

(b) The Taraba Group which includes Abakwa, Chamba, Jukun, Kaanab, Kona, Kunni, Kuteb, Mambila, Ndoro, Yububen, etc.; and

18. West Middle Belt Federating Region [comprising the Minority Ethnic Nationalities in West Middle Belt], that is to say, Angamo, Bariba, Bola, Bussa, Funne, Kambari, Karekare, Ngizim, Zuru, etc.

PRONACO ETHNIC REGIONAL MAP OF NIGERIA

NIGERIA’S NATIONALITY LINGUISTIC MAP

Schedules 2: THE SIX ZONES AND CONSTITUENT 36 STATES OF NIGERIA

ZONE	HEADQUARTERS	CONSTITUENT STATES
(a) NORTHCENTRAL	Jos	1.Kwara 2.Kogi 3.Plateau 4.Nasarawa 5.Benue 6.Niger
(b) NORTH EAST	Maiduguri	1.Borno 2.Yobe 3.Bauchi 4.Gombe 5.Taraba 6.Adamawa
(c) NORTH WEST	Kaduna	1.Sokoto 2.Zamfara 3.Kebbi 4.Kaduna 5.Katsina 6.Kano 7.Jigawa
(d) SOUTH EAST	Enugu	1.Anambra 2.Enugu 3.Ebonyi 4.Imo 5.Abia
(e) SOUTHSOUTH	Port-Harcourt	1.Edo 2.Delta 3.Rivers 4.Bayelsa 5.Cross River 6.Akwa Ibom
(f) SOUTH WEST	Ibadan	1.Lagos 2.Ogun 3.Oyo 4.Osun 5.Ondo 6.Ekiti

MAP OF 36 STATES OF NIGERIA

Schedule Three: Proceedings at Regional Constituent Assemblies

The Regions shall exercise their freedom to determine the appropriate procedures and processes/structures/modalities necessary for convening their own Constituent Assemblies and the agenda for deliberations by their Conference Delegates.

Schedule Four: Referenda/Plebiscite Form of Questions

Do you think that the constitution proposed for Nigeria by the Federal Constitution Conference is acceptable?

Green Ballot Paper

for YES.

Red Ballot Paper

for NO.

==========================================================

APPENDIX FOUR:

DRAFT OF

A BILL

FOR AN ACT TO MAKE PROVISION FOR CONVENING AN INDEPENDENT NATIONAL CONSTITUTIONAL CONFERENCE (INCC) FOR PURPOSES OF DISCUSSING ISSUES AFFECTING THEM AND PREPARING A CONSTITUTION FOR CONSIDERATION AND ADOPTION BY THE NATIONALITY PEOPLES OF NIGERIA AT REGIONAL or ZONAL or STATE REFERENDA AND MATTERS ANCILLARY THERETO

Prepared and Submitted

THE YORUBA NATIONAL ASSEMBLY

ARRANGEMENT OF SECTIONS

Preamble

1. Short Title

2. Interpretation

3. Establishment of Independent National Constitutional

Conference (INCC)

4. Qualification for participation in the Conference

5. Guideline for the Composition of the Conference

6. Composition of the Conference

7. Functions of the Conference

8. Procedure at the Conference

9. Decision, quorum and voting at the Conference

10. Oath by members

11. Secretary to the Conference

12. Allowances

13. Drafting and Publication of the Draft Constitution

14. Holding of Plebiscites and Referenda

SCHEDULES

Schedule One: Proposed 18 Territorial Regions of the Federation of Nigeria

and Constituent Nationalities of the Regions and map.

Schedule Two: The Six Zones and Constituent 36 States of Nigeria

Schedule Three: Referenda Form of Questions

__________________________________________________________________

Preamble

WHEREAS the people of Nigeria are being governed in accordance with the provisions of the Constitution of the Federal Republic of Nigeria, 1999.

AND WHEREAS the said Constitution came into existence as a result of a Decree enacted by the then Federal Military Government.

AND WHEREAS following elections to the Office of President, Vice President and to the Senate and House of Representatives for the Federation and to the Office of Governor, Deputy Governor and House of Assembly for each of the States there developed a general clamour for convening a Conference of the ethnic Nationalities so as to give them the opportunity to exercise their inherent right to determine democratically for themselves the Constitution by which they wish to be governed in one united Nigeria as the supreme law of the land binding on all organs of government and on all authorities and individuals in the country.

AND WHEREAS the National Assembly considers it necessary and expedient for the peace, order and good government of Nigeria to make provision to facilitate the convening of the aforesaid Conference.

NOW THEREFORE the National Assembly hereby enacts as follows:

Short title 1. This Act may be cited as the Independent National Constitutional Conference and Referendum Act and shall come into force on the date of its publication in the Gazette.

Interpretation

2. In this Act, except where the context otherwise requires:

“National Conference” means the body of persons established in accordance with the provisions of this Act.

“President” Means President of the Federal Republic of Nigeria.

“Public service of the Federation” or “public service of a State” has the meaning assigned to those expressions in the Constitution of the Federal Republic of Nigeria, 1999

“State” or “States” refer to the territory or territories described as such in Part 1 of the First Schedule to the Constitution of the Federal Republic of Nigeria, 1999

“Zone” and cognate expressions refer to any of the six groups of States mentioned in section 3 of this Act.

“Region” or “Regions” refer to the territory or territories described as such in Schedules 1 of this Act.

The Six Zones

3. (1) For the purposes of this Act, there shall be six Zones in Nigeria, that is to say, North Central, North East, North West, South East, South-South and South West, with Headquarters at Jos, Maiduguri, Kaduna, Enugu, Port-Harcourt and Ibadan respectively.

(2) Each Zone of Nigeria shall comprise the group of States shown in the Table in Schedule 1 to this Act

(3) Any vacancy occurring among the delegates to the National Constitution Conference shall be filled by election or selection organized and conducted by the appropriate Regional Council in accordance with the provisions of this Act.

Establishment of National Conference

4. (1) There shall be for the purposes of this Act, a National Conference that shall, subject to this Act, have full powers to deliberate upon a Constitution for the Federal Republic of Nigeria as well as other matters relating to the unity, welfare and good government of the country.

(2) The National Constitution Conference shall be convened by the President within 30 days after this Act comes into force.

Composition of the National Conference

5. The National Conference shall consist of members nominated, selected and appointed from the Ethnic Nationalities listed in the schedule annexed hereto represented by twenty (20) delegates each at the Conference.

Qualification for membership of National Conference

6. (1)Subject to subsection (2) of this section, a person shall be qualified for nomination and selection as a member of the National Conference if he is a highly knowledgeable citizen of Nigeria and is not less than eighteen years old.

(2)A person shall not be qualified for membership of the National Constitution Conference if-

(a) He is of unsound mind; or

(b) He is bankrupt or makes a composition with his creditors; or

(c) He is convicted of a felony or any offence involving dishonesty; or

(d) He is found guilty of serious misconduct in relation to his public duties; or

(e) He is a member of the Armed Forces or the Nigeria Police Force or a member of the public service of the Federation or of a State within the meaning of the Constitution, or a member of the staff of any Local Government, unless he has resigned his office not less than thirty days before his election.

Procedure at the National Conference

7. Subject to this Act, the proceedings of the National Conference shall be conducted in accordance with the Standing Orders of the House of Representatives with such modifications as may be approved by four-fifth majority of the delegates to the National Conference and, subject to such modifications, the Standing Orders shall be deemed to be the Standing Orders of the National Conference.

Decision, Quorum and Voting at the National Conference

8. (a)Subject to the provisions of this Act every member of the National Conference shall have one vote within his or her delegation but totality of the delegation votes shall count as a block vote of one in the deliberations of the Conference on any issue requiring voting division of the Conference.

(b)For the purpose of sub paragraph (a) of this

Section a Region/Zone/State shall be deemed to have arrived at a decision by the votes of a simple majority of the total number of delegates from that zone.

(c)The quorum of the National Conference for the purpose of transacting any business other than adjournment shall be not less than two-third of the entire membership.

Provided that no proceedings of the National Conference shall be rendered invalid under this section unless objection is raised by a member present other than the person presiding that there are fewer members present at the meeting than the prescribed quorum.

9. (a)The person presiding at a meeting of the National Conference shall use his best endeavour to see that decisions are arrived at by consensus among those present at the meeting.

(b)Upon failure to arrive at a consensus, any question proposed for decision shall be regarded as not binding on the Region(s) in default since the decision of the Conference must be by consensus.

Oath by members

10. Every member of the National Conference shall before taking his seat in the Conference take and subscribe before the Conference, the oath of allegiance which for the purposes of this section may be modified in such manner as may be approved by the Chief Justice of Nigeria so however that any member may instead of the oath make the appropriate affirmation as provided by law.

Secretary to the Conference

11. (1) There shall be a Secretary to the National Conference who shall be appointed by the Conference and who shall not be a member of the Public Service of the Federation or of a State and who shall be paid such remuneration and allowances as may be determined by the Revenue Mobilization, Allocation and Fiscal Commission (RMAFC)

(2) There shall also be appointed such number of supporting staff as may be required to assist the Secretary in the performance of his duties.

Allowance

12. There shall be paid to the Chairman, Deputy Chairman and Members of the National Conference such allowances as the Revenue Mobilization and Fiscal Commission may approve.

Publication of Draft Constitution

13. (1) The Chairman and Secretary of the National Conference, in conjunction with their counterparts in the Independent Constitution Conference Commission, shall cause the legal drafting of the new Constitution and certify the Draft Constitution as passed by the National Conference and lodge authenticated copies thereof with the President of the Federal Republic of Nigeria, the President of the Senate and the Speaker of the House of Representatives who shall cause it to be laid before the appropriate House only for their information and records.

(2) The Government Printer shall print or cause to be printed sufficient copies of the Draft Constitution for sale at cost to any member of the public who wishes to purchase the same.

Holding Referendum

14. (1) A referendum shall be held on the question whether the Draft Constitution for the Nigerian federation approved and passed by the National Conference is acceptable to the people of Nigeria.

(2) The question to be asked in each of the ‘federating unit’ referendum, and the ballot paper to be used for that purpose shall be in the form set out in Schedule 3 to this Act;

But so that the YES ballot papers shall be in GREEN colour whilst the NO ballot papers shall be in RED.

(3) The Independent National Electoral Commission shall be responsible for organizing and conducting the referendum in each of Nigeria’s ‘federating unit’ and for giving the widest possible publicity to the method for voting “YES” or “NO”.

(4) The persons entitled to vote in the referendum shall be those whose names are on the Register of Voters for purposes of election of members of the National Assembly.

(5) The ballot shall be open and the Independent National Electoral Commission shall make regulations for the purpose of ensuring the proper conduct thereof and that no person votes more than once.

(6)The regulations made pursuant to the provisions of this Section may impose penalties for contravention.

(7) All regulations made as aforementioned shall be laid on the Table of the National Assembly only for their information and records and published in the Federal Gazette.

(8) Subject to the provisions of subsection 9 of this section, the Bill for a Constitution for the Nigerian federation purposed by the National Conference shall become law and be binding on all persons and authorities when and if there is a majority of ‘Yes’ votes in favour of its adoption by every and each of the Regions or States or Zones and it shall come into force immediately whether before or after the expiration of the term of office of the President, Vice President, the legislative Houses under the present Constitution of the Federal Republic of Nigeria.

(9)A majority of ‘Yes’ votes for the purposes of this section means:

(a)Four-fifth majority of the votes cast at each of the Regional or State or Zonal referendum

(b)A simple majority of votes in each of not less than two thirds of votes cast in each of the six Regions/Zones/States mentioned in section 3 of this Act.

Schedule One: Proposed 18 Territorial Regions of the Federation of Nigeria and Constituent Nationalities of the Regions and Map.

PROPOSED BY PRO-NATIONAL CONFERENCE ORGANIZATIONS (PRONACO):

1.1.1.1.1.3 A. MONO-NATIONALITY REGIONS

3. Edo Federating Region