…Cautions On Conflicting Legislations With State Assemblies
…As State Attorney General Calls For A People Oriented Constitution
By Christiana Ekpa
The Governor of Kogi State, Ahmed Usman Ododo has called on the National Assembly to grant more powers to states to create State Police, have more control over mineral resources and other salient issues in the ongoing amendment of the 1999 Constitution.
He made the position in his submission at the public hearing, North Central Center A comprising of Kwara, Kogi and Niger States held in Minna Niger State by the House Committee on the ‘Review of the 1999 Constitution’ on Saturday.
Represented by the Kogi State Attorney General and Commissioner for Justice, Muiz Yinus Abdullahi, SAN, the Governor commended the the National Assembly and more particularly, the House of Representatives, for the desire to forge a better country through constitutional amendment that will give Nigerians an acceptable constitution.
He however called on the National Assembly to ensure that any provision in the constitution that is capable of causing confusion or multiple interpretations, is addressed through the ongoing amendment process.
He said, “For instance, while it is general knowledge that law-making powers on every item in the exclusive legislative list rest squarely at the foot of the National Assembly or the Federal Government as it were, and items on the concurrent list rest with both the National Assembly and State Assemblies or both Federal and State Governments, as per section 4 of the Constitution, certain issues are not expressly addressed by the Constitution.
“The situation as presently constituted is such that, by section 4(5), if any law enacted by the House of Assembly of a State is inconsistent with any law validly made by the National Assembly, the law made by the National Assembly shall prevail, and that other law shall to the extent of the inconsistency be void.
“What of the situation where an item legislated upon by the House of Assembly of a State is neither in the exclusive nor concurrent legislative lists, as it is within its right to so make, and then, there is an Act of the National Assembly, what is the position of the Constitution? We therefore, call for clear provisions of the law in this regard”.
Governor Ododo called for more powers to be given to the states in order to address security and other socio-economic as well as political issues peculiar to their states through creation of State Police, resource control and other powers that were hitherto on the exclusive list in the 1999 Constitution.
He said, “Also, power sharing is a fundamental principle that lies at the heart of the ongoing constitutional amendment process. It serves as a crucial mechanism for ensuring balanced governance, fostering inclusivity, and promoting equitable development throughout the country.
“In the context of a diverse nation with multiple states, devolving more powers to state governments is essential for accelerating development and addressing localized needs more effectively.
“By empowering states with greater autonomy, the government can facilitate tailored policies that reflect the unique socio-economic realities of each region, thereby driving rapid and sustainable growth nationwide.
“Part 1 of the Second Schedule, (Exclusive Legislative List) of the 1999 Constitution, Item 39 currently states: “Mines and minerals, including oil fields, oil mining, geological surveys, and natural gas.” This provision gives the federal government exclusive control over these resources, meaning that states have no direct authority to regulate, tax, or manage them.
“Granting states more control over mineral resources within their territories is a vital step toward achieving the goal of equitable development of constituent states. Currently, mineral resource management falls squarely under federal jurisdiction, which can lead to delays, inefficiencies, and a disconnect from local priorities.
“By allowing states to oversee mining operations, states can better regulate extraction processes, ensure compliance with environmental standards, and engage directly with local communities affected by mining activities. This localized control can also foster innovation in resource management and encourage sustainable practices that align with the state’s long-term development plans”.
The Governor also called for an equitable revenue sharing formula, environmental control issue and others.
In a goodwill message, the Kogi State Attorney General and Commissioner of Justice, Muiz Yinus Abdullahi, SAN advised the Committee to be diligent and not to rush on the issues presented before it during the exercise.
He said, “I wish to plead, that there is no hurry in finetuning our organic law if we want to get it right. While we are in support of this amendment, we want to plead that, all issues listed should be critically looked into and let it be a people oriented Constitution.
“This time, what we want is that, this Constitution should be owned by the Nigerians and not the Constitution owning Nigerians. So, I therefore plead to all members and participants here that, please, we shouldn’t be sentimental on the issues we are presenting.
“We should make sure these things are beneficial and bring us together as one so that we can move ahead. Some of us have travelled wide. We have been to America, we have been to China, we have been to different places and we have observed that, their Constitution is working for them because they took time to critically look at all the issues that bring them together.
“So, I plead with this committee and House of Representatives members to please while passing, I heard from what the Chairman said earlier, that all these things have been considered already. Please, when giving them the final note, let it be people oriented. That’s what Nigerians are interested in”.
