Constitution Amendment - Resource Control Tears Senate Apart

Abuja, Jul 06, 2009 (Daily Independent/All Africa Global Media via COMTEX) -- RRCT | Quote | Chart | News | PowerRating -- Lawmakers from the North have regrouped to stop Southern agitation for a rise in oil derivation from 13 per cent to 50 per cent. They have also sent a strong message of support to President Umaru Yar'Adua on political appointments.

The Northern Senators' Forum (NSF) met penultimate week to check moves by the Southern Senators' Forum (SSF) to rally for derivation increase in the new Constitution.

The thinking of the NSF, according to those present at the meeting, is that derivation should remain at 13 per cent and the formula should apply to all mineral resources and proceeds.

The trench positions of the NSF and the SSF may affect the amendment of the Constitution.

The stance of the North is on the heels of a caucus convened in Senate Hearing Room 2 by the SSF penultimate week, where the members voiced a myriad of complaints of Yar'Adua's marginalisation of the South.

But the NSF riposted that former President Olusegun Obasanjo equally favoured the South, whereas Yar'Adua, to date, has done nothing wrong.

The SSF, it was learnt, resolved to insist on the creation of more states, council autonomy, resource control, First Line charge from the Federation Account for the legislature, and power rotation at all levels of government.

Two weeks ago, the Senate began consideration of the Constitution amendment Bill Yar'Adua sent in.

A previous joint attempt by the Senate and the House of Representatives to review the Constitution had hit the rocks, following dispute on the headship of the Joint Committee on Constitution Review (JCCR).

Aso Rock presented a fresh window with a Bill to alter 19 clauses One of the decisions of Southern Senators is to push for the inclusion of all issues critical to the survival of the nation, rather than dwell solely on those raised by Yar'Adua.

The Northerners are, however, insisting that they would not go outside the Bill sent in by the Villa.

"Northern Senators are saying that they may not be able to touch Sections of the Constitution Yar'Adua has not asked to be amended unless there is a serious need for such," said a source, who added that the North will, at the appropriate time, confront Southern claims of marginalisation with facts.

Daily Independent reported on June 15 - nine days before the Senate began its solo run with the Constitution review on June 24 - that the Northern elite is not comfortable with the exercise and has enlisted its members on the Joint Committee on Constitution Review (JCCR) to scuttle it unless the North has its way.

Northern lawmakers are in on the game, which includes a plot against Deputy Senate President and JCCR Chairman, Ike Ekweremadu, by insisting on the title of JCCR Co-chairman for Usman Nafada, who is House of Representatives Deputy Speaker.

Nafada has turned down the title of JCCR Vice Chairman, even though the Senate argues this is what the Constitution recognises.

National Assembly (NASS) sources said factors the North has stacked up against Ekweremadu include:

One: The North believes that its interests would be jeopardised with Ekweremadu chairing the JCCR, hence its insistence that Nafada must be Co-chairman, so that both men would take joint decisions.

A source, a ranking legislator, reasoned that "the latitude given to the former JCCR Chairman and former Deputy Senate President, Ibrahim Mantu, would not be repeated this time.

"Because there was no Co-chairman in the last Constitution review, that was why the issue of tenure elongation (for Obasanjo) was brought in and the House had to play along. This time around, we want to be carried along in every decision-making on the JCCR."

Two: The North wants control of the finances of the JCCR, outside the N1 billion appropriated for the exercise in the 2009 budget.

"Look, lobby will come in form of money. Those with vested interests in any clause to be amended will do something. There is no way one man would be allowed to be in charge of that."

The antagonists believe the only way to control the finance is if Nafada becomes Co-chairman and is privy to all decisions.

Three: While the North is stridently against state creation, the South seeks more states and has mobilised the SSF to speak with one voice on it.

The SSF has agreed that, to correct imbalance, the South East should have three new states while other zones should have a maximum two new states each.

But the North believes that its fears over state creation would be allayed only if Nafada is made JCCR Co-chairman, since as the source put it, "he can adequately protect Northern interest and keep us abreast of developments concerning the issue."

The source added that the North is against any increase in oil derivation and believes that Ekweremadu, being from the South East, would be sympathetic to raise it to at least "50 per cent as demanded by the South South.

"There is a general mistrust, and unless Nafada is there as Co-chair who will be part of decision making of the review committee, we don't see how we are going to accept Ekweremadu as the Chairman with Nafada as Vice Chairman."

He cited the National Political Conference where there was a Co-secretary; so, "there is nothing unusual about Co-chairman. In an important exercise like the review of the Constitution, you can't leave it to the whims of one person."

Senate President, David Mark, inaugurated the JCCR in October last year, comprising 44 members from each NASS Chamber.

A joint review has, however, been filibustered by House members who insist that Nafada has the title of Co-Chairman.

Mark announced early in June that the Senate would do its own review and harmonise it with that of the House.

Having gone their separate ways in the exercise, the Senate and the House last month shared at N500 million each, the N1 billion ring-fenced in the 2009 budget for the review.

There are 88 members on the JCCR, comprising 44 Senators and 44 House members.

Senators and House members brushed aside opposition from the National Assembly (NASS) management and began spending the money, which translates into N11.36 million for every one of the 88 reviewers.

A similar amount was allocated and shared in the 2008 budget, divided into N500 million for each Chamber.

The money was accessed after the NASS management, custodians of the N1 billion, caved in under pressure from the JCCR.

Agitation by House members to do their own Constitution review, which led to the collapse of the JCCR, informed the decision of the NASS management to release the money separately to each Chamber.

A source explained that "following the collapse of the joint review exercise, the legislators resolved to spend the N1 billion meant for the exercise on the passage of the seven Bills sent to the National Assembly by (Yar'Adua).

"It is no longer an intention, the money is being spent by the separate Chambers."

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