The national conference ran into stormy waters last week as delegates for three consecutive days failed to agree on the pattern of voting on resolutions of the conference. The delegates also disagreed on whether the conference report should be subjected to a referendum.
Divergent views on how the resolutions of the national conference would be reached have pitted delegates from the North against their counterparts from the South. The problem started during the debates on the procedures and rules of the conference.
Voting Controversy
The northern delegates are insisting that resolutions of the conference should be reached through a 75 per cent majority decision. But delegates from the south say resolutions of the conference should be reached through a two-third consensus resolution. Seventy five per cent of the 492 delegates is 369 and two-third is 328.
The controversy was kicked off when Chief Mike Ozekhome called for a review of the Order 6, Rule 4 and Rule 11, Order 11 Rules one and two of the Conference Procedures, which states that a resolution at the conference will be reached with a 75 per cent consensus of the delegates.
The chairman of the conference, Justice Idris Kutigi, had ruled to adopt the procedure, but Ozekhome, in a motion supported by Adeniyi Akintola, SAN, urged the conference to adopt the best parliamentary practice of two-third consensus of the 492 delegates. Ozekhome argued that in a conference of 492 delegates, 75 per cent consensus, which will require 369 delegates to reach a resolution, will be near impossible as it will only enthrone a tyrannical minority, defeating a 74 per cent majority. He further said that it will be impossible to reach a common resolution on issues like resource control, regionalism, state police, type of government and other critical issues that agitate the minds of Nigerians.
Ozekhome argued that two-third majority consensus was the global parliamentary standard, as resolutions are reached with two-third majority on issues all over the world.
Supporting Ozekhome, Akintola said if President Goodluck Jonathan had decided to force a 75 per cent consensus on the delegates then there will be no need for the conference. He insisted that the world over, two-third majority was the practice in all the parliaments.
But in a vehement opposition to Ozekhome and Akintola, a Professor of Law, Awwal Yadudu, who is a delegate from the North-west said much as everybody believes in the indivisibility and indissolubility of Nigeria as a sovereign nation, that it was better that decisions were reached by 75 per cent of the conference delegates. He said for the resolutions of the conference to be respected it was better for the delegates to avoid voting and ensure 75 per cent agreement on all issues.
Likewise, the former Inspector General of Police Gambo Jimeta, who warned delegates against intimidation, advocated that the resolutions of the conference should to be reached through a three quarter agreement. He said it was not always possible for everyone have his or her way and urged the delegates to support the three quarter consensus in the overall interest of the conference.
The former police chief warned the delegates that in view of the anomalies in the constitution amendments in the pasts, they should be very cautious with the current process.
“If we want to get anything perfect here it will not be possible based on the way the delegates were selected. Although no one is trying to destroy what has been put together for the conference. No one should try to force his will and subsequently spoil this opportunity to chat a new course for the country,” Jimeta said.
The leader of the Odua People’s Congress (OPC), Gani Adams, spoke in support of Ozekhome and Akintola, while Ambassador Hassan Adamu spoke in support of the three quarter consensus.
Ayo Adebanjo canvassed that the decisions of the conference be reached with two-third majority. He said the argument to use consensus may just be an avenue to prevent decisions from being reached at the conference. It would amount to setting impossible conditions, he said.
He also disagreed with Jimeta that some people were out to force their views on others, saying the conference must adopt conventional means of reaching consensus, which is by adopting a two-third majority system to resolve issues.
According to Adebanjo, “It is true that we want consensus on all issues, no one is canvassing the division of Nigeria as a sovereign nation. I agree with Gambo, but we want a solution to the issues that confront us as a nation. Let’s go along with the world on two-third majority and not three quarter. Those of us who support the conference will not be happy with three quarter resolution of issues.”
He was supported by Bisi Adegboye from Ogun State, but Hajia Naratu Babajo from Kaduna State still reiterated the position of the northern delegates on three quarter resolution of all issues.
Former Secretary to the Government of the Federation Olu Falae supported the argument of the southern delegates that resolutions should be reached based on two-third majority, and not the three quarter as proposed by the conference secretariat and northern delegates.
There was no agreement on the matter during the sessions from Monday to Wednesday.
Referendum Controversy
Another controversial issue that sharply divided the delegates last week was what to do with the national conference report. Delegates at the proceedings openly disagreed on whether or not the conference report should be subjected to a referendum, as hinted by Jonathan during the inauguration of the conference.
Olawuni Ajayi from the South-west, during the second day of debate on the National Conference Procedures Order 13 Rules 3, asked that the conference take a categorical stand that the outcome of the conference should be subjected to a referendum and not to the whims and caprices of the National Assembly.
“The outcome of the national conference should be tagged ‘we the people of Nigeria’ and therefore subjected to the people to decide through a referendum,” Ajayi said.
In this regard, he called for the retention of Order 13 Rules 3 of the Proceedings, which says inter alia, “Conference shall in consultation with the six Principal Officers of the Conference advise the government on the legal framework, legal procedures and options for integrating the decisions and outcomes of the National Conference into the constitution and laws of the country.”
Ajayi summed his contributions on the issue of referendum thus: “If by any mistake the decision of this conference is submitted to the National Assembly then we are back to square one.” He said the relevant sections of the rules should be amended to read that the recommendations should be subjected to referendum.
Other delegates, including Joe Odumakin (civil society) and Dr. Joe Nwogu (South-east), spoke in support of subjecting the report of the conference to a referendum. Nwogu told the delegates that dragging their feet on the question of subjecting the recommendations to referendum amounted to postponing the doomsday.
But former Senate President Ken Nnamani called for caution and drew the attention of the delegates to the president’s speech where he appealed to the National Assembly to expedite action on the passage of a bill on a proposed amendment in the constitution that will allow the conference’s recommendations to undergo a referendum. He maintained that the conference as presently constituted did not have the legal backing to amend the constitution and as such should not go into any contest with the National Assembly.
Nnamani said, “The issue of referendum, if we listened very carefully to Mr. President on the opening day, he talked about appealing to the chairman of the National Assembly committee on constitution amendment to incorporate and expedite action on the aspect that stresses the need to have a referendum.
“I think that the issue is a work in progress, but here we will be trying to deceive ourselves by attempting to impose a referendum on our report without even having a legal backing to do so. My view is that Nigeria is a rule of law state and our operation is anchored on the 1999 Constitution and until we change it we have nothing do about it here.
“So the move to arrogate to ourselves the powers to amend the constitution amounts to usurping the powers of elected representatives of the people, which we are not. Some people were attempting to restructure Nigeria through the conference with the powers they do not have.”
Contributing to the debate, Mr. Nduka Obaigbena observed that there were recommendations of the 1994 conference that, though were not automatically put into the constitution, were adopted in the process of governance. He gave the example of the six geopolitical zonal structure and power rotation as some of the outcomes of the former conference that have now become part of national life.
“The conference is as good as its report and the ideas that come from it. While we deliberate on whether our recommendations are going to be in the constitution or not, let us be guided by strong ideas. When we have strong ideas and we have the acceptance and the legitimacy of the people, then no one can ignore the report of the conference,” he said.
Obaigbena advised delegates to concentrate on how to make strong recommendations, which will make the National Assembly have no alternative than to toe their line.
Speaking in the same vein, former Minister of Education, Professor Ruqqayatt Rufai. said the conference should limit itself to the powers given to it and submit its recommendations to the president at the end of the conference.
The 50-man Consensus Group
Following the unceasing discordant views on the voting pattern, the matter was referred to the 50-man Consensus Group to hammer out a compromise. Members of the committee include General Ike Nwachukwu, Chief Mike Ahamba, Chief Olu Falae, Mr. Nduka Obaigbena, Dr. Kunle Olajide, Chief Peter Odili, Chief E. K. Clark, Professor Jubril Aminu, Professor Ibrahim Gambari, Professor Jerry Gana, Alhaji Adamu Waziri, Alhaji Tanko Yakassai, Senator Ibrahim Ida, General A. B Mamman, Chief A. K Horsfall, Chief Josephine Anenih, Mr. Isa Aremu, Miss Hauwa Evelyn Shekarau, Hajia Bola Shagaya.
Others are Dr. Olisa Agbakogba, Ambassador Vincent Okobe, Ambassador Lawrence Ekpuku, Senator Femi Okurounmu, Dr. Joe Nguogwu, Hon Mohammed Umaru Kumaila, Professor Anwalu Yadudu, Dr. Iyorcha Ayu, Obong Victor Attah, Senator Kairat Abdulrazak Gwadabe, Hon Ghali Umar Na’Abba, Adamu Aliero, Atedo Peterside, Dr. Chukwuemeka Ezeife, Professor Isah Mohammed, Alhaji Kashim Ibrahim Imam, Senator Florence Ita-Giwa, Dr. Ken Nnamani, Alhaji Bashir Dalhatu, Alhaji Sule Yahaya Hamman, Dr. Abubakar Sarki Mohammed.
Also in the committee are Chief Olusola Akomode, Justice Lawal Gummi, Mr. Ledum Mitee, Mr. Fola Adeola, Senator Mimi Bariya Amange, Chief Raymond Dokpesi, Mr. Benjamin Elue, General Alani Akinrinade, and Justice Mamman Nasir.
Compromise
The consensus group reached a compromise of 70 per cent as the national conference’s consensus figure for its resolutions.
THISDAY gathered that the 70 per cent agreement was reached on the second day the group’s meetings. A source in the committee said, “We agree that there must be consensus on all issues to be discussed, but where it fails, then the voting pattern must be 70 per cent of the 492 delegates. But the delegates must first go out to negotiate and if it fails, the plenary shall be adjourned for a second time for negotiation and if it fails, the conference shall on the third time vote and the consensus of the voting shall be by a consensus of 70 per cent.”
With the resolution of the controversy over the voting pattern, THISDAY learnt that the conference will on Monday announce the placement of delegates into its 22 committees. By the approved rules of the conference, the secretariat will place delegates into the various committees and the members of each committee shall choose its leaders.
Walkout Threat
The disagreement over the voting pattern did not pass off without incident. The Lamido of Adamawa, His Royal Highness Aliyu Mustapha, had threatened to walk out of the conference if it insisted on adopting a two-third majority as the consensus voting pattern. He also threatened to secede to his Adamawa kingdom in Cameroon if the conference “flops” due the untoward consequences that Nigeria would suffer.
Delegates from the three southern zones – South-west, South-east, and South-south – had equally met on Tuesday night and agreed that they would not participate in the conference if the northern delegates insisted on the three quarter voting pattern for the resolutions of the conference. This was as the northern delegates were also meeting and resolving not to shift ground on the voting pattern.
The conference had resumed sitting Wednesday to begin deliberations on a work plan after adjourning abruptly on Tuesday due to disagreement over the issue of voting pattern. At the sitting, the Lamido of Adamawa veered off the discussion on the need to allow the public to contribute to the conference by sending public memorandum. When the conference chairman asked him to contribute, the Lamido started by warning delegates against being overwhelmed by Western influences. He said the conference was going against the directive of the president on how consensus should be reached, stating that some delegates are bent on contradicting the speech of the president.
Though, he was shouted down by some delegates, who urged him to speak on the issue on ground, he continued to make his point, with Kutigi telling him to continue. The Lamido of Adamawa said, “Mr. Chairman, I want to sound a note of warning. We should not take a cue from the so-called civilised people of Western countries because they are always after their own interest and they can use anything, including coercion, to protect that interest.
“Listening to the debates and the behaviour of some of the delegates here, it beats my imagination why a gathering of people like us will behave the way we are behaving.
“The president delivered an address and laid down what we are supposed to discuss and what not to discuss. But many people here, some of them elder statesmen, who claim to be strong loyalists of the president, unfortunately, are in the forefront to contradict what the president has said.
“In the long run, if we are not careful, this conference will flop. God forbid. If it flops, the resultant effect will not be imaginable. If anything happens and the country disintegrates, God forbid, many of us who are shouting their heads off may not have anywhere to go.
“My people and the people of Adamawa have got somewhere to go. I am the Lamido of Adamawa and my kingdom extends to Cameroon. The larger part of my kingdom is in Cameroon. Part of that kingdom is today called Adamawa State in Cameroon. You see, if I run to that place, I will easily assimilate.
“I want to call on the chairman to, please, thread the path laid down by the president, which includes the pattern of voting. If we are pushed to the wall, we will easily walk out of this conference. Jingoism is not the exclusive preserve of anyone. Everyone here is a potential jingo.”
A conference secretariat staff, who asked not to be named, told THISDAY there were political considerations behind the insistence on three quarter voting for conference resolutions. He stated that it was aimed at ensuring absolute consensus because of the political configuration of the country, where the Peoples Democratic Party has control of 18 states, with two friendly states of Ondo, under the Labour Party, and Anambra, under the All Progressive Grand Alliance.
According to the source, “The idea of three quarter is that the three quarter of the states is 27 and reaching a resolution of the three quarter is removing the decisions of the conference out of the confines of the All Progressives Congress- controlled states.
“If agreements are reached with three quarter, then the APC states will not have much powers or impact to thwart the decisions reached because the consensus is more overwhelming. Two-third may not be seen as overwhelming as three quarter.”
He added that the three quarter arrangement was the initiative of the Presidency
Source | ThisDay
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