Wednesday, September 26, 2007

Nigerian Political Parties of the 1999 Constitution and Mr. President Electoral Reforms (1)

The 1999 Constitution, patterned at least in its Chapter Two after the 1979 Constitution, provides for a powerful National Assembly vested with all authority to establish and or to reform existing institutions of government. The problem is that this Constitution has made no provisions for the actualization of the electorates that would produce the type of Assembly stipulated by the Constitution. The result is that statecraft issues essentially organizational and institutionalist are transformed into moral, legalistic and idealist intentions in Nigeria`s reform discourse.

The National Assembly in the Constitution has the power to provide for the establishment of the Armed Forces. It is given the power of the purse through which government functions and is sustained. It has the oversight authority over how the President commands the Armed Forces and over the career prospects in the Armed Forces. It is by the act of the National Assembly that the Nigeria Police Force is to be organized and administered (see Sections 214 regarding the police,. Section 217 on the Armed Forces; Section 218 (4) with respect to laws for the regulation of the powers exercisable by the President as Commander-in-Chief and the appointment, promotion and disciplinary control of members of the. Armed forces of the Federation.

Sections 80 and 81 specify powers regarding control of all revenues or other moneys payable under the Constitution or any Act of the National Assembly). These are powers that establish the Legislative Branch as the fulcrum of Government and ensure the rule of law, since this authority of government are exercise of powers of Acts of the National Assembly. The Assembly effectively administering the powers vested in it by the Constitution is strong enough to keep in check the Executive and maintain its integrity in its relationship to the Judiciary.

The reality of Nigerian politics under the Military and the two terms of the Obasanjo’s regime have however been one of caesaristic Executives, and of a legislature disbanded during Military Rule and quite easily subordinated by President Obasanjo. The 1999 Constitution however provides the National Assembly with the authority to do something about the Armed Forces’ penchant for unconstitutional seizure of power and to check civilian Executive autocracy. The problem however is that the Constitution provides no guidelines nor prescribes what must be done to establish the National Assembly that would make its provisions relevant and supreme.

Thus we have provisions of power for the National Assembly and none for the emergence of the Assembly that is capable of exercising its constitutional powers.

Indeed the dismay is that we have a national assembly that does not seem to recognise that it has powers that the constitution confers on it.

The answer to this onundrum is not to be found in the waking up a sleeping National Assembly. The problem is resident in the political system implied by the Constitution. Namely an electoral political system regulated by the Independent National Electoral Commission. Sections 221 to 229 deal with Political Parties and it is these that show what is prescribed for the implementation of the Constitution through the National Assembly. These sections prescribe the format for the establishment and operations of political parties; they emphasize forms or characteristics of the political parties, their operations and administration; forms are emphasized because a type of political system and process are assumed, namely an electoral political system.

The makers of the Constitution have not asked what are or should be the prerequisites or antecedents political relations amongst “party politicians” (that is, politicians associating to form parties to advance their interest in power) for these to subscribe to an electoral political process for the resolution of their political conflicts and rivalries. The makers of the Constitution have prescribed a politics and have made it mandatory that this and only this type of politics must be the game in town. Hence in the Constitution terms of politics are emphasized because the context and content of politics have been prescribed. The enumerated provisions of the Constitution will he seen as essentially prescriptive. On political parties Section 221 states:

“No association, other than a political party shall canvass for votes for any candidate at any election or contribute to the funds of any political party or to the election expenses of any candidate at an election.”

Section 229 provides the interpretation of what the Constitution names as association and as a political party. “Association” means any body of persons corporate or unincorporated who agree to act together for a common purpose and includes an association termed for any ethnic social, cultural, occupational or religious purpose; and “political party” includes any association whose activities include canvassing for votes in support of a candidate for election to the office of President, Vice-President, Governor. Deputy Governor or membership of a legislative house or of a local government council.”

Section 229, shows that a political party is a type of. association and that what the Constitution names as a political party is an association defined by one of its purposes for it states that a political party includes any association whose activities include canvassing for votes in support of a candidate for election to any of the offices named. Any association may therefore have as one of its purposes the canvassing for candidates for elections; the Constitution has not said that a political party must have only one purpose. The canvassing for votes in support of candidates seeking. elected offices.

A political party is an association and can be multipurpose. It can be an association consisting of bodies of persons corporate or unincorporated who agree to act together for any common purpose. These include associations formed for any ethnic, social, cultural, occupational or religious purposes. The distinction that the framers of the Constitution want to make is that between a “uni-purpose” association for elections and a “uni-purpose association for the promotion of ethnic, social, cultural, occupational or religious purpose. This introduces conceptual confusion into the discourse.

All associations are inherently multi-purpose and cannot be differentiated from each other in terms of purpose, which by definition is always “inherent”. Purpose “Inheres” in the agreements to act together”. Situations may make it economical for the association to articulate an interest in elections or in any other common good. A church, or mosque, a shrine or a student association may articulate interest in elections and seek candidates or sponsor candidates to run for office to promote their association`s goals.

Section 221 inspite of the conceptual confusion involved in the arbitrary distinction between political parties and any other association it is stipulating that only such associations formed with the purpose of canvassing for votes shall he called a political party. We shall see from this flows every attempt to exclude “non-political party associations,” that is.

associations formed for multi purpose ends, from electoral politics. This legalistic formulation of what a party is however fraught with sociological difficulties that stem from how people actually are in societies. They are firstly ethnic, social, cultural, occupational or religious entities and persons are in such entities. Decisions for promotion of common interests are taken within these identities and contexts. What may therefore be intended by the framers of the Constitution in their definition of a political party is the promotion of political associations that cut across ethnic, social, cultural, occupational or religious barriers

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Why I'm servant-leader —Yar'Adua

ABUJA — PRESIDENT Umaru Yar’Adua has explained that his decision to serve the country as a servant leader is to underscore the need for a change in attitude by the country’s political class.

The President made the explanation in New York, the United States of America at a dinner for participants in the “Nigeria Meets The World” forum.

He said a total change must take place in the disposition of Nigerian politicians and political parties for the electoral reforms initiated by his administration to succeed in establishing a durable framework for political stability in the country. President Yar’Adua emphasised that “politics should be about seeking opportunities for service to the nation, not about opportunities for self-aggrandisement. That is what the concept of the servant leader is about."

He said Nigerians, especially the political class, had a “lot of work to do to change our concept ofleadership. Political office and leadership are not necessarily synonymous because election to a political office should only provide an opportunity for someone to become a leader through worthy service to his people.

"We are reforming our electoral process to lay a solid foundation for political stability but there must be a complete change in the conduct of our politicians and political parties because their attitude will determine the success of the reforms,” the President said.

He warned that without political stability, real development could not take place in Nigeria and other African countries, adding that his administration was working hard to curb corruption by promoting respect for the rule of law and enforcing sanctions for breaches of the law.

His administration, the president promised, would build on the general consensus among Nigerians for the adoption of a free market economy to provide a higher quality of life for all the people of the country.

"In line with this, we are taking steps to realise our objective of making Nigeria one of the 20 strongesteconomies in the world by the year 2020. We have a very clear vision. It is not going to be easy to achieve, but we will try very hard,” the President said.

President Yar’Adua urged the developed countries to invest more in the country to generate economic growth and alleviate poverty. “We are determined to partner with you to make our world a better place to live in,” he said.

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Friday, September 21, 2007

Reps exchange blows as Etteh defends self

THE hitherto cold war between the pro and anti-Etteh groups in the House of Representatives over the N628 million controversial contracts snowballed yesterday into physical fighting between the two sides.

The scene was the sitting of the ad-hoc committee set up by the House to probe the contracts for the renovation of the official residence of Speaker Patricia Etteh and that of her deputy, Mr. Babangida Nguroje, as well as the purchase of vehicles.

All was set for the Speaker to commence her testimony when trouble started. The session was thus adjourned abruptly but not without Mrs Etteh submitting a written defence.
As soon as the Speaker was invited by the chairman of the nine-member committee, Mr David Idoko, to take the witness box there was an explosion of applause apparently from her loyalists who had filled up the venue.

This was followed by shouts of ‘ole, ole’ (thief, thief) from her opponents led by Mr Emmanuel Jime representing Benue State and an attempt by other members to restrain him led to an open confrontation, which sparked exchange of blows by members including Mr Jime, Mr Dino Melaye (Kogi State) and Mr Samuel Sejoro (Lagos).Other members who were there as observers tried unsuccessfully to restrain them.

Chairman of the committee, Mr Idoko, made strenuous efforts to restore order but his voice was drowned in the din and Mrs. Etteh, surrounded by security personnel and other aides, had to be spirited out of the venue.

Thereafter, chairman of the investigative committee announced an adjournment, adding that subsequent sessions of the committee would now be in camera amidst protests from other members of the committee.

The Speaker had arrived the venue of the sitting at about 10a.m even before the arrival of members of the committee who came in about 10 minutes later but the session could not start because many of the committee members were yet to arrive on account of the confusion, which arose from the timing that had been announced during the last sitting.

Mr Idoko apologised for the mix up and explained the decision of the committee to hear the testimony of the Speaker first rather than that of her deputy, Mr Babangida Nguroje, who was next on the order of appearance.He said the change in the order of appearance was necessary to enable the Speaker to go back to the chambers to preside over the plenary session for the day.
Female Reps restrained from exchange fisticuffs

As the committee adjourned, the confrontation shifted to the chambers where members began a fresh row. Saadatu Sani representing Kaduna State, Betty Abiafe from Rivers State and Mercy Almona-Isei were physically restrained from attacking one another by other members on the floor of the House before the arrival of the Speaker.
Nobody has monopoly of violence — Etteh

When the plenary session started at about 11.05am, a fuming Mrs. Etteh said after offering the opening prayers that “nobody had a monopoly of violence” and admonished members to embrace peace.The incident dominated the discussion in the plenary with Mr Leo Ogor representing Delta State moving that the fighting incident be referred to the House Committee on Ethics and Privileges for investigation, a position supported by Tam Brisibe from Delta State.
He argued that the incident was totally “unparliamentary” and that aborting the hearing had denied the Speaker an opportunity to be heard. “The Speaker remains the Speaker until she is removed. We as parliamentarians talk of due process but we violate it. It is insulting to use offensive language,” he said.

Mr Olaka Nwogu representing Rivers State cautioned the House from rushing into judgment, saying it was necessary to wait for the emergence of all the facts. According to him, “at moments like this, a parliament that distinguishes itself should be careful. I believe it is wrong to characterise anybody especially the Speaker.

“At the same time, whatever happened, the next step must be left to the investigative committee, which has the responsibility to report to the House,” he said and was supported by the Minority Leader of the House, Mohammed Ali Ndume.Mr Stanley Ohajuruka from Abia State proposed that the House should resolve the contending issues in an executive session where members would be free to voice their worries, saying if that was not done, “I see a situation of things getting out of hand.”

Mohammed Sani Abdul supported this, stressing the need for the House to speak with one voice and not to allow emotions becloud their reasoning.

He noted: “The House is burning inside. Everyone has something to say. Let’s find time to hold an executive session so that everybody can let out steam and at the end of the day, things will be resolved. We should not destroy our democracy.”Based on the submissions, the House went into an executive session.
The Speaker put the question of whether or not to go into an executive session to a voice vote and it was adopted.Briefing the media later on the outcome of the executive session, chairman of the House Committee on Media and Publicity, Mr Eziuche Ubani, said the House agreed to rescind its decision to refer the lawmaker’s show of shame to the Ethics and Privileges Committee after the principal actors, Jime and Melaye, had apologised to the House.
“They apologised to the House and they apologised to Nigerians. The motion to refer it to the Ethics and Privileges committee has been reversed,” he said.

Ubani also said the House had granted a five-day extension to the committee to enable it complete its assignment, which has been affected by the death of a member of the House, Olusegun Oladimeji, from Oyo State, adding that the Speaker would now appear at a date to be chosen by the committee.

Similarly, he said the House had banned all members who have not been invited by the committee from going to the venue in an attempt to forestall a repeat of yesterday’s incident, adding that opposing camps in the House have resolved to stop holding meetings forthwith to give the committee a free hand to carry out their assignment, which he noted had been impaired by such activities.According to him, the overall objective of the House was to ensure that the committee was seen to be working effectively.


My defence, by Etteh
Meanwhile, Mrs. Etteh in her written defence said: “The need to renovate and upgrade the houses in question was conveyed to me by the management of the National Assembly when it drew my attention to the obvious lapses and inadequacies in the structures that ought to house the presiding officers.”

Her words: “First, it was pointed out by the management of the National Assembly in its memo to the Body of Principal Officers that the official residence of the Honourable Speaker had not undergone any major renovation since 1999. It, therefore, required major reconstructions, renovations and upgrade. I hereby submit the memo under reference as Annexure 1.“Second, it was observed by the management of the National Assembly that the entire complex as at time in question was bare of furniture and household utilities. By government policy, the life span of the official furniture is four years.“Therefore, it is the normal practice to renovate official quarters and provide furnishing when the tenure of the occupant expires.

“Third, apart from the fact that the complex required total furnishing, it was also confirmed that the structure of the houses needed major structural, civil, mechanical and electrical engineering works. Some parts leaked, admitting rain and other elements into the room; some walls had crated and there were other structural defects that needed to be rectified to restore the buildings to functional use. The external parts of the complex also required rectifications. The Federal Capital Development Authority, FCDA, had also written the Clerk of the National Assembly, copying the immediate past Speaker, indicting the imminence of the demolition of the security post a distance away from the main House.

“Four, since 1999, the Deputy Speaker of the House of Representatives has no official residence. The official residence of the Deputy Speaker was commissioned about a year ago but has remained uninhabitable. Mr. Chairman, Honourable Members, let me quote from the statement of the Management of the National Assembly in this regard: ‘The National Assembly wishes to put on record that the value of the contract for the upgrade works including security system in the cluster of structures at the official residence of the Honourable Deputy Speaker is N90,269,225.25 while furnishing and fittings cost N55,200,000. 00.

This residence has never been occupied, because it is not habitable. The compound is located adjacent to a stream, and this makes it marshy especially during the rainy season. It is also close to a major storm drain which regularly overflows with storm water that causes substantial damage to the precincts. Moreover, the compound adjoins an uncompleted and abandoned fire station as well as the only recreation facility for Apo quarters. It, therefore, demands extensive re-engineering works to enhance security, improve the technical status of the structures and avail the entire premises a facelift.’“This is tendered as Annexure 2.
Procedures and due process

“It was after exhaustive consultations on the best way forward that the management of the National Assembly invited, by selective tender, bids for the execution of the contracts to upgrade, renovate and furnish the official residences of the Presiding Officers. I understand that the recourse to the government-approved option of selective tendering was dictated by the desire to protect the security of the residents which are regarded as security sensitive.

“Mr. Chairman, I invite you to note that as Speaker of the House of Representatives, I am the Chief Executive of the House while the Clerk of the National Assembly is the Chief Accounting and Administrative Officer of the National Assembly. All correspondences to the House are addressed to the Speaker. Where correspondences are routed to any other person, approval to initiate action or any matter in relation to the House must be given by the Speaker.

“I further wish to place on record that since 1999, except for a brief period, I have served as a Principal Officer of the House. In that capacity, I had participated as a member of the Body of Principal Officers. I have thus gained experience in the operation of the Body and the National Assembly procedure for the award of contract.

“The established procedure was complied with in the award of the six contracts in question. I only participated, as usual, in the meeting as member of the Body of Principal Officer; in this case as the Chairman.

“The Body of Principal Officers was called upon at the Tenders’ Board meeting to approve the contracts based on the recommendations of the management of the National Assembly. Their recommendation and record of the decisions taken are contained in the memoranda and the minutes of the meting respectively which are already in your possession.

"It will interest members of the Committee to note that the memo to renovate, upgrade and furnish the residences of the Presiding Officers originated from the Office of Clerk of the House of Representatives. On receipt of the quotations, I minuted them to the Clerk of the National Assembly (CNA) to process. The CNA thereafter directed the Director of Estate and Works (DEW) to process and who in-turn passed same to the Chief Architect to analyse, vet and bring up. From the documents placed before me and the Body of Principal Officers, the Chief Architect confirmed to have carried out a comprehensive analysis of the bill of quantities which inevitably caused the reduction of the contract sum submitted by the lowest bidder from N242, 478,279.00 to N238,852,192.90 (see Annexure 3). For the avoidance of doubt, it is pertinent to state therefore that the contract for the renovation and upgrading of the residence of the Speaker was awarded at the recommended sum ofN238,852,192.90 and NOT N628,000;000 as being touted by those who are out to malign my good name and the office of the Speaker.
10 bedrooms, 7 sitting rooms others buildings in Speaker's residence

“Suffice it to say that the contract sum for works on the Speaker's residence was to be extended on renovating and upgrading of the main house which contains 10 bedrooms, seven sitting rooms, a private office, a study and other facilities.

“There were also a 3-bedroom Guest House, a 3-bedroom ADCs House, a 4-bedroom domestic staff House, a reception block, a radio room, a power house and lock-up garages. It was also to be expended on the construction of a new security house, relocation of the mosque in the compound, the construction of a chapel, furnishings, fittings, communication gadgets and one-year maintenance fee. This also applies largely to the Deputy Speaker’s house except that in his case, the fence of the compound, as a result of the precarious location of the house, needed to be upgraded. A generating set and security devices were to be purchase and installed.

“Mr. Chairman and Honourable Members, it may interest you to also know that of the contract sum of N238,852,129.90 only N59.7 million representing 25% of the contract sum has been paid to date. This amount (N59.7 million) was guaranteed by a bank bond of the value of Nl8l million.

“On the issues of purchase of vehicles, I wish to state that the 10 vehicles were for the use of all the Principal Officers of the House of Representatives as approved by the Revenue Mobilisation, Allocation and Fiscal Commission. Since it is generally accepted in civil service regulation that the life span of a vehicle attached to a public officers which they used for four years had been sold to them. This necessitated that new set of vehicles had to be purchased for the new principal officers. You may wish to know, Mr. Chairman and Honourable Members, that up to date the vehicles have neither been supplied nor paid for. It is therefore incorrect, mischievous and indeed a misinformation for anybody to say that, I the Speaker, purchased 10 vehicles for use.

Alleged pressure on management of the N/A to award contracts
“Nothing can be further from the truth. It is germane to state the circumstances under which the contracts were awarded.“First, the official residence of the Speaker is not an ordinary residence; it is also a symbol and reflection of the status of the House of Representatives. It is common knowledge that the official demands of my office as presiding officer of the House and, by the special grace of the Almighty God, the official number four citizen of our country, make it practically impossible to play host to all important national and foreign personalities during official hours. As the Speaker, I am entitled to a decent and secured environment where these categories of people can be received and hosted.

“It, therefore, became imperative to expedite work on the official residence of the Speaker, since my private residence at Gwarinpa was not suitable.

“It is worthy of note that after my election as the Speaker, I should have enjoyed the privilege of moving immediately into a Presidential suite in a five-star hotel for 107 days which would have gulped over N244,000,000.00 but I rejected this official hotel accommodation provided for me and elected to stay instead in my Gwarinpa private residence. I also directed the Deputy Speaker and all our aides to follow suit. We equally refused to take any money in lieu of hotel accommodation and none of our aides did.

“As a member and now as Speaker, I am committed to service. I am not in any way driven by extravagance, comfort or personal gain. Any responsible officer eager to perform would definitely keep on their toes all those whose duty it was to ensure that the renovation and upgrading works were completed on time to enable us move into our official residences.
Possible lapses in contractors documents

“I wish to state categorically that it is not my responsibility as Speaker or Chairman of Body of Principal Officers to vet contract documents. In all the tender and contracts award documents before you, there was no place where the management that proposed, vetted and recommended the contracts and contractors to the Body of Principal Officers drew our attention to any defect in the documents.

“Notwithstanding, I did not fail to exercise political judgment and due diligence. Permit me Mr. Chairman to quote the minutes of the meeting in issue where clarifications were sought from management:I present the minutes as Annexure 4.Conclusion

“Mr. Chairman and Honourable Members, from the foregoing it is evident that the allegations against my person and office are tissues of lies, misinformation and blackmail. The orchestrated and well oiled negative campaign against me was designed to tarnish not just my image and integrity but to dent the image of the House and foist permanent instability in an otherwise relatively peaceful and stable House. Democracy can only thrive when you have a stable, virile and focused legislature.

“The House of Representatives since the days of former Speaker, Honourable Ghali Umar Na’Abba, and up to date has enjoyed reasonable stability. This has made it possible for the House to exercise its independence, carry out effectively its law-making and oversight functions. The present attempt to destabilise the House using personal and parochial issues should not be allowed to derail our focus.

“Mr. Chairman and respected Members of this Committee, I have established from my body of evidence that:•There was an obvious need to renovate, upgrade and furnish the residences of the Speaker and Deputy Speaker. The case for such work was clearly established by Management of the National Assembly even before I became Speaker.

•There was an obvious need to purchase the 10 Nos vehicles for the principal officers of the House as approved by the Revenue Mobilisation, Allocation and Fiscal Commission and funds provided for in the 2007 Appropriation Act.

•The Tenders Board of which I am the Chairman acted on the professional advice of the Management of the National Assembly who themselves are members and were present at the meeting. Their recommendations and the decisions reached are in the memoranda and minutes of the meeting already in your possession. Mr. Chairman, financial and administrative competence of the management.

•The contract sum for the renovation and upgrading of the residence of the Speaker is N238,852,198.95 and not N628,000,000•The contract sum for the renovation and furnishing of the Deputy Speakers residence is N90,269,225.25 and N50,200, 000.00•The Speaker’s residence comprises the main house which contains 10 bedrooms, 7 sitting rooms, a private office, a study and other facilities. There was also a 3-bedroom Guest House, a 3-bedroom ADCs House, a 4-bedroom Domestic staff House, a reception block, a radio room, a Power House and Lock-up Garages.

•The vehicles for the Principal officers have neither been supplied nor been paid for.•Out of the contract sum of N238,852 198.95 only N59.7 million has been paid to date and this amount is guaranteed by a bank bond for a value of N18l,000 million.

•As at today, no money has been paid in respect of the upgrading works or the furnishing of the Deputy Speaker’s residence.•It is my responsibility as Speaker and Chairman of the Body of Principal Officers to process Contract documents.
I remain patriotic —Etteh

“Mr. Chairman and Honourable Members, my pledge to Nigeria is that I will remain patriotic in the discharge of my duties to the House and the people of Nigeria.
“Finally, Mr. Chairman, the motion which led to the setting up of this Committee prayed the House do set up an independent Ad-hoc Committee cutting across parties to thoroughly investigate the matter with a view to restoring the integrity of the House and its leadership.

“I have faith in your impartiality and independence and I am confident that my testimony this day has cleared the hazy clouds hovering over this matter and that I have succeeded in restoring the integrity of the House and its leadership.“May God bless you as you discharge your assignment without fear or favour, or ill-will.”

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