Developing a roadmap for CSO engagement with constitution reform, a Communique

CONSTITUTION REFORM IN THE 8^TH NATIONAL ASSEMBLY: DEVELOPING A ROADMAP FOR CSO ENGAGEMENT WITH THE PROCESS

DATE: Monday, 29 February 2016

VENUE: Transcorp Hilton Hotel, Abuja

TIME: 9:00am

 COMMUNIQUE

Introduction

Policy and Legal Advocacy Centre (PLAC) convened a meeting of Civil Society Organisations (CSOs) and other stakeholders to deliberate on the issues surrounding amendments to the 1999 Constitution. More than fifty Civil Society Organisations (CSOs) working on political, social and economic issues around the country, several of whom participated in the last effort by the National Assembly at amending the Constitution, attended the meeting.

The meeting was aimed at bringing civil society groups together to discuss ways of effectively engaging the National Assembly in its Constitution Review process. It was also aimed at initiating early deliberations and articulating outstanding issues that could feed into the work of the Constitution Review Committees of the 8^th Assembly.

Invited resource persons with expertise in Constitution and Electoral Reform issues delivered presentations at the meeting. They include Mr. Tayo Oyetibo, SAN; Barr. M.D. Hassan, Director of the Legal Drafting Department of the National Assembly; Ms. Ayo Obe, former President of the Civil Liberties Organisations (CLO); Hon. Nnaemeka Ughanze, former member of the House of Representatives; Dr. Abiola Akiyode-Afolabi, Executive Director of Women Advocates Research and Documentation Centre (WARD-C) Lagos; and, Prof. Offornze Amucheazi, Professor of Law at Nnamdi Azikiwe University and lead consultant to the Senate Constitution Review Committee in the 7^th Assembly.

Their presentations centred on the following issues:

1. Background & Current Status of the National Assembly’s Constitution Review Process;
2. Outstanding Issues from the last Constitution Alteration Bill;
3. Constitutional and Legal Gaps in the Adjudication of Election Matters;
4. CSO Strategy for Engaging the Next Round of Constitution Reform; and,
5. Critical Resolutions of the National Confab for inclusion in Constitution Reform.

 Observations

After extensive deliberations, participants made the following observations bordering on process and key constitutional issues:

The process issues include:

• That CSOs need to ensure that the general public is not disengaged from the process of constitution reform.
• That CSOs need to adopt a position on the outcome of the National Conference organised by the last administration.
• That CSOs need to understand and consider the politics of constitution amendment.

Key specific constitutional issues include:

• The need to sustain the advocacy for autonomy of local government councils;
• The need to make justiciable, the social and economic rights that are outlined in the Constitution;
• The probability of amending section 50 (1) (a) & (b) of the Constitution to clearly indicate the process of election of certain principal members of the National Assembly to address the current controversy on this issue; and,
• The need to address the following electoral reform issues:
  • The lacuna in the Constitution and Electoral Act on the death and withdrawal of candidates.
  • Regulation of electoral campaign expenses.
  • 180 days time limitation for election petitions as it relates to interlocutory appeals.
  • Use of the Electronic Card Reader in elections.

Resolutions

After extensive deliberations, the participants reached the following resolutions:

1. That the National Assembly should use the amendments contained in the Constitution (4^th Alteration Bill) as a basis for passage of amendments to the Constitution.
2. That in the light of the recently concluded 2015 General Elections and judicial decisions made by Election Tribunals and Appellate Courts, the National Assembly should take Electoral Reforms on board as it amends the Constitution.
3. That the National Assembly should indicate a clear time frame for passage of amendments to the Constitution.
4. That the National Assembly should strive to conclude the amendments within the shortest time possible so as to avoid a protracted process.
5. That amendments to the Constitution should be phased into two – first, passage of the 4^th Alteration Bill vetoed by the former President, Goodluck Jonathan and second, fresh issues raised from the National Confab and other emerging issues.
6. That the National Assembly should take a wholistic approach in amending the Constitution as against amending piecemeal.

Conclusion

Participants commended the convening as being timely and crucial in the preparation towards effective engagement with the constitution review process and committed themselves to carrying out advocacy around the issues raised at the meeting.