A proposal on regional government in Nigeria is set to be sent to President Bola Tinubu next week, marking a significant step towards potential constitutional change.
The drafter of the private bill, Dr. Akin Fapohunda, who had previously indicated his intent to engage with members of the National Assembly before the bill’s transmission, explained his decision to send the proposed law directly to President Tinubu.
He hopes that the President will present the proposal to the parliament as an executive bill.
The bill, advocating a return to the regional system of government, aims to address long-standing concerns regarding the current federal structure established under Decree 24 of 1999, which was implemented by the then Military Government without the explicit consent of the Nigerian people.
The proposed law is currently before the National Assembly and is expected to be passed into law before October 1, 2024.
A draft of the bill, seen by SaharaReporters, outlines several key points. It begins with a preliminary section stating:
“Whereas Nigeria, its Peoples, and Government have been governed under Decree 24 of 1999 without the express consent of the people despite the preamble of ‘We the people.’
“Whereas the said Constitution of the Federal Republic of Nigeria 1999 (as Amended) does not evolve from the deliberations and consensus of the Nigerian People.
“Whereas the Peoples of Nigeria now desire and effectively demand a change to a Constitution based on a Federal/Regional System of Government.”
The draft continues to emphasize that the Federal and Regional governments will operate within the provisions of the new Constitution, allowing ethnic blocs within states to aggregate or disaggregate into Provinces, Divisions, and Districts.
This structure would enable these regions to manage their affairs independently, without interference from higher levels of governance.
Moreover, the draft highlights the current 1999 Constitution as an extension of a military decree, now considered an Act of the National Assembly.
It proposes that the National Assembly has the power to amend or abrogate this decree as necessary, invoking the doctrine of necessity to resolve any legal issues for the nation’s good governance.
In the substitution clause (PART II), the drafters suggest that the National Assembly should use its inherent powers to remove the schedule attached to Decree 24 of 1999 and replace it with a new governance model for Nigeria, effective no later than October 1, 2024.
This amendment would be subject to a referendum, allowing the people of Nigeria to vote yes or no.
The governance structure under PART III stipulates that Nigeria shall be a Federation comprising Regional Territories and a Federal Capital Territory, known as the Federal Republic of Nigeria.
The draft details the territorial jurisdiction of Nigeria, which will include the territories of the Regional members of the Federation, with boundaries determined by international agreements.
Furthermore, the draft outlines the basis of the Federation, stating that every Ethnic Nationality and People in Nigeria have an unconditional right to self-determination within their territories.
It emphasizes the sovereignty, powers, and authority of ethnic nationalities to formulate association articles for any reform of the Central Federal Government.
Each ethnic group also has the right to self-government, including the establishment of governmental institutions in their inhabited territory and equitable representation in both Federal and Regional Governments.
Finally, the draft defines an “Ethnic Nationality or People” as a group sharing a common culture, customs, language, beliefs, and psychological makeup, inhabiting a specific territory.
This detailed framework aims to ensure a more inclusive and representative governance model, reflecting the diverse makeup of Nigeria’s population.
As the proposal moves forward, it represents a significant opportunity for Nigeria to reassess and potentially restructure its governmental framework, addressing historical grievances and paving the way for a more autonomous and regionally empowered future.
