By Igho Akeregha (Abuja), Olusegun Olanrewaju (Lagos), Cajetan Mmuta (Awka) and Ben Adoga (Abuja)
As the National Assembly reconvenes tomorrow for the clause-by-clause consideration of the 1999 Constitution amendment, Nigerian are expressing different opinions on immunity; consensus, independent candidacy, among others.

This came just as the Nigeria Labour Congress (NLC) said it would storm the National Assembly to demand autonomy for local governments and the judiciary.

The notification for the action was contained in a press statement by the NLC President, Ayuba Wabba over the weekend, and made available to ThisNigeria in Abuja.

The statement read in part: “As a follow up to the process of Constitution Amendment before the National Assembly especially on autonomy for local governments, judiciary and the legislature, the NLC wishes to inform you that Organised Labour is mobilising Nigerian workers for advocacy at the National Assembly on February 28 and March 1, 2022.

“Our mobilisation is to enable workers to make their voices heard on this very important legislation which we believe holds the key to the strengthening of our democracy, boosting our economy, and improving the lots of Nigerian workers at the grassroots, the Judiciary, and the Legislative arms of our government.

“Our show of support for ongoing legislative initiatives for constitution amendments, especially with regards to strengthening the autonomy for local governments, state legislature, and the judiciary is especially against the background of efforts to misinterpret recent Supreme Court judgment on Executive Order 10.”

Meanwhile, on Friday, President Muhammadu Buhari began the entire constitution amendment process by signing the long-awaited Electoral Act Amendment Bill 2022 into law. The brief ceremony took place at the Council Chambers of the Presidential Villa in Abuja.

Officially, there are about 68 items on the list of items for amendment list, but the toughest ones are predicated on –consensus candidacy, independent candidacy and constitutional immunity, Value Added Tax (VAT) collection, among others.

*Opinions
Experts and stakeholders bare their minds on some of the contentious areas of the constitutional amendment procedure the Buhari administration is grappling with.

A former president of the Trade Union Congress (TUC), Mr Peter Esele, opines that personal interests were involved in the clamour.

Decrying any attempt by the National Assembly to include an immunity clause for its principals in the constitution as enjoyed by presidents, governors, and their deputies, Esele said while the executive has fixed tenure of a maximum of eight years at a stretch, lawmakers could remain in office for as long as they kept winning elections, and should, therefore, not be entitled to constitutional immunity.

A university administrator, Abubakar Ibrahim, who is the spokesman of Federal University, Lafia, Nasarawa State, urged the 9th Assembly not to renew its vigour by arrogating itself passing a law for the principal officers to be granted immunity. According to him, such an undertaking goes beyond the primary role of the National Assembly -law-making.

He recalls the ‘tainted suspense’ that engulfed the 8th Assembly, which was marred with executive face-off which has now bludgeoned into the idea of immunity “whereas these lawmakers pushing for immunity could have kow-toed the same line and move on the line of honour as this will mock the nascent democracy, “which the legislature is its custodian.”
On immunity for legislators, Ibrahim, says the move is “possibly, the desire for the legislators to protect their leaders from civil and criminal prosecution.

“It was motivated by the travails of the immediate past president of the Senate, Bukola Saraki, who endured an extremely unpleasant court trial for the substantial part of his four-year reign over alleged breach of code of conduct for forgery of Senate rules.

“It may also have informed the quest of the legislators to enjoy similar privileges as the head of the executive arm of government.

“However, the fact that the entire members of the National Assembly and their counterparts in states enjoy immunity against prosecution for anything they say on the floor of the House, makes the latest call/provision suspicious.

“Universally, immunity avails lawmakers concerning their deliberations and other activities within the legislative chambers.

“Therefore, in a society suffused with poverty, ignorance, and squalor, it is really regrettable that our lawmakers would deem it fit and proper to contemplate providing constitutional immunity for themselves.”

He, therefore, submits: “This development is sad, and a disservice to the good people of this country, particularly so that it is coming at a time Nigerians are clamouring for the removal of immunity clauses for president, vice president, governors, and deputy governors, to promote good governance and tame corruption in all its ramifications.

“The National Assembly should not add insult to the injury we are nursing. The proposed immunity clause would make the beneficiaries to be more corrupt and encourage legislative rascality. The development is a huge setback for the rule of law.

“It is really unfortunate that parliamentarians make laws for the masses for trivial offences that want to protect themselves from any consequences for serious crimes of corruption and money laundering.”

Speaking on other areas, a chieftain of the Peoples Democratic Party (PDP) in Lagos State, Dr Olanrewaju Oshin, who harped on consensus candidacy, argues that it ‘saves time and cost’.

“People spend their money, time, and goodwill to contest. The only thing we tell them is that, you wait for new opportunities, you will get your chance,” he said.

The National Assembly may amend the constitution to include adding Value Added Tax (VAT) in the exclusive legislative list.

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A serving National Youth Service Corps (NYSC) member, Aniefiok Ekpenyong, said local government councils should be given total autonomy from the state government as this will help them run the affairs of the local government without interference from the state government. “We’ve seen cases where the state government sacks local government chairmen because they refuse to do his bidding.

The finances of the judiciary and legislature should be drawn from the first line charge as this will help them be truly independent and carry out checks and balances free without complying with the whims and caprices of the executive.

A site constructor, Utibe Dominic, told one of our correspondents in Abuja, “I’m still trying to weigh the disadvantages and advantages on whether it should be added to the exclusive list or the concurrent list. It will be an excellent decision if the judiciary and legislative finances are drawn from the first line charge as this will make them independent. “Financial autonomy is the beginning of the solution to Nigeria’s problems. It is when the legislative arm is truly independent that they are free to take certain drastic decisions.”

According to him, ‘total independence of the local government councils “will be one of the best things that will happen to Nigeria because it is part of the plan to restructure Nigeria. In most cases, the government makes improper deductions or even owes local government chairmen money, and at the end of the day, the local government chairmen become like boys or servants to the government because they are financially dependent on them. This would not be so if the LG bosses were given autonomy over their salaries.
“Furthermore, the local government chairmen can be held accountable for underdeveloped sectors, without having to point fingers at the governors.”

A lecturer in the Department of Mass Communication, Nnamdi Azikiwe University, Awka, Anambra State, Dr Obiora Edogor, in his reaction, said VAT should be in the concurrent list.

He pointed out, “This is very necessary because in many cases some states bear a lot of burdens through the activities of the organisations generating the VAT. So, the interest of states where the VAT would come out needs to be considered. That is why VAT has to be on the concurrent list.”

On the independence of the judiciary and legislature and finances drawn directly from the first-line charge, he adds, “I wholeheartedly support that the finances of the judiciary and legislature be drawn directly from first-line charges. That’s only when we can say that the two important arms of government that are very crucial to the people, and independent.

Executive Director, Association of Media Professionals Against Corruption and Injustice (AMPACI), Timi Johnson, opines, “As media professionals, we must be seen to support laws and legislation that will deepen democracy and deliver justice to all Nigerians.”