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Lagos Insists On True Federalism As Public Hearing On Constitution Review Begins

Dec 14, 2009 - As the South-West Sub-Committee of the Senate on the review of the 1999 Constitution begins public hearing in Lagos, the people and Government of the State Monday insisted on true Federalism as the only roadmap to a united Nigeria.

Chairman of the Committee charged with the articulation of a position paper for Lagos on the issue, Alhaji Femi Okunnu, who disclosed this in an interview with journalists at the Lagos House, Alausa, Ikeja, also revealed that the State wants the Federal Government to surrender some of the functions which are constitutionally meant for the states to discharge.

According to Alhaji Okunnu, who led his committee to submit to the State Governor, Mr. Babatunde Fashola (SAN), memoranda containing the position of the State on the constitution review, one of such functions is Land which, he explained, has never been a Federal Government function, pointing out that the Federal Government has no Constitutional power to legislate on Land.

“The Federal Government’s intention to amend the Land Use Act under the disguise of amending the Constitution is an exercise in futility.

The Land Use Act is an aberration. The Federal Government has no right to make laws on Land. The same thing goes with Housing. The Federal Government did not truly engage in these two fields unless the power given it under the Emergency Powers Act when the Constitution was suspended”, he explained

Another area where the State has taken position, Alhaji Okunnu said, is on the issue of Local Government on which he said the Federal Government has no business and the issue of Special Status for Lagos which he confirmed is part of the memoranda to be submitted to the Senate South-West Sub Committee.

“Local Government has no place in the Constitution of Nigeria or any federal constitution anywhere in the world. Local Government is the function of state governments and so we are of the opinion that Local Government should go back to the states so that the various states can determine the type of local governments they want”, he said.

The Chairman, however, said the State suggested that section 7 of the Constitution which preserves a democratically elected local government system and all functions assigned to them should be retained while the creation and boundary adjustment of local government and others should be left for the states.

He said the State also took position on revenue allocation to the extent that each state should have a definite percentage of accrual from the Federation Account which should go back to the state of origin.

“We are suggesting that 25 percent of whatever rents or profits which come under the Federal Account should go back to the state where the rent or profit accrued. The Federal Government should retain only 25 percent while the remaining 50 percent should go into the distributive pool for the states of the Federation”, he said.

According to him, under the 1960 Constitution, the Federal Government was entitled to 20 percent of this to discharge the functions which are in the Exclusive Legislative List but over the years, especially from 1999, the Federal Government has taken between 52 and 54 percent from the fund.

Earlier in his address after receiving the memoranda, Governor Fashola had thanked the Committee for not only agreeing to serve the State in that capacity, but also doing so in a very efficient manner by giving very diligent participation.

According to the Governor, when he attended one of the Committee’s sessions where it presented some of the issues under its consideration, “it was very clear to me that detailed consideration has been given to those issues that agitate the minds of our people”.

Commending the members for a job well done Governor Fashola declared, “This will assist the Senators and representatives of the National Assembly to arrive at the right Constitution that will give us a true Federation in which we will all find expression”.

Other members of the Committee who were also present at the presentation in the Executive Council Chambers are, Engnr. Hameed Onipede, Chief Olorunfunmi Bashorun and Ms Tawa Williams.