I welcome you all to Lagos. Let me start by thanking you for
your commitment to the ongoing process by the legislature to review
the Constitution of the Federal Republic of Nigeria. I must also
state that Lagos State has always responded and participated in
several review exercises and calls for amendments of our
Constitution as initiated in the past by the National Assemblies in
2005, 2009 and 2011. We will continue to do so.
The defining feature of federalism is the autonomy and
recognition of the separateness and independence of each government
that makes up the federation. If this is true, we must therefore
ask ourselves these salient questions:
- Why should states be precluded from performing several
important constitutional responsibilities? - Why does the Federal Government hold legislative and executive
powers on matters of local concern which over-stretch its
administrative and supervisory abilities?
iii. Why should the Land Use Act, NYSC Act, Code of Conduct Act
form part of the Constitution?
- Should we not have a sharing formula that ensures that states
and local government councils are empowered to discharge their
constitutional responsibilities? We need to be truthful and frank
about fiscal federalism. - Should the Constitution not confer power on state Houses of
Assembly to establish state police with clear jurisdiction and
well-articulated protocols for the regulation of its relationship
with the federal police?
Ladies and gentlemen, these questions are at the centre of the
issues Lagos State wants addressed in this constitutional review.
We must identify and address the provisions in our constitution
which have become stumbling blocks in the spirit of true federalism
and in our efforts to fully realise our potential in all sectors of
the nation.
Some selected areas identified by our state for amendment are as
follows:
The executive list and devolution of powers
We believe that the principle of appropriateness should guide
the sharing of powers between the federal and state governments.
Our political experience and long era of military rule has resulted
in the Exclusive Legislative List being tilted heavily in favour of
the Federal Government at the expense of the state governments.
The effect is that whilst the states are precluded from
performing several important constitutional responsibilities, the
Federal Government is equally unable to function effectively as it
holds legislative and executive powers on matters of local concern
which over-stretch its administrative and supervisory
abilities.
Land use
It is the position of the Lagos State Government that the Land
Use Act be separated from the Constitution and made applicable only
to the Federal Capital Territory. Land has always been and should
remain a residual matter for the state Houses of Assembly to
legislate upon, hence the Land Use Act should become Land Use Law
of the states.
Revenue allocation/special status
The current revenue allocation formula by which the Federal
Government takes as much as 52.68% of centrally-collected revenues
in the Federation Account, leaving the states and local governments
with 26.72% and 20.60% respectively has created a glaring and
unacceptable imbalance in the financial resources of the three
tiers of government.
The sharing formula should be limited to federal and state
governments. Since local governments are to come under the purview
of the states, allocations to them should be shared to states as
they can have as many local governments as they wish. The 774
formula is inequitable.
We also strongly posit that Lagos State be granted a special
status in the proposed Constitutional amendment being the former
federal capital territory of Nigeria, the economic and commercial
nerve centre of the nation, taking into cognisance of the high
population density and continuous influx of people into it.
State policing
Over the years, the Federal Government has been unable to
prioritise and provide the resources that are necessary to pay,
equip and train policemen to the level required by the challenges
they face. With about 300,000 policemen to a population of more
than 140 million (a ratio of 1 to 467), it is obvious that Nigeria
is grossly under-policed.
These inadequacies are most keenly felt in the more populated
areas of Nigeria like Lagos and in spite of a growing army of
educated job seekers flocking the cities, this inadequacy in the
number of policemen has not been remedied due to funding
constraints and administrative inefficiencies of the Police Force
itself.
For a state like Lagos, the problem is particularly acute. With
a population of over 22 million people and the most rapid
population growth profile in Nigeria, the inadequacies of the
security system have been most keenly felt. We have had to take
some radical steps to aid the force and bring succour to our
people.
We have had to inject huge financial resources to support all
security agencies in the state. However, this level of involvement
is still inadequate, mainly because the state government has no
influence over the number of men recruited for or deployed to Lagos
State and the operational command of the force within the
state.
It is the position of Lagos State Government that the provision
of Section 214 (1) should be amended allowing the states to
establish their own state Police Service.
Federal land registry
It is an aberration for the Federal Government to continue to
operate land registry in Lagos State. The Federal Land Registry
which was established when Lagos was Federal Capital Territory
ought to have been closed down and all title therein moved to the
Lagos State Land Registry. The National Assembly is urged to look
into this and correct this anomaly.
I will also like to seize the opportunity of this occasion to
express to you the imminent dangers inherent in the proposed stamp
duties bill which no doubt seeks to cripple the internally
generated revenue due to states in the federation in favour of a
Federal Government Agency- NIPOST.
The bill is presently before the National Assembly and it is a
grave threat to the principles of fiscal federalism and as
representatives of the true beneficiaries of the Act as it
presently stands, there is need to put an urgent and immediate end
to its further coordination by the National Assembly which also has
the noble tradition that once a matter is before the court, all
activities on the matter would be suspended. Lagos State Government
in Attorney General of Lagos State Vs Attorney General of the
Federation has approached the Supreme Court on this matter.
The Lagos State Government is committed to transforming Lagos
into a thriving state where the quality of the lives of its
citizens is guaranteed through legal parameters. It is therefore
our hope and earnest expectation that the proposed amendments will
be given due consideration.
On this note, I have the great pleasure of declaring this
retreat open and wishing you a successful deliberation.
I thank you for your attention.
Itesiwaju Ipinle Eko lojewalogun
Governor Ambode of Lagos State delivered
this speech to the Constitutional Amendment Committee of the
National Assembly last week in Lagos
I welcome you all to Lagos. Let me start by thanking you for
your commitment to the ongoing process by the legislature to review
the Constitution of the Federal Republic of Nigeria. I must also
state that Lagos State has always responded and participated in
several review exercises and calls for amendments of our
Constitution as initiated in the past by the National Assemblies in
2005, 2009 and 2011. We will continue to do so.
The defining feature of federalism is the autonomy and
recognition of the separateness and independence of each government
that makes up the federation. If this is true, we must therefore
ask ourselves these salient questions:
- Why should states be precluded from performing several
important constitutional responsibilities? - Why does the Federal Government hold legislative and executive
powers on matters of local concern which over-stretch its
administrative and supervisory abilities?
iii. Why should the Land Use Act, NYSC Act, Code of Conduct Act
form part of the Constitution?
- Should we not have a sharing formula that ensures that states
and local government councils are empowered to discharge their
constitutional responsibilities? We need to be truthful and frank
about fiscal federalism. - Should the Constitution not confer power on state Houses of
Assembly to establish state police with clear jurisdiction and
well-articulated protocols for the regulation of its relationship
with the federal police?
Ladies and gentlemen, these questions are at the centre of the
issues Lagos State wants addressed in this constitutional review.
We must identify and address the provisions in our constitution
which have become stumbling blocks in the spirit of true federalism
and in our efforts to fully realise our potential in all sectors of
the nation.
Some selected areas identified by our state for amendment are as
follows:
The executive list and devolution of powers
We believe that the principle of appropriateness should guide
the sharing of powers between the federal and state governments.
Our political experience and long era of military rule has resulted
in the Exclusive Legislative List being tilted heavily in favour of
the Federal Government at the expense of the state governments.
The effect is that whilst the states are precluded from
performing several important constitutional responsibilities, the
Federal Government is equally unable to function effectively as it
holds legislative and executive powers on matters of local concern
which over-stretch its administrative and supervisory
abilities.
Land use
It is the position of the Lagos State Government that the Land
Use Act be separated from the Constitution and made applicable only
to the Federal Capital Territory. Land has always been and should
remain a residual matter for the state Houses of Assembly to
legislate upon, hence the Land Use Act should become Land Use Law
of the states.
Revenue allocation/special status
The current revenue allocation formula by which the Federal
Government takes as much as 52.68% of centrally-collected revenues
in the Federation Account, leaving the states and local governments
with 26.72% and 20.60% respectively has created a glaring and
unacceptable imbalance in the financial resources of the three
tiers of government.
The sharing formula should be limited to federal and state
governments. Since local governments are to come under the purview
of the states, allocations to them should be shared to states as
they can have as many local governments as they wish. The 774
formula is inequitable.
We also strongly posit that Lagos State be granted a special
status in the proposed Constitutional amendment being the former
federal capital territory of Nigeria, the economic and commercial
nerve centre of the nation, taking into cognisance of the high
population density and continuous influx of people into it.
State policing
Over the years, the Federal Government has been unable to
prioritise and provide the resources that are necessary to pay,
equip and train policemen to the level required by the challenges
they face. With about 300,000 policemen to a population of more
than 140 million (a ratio of 1 to 467), it is obvious that Nigeria
is grossly under-policed.
These inadequacies are most keenly felt in the more populated
areas of Nigeria like Lagos and in spite of a growing army of
educated job seekers flocking the cities, this inadequacy in the
number of policemen has not been remedied due to funding
constraints and administrative inefficiencies of the Police Force
itself.
For a state like Lagos, the problem is particularly acute. With
a population of over 22 million people and the most rapid
population growth profile in Nigeria, the inadequacies of the
security system have been most keenly felt. We have had to take
some radical steps to aid the force and bring succour to our
people.
We have had to inject huge financial resources to support all
security agencies in the state. However, this level of involvement
is still inadequate, mainly because the state government has no
influence over the number of men recruited for or deployed to Lagos
State and the operational command of the force within the
state.
It is the position of Lagos State Government that the provision
of Section 214 (1) should be amended allowing the states to
establish their own state Police Service.
Federal land registry
It is an aberration for the Federal Government to continue to
operate land registry in Lagos State. The Federal Land Registry
which was established when Lagos was Federal Capital Territory
ought to have been closed down and all title therein moved to the
Lagos State Land Registry. The National Assembly is urged to look
into this and correct this anomaly.
I will also like to seize the opportunity of this occasion to
express to you the imminent dangers inherent in the proposed stamp
duties bill which no doubt seeks to cripple the internally
generated revenue due to states in the federation in favour of a
Federal Government Agency- NIPOST.
The bill is presently before the National Assembly and it is a
grave threat to the principles of fiscal federalism and as
representatives of the true beneficiaries of the Act as it
presently stands, there is need to put an urgent and immediate end
to its further coordination by the National Assembly which also has
the noble tradition that once a matter is before the court, all
activities on the matter would be suspended. Lagos State Government
in Attorney General of Lagos State Vs Attorney General of the
Federation has approached the Supreme Court on this matter.
The Lagos State Government is committed to transforming Lagos
into a thriving state where the quality of the lives of its
citizens is guaranteed through legal parameters. It is therefore
our hope and earnest expectation that the proposed amendments will
be given due consideration.
On this note, I have the great pleasure of declaring this
retreat open and wishing you a successful deliberation.
I thank you for your attention.
Itesiwaju Ipinle Eko lojewalogun
Governor Ambode of Lagos State delivered
this speech to the Constitutional Amendment Committee of the
National Assembly last week in Lagos
Read more https://nairalaw.com/issues-that-should-drive-constitution-review/