‘Restructuring possible without constitution amendment’– Agbakoba SAN

National Intervention Movement Co-chairman Dr Olisa Agbakoba
(SAN) yesterday said the country can be restructured
administratively pending constitution amendment.

According to him, while restructuring, which he described as
power transfer “from exclusive Federal list to concurrent state
list”, will involve constitutional alteration, administrative
devolution of powers could be deployed in the interim.

He said it will involve administrative transfer of power from
the centre to states pending constitutional power devolution.

This, he said, will be a temporary measure before constitutional
restructuring.

“The Federal Government can administratively devolve powers to
states by Executive Order,” Agbakoba said.

The former Nigerian Bar Association (NBA) President, who chairs
the Peoples Trust Party (PTP), spoke at a briefing in Lagos.

Agbakoba, who also chairs the third force political parties,
said restructuring should be top on the list of political
agenda.

“The Constitution requires that two-thirds of the 36 states, the
Federal Government and the National Assembly participate in
restructuring. That may take a bit of time.

“There are things that can be done immediately through
administrative restructuring. The Federal Government can make
statutory transfers to the states.

“For example, the President can receive money for a Federal road
in Anambra and transfer the money to the state government to
execute

“There are so many things the Federal Government is doing. You
see Minister of Transport Rotimi Amaechi and his power, works and
housing counterpart Babatunde Fashola (SAN) everywhere, up and
down. But there are commissioners of works.

“The Federal Government can prepare the budgets, because under
the Constitution, the Federal Government does roads. But if they
budget for a particular road and it is touching two states – Lagos
and Oyo for instance, you can call the governors and give them the
money.

“That way, you begin to free yourself from the challenges of a
big federation. If we do this, we’ll see substantial change,”
Agbakoba said.

The SAN called for a national order, which he described as a
stable arrangement of systems, as opposed to social chaos as seen
in existing structures.

“It is crucial to stabilise our national disunity. This is why
restructure is vital. Examples of national order include: the
treaty of Westphalia, the treaty of Vienna, the League of Nations,
and Mutual Assured Destruction (MAD) etc. In Nigeria, there is
none. This is a big issue.

“Without resolving issues around a stable national order,
Nigeria will continue to be disunited. And we cannot move. This,
therefore, is issue No.1 – the Big Issue,” he said.

Tied to political devolution, Agbakoba said, is the notion of
strengthening institutions.

To him, the Federal Government is weak because it is made up of
weak institutions.

He suggested the adoption of Chapter 9 of the South African
Constitution, so that institutions such as the Independent National
Electoral Commission (INEC), the Police, anti-graft agencies,
Judiciary, Accountant General, among others, are assured to work
free of interference.

This, he believes, will limit impunity and improve independent
action, as according to him, “strong institution is a critical big
issue for good governance”.

Agbakoba described the justice sector as dead, adding that legal
failure has had massive impact on economic development.

“The legal and justice sector has suffered institutional failure
over the last three decades. Comprehensive and radical reform of
the legal and justice sectors is overdue. The rule of law is vital
to economic development. But lip service is paid to this vital
process.

“Investors, whether local and international, will not invest in
a lawless country. We must give urgency to this sector and reverse
legal failure. A speed of justice strategy will reduce delays.”

On the way out, he called for new methods of dispute resolution,
such as Alternative Dispute Resolution, small claims courts,
traditional and customary arbitration, as well as a major centre
for investment disputes resolution.

He advocated the establishment of quasi-judicial sector-based
administrative tribunals, following the UK example.

“In England there exist many administrative courts to cover
telecommunications, taxation, transportation, insurance, education,
financial services, trade, investments, etc.

“The impact on Nigeria will be enormous as consideration may be
given to devolving judicial power from Federation to state level,”
he said.

Agbakoba said the government must pay attention to the three
critical policies of economic governance: monetary, fiscal and
trade.

On monetary policy, he called for a reduction of lending rates
to single digit to encourage business growth. To him, borrowing at
20 per cent is crazy.

On fiscal policy, Agbakoba advocated the expansion of money
supply to meet expenditure and other needs –without which
government cannot fund its money requirements.

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