By Edet Edet & Kyte Usen

When the draft bill for Constitutional alteration or total overhaul of our constitutional democratic structure and character, if you may, that suggests regional government, Unicameral legislature, Executive Prime Minister and many others, first appeared in discourse weeks ago, it immediately went viral.

The draft bill, titled A Bill for an Act to Substitute the Annexure to Decree 24 of 1999 with a New Governance Model for the Federal Republic of Nigeria is authored by Akin Fapohunda. The draft bill was first drafted May 16, 2021 and was modified May 29, 2024.

The draft bill is divided into Seven Parts, of 18 pages.

The intention, purpose and clarity of the draft bill is captured in Part 1- Preliminaries.

“WHEREAS Nigeria, its Peoples and Government have been governed under Decree 24 of 1999 that was handed down by the then Military Government 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) is not autochthonous as it does not evolve from the deliberations and consensus of the Nigerian People

WHEREAS the Peoples of Nigeria now desire and effectively demand for a change to a Constitution based on Federal/Regional system of Government

WHEREAS the Federal and regional governments are to operate within the provisions of this Constitution, it is within the discretion of the ethnic blocs within the States that constitutes a given region to aggregate or disaggregate as Provinces, Divisions and Districts, while being in control of their affairs without let or hindrance at whatever level of governance

WHEREAS the 1999 Constitution as amended is a schedule of a military decree now deemed to be an Act of the National Assembly for which the National Assembly have the powers to amend and/or abrogate as expedient

WHEREAS the National Assembly where so necessary and expedient can invoke the doctrine of necessity to resolve any point of law for the good governance of the country Nigeria”.

From the Preliminaries and overall content of the bill, it was not difficult to see why the draft bill went viral.

But the attention that the bill received was however punctured when the House of Representatives denied knowledge, receiving or listing the said bill on its Order Paper.

Amidst this controversy, Fapohunda, author of the draft bill also said something.

“The President this week returned us to the old national anthem. At independence, Nigeria embraced a regional system of government. So, I felt we could also revisit the past and return to regionalism.

I have done a preliminary draft for Nigerians to ponder over. Next week, I will be seeing my representative in the House of Representatives. We hope that Senators and House members can embrace this modest proposal for a change.

If this is acceptable, we can then sit down and do a proper drafting of the bill,” he said.

Reports last week would seem to confirm that the draft bill may have moved more than a notch, since it went viral, despite the initial stance of the House of Representatives.

Punch newspaper reported exclusively that President Bola Tinubu is set to receive the draft bill this week.

In the story captioned; ‘Tinubu gets bill on regional govt next week’, written by Dirisu Yakubu, the Punch said the author of the draft bill, Dr Akin Fapohunda, confirmed he has chosen to send the proposed law to President Tinubu, who may in turn present same to the parliament as executive bill.

The presidency is yet to react to this story as at press time yesterday. It is doubtful the Presidency would react until the bill gets to the President. But the discourse may have begun afresh, notwithstanding.

According to Dr John Harry, APC elder from Akwa Ibom State, transmitting the bill to the National Assembly, would confer on President Bola Tinubu, positives that would outlive him.

“If it is true that an executive bill on Regional structure of Governance in Nigeria is being transmitted to the National Assembly, then President Bola Tinubu would have guaranteed for himself the status of a selfless leader and icon who has set the country on the path of irreversible economic growth and development.

Because this remains the only route through which development in Nigeria can be actualized. Development in Nigeria, through the regions would be rudimentary and rapid.

Regions should be allowed to define the path of their progress. As a fact, progress in Nigeria again, would then start” he said.

As optimistic as Harry appears on regionalism and other facets of the draft bill stimulating the development of the country, Tinubu has said, according to reports that he would embark on restructuring only after embarking on successful economic and fiscal reforms.

Sound as this reasoning by Tinubu is, there are counter arguments.

Jide Ojo, in “Tinubu, delay in restructuring could be dangerous”, in the Punch newspaper of 24th April, 2024, argues

“This year is the most auspicious time to drive the issue of restructuring when the politics of the 2027 elections is still far away. I am therefore using this medium to make a passionate appeal to the President to kick-start the process by making public the restructuring agenda that he wants Nigerians to key into.

The National Assembly and State Assemblies have pivotal roles to play given their power of lawmaking but I just want a streamlined process with a proper timeline of when it will be concluded.

Once the executive and legislative arms are in consonance on any issue, elite consensus is easily achieved and a lot of time and financial resources are saved. I strongly believe that a well-thought-out restructuring agenda can be achieved in a year, but it must start in earnest”

Faponhunda’s draft bill on restructuring appears well thought out.

For example, it could be an answer to the thorny issue of ethnic nationalism currently plaguing the country.

Under Part 111-Stipulations for Federal Administration, sub 3.2 (3) Basis of the Federation, it says

“Every Ethnic Nationality and People in Nigeria has the right to a full measure of self-government which includes the right to establish institutions of government in the territory that it inhabits and to equitable representation in the Federal and Regional Governments”

Under Part 1V, Regional territorial Administration, sub 4.1 (4), Processes and Procedures for Transformation, it says

“The quest to exist as a Region by any ethnic nationality or sub nationalities shall be subject only to the following stipulation

a)     Proof of economic self-sustainability of a contiguous territory.

b)     Demonstrate capacity to contribute shared contributions to maintain Federal Government

c)     Proactive plans for the exploitation and development of local resources and potentials

d)     Intent to collaborate and cooperate in pursuit of self-development.

Ayo Kolawole, businessman, who said he has read the draft bill, is of the view that Tinubu should immediately receive the bill, constitute a team of erudite constitutional lawyers to study, add or subtract and carry it as his legacy project.

“In truth, this draft bill is brilliant. I applaud the author. The provisions of the bill as it stands, should uplift the spirit of every Nigerian, in the possibilities that it portends for our country. It will set us anew on our path to being a great country.

Mr. president should immediately constitute a committee of eminent constitutional lawyers to fine-tune. I however doubt there is much to be redacted.

My fear however is that sections of the country may oppose it vehemently. But such opposition may only serve to reinforce the view that these sections are lazy and only want to continue feeding fat on the cash cow called Nigeria. Let every region fend for herself. Lets abolish the era of federal allocation, once and for all. I pray President Tinubu knows where history is taking him to and ceases the moment with a wholesomeness of purpose”

The next few weeks should be quite revealing. For now, Nigeria waits.