MEMORANDUM
ON
NIGERIAN
YOUTHS POSITION ON CONSTITUTIONAL REVIEW
SUBMITTED
BY THE
NATIONAL
YOUTH MOVEMENT FOR CONSTITUTIONAL REVIEW (NYMCR)
A
coalition of Nigerian Youth NGOs, Faith Based Organizations, Labour, Persons
Living with Disability, Government Youth Institutions, Professional Groups and
Unemployed Youths
Secretariat:
ACE-NIGERIA, Email: nymcr@yahoo.com
Telephone
Contacts: 08033116403, 08035638962
Twitter:NYM4CReview, NYMCR, NYCCCReview
Facebook: National Youth Movement for Constitutional Review
Weblog:nymcr.blogspot.com
Introduction
As a build up to the last
engagement on Constitutional Reform and follow up to a series of consultations
and meetings among Nigerian Youth Groups comprising of Youth NGOs, Government
Youth Institutions, Faith Based
Organizations, Labour, Persons Living with Disability, Professional Groups and
Unemployed Youths, the National Youth Movement for Constitutional Review
(NYMCR) emerged.
After series of meeting held
and sharing of ideas, opinions and positions from the different youth groups,
the NYMCR has come up with a five key positions on issues that affect young
people
Key Positions
1. Improved Administration of Sovereignty through far reaching Reform of
the Electoral Space (Political Independence for INEC, Proportional
Representation, Independent Candidacy)
2. Youth Affirmative Action (Definition of Youth,
Full Franchise for Youths, Youth Quota for Political Representation at all
levels of Political Leadership)
3. Guarantee of Socio-economic rights of Nigerian
youths through justiceability of Chapter 2 of the 1999 Constitution (as
amended) and relevant reform of the budgetary/appropriation process.
4. Local Government Reform (Full Autonomy for the
Third Tier of Government)
5. Financial Autonomy for State Houses of Assembly
(First Line Charge for State Legislature)
DRAFT
MEMORANDUM ON THE POSITION OF NIGERIAN YOUTHS ON CONSTITUTIONAL REVIEW
Background
Nigerian youths constitute the
biggest segment of the Nigerian population. More than 60% of the Nigerian
populace is made up of young people. In a recent study conducted by the British
Council, Nigerian youths were described as the biggest resource available to
Nigeria. The historical roles of Nigerian youths in national emancipation and
nation building are well documented. The bulk of Nigeria’s founding fathers;
Nnamdi Azikiwe, Ahmadu Bello, Obafemi Awolowo, Tafawa Balewa, Joseph Tarka,
Matthew Mbu, Michael Imoudu, Anthony Enahoro, Michael Okpara, T.O.S. Benson,
Aminu Kano, Funmilayo Kuti, Festus Okotie Eboh, Nwafor Orizu, and a host of
others, were young people when they took up leadership responsibilities
especially in relation to the struggle against colonialism. Upon the attainment
of independence, Nigerian youths formed the crop of the emerging national
leadership; in the federal parliament, federal executive council, regional
assemblies and local councils. The bourgeoning Nigerian public service was also
populated by vibrant, dedicated and resourceful young men and women who became
the active drivers for national development. The impact of this generation of
young leaders was almost instantaneous as Nigeria, without crude oil, was rated
as one of the fastest growing economies in the world. That is the power of
youth.
Upon the truncation of the
first republic by the military, the top brass of the emerging authoritarian
leadership were also largely constituted of young people. General Yakubu Gowon,
the second military head of state was barely 28 years when he assumed the rein
of leadership. Given the exclusivist nature of authoritarian rule, the fortunes
of young people in Nigeria began to assume monumental slide with successive
military regimes. The constitutional processes that preceded the return to
civilian rule in the second republic were without specific agenda for young
people. The implication was the relegation of young people to the background in
terms of political representation and protection of their socio-economic
rights. The third republic did not fare any better with regards to youth
inclusion in the socio-economic and governance processes in Nigeria, thus
bequeathing a legacy of youth disempowerment. The result of the exclusion of
the largest, most dynamic and active segment of Nigeria’s population from the
socio-economic and governance process has translated into high rates of
unemployment, poverty, crime, illiteracy, violence, and a host of other social
ills.
Currently, Nigerian youths are
without voice, power and representation in Nigeria’s socio-economic and
political landscape. The fate of Nigerian youths is worsened by the collapse of
Nigeria’s social support structures. The malaise of fraud, imposition and
violence in Nigeria’s electoral sector only compounds the challenges of
political exclusion, economic strangulation and social debilitation already
faced by Nigerian youths. Hopes were
raised that some of these concerns would be addressed during the 2005
constitutional review process. This was however aborted together with
Obasanjo’s third term. The last constitutional reform process did not fare any
better. Yet, youth issues have continued to confront the country especially
given the current high rate of crime, violence and most recently terrorism in
Nigeria. While setting up the 21 member Presidential Committee on the Review of
Outstanding Constitutional Issues, President Goodluck Jonathan urged the
committee to consider issues such as Human Rights and Social Security, People’s
Charter and Social Obligations; Environment and Natural Resources, Models and
Structure of Government, Public Service, Power Sharing, Local Government
Reforms, the economy, Judiciary and Legal Reforms, constitutional amendments
pertaining to the Public Service, Anti-Corruption, State Joint Local Government
Account, etc. These concur largely with the agenda set by the National Assembly
Ad hoc Committee on Constitutional Review, both at the Senate and House of
Representatives. However, as cogent as the issues represented in the
legislative agenda appear, the existence and relevance of Nigerian youths was
yet again denied.
The fact that there is no
specific provision in the current agenda for constitutional amendment for the
youths, apart from the proposal to remove the National Youths Service Act from
the constitution, clearly demonstrates that Nigeria’s political establishment
is yet to fully appreciate the crucial place and role of youths in Nigeria’s
democratic process. It also shows a disconnect between the aspirations of
Nigerian youths and the pursuit of democratization in Nigeria. Participation is
a key component of democracy and palls of doubts abounds on the sustainability
of a democratic process that continues to exclude its youths from the
mainstream of national life.
In view of the fore-going,
Nigerian youths under the aegies of National Youth Movement on Constitutional
Review (NYMCR), proposes the following
amendments to the 1999 Constitution (as amended);
ISSUE
1
CONTEXTUALIZATION
OF SOCIO-ECONOMIC AND POLITICAL RIGHTS OF YOUTHS IN NIGERIA
1A. Definition of Youth
Analysis
The
current Nigerian 1999 Constitution as amended does not make any provision for
the definition of who a young person is. This has led to a lot of abuse in
youth representation both in the political and socio-economic aspects of
national life.
Proposal:
a) Recommendation
for a specific clause in the Constitution that defines a young person in
accordance with the provisions of the National Youth Policy which defines a
youth as any Nigerian between the ages of 18 and 35.
1B. Constitutional Protection of the Political
and Socio-economic Rights of Nigerian Youths
Analysis:
Chapter
2 of the 1999 constitution makes provision for certain socio-economic and
political rights for all Nigerians. Owing to the preponderance of youth
population and already existing socio-economic cum political challenges faced
by Nigerian youths, it is given that young people would be the biggest
beneficiaries of rights enshrined in chapter two of the 1999 constitution as
amended. However, these rights unlike the provisions in Chapter Four of the
constitution are currently not justiceable.
Proposal:
a) Justiceability
of the rights enshrined in chapter 2 of the constitution by ascribing these
rights as fundamental human rights especially as it obtains in chapter four of
the 1999 constitution (as amended).
b) Setting
Performance Benchmarks in the Budgetary System (Appropriation Bill) by making
relevant amendments to Section 81 of the 1999 Constitution (as amended)
especially with regards to employment generation and meeting basic social needs.
c) Constitutional
provisions to guarantee the full rights of Nigerian youths living with
disabilities, young workers, youths in diaspora and ex-convicts not to be
discriminated against and to fully participate in all spheres of national life.
References:
- The Kenyan Constitution defines a youth thus in article 177 (c), “includes anyone who is not a ‘child’ but has not reached 35”.
- In the Kenyan Constitution, the youths are recognized by article 55 which states that the socio-economic, political and other rights of young persons must be protected by the state
ISSUE 2
2A.
YOUTH AFFIRMATIVE ACTION
Analysis:
There is currently no form of
affirmative action for young Nigerians in any policy document including the
National Youth Policy. The absence of youth affirmative action has led to
demands for youth participation being abused and downgraded to issues of
political tokenism. The strategies for youth participation in socio-economic
and political spheres of national life especially as enshrined in the National
Youth Policy will remain soulless without a reasonable affirmative action
policy for young people.
Proposal:
-
Amendment
to relevant sections of the constitution especially Sections 14 (3), 65 (a)(b),
131 (b), 177 (b) and 223 (1a) to remove extant age restrictions in order to
provide for Youth Affirmative Action of at least 30% for the following leadership
structure in Nigeria
a) Local
Government, State, and National Legislature
b) Local
Government, State and Federal Executive Councils (The Minister of Youth Affairs
must be a young person between ages 18 – 35)
c) Representation
in Appointive Positions
d) Political
Parties Leadership
References:
- Section 19 of the South African Constitution, under the principle of public participation removes age limit on ALL elective public office by stating “Every citizen has the right to free, fair and regular elections for any legislative body established in terms of the Constitution. Every adult citizen has the right to vote in elections for any legislative body established in terms of the Constitution, and to do so in secret; and to stand for public office and, if elected, to hold office.”
- In Australia, any person 18 years of age or older may stand for election to public office at all levels. The youngest ever member of the House of Representatives was 20 year old Wyatt Roy elected in the 2010 federal election after the Electoral Act 1918 was amended to reduce the age of candidacy from 21 to 18.
- In Canada, Netherlands, United Kingdom, every adult of the age of suffrage (18 years and above) is entitled to vote and to contest for any public office they so choose. These countries are regarded as the bastion of democracy.
- Under the fifth schedule of the Ugandan constitution, young people have statutory representation in regional governments.
- In the Kenyan Constitution, Article 55 (b) provides that the State shall take measures, including affirmative action programmes, to ensure that the youth have opportunities to associate, be represented and participate in political, social, economic and other spheres of life;
- Article 98 (1c) of the Kenyan Constitution provides that the Senate will consist of two members, being one man and one woman, representing the youth;
- Article 177 (1c) of the Kenyan Constitution provides that the County Assembly will consist of members of marginalized groups, including persons with disabilities and the youth, prescribed by an Act of Parliament.
ISSUE 3
3A.
ELECTORAL INTEGRITY AND YOUTH PARTICIPATION IN THE POLITICAL PROCESS
Analysis:
The
biggest single factor to the maximization of the political, economic, social
and demographic potentials of young people is the democratic cum electoral
macro environment. In Nigeria, the potentials of young people have been greatly
undermined by an electoral environment fraught with teething challenges. The
conduct of the last general elections has been widely credited to be better
than the 2007 general elections. However, the quality of elections in Nigeria,
at best, is still calibrated on the scales of comparative analysis between
successive elections. Owing to years of poor leadership by successive
governments in Nigeria, an election management body seen to be appointed by the
government is viewed with considerable amount of suspicion. This is the
foundation of the public confidence crisis that has perennially bedeviled
Nigeria’s election management body; the Independent National Electoral
Commission (INEC). In order to address the major concern, there is need for
popular participation in the appointment of INEC officials. In the words of Dr.
Anil Seal, INEC Chief Resource Person at the African Regional Election
Management Bodies Conference, 2012
“Having Commissioners appointed by
government is not ideal, given the danger, in public perception and in fact,
that Commissioners so appointed, as government’s nominees, might be thought to
be government’s puppets.”
Furthermore, currently, there
is very low participation by young people in Nigeria in the political process.
This is regardless of the fact that young people constitute more than 60% of
registered voters in Nigeria. The reason for this is essentially the
constriction of the political space through flawed electoral processes, dearth
of internal democracy in political parties, unchecked and unrestricted use of
campaign financing;
Proposal:
a) That relevant amendment
be made to Section 154 of the Constitution as it relates to the mode of
appointment of the Chairman, National Commissioners and Resident Electoral
Commissioners of INEC. The amendment should stipulate for the creation of a
special committee comprising of a nominee each from all the political parties
in the National Assembly, civil society, women, youth, NBA, persons living with
disabilities, labour, media in the screening and shortlisting of the Chairman,
National Commissioners and Resident Electoral Commissioners of INEC. The
shortlist of three nominees from this special committee should be sent to the
National Council of State, which will in turn recommend a name to the National Assembly
for final approval. This way the political independence of INEC and sovereignty
of the Nigerian people will be further strengthened.
b) That
relevant amendment be made to remove age restriction on the appointment of INEC
Chairman, National Commissioners and Resident Electoral Commissioners in Part
I, Third schedule of the constitution that deals with the Independent National
Electoral Commission (INEC). In addition, that provision be made for the
appointment of at least one youth, between 18 and 35 years as a National
Commissioner of INEC. Also, that provision be made for youth affirmative action
in appointment of INEC Resident Electoral Commissioners.
c) That
relevant amendment be made to Section 153 and other relevant sections of the
Nigerian Constitution to establish an Electoral Offences Commission (EOC). That
the membership of the board of the proposed EOC should include a youth.
References:
1) In the
Zimbabwean constitution, the powers to nominate the commissioners of the
Zimbabwean Electoral Commission is reposed with the National Assembly through a
special committee, the Parliamentary Committee on Standing Rules and Orders
which is made up of one representative of the political parties in parliament,
Civil Society, Media, Women, and other special interest groups
2) In the
South African constitution, an inter party committee nominates the 7
commissioners of the South African Electoral Commission, the National Assembly
recommends and the President ratifies
3) In
Botswana, the inter party conference appoints the 7 members of the Botswana
Electoral Commission and the Judicial
Service Commission ratifies
4) In
Madagascar, the civil society organizations nominate 10 members of their
Electoral Management Body while political parties and government nominate the
remaining 9.
5) In
Mozambique, civil society organizations nominate 8 members of their Election
Management Body and political parties nominate 5
3B. YOUTH SUFFRAGE
Analysis:
The
principle of Franchise provides the right to vote and be voted. This is not currently
the case in Nigeria as young persons are entitled to vote but denied the right
to be voted for at different levels of political leadership.
Proposal:
a) Amendment
to relevant sections of the constitution especially Sections 14 (3), 65 (a)(b),
131 (b), 177 (b) and 223 (1a) to remove extant age restrictions
b) Amendment
to relevant sections of the constitution to remove provisions that places age
limit on appointments to election management bodies
3C. Youth Participation in
Political Parties
Analysis:
The
level of youth participation in political party activities in Nigeria is low.
This is due to a number of factors ranging from poor internal party democracy,
low awareness, unrestrained campaign financing, economic encumbrances,
godfatherism etc.
Proposal:
a) That
the constitution should recognize the need for internal political party
democracy by relevant amendment to Part 15 of the Third Schedule of the 1999
Constitution in order to specifically establish INEC power to conduct and
supervise political party primaries.
b) That
section 233 and other relevant sections of the 1999 constitution be amended to
stipulate 30% Youth Affirmative Action to apply to leadership positions in all
the political parties in Nigeria.
c) That
the third schedule of the Constitution relating to INEC functions should make
specific regulations on Political Campaign Financing
ISSUE 4
NIGERIAN YOUTHS AND DEVOLUTION
OF POWERS
4A. Reform of the Local
Government Administration (Autonomy for the 3rd Tier of Government)
Analysis:
The
Local Government System is the closest to the Nigerian grassroots and offers
the best opportunity for socio-economic and political participation for
Nigerian youths. Currently, the local government system is polarized and
paralyzed as state governments have hijacked what is supposed to be the third
tier of government in Nigeria.
Proposal:
a) That
relevant sections of the Constitution especially as contained in the fourth
schedule of the 1999 Constitution (as amended) should expressly recognize the
Local Government system as the third tier of government and accord to it
commensurate rights and privileges accorded the other tiers of government.
b) That
the Constitution should make provision for a separate account for Local
Governments
c) That
the Constitution should make necessary provisions for a specific and uniform term
in office for elective Local Government positions
d) That
the constitution should make necessary provisions for a timely and proper
conduct of elections into Local Government Councils
e) That
the Constitution should empower INEC to conduct elections into Local Government
Councils
4B. Autonomy for State Houses
Of Assembly (Financial Independence through First Line Charge Funding of State
Houses of Assembly)
Analysis:
Currently
in Nigeria, state legislatures have come under undue control of State
Governors. This is largely as a result of dependence by the state houses of
Assembly on the executive arm of government for financial sustenance. This
unwholesome trend has not only whittled the institutional roles of checks and
balances reposed on the legislature by Nigeria’s constitution but have also
provided a very convenient environment for corruption to thrive.
Proposal:
-
That necessary amendment be made to relevant
sections of the Constitution to provide for first line charge funding for State
Houses of Assembly.
ISSUE 5
YOUTHS AND REFORM IN ELECTORAL
SYSTEM
5A. Proportional Representation
Analysis:
The
need for broader inclusion and participation in the democratic process informed
the concept of Proportional Representation. More than 90 countries of the world
have adopted the use of Proportional Representation and using it for
parliamentary elections. It is believed that proportional representation
especially as proposed by Justice Uwais Electoral Reform Committee (ERC) and
reflecting earlier proposed Nigerian Youth Affirmative Action of 30%
representation will improve youth participation in politics
Proposal:
a) Recommendation
for the adoption of Proportional Representation in parliamentary election at
Federal, State and Local Governments
b) Inclusion
of 30% Affirmative Action for young persons in the quota system for
Proportional Representation as suggested by Justice Uwais led ERC Committee.
References:
1. 90 countries including South Africa, South Korea, New Zealand,
Australia, Greece, Germany, Burkina Faso, Tunisia, Switzerland etc. use
proportional representation with reasonable youth inclusion. It is instructive
that apart from China, all the BRICS countries use proportional representation.
2. Article 97(1c) of the
Kenyan Constitution provides that the National Assembly will consist of twelve
members nominated by parliamentary political parties according to their
proportion of members of the National Assembly in accordance with Article 90,
to represent special interests including the youth, persons with disabilities
and workers
5B. Independent Candidacy
Analysis:
Given
the continued and increasing restriction of space by Nigeria’s political
parties for young people, youth participation in the political process has
greatly suffered.
Proposal:
a) That
relevant sections of the constitution should be amended to allow for
independence candidacy in Nigeria’s electoral system especially in line with
the recommendations of Justice Uwais led ERC on independent candidacy.
ISSUE 6
Youth Positions on Critical
National Issues
a)
Retention
of National Youth Service Act in the Constitution:
That
the National Youth Service Act as recognized by Chapter VIII, Part III, sub
section 5a, which offers the only mention of young persons in the constitution,
should be retained as provided in the constitution.
b)
Police
Reform:
Nigerian
youths support relevant constitutional amendment aimed at reforming the
Nigerian Police for more efficient and effective service.
c)
Fiscal
Federalism:
Nigerian
youths support relevant constitutional amendment geared towards equitable
fiscal federalism that is in the best interest of all the states in the
country. In this light, Nigerian youths support calls for financial autonomy
for State Houses of Assembly.
d)
Mode of
Altering Sections of the Constitution:
Given
the need to strengthen citizens’ sovereignty, enhance popular participation and
ensure collective ownership of the Constitution, we recommend that section 9(2)
of the Constitution be amended to mandate the National Assembly and State
Houses of Assembly to hold public hearings in all the states of the federation
and the federal capital territory as a statutory criteria before any alteration
or addition to the constitution is made. This has become crucial given the
growing clamour for National Sovereign Conference and widespread fears of its
implication to the unity, security and prosperity of Nigeria. Perhaps, this
amendment might address this concern.
Signed
Lai
Labode Asuzu Echezona
Chairperson Secretary
08033116403 08035638962
Member Organizations:
- National Youth Council of Nigeria
- Nigeria Youth Parliament
- Youth Wing of Christian Association of Nigeria (YOUWICAN)
- Supreme Council of Islamic Affairs in Nigeria
- Young Trade Union Leaders Initiative (NLC and TUC)
- PROMBES
- Youth Education on Human Rights and Civil Responsibilities
- Advocacy for Change
- Youth Advocacy for Civic Transformation
- Peoples Senate
- Conscience Nigeria
- Joint National Association of Persons Living With Disabilities
- Junior Chambers
- Unemployed Youths Association of Nigeria
- Youngsters Development Initiative
Secretariat:
ALLIANCE FOR CREDIBLE ELECTIONS
(ACE-NIGERIA)
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