Buhari’s 2023 constitution amendments: Creeping acts of restructuring – Dele Belgore

Restructuring Actions

Neil Armstrong walked on the moon on July 20, 1969, and famously said these famous words, “That’s one small step for man, one giant leap for mankind.”

A Blind Step for Nigeria

Hyperbolic to describe the events that happened recently is a giant step for humanity. It is clearly not that, but nevertheless it is a blind step.

It is not the crippling currency crisis and the enormous hardship that has caused to the general Nigerians. It’s also not just the end of the general election and reverberating effects. This giant step may have more far-reaching consequences than the currency crisis or the election or even a combination of the two. And it is largely unknown. The event was the signing into law by President Muhammadu Buhari, on March 3, 2023, of 3 laws.

First Legislation: Move the Railways to the Joint List

The first is the Federal Constitution of Nigeria, 1999 (Fifth Amendment (no. 16) Act 2023, which is an Act to remove the item “rail” and related matters from the Exclusive Legislative List (a list containing all matters. which only the Federal government can legislate on) to the Joint Legislative List (a list that contains all matters in which the Federal and state governments can share legislative powers).

According to this law, the State Assembly can now make laws for the State regarding the construction and maintenance of State railway operators and interstate railways and infrastructure.

This can be a trigger for development that reminds us how the development of railroads in America played an important role in the economic, social, and cultural growth of the country.

Developmental Benefits of Railway System Liberalization

1. Railroads provide a more efficient means of transportation for goods, which allows businesses to expand markets and access new territories. This leads to increased trade, economic growth, and job creation.
2. Railroads made it easier and faster for people to travel and live in other areas of America, which helped to open new areas for agriculture and industry. Railroads facilitated the movement of people from rural areas to urban centers, which led to urban growth and urban economic development.
3. Railroads provided a physical connection between different regions of the country, which helped foster a sense of national unity and identity. There is no reason why the liberalization of the railway system to the United States in Nigeria and its partner countries cannot bring similar developmental benefits to many parts of the country.

Second Legislation: Powers of States to Generate, Transmit, and Distribute Electricity

The second is the Federal Constitution of Nigeria, 1999 (Fifth Amendment (no. 17) Act 2023, which allows the country to generate, transmit and distribute electricity in areas covered by the national grid. Nigeria requires each state of the federation to be able to generate its own power because some reasons.

Reasons for the State to Build Its Power

One, generating power at the State level will allow for a variety of resources, which will ensure that the country is less dependent on one resource. Currently, Nigeria is highly dependent on power generated from natural gas, which is produced mainly in the Niger Delta region. This dependence on one resource makes the country vulnerable to disruptions in the production and distribution of natural gas.

Two, the current power generation and distribution system in Nigeria is inefficient, resulting in frequent power outages and load shedding. By allowing each country to generate its own power, the system can become more decentralized, which will help improve the reliability and quality of resources.

Three, countries with abundant natural resources, such as wind or solar energy, can use these resources to generate power, which can be used to power local industries and businesses. This can help create jobs, promote entrepreneurship, and drive economic growth at the national level.

Fourth, now, Nigeria is vulnerable to disruptions in natural gas resources, which can impact resource. By diversifying resources and generating power at the country level, countries can become more resilient to these disruptions and ensure a more stable power supply.

However, all these activities require significant investment in infrastructure and require cooperation and coordination with neighboring countries to ensure efficient and effective energy network management.

Third Legislation: Financial Autonomy for the State Assembly and the State Judiciary
The third is the Federal Constitution of Nigeria, 1999 (Fifth Amendment (no. 6) Act 2023. This Act seeks to provide for the financial independence of the State House of Assembly and the State Judiciary signed into law.

Benefits of Financial Autonomy for the Judiciary

The benefits of financial autonomy for the judiciary in a democratic federalist system are immeasurable.

This ensures that the judiciary is not influenced or controlled by other branches of government and allows the judiciary to be independent.

This allows the judiciary to manage its own resources and make decisions about how best to allocate those resources.
All of these should strengthen the rule of law and help maintain the integrity of the legal system, an essential ingredient for democracy and good governance.

In short, financial autonomy for the judiciary is, at the very least, an important component of a democratic federalist system because it promotes independence, accountability, efficiency, better access to justice, and a strengthened rule of law.

The Creeping Acts of Restructuring Nigeria’s Governance System

The liberalization of the railway system, the power of the State to generate, transmit and distribute its own electricity and the financial autonomy of the State judiciary are all acts of restructuring of the body politic and the system of government.

This has been done, not through a very political, divisive and rancorous national conference, but through strong and clear-minded rules made with strong political will.

But more than that, they show that many can achieve with eternal beneficial consequences, without inflaming our frayed collective regional, ethnic and religious nerves.

Conclusion

According to the news credited to the President of the Senate, Ahmed Lawan, 35 constitutional review bills were sent to President Buhari, but he only agreed to 19. What bills were not approved and why the President refused the approval is something we will learn, in the long run. For now, supporters of a strong federalist system should give credit to the 3 bills mentioned here and hope that there are more similar to the 19 that were not approved and more to come in the future.

* Muhammad Dele Belgore, SAN, C. Arb