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Emmanuel Uzo Obi LOCAL GOVERNMENT REFORM It is suggested that a dual local structure should be adopted namely Province/County City or Town As discussed in the earlier part of this presentation, it is much cheaper to run a city or county government than a state bureaucracy. Besides, using this dual structure will ensure greater reach beacause experience has shown that under the present local structure, only the local government headquarters receives the greatest attention while the other towns are neglected. The formulae for incorporating provinces under a transiitonal period should be as follows; Each of the 5 senatorial zones in the old 19 state structure should be incorporated as Provinces under the proposed 6 state structure recommended earlier. For example, let me use the old Anambra and Imo States which are now Enugu, Anambra, Imo, Abia, Ebonyi states. The Provinces of Enugu, Abakiliki, Nsukka, Awka, Onitsha, Nnewi, Orlu, Aba, Owerri, Umuahia, Okigwe. There are eleven provinces in this example, and Nnewi has been added because of it's economic, industrial potentials. Similarly, new provinces could be created int he future following laid out constitutional procedures. The procedure for incorporating new provinces in the future should be, if such area meets the laid down criteria, there should be a referandum in the area supported by 2/3 majority of the State Assembly and a simple majority of the National Assembly. For a city or town, it should be supported by 2/3 majority in the Provincial council, simple in the State Assembly, all these preceded by a referandum. For the Provinces, it should be run by an elected provincial council headed by an Administrator while the city or town should be run by an elected city or town council headed by a mayor. Responsibilities of Provincial and City Governments: I have briefly itemized my suggestions in the area of responsibilities as follows;
1. Provinces
2. City or Town These functions could be performed under a structure such as the following departments;Administration, Revenue, Police, Fire, Public Works and Utilities, Planning and Legislative.
CITIZENSHIP AND EQUAL OPPORTUNITY LEGISLATION. The retrenchment of non-indigenes of states, from the various public services is very unfortunate. If Nigeria is one indivisible country, then Nigerians should have equal opporunity in all constituent states of the federation. Such concepts as state of origin in determining employability will continue to give rise to disunity and feelings of discrimination. It is suggested that we introduce the concept of citizenship of states, alongside with citizenship of Nigeria. In other words, the following clause should be included in our constitution, "All persons born or naturalized in Nigeria, and subject to it's jurisdiction thereof, are citizens of Nigeria, and the state wherein they reside. " Not only may a man be a citizen of Nigeria without being a citizen of a state, but an important element is necessary to convert the former into the latter. He must reside within the state, to make him a citizen of it, but it is only necessary that he must be born in or naturalized in Nigeria, to be a citizen of Nigeria. However, NO state should make any laws to abridge the privileges and immunities of a citizen of Nigeria. However, for the purposes of election to political offices, a citizen of a state, must have maintained continuous residence in a state for at least four years prior to the election. Furthermore, if a Nigerian citizen was born in a state, but does not reside there, then, he is not a citizen of that state. A Nigerian citizen in this circumstance, should not have dual state citizenship. So while in the case of citizenship of Nigeria, a person may be born in Nigeria to be a citizen, in the case of a state, what qualifies the Nigerian citizen for state citizenship is RESIDENCE. How do we prove residence?This is very simple , but outside the scope of this presentation. For the avoidance of doubt, even if a person's village is in a state, or his ancestors were born in a state, these should be of no consequence to state citizenship. Ownership of property in a state, does not constitute RESIDENCE. If this is accepted, it follows that a person who was born in Minna, and whose ancestors are from Otta, but resides in Enugu state, is a citizen of Enugu. As a citizen of Enugu, he could be appointed Commissioner etc. in Enugu, and could even decide to seek employment in any state of the Federation. This leads directly to the question of equal employment opportunity. My suggestion in this regard, is that all Nigerians must have equal opportunity. In other words, the constitution should be amended to include anti-discrimination clauses to prevent discrimination on the basis of sex, tribe, ethnic origin, race, age, tribal mark, religion, national origin, name, language spoken and dialect. This law should apply to federal, state and local governments, private sector as well. It should guarantee for example equal employment, education, housing, and credit opportunity for ALL residents of Nigeria. It should be noted that this clause should protect all legal residents of Nigeria. To make sure such law is complied with, it is suggested that the Public Complaints Commission should be restyled EQUAL OPPORTUNITY COMMISSION and persons who violate this law should be punished with stiff penalties such as fines, compliance with the plaintiff's rights and other terms of settlement. Appeals on the commission's decision should be to the high court. PUBLIC SAFETY AND LAW ENFORCEMENT With the present state of insecurity in Nigeria, doing business in Nigeria has a very high risk. This means the cost will also be high and if foreign investors are to do business in Nigeria, the whole concept of public safety need be reorganised. True federalism does not require a national police force as this could easily be misused. The function of the Police should be decentralised and the responsibility shared by federal, state and local governments. This may have failed in the past, but today, there are safeguards which will ensure that the lower levels of government do not misuse this. This decentralisation is aimed at specialisation and efficiency in this sector. My candid suggestion is that the Nigerian Police Force be disbanded and I have outlined a new Public Safety and Law Enforcement Structure for Nigeria. First, there should be a NATIONAL COMMISSION FOR ACCREDITATION OF LAW ENFORCEMENT AGENCIES to regulate these agencies. This Public Safety System, should incorporate the fire service and also Emergency Medical Service(ambulances). Also, there should be a little deregulation to allow private sector participation in security services. This will among others eliminate the use of thugs as bodyguards. However, there should be two categories of private security firms namely those certified to use firearms and those that do not use firearms. Those agencies with firearm certification should also be regulated by the national commission. Each law enforcement officer should undergo Basic law Enforcement Training and after successful completion of the training and certification examination be certified as a law enforcement officer. Police Colleges should be abolished and this Basic Course should be run by Polytechnics. The curriculum for the programme should be developed by a body on criminal justice education and training standards. It is my recommendation that each state in the 6 state structure proposed earlier should set up a Criminal Justice Education and Training Standards Commission for the purpose state above. Such training should include courses in criminal law, civil law, juvenile law, traffic law. investigative procedures, patrol, custody procedures, emergency responses, ethnic and community relations. State certified law enforcement officers should be able to get entry level positions in state, provincial, municipal police departments. Training for federal agencies should be different and I have outlined the suggested new structure as follows:
Federal:
State:
Province:
The details of the organization and operations are in another paper
"Changing the Face of the Police in Nigeria:Strategies for Effective
law enforcement and Public Safety. "written by me and serialised in
a US based magazine-'The Nigerian and Africa. '
To be able to see how a modern police department functions, the reader
may watch the TV movies 'The Cops', 'State Highway Patrols'and
'911 Rescue'-these are true live action movies.
The vehicles for police patrols should certainly not be the peugeot
cars now being used. Ford Crown Victoria and Chevy Caprice are
vehicles specially designed for police use.
So, in procuring police patrol cruisers, it is desirable that each
police officer should have one car and the rear screened off to seat
arrested suspects being taken to pre-trial detention centres.
The minimum qualification to undergo the basic training programme
should be two year post secondary education-OND or NCE.
PERSONAL LIBERTY AND DETENTION OF PERSONS
It is suggested that a close look be taken on how suspects are treated
before trial, and detention facilities. Police cells are known to have
been abused and are infact breeding ground for more dangerous
criminals.
With the reformed structure of law enforcement proposed above, I will
like to suggest a change in the procedure for arrest and detention of
persons.
First, Police cells should be abolished and the Police should no longer
take suspects to the Police stations.
Second, it is suggested that Pre-trial detention centres be built in
each province to house suspects awaiting trial. These centres or jail
houses(not prison)should be built in close proximity to the court
houses for logistics purposes.
Third, whenever a Police Officer arrests a suspect and takes him into
custody, he should take the suspect straight to the detention centre
where the suspect is arranged before a judicial officer.
There should be a judicial officer not below the rank of a magistrate
on duty round the clock. It should be the responsibility of the
magistrate to conduct a pre-trial hearing to determine release and
bail conditions or issue a detention order. The job of the arresting
officer ends at this point until the court date. The officer must also
file his report but cannot take custody of the suspect. The release or
detention decision should be made by the magistrate.
Fourth, the security of the detention centre should be in the hands of
another law enforcement agency-the sherrif's department(to be
established as suggested above). On being arrested, the suspect should
have the right to remain silent until his attorney is present. However,
if he chooses to talk, whatever he says could be used against him.
Fifth, if a suspect is arrested in one province, he should not be
detained outside the province, except for federal offences.
Of course, the sherrif's department has nothing to do with the case
and therefore cannot interrogate the suspect.
Finally, prison facilities need be improved to provide more humane
conditions.
Armed Forces
It is suggested that the armed forces should be brought under civilian
control like in other democratic countries. Just like the Defence
Secretary works with the CDS or Chairman Joint Chiefs, there should
be a secretary(deputy secretary rank)for the three armed services.
Promotion to the rank of a one star general or above should be subject
to senate confirmation. In other words, a candidate should appear before
the armed services committee of the senate for confirmation hearings.
Furthermore, military barracks should be gradually moved out of state
capitals to the rural areas. This will not only keep them away from
government business, but will also attract other businesses to the
rural areas. To control molestation of civilians, soldiers should be
prohibited from carrying horsewhips in public or even firearms.
If our communication is improved, good citizens should have a chance
to report suspicious troop movements to appropriate authorities if
there is a toll free hotline.
Federal Character:
In citing federally sponsored projects, the government should no long
choose state capitals. Such projects should go to the rural areas.
For example, for the South-East zone(state), if the capital where Enugu,
the federal government could site for example, the federal court of
appeal, zonal customs and excise, zonal federal internal revenue at
Ikot Ekpene, and then follow this process around an entire state.
This will mean that the government must then provide a good network of
roads around each state.
Civil rights and Liberties.
The review of the constitution should be an on-going process and it is my suggestion that the new Government carefully study the US constitution with regard to this subject with a view to seeing how our system could be improved.
Nigerians are human beings like any other people and we are not inferior beings.
Nigerians also deserve some decency and the freedom that life has to offer. Freedom of the Press, Freedom of Association, Freedom of Religion, Freedom of Movement etc should be allowed to be ingredients of a democratic Nigerian society.
The issue of secret societies should be deleted from the constitution. It is unfortunate that Chief Falae tried to use this in his petition. I do not know of any civilised society such a constitutional provision is included. Can one imagine Americans rejecting George Washington as President just because he was Grand Master of American Freemasons? Or in our own case should Nigerians have rejected Dr Azikiwe because he was a Rosicrucian? Or perhaps, Nigeria should have a problem with Ogboni Fraternity because it has a Nigerian origin.
The National Assembly has a tasking period once it commences sitting as it has a large number of constitutonal matters to deal with as well as enabling legislations for the running of the Government.
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