The Kano State Coalition of Ulama (Islamic Scholars) and Civil Society Organisations, as usual, wasted no time in sending a comprehensive Memo by the October 23 deadline; it hopes to make a public presentation of same when the Committee comes up to Kaduna, the nearest venue to Kano, on November 11. The Memo was signed by Dr. Musa Muhammad Borodo, the Coalition’s Chairman.
PREAMBLE
The Kano State Coalition of Ulama and Civil Society Organizations was formed in August 2011 following a series of consultations among religious bodies, community development associations, professional bodies and civil society groups in Kano State that were simultaneously but separately discussing how to engage with some Federal Government policies that affect Nigerians, particularly the Muslim population across the divide North of the Niger. Such policies included the subtle attempt to phase out religious instruction from the curriculum of Secondary Schools, the withdrawal of petroleum subsidy, the attempts at domesticating western amoral ways of life in our society through the enactment of certain laws, and the lackadaisical handling of security challenges most especially in the North East and parts of the North West of Nigeria.
As the Coalition was increasingly coming to terms with the unfortunate reality of the inability of the Nigerian state, as it were, to do justice to the Muslims of Nigeria in many areas of our national life generally, the President of the Federal Republic recently announced his resolve to constitute this committee to advise him on the need for a National Conference/Dialogue, as well as its modus operandi. This we consider a welcome development that is long overdue, though we do have observations and our viewpoints on the form as well as the scope the conference should take which would be elucidated in this submission.
FUNDAMENTAL OBSERVATIONS
Despite many questions at the back of our minds, we feel the decision of the President is timely. However, for the avoidance of doubt, we join those who consider the call for the establishment of a very vague and teleguided National Dialogue/Conference as being half-hearted, and diversionary. We equally view it as inadequate and a potential waste of time and resources. Hence we call for the convocation of a National Conference, with NO no-go area(s) and which should thus be Sovereign in terms of its mandate, powers and freedom.
To achieve this, we call for an expedited action to amend the existing constitution of the Federal Republic of Nigeria so as to remove all impediments to the convening of a Sovereign National Conference (SNC) and to provide the necessary legal basis for it. In particular, we demand that the amendment to the constitution should vest the SNC with necessary powers to exercise all executive and legislative powers at all levels of the federal system while the SNC is in progress.
In the light of the foregoing, we therefore wish to forward the following as our earnest positions in respect of the respective areas of the guidelines for submission of memos as published by your noble Committee.
GUIDELINE 1: THE STRUCTURE OF THE DIALOGUE/CONFERENCE
1. Composition: We demand that representation to the SNC should be determined proportionate to the OFFICIAL national census of 2006; consequently, we propose that one person should represent a population of 250,000;
2. Selection: Delegates to the SNC should be elected through universal suffrage;
3. Size: To be determined by the composition as per (i) above.
GUIDELINE 2: LEGAL FRAMEWORK OF THE DIALOGUE/CONFERENCE
1. To give effect to the convocation of an autonomous SNC we demand that current holders of executive and legislative offices at both federal and state levels to relinquish all such powers immediately upon the coming into effect of the amendment referred to above. This is to among other things protect the conference from undue interference as the experience of the 2005 National Conference has shown;
2. The leadership of the SNC should be vested with the mandate to assume such relinquished executive and legislative powers, as was done in the neighbouring Niger Republic in the year 1991;
3. The SNC should have the power to appoint its own leadership and to establish and designate any of its organs to exercise legislative powers;
4. For the avoidance of doubt, we recommend that the judiciary at all levels should continue to exercise its constitutionally-guaranteed role to adjudicate disputes, uphold the rule of law and interpret the amended constitution. This will ensure continuity and stability during the life of the SNC. We make this recommendation without prejudice to the outcome of the SNC which may recommend a restructuring of the judicial institution itself;
5. Any consensus should be based on the principle of simple majority.
GUIDELINE 3: DURATION OF THE PROPOSED DIALOGUE/CONFERENCE
The conference or dialogue can take as long a time as our suggestion in guideline #1 requires to be effected, and as long as it is producing results; but should not exceed twelve calendar months from the date of take-off.
GUIDELINE 4: ISSUES TO BE TABLED BEFORE THE DIALOGUE/CONFERENCE (AGENDA)
Following are the issues we want the SNC to discuss and take a final stand on:
1. Desirability or otherwise of Nigeria’s continued corporate existence;
2. Mode of separation, should any part desire so;
3. Desired changes should the choice be on corporate existence; e.g. type of political system; nature of separation of powers; nature of distribution of powers; etc.;
4. Citizenship, indigeneship and nationality questions;
5. Resource allocation;
6. The role of religion in national life;
7. National language(s).
GUIDELINE 5: LEGAL PROCEDURES AND OPTIONS FOR INTEGRATING THE OUTCOMES OF THE CONFERENCE INTO THE CONSTITUTION AND THE LAWS OF THE NATION
We expect an entirely new constitution to emerge out of the conference, if at all there is no unit that opts for separation; otherwise, it is left to each constituent unit to undergo the process of making its own constitution and the other consequent laws.
GUIDELINE #6: ANY OTHER MATTERS THAT MAY BE RELATED OR INCIDENTAL TO THE PROPOSED DIALOGUE/CONFERENCE
To ensure transparency and proper resolution of issues, we wish to suggest the following:
1. Live coverage of all proceedings of the SNC on NTA, Radio Nigeria and other media outlets to ensure full transparency;
2. Electronic voting in all issues requiring a vote; where there is a challenge to this mode of voting, we suggest the use of Option A4 of physical separation between those for and those against an item put to vote;
3. That the conference be held Mondays to Thursdays every week, with Fridays, Saturdays and Sundays be left free to give all participants adequate opportunity to consult with their people over the weekend so as to take mandated stands on all issues being discussed;
4. That members of the SNC should be given a chance to freely express their opinions, no matter what, so far as they observe full decorum and give evidence and proof for their claims;
5. That no threats, intimidations or divisive comments by non-members of the SNC should be allowed throughout the period of the national dialogue.
This was the Coalition’s Memo. Readers may make further suggestions for it to be fine-tuned before it is re-presented at the Kaduna Meeting of the Advisory Committee on November 11th. One important area to further discuss is HOW THE 250,000 CITIZENS CAN ELECT/SELECT THEIR REPRESENTATIVE.
