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Intrigues Over PDP's Fresh Constitutional Review
[September 12, 2011]

Intrigues Over PDP's Fresh Constitutional Review


Sep 12, 2011 (Daily Trust/All Africa Global Media via COMTEX) -- The Acting National Chairman of the ruling Peoples Democratic Party (PDP) Alhaji Abubakar Kawu Baraje on Wednesday inaugurated Chief Olusola Oke-led 23-man PDP 2011 Constitution Review Committee.

The committee, which has Elder Bolaji Alani as Secretary, has governors of Niger and Delta states Dr Babangida Aliyu and Emmanuel Uduaghan; Board of Trustees (BOT) member Chief Ebenezer Babatope, ex-party Chairman Bernabas Gemade, Minister of Labour Chief Chukwemeka Wogu, Senator Isiah Balat, Senator Stella Omu, and Senator Ibrahim Ida as members.

Other members of the committee include PDP National Vice chairmen for Northeast Senator Paul Wampana and Southeast Chief Olisa Metuh, Delta State PDP Chairman Barr Peter Nwoboshiu, Kano State PDP Chairman Adamu Aliyu Sumaila, Senator James Manager, Rep. Mohammed Isiaka Bawa, Rep. Ogbuefi Ozomgbachi, Rep. Tunji Akinon, Barrister Halima Alfa, Ms Nike Jones, Barr. Ibrahim Babale, The PDP 2011 Constitution Review Committee, whose two remaining members are to be announced later by Baraje, has 13 weeks to carry out the assignment.


Baraje's reasons for constitution review Speaking during the brief inauguration ceremony, PDP Acting National Chairman Baraje said the committee is expected to look at the party's present Constitution holistically in order to present fresh Constitution that will make the PDP a more acceptable and desirable party to Nigerians. The PDP boss, who advised the Committee to engage in widest consultations to ensure accuracy in their job, called on party members to begin submitting memoranda to the committee for them to present a wholesome Constitution.

While urging the committee to focus on the areas of party discipline, electoral process, party funding, and gender-issue, Baraje voiced the determination of the party to include the issue of 35 per cent affirmative action to boost the chances of women during the general elections.

He expressed hope that the members will not disappoint the leadership and membership of the party in the discharge of their responsibilities, calling on them to be just in carrying out the assignment.

"A lot of expectations are placed on this committee. This is another clarion call with the confidence we reposed in your membership. Once we are able to agree on our Constitution, we will operate it to the latter," Baraje promised.

In his remarks, the Chairman of the Committee and PDP National Legal Adviser Chief Oke assured the party leadership that his team would not disappoint the party and would deliver the job given them within the specified period of three months.

He said the committee would be guided by the aspirations on the membership of the party as contained in the expected memoranda, stressing that 'no nation can grow above its laws.

Notable areas to be affected by constitutional review National Executive Committee (NEC) meeting of PDP had on July 28, 2011 approved the Constitution of a 21 member Committee to propose amendments for the PDP Constitution to align it with provision of the Electoral Act and the Constitution of the Federal Republic of Nigeria. NEC explained that the setting up of the committee became necessary because the amendment of the Electoral Act of 2011 has rendered some provisions of the PDP Constitution obsolete. The areas to be touched in the Constitution review, according to PDP NEC communique, include issues like inclusion of unelected delegates to Congresses and Conventions as well as mode of elections.

However, Sunday Trust exclusively gathered more details on the areas to be reviewed in National Working Committee the (NWC) memo presented to the NEC on July 28. The memo titled 'Proposal for the Review of the PDP 2009 Constitution as Amended' gave information on the justification for the review and the terms of reference for the committee.

The 'General Justification for the Request' reads thus "(1) As a desirable response to the general wind of transformation blowing across the nation; (2) to align and reconcile the provisions of the party Constitution with those of the 2010 Electoral Act and the Constitution of the Federal Republic of Nigeria; (3) to update the Constitution generally and in particular fill the lacuna perceived during implementations of its provisions; (4) to amend, redefine and strengthen identified provisions of the Constitution; (5) to strengthen provisions on discipline; and (6) to reduce costs of elections and minimize corrupt tendencies." To give details on the areas which the review will touch, the memo, under sub-title 'Highlights of some of the Articles to be Reviewed' also reads: "(A) The NEC had earlier approved the amendment to the Constitution. The amendments, when effected, would eliminate the inequities in the existing provisions which give disproportionate number of delegates to Senatorial, House of Representatives and Houses of Assembly Congresses against the State Congress.

"(B) Provisions of the party's Constitution affected by the 2010 Electoral Act which prohibits political appointees from voting during primary elections. The affected Articles include 12.17 (h) (iii) (iv) (v) (vii) (viii) (ix), 12.22 (c) (d) (f) and (i) of the Constitution for effective administration of the party at all levels.

"(C) There is the other issue thrown up by Section 87 of the Electoral Act as to the mode of primary election. The Section puts political parties at election between Direct and Indirect primaries. Given the prohibitive costs of producing and sustaining delegates, the alarming corrupt influences on delegates, the exclusion of the generality of party members from having say on who becomes their candidate for a particular election, time has come for NEC to reconsider its position on the desirability of indirect primary election as a mode for the emergence of the party's candidates for general elections.

"(D) Section 233 of the Constitution of the Federal Republic of Nigeria prohibits an unelected official from taking part in the administration of a political party. There is the urgent need to amend the provision of Article 14.5 which empowers the appropriate committee to appoint a substitute officer from the zone where the officer originates to fill vacant position. The proposed amendment should empower the appropriate Executive Committee to elect a substitute in compliance with Section 223 of the 1999 constitution.

"(E) Other provisions that need to be amended, redefined, strengthened or made clearer." Contentious issues that may be thrown up Though the PDP Constitution Review Committee has invited memoranda, to be submitted not later than 22nd of this month, from state chapters; party leaders and all interested members of the party on the proposed review of the PDP Constitution, pundits are of the view that controversial issues like zoning which had threatened the stability of the party because of its breach by key stakeholders such as President Goodluck Jonathan and Federal House of Representatives Speaker Aminu Waziri Tambuwal may be either be deleted or adjusted for 'self-serving purpose'.

Analysts, who are looking at the possibility of this development, are corroborating their suspicions with the controversial introduction of a clause in 2008 that had hitherto made former President Olusegun Obasanjo the sole Chairman of the party's Board of Trustees (BOT) before it was amended during the tenure of late President Umaru Musa Yar'adua. Sunday Trust learnt that some party members still hope that there will not be any move to re-introduce the clause since President Jonathan, who is considered as a stooge of Obasanjo, is holding sway in the party right now.

However, some still believe that the President will never play with the idea because of his so-called transformation agenda. Whether issues of zoning and BOT chairmanship will create fresh controversy or not, every step taken towards February 25 Special National Convention will unveil various manoeuvrings.

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