Lagos — It was a sheer remniscences of the days of the late dictator, General Sani Abacha last week, when the much canvassed public hearing on the review of the constitution eventually held at the six geo-political zones of the country. The event only fulfilled the fears of the people, that the National Assembly's insistence on amending the constitution at this particular time, mainly aims at achieving a third term for President Olusegun Obasanjo and governors, via constitutional review. The events, aptly described as a charade, only affirmed the words of the Ghananian renowned literary writer, Ayi Kwei Armah that (as far as Nigerian civil rule is concerned), "the beautiful ones are not yet born."

THISDAY's survey of the entire exercise, revealed how an important national exercise turned into a mere jamboree, all in display of the crave for power by certain greedy and power mongers bent on doing everything within their reach to hang on to power. Concerned citizens of Nigeria, who witnessed the public hearing last week, regretted that rather than the event marking an upward vertical mobility in the history of democratic practice in Nigeria, it only constituted another major impediment and subsequently inferred that after about seven years of civil rule, Nigerians still remain in the woods. The event only orchestrated the deeds of dictatorial rulers who in the past, organised phantom events to deceive the masses of the people, all in search of their personal happiness.

Most worrisome to concerned Nigerians was that many other issues of national interests which ought to feature prominently at the public hearings, for possible entrenchment in the constitution, became non-issues having been swallowed up by the third term agenda, which formed the nucleus of the entire exercise in all parts of the country. To this end, former presidential candidate in the joint Alliance for Democracy (AD) and All People's Party (APP) ticket at the 1999 presidential election, Chief Olu Falae, bemoaned the public hearing, which sidetracked the masses of the people of Nigeria by the whims and caprices of the powers that be, from the centre down to the states. Falae who graced the Osogbo public hearing along with his counterparts in Afenifere, the pan-Yoruba socio-political organisation, in the South-west geo-political zone, decried the exercise, lamenting that Nigerian democracy was heading for a complete chaos as dictated by the activities of Mafians who seem to h ave hijacked the entire system, in pursuit of their own greedy and selfish agenda.

Outrightly grieved by the recommendations of government agents, who presented themselves as voices of the people at the opening of the public hearing last Wednesday, Falae said the entire event was completely bizarre.

Said Falae : "This is strange in democracy. We can see strange associations and groups asking for Obasanjo's third term. But all can see the man putting the lives of our people at risk with his ambition. This cannot stabilize our system, but rather pull it down. What we saw here is sad and it is an attempt to pull down our nation," he said.

OSOGBO Centre (SOUTH - WEST) -Near Consesus for Third Term

In Osogbo, the venue of the South-west geo-political zone, the event has been described as a repeat of Abacha's 'five fingers of leprosy syndrome.' And indeed, the Osogbo public hearing, was no doubt a play back of the open adoption of Abacha, by the five political parties, which the late Chief Chief Bola Ige aptly described as "the fingers of leprosy" in 1998. This description became relevant, against the backdrop of the endorsement of third term agenda by five of the six South-west states, at separate presentations.

The Osogbo event has been viewed as a sad development, because it featured the emergence of a supposedly organised and rehearsed projects of the People's Democratic Party's (PDP) governors, who only used government machinery to sponsor participants at the event to endorse the extension of the tenure of the President and governors.

The Osogbo event, in many ways, reminded participants of the dark days of military rule. Security was beefed up. From the State House of Assembly by-pass, fierce looking policemen, armed to the teeth, prevented people who were not 'delegates' from gaining entrance into the assembly complex, making many to wonder if the event was indeed a public hearing. Police teargassed and terribly brutalised anti-third term protesters, led by Comrade Abiodun Aremu of the United Action for Democracy (UAD). The protesters had their clothes torn by the police and the torn pieces tied around their waists before they were eventually whisked to the detention. Their offence ? They mobilised against third term by distributing leaflets at the vicinity of the assembly complex as well as the town. THISDAY learnt that at least 32 persons were held for that 'offence' . And as at the time the event ended Thursday afternoon, the victims still remained in police custody.

The public hearing commenced at 10 .00 a.m. in the fully packed assembly. From the floor to the gallery, the entire House was overcrowded with many others seated outside. Senator Ifeanyi Ararume, who led the National Assembly team along with Hon. Bawa Buhari of the House of Representatives, set the ball rolling when he intimated the crowd with the raison deter for the exercise.

"We are here to conduct public hearing and get your input. What we want to seek amendment to is what we have in the 1999 Constitution. Our mission to Osun is to perform serious a national assignment with a view to collating views from different parts of the country," Araraume said . The senator who took the audience to different phases of constitutional review which the country has witnessed since 1914, when the Southern and Northern protectorates were merged into a single entity called Nigeria, said it was the search for ideal constitution for Nigeria that led to the emergence of Clifford Constitution of 1922 and subequent reviews which brought about Richard Constitution of 1946, Macpherson Constitution of 1951, Littleton Constitution of 1954, Independence Constitution of 1960, Republican Constitution of 1963, 1979 Constitution and the 1999 Constitution currently being used. Citing these constitutional processes that Nigeria has gone through, Ararume convinced the people tha t the event of the day was not new in the history of Nigeria. Therefore, he urged the people saying, "this is an opportunity which everybody should see and utilise for the benefit of the nation. Nothing will be done to influence or jeorpardise what anybody or group seeks in this exercise."

In his own adddress, the host governor, Prince Olagunsoye Oyinlola, hailed the event, saying it marked yet another milestone in the process of amending the constitution of the Federal Republic of Nigeria. According to him, effort to modify the Constitution of Nigeria, should be of immence concern to every Nigerian. He stated that the review exercise, which he said would culminate in the debut of an amended constitution by May this year is a "gargantuan task."

"Those things which can divide us must today be debated and re-examined. The form of Constitution we take determines the type of country to be governed in terms of geographical distribution, religion and so on. Therefore, we must realise that the constitution must be flexible. Where the constitution does bend, there is danger that it may break ...the success of this constitutional review lies in our hands," Oyinlola said.

Presenting a memorandum on behalf of Ondo State government, Mr. Aderemi Olatubora sought the division of legislative powers between the federal and state governments as earlier recommended at the National Political Reforms Conference (NPRC) to include three legislative lists of exclusive , concurrent and residual lists. Besides, he canvassed the need to expung all references to the local government in the constitution with the exception to the issue of allocation to the local government and demanded for increase in state allocation to 25 per cent. He added that third term was inevitable : "On the issue of tenure, our position in Ondo State is that the tenure should be four years of three terms. We are running a transitory political system. Continuity is very important. The recommendation of four years of three terms is valid. If a governor or the President is not performing, the people has the right to vote that governor or President out," he said.

Speaking on behalf of Oyo State, Hon. Oladepo Oyedokun of the House of Representatives said, "we strongly support four years of three terms for the President and governors." He also recommmnded the need for the creation of additional states as well as the review of allocation in favour of states.

Mr. Kunle Kalejaiye in his presentation on behalf of Osun State, canvassed the need for the constitution to reflect true federalism and make military intervention in Nigerian politics, an unlawful exercise which if tried, should be accompanied by withdrawal of public sector services including the services of the media in protest. Kalejaiye reiterated the need for the amendment of section 137 b of the constitution to accommodate third term and previous office holders to be allowed to contest as long as their popularity remains acceptable to the people. He also suggested the inclusion of 2 vice presidents - one from the zone of the President and the other from the opposite zone. He also said the immunity for heads of the executive should be sustained.

In its presentation, Ekiti State represented by the deputy governor, said, "there is the need to help ourselves. There is no need to jeopardise our future and the future of our children. There should be three terms of four years to enable those who are there to give their best." She also recommended the control of local government as the exclusive preserve of the state government.

In its own case, Ogun State demanded for the teaching of the constitution in the schools, the right of women to contest and win election, multiple Presidency, continuity of three tiers of government, third term and the like.

Others who represented the National Association of Nigerian Students (NANS), National Democratic Alliance (NDA), National Liberation Movement all clamoured for the continuity of Obasanjo as the basis for sustenable democratic practice.

Presenting its memorandum, Afenifere, represented by its scribe, Senator Femi Okurounmu cavassed the urgency of the review of the constitution before the 2007 general elections to contain the structure of Nigeria as a conglomerate of six geo-political zones as against the North-South dichotomy. He also suggested the need for equal number of states in each zone of the federation, power rotation that guarantees "equal sense of belonging", derivation of 50 per cent for the people of Niger Delta, devolution of power at the center, funding of the Independepent National Electoral Commission (INEC) from the consolidated account and the sustenance of the stusquo of two terms of four years for the office of the Presidency and governors.

Though not applauded, Lagos State stood firm in its opposition to third term agenda. It was the only state of the South-west which advocated the sustenance of two terms of four years. Represented by the Speaker of the Lagos State House of Assembly, Hon. Adeyemi Ikuforiji, Lagos State said the supremacy of the constitution must be upheld and respected as against the desire of few individuals. Besides, he said the state wanted revenue allocation to be determined by population and not the the number of local governments. The state also recommended value added tax (VAT) , property tax in derivation allocation.

There was a however, a complete disorder in the auditorium when Mr. Bamidele Aturu mounted the podium on behalf of Labour Lawyers and Coalition of Civil Society Organisations. Aturu, angered by the glamour which ravaged the auditorium, resulting from the ceremonial adoption of third term by almost all the speakers, attacked the governors saying, "I sympathise with you governors here. I know that all of you have been handed over to the EFCC. That is why you support third term." This comment hit the entire auditorium which had been characterised by third term advocates. And consequently, they shouted him down and prevented him from making his presentation. The participants sang : "Ese, e se o, e se o. E se o, e wa maa lo (meaning, thank you, thank you, now take your leave." But despite the hostility, he refused to leave the platform as the entire auditorium became rowdy until his time elapsed.

Speaking with reporters later, Aturu said : "The truth is that these governors are being hounded by EFCC to support third term and I stand by that. Their records are unclean. They can sue me if they want. I'm opposed to this and I want it to be known to the whole world that there are people in the South-west who are opposed to this charade going on here."

Individuals and groups who presented memoranda the following day however, stated their vehement opposition to third term, saying it amounts to changing the goal posts in the middle of the game. The second day of the event was described by Senator Tokunbo Afikuyomi who represents the Lagos West senatorial district as the "real public hearing" because it was devoid of the razzmatazz of the opening ceremony, championed by government agents. Rather, the day presented the people with the opportunity to air their own views. Nearly all condemned the third term bid, a situation which affirmed that representatives of the government never spoke on behalf of the people on Wednesday.

ABAKALIKI CENTRE (SOUTH-EAST) - Consensus on More States, LGS

The situation in the South-east was not so different from that of the South-west as three states of Imo, Ebonyi and Enugu recommended third term for the President and governors. Ohanaeze, the Igbo socio-cultural organisation seemed undecided on third term agenda as it presented conflicting positions on the issue. Whereas the organization had earlier presented a memorandum to the review committee where it canvassed the retention of power in the South-east come 2007, its president-general, Prof. Joe Irukwu later sang a discordant tune in his oral presentation when he said the group would support the position of the three states of the zone which supported third term.

However, Abia State, represented by the Secretary to the State Government, Ralph Egbu and Anambra State, represented by its governor, Dr. Chris Ngige, distanced themselves from the third term agenda of the President, saying the idea of seeking third term to consolidate achievements is a deception. Their conviction is that whatever a ruler cannot achieve within two terms of eight years cannot equally be achieved at the end of twelve years. "Anambra is unequivocal , unambiguous that we want two terms of four years each. I'm a first term governor, but I do know that staying in office for eight years will not be fair on the occupant of that office. I can tell you that you carry state issues on your shoulders, family issues on your shoulders. I don't know how people can cope with international issues and others too," Ngige noted.

Egbu in his own presentation, cautioned third term advocates, particularly those who cited the long stay of heads of executive in Malaysia and Indonesian, saying, "those who refer to some Asian countries like Malaysian, fail to say whether such countries are operating democracy or autocracy."

Many other notable speakers at Abakaliki exercise chaired by Senator Jonathan Zwingina were more pre-occupied with the need for the creation of a new state in the South-east. While Irukwu said only the creation could guarantee the principle of equity and fairness, bearing in mind that the South-east, unlike other zones consists of only five states. Senator Arthur Nzeribe, who represents Orlu senatorial zone in Imo State, wants the state to be called Orashi carved out of both Anambra and Imo State, while Enugu Deputy Governor, Mr. Okechukwu Itanyi, suggested Adada State to be carved out of Nsukka area. Also speaking on state creation, former Senate President, Anyim Pius Anyim, who wants the state to be carved out of all the existing five states of the zone, suggested the name Equity or Etiti State. "Equity State is neither an agitation nor a movement. It represents the the consciousness for equality, progress, peace and development," Anyim said. His suggestion of Equity State was borne out of his conviction that the state should be located within the central part of the entire South-east, where each of the existing states will be part and parcel of its creation. Anyim's advocacy for Etiti State was immediated boosted by the National Vice chairman of PDP, South-east, Chief Fidelis Chukwu. Chukwu said rather than the state being called Equity, Anyim's second suggestion, it should rather be known as Obigbo State. Chukwu said it is only when the additional state is created that "we will have a sense of belonging and we will know that the South-east is part of this country."

NASARAWA (NORTH CENTRAL) - Marred by Boycott

In North Central, the hearing was chaired by Senator Iyabo Anisulowo, who represents Ogun West senatorial district at the Upper House. Governors of Plateau, Benue and Niger States, stayed away from the exercise. The exercise in Nasarawa witnessed the maximum display of power by the state governor, Abdulahi Adamu, who ordered that the leader of Niger State delegation, Major General Idris Garba be walked out over allegation that he breached protocol. Garba while he had the floor had only said : "Niger State is not in support of wholesome amendments and inclusion of new provisions that have not been subjected to wider consultations at the state and local levels. Accordingly, Niger State supports only piece meal approach to the proposed amendment to be limited to only those issues or areas, if which amended, will further foster unity, progress and stability in the country." The retired general also suggested that in order to regain the confidence of the public which has been skep tical about the objectivity of the review exercise, the present administration should by no means benefit from the amendment if completed before the end of the tenure, before the security operatives whisked him out on the governor's order, another situation which undermined the true meaning of democracy.

In his presentation, Air Commodore Jonah Jang (rtd.), former presidential candiadte in Plateau State, advocated the entrenchment of third term in the constitution. "It is not because America does two tenures, so we must do two tenures. So, I recommend that we should have 3 terms of four years each," Jang said, adding that the the immunity clause in the constitution should be sustained, but stated that the criminal aspect of it be completely removed. "But we think if we throw the immunity complete out, then even a market person will one day drag a governor to court. So, the civil aspect of immunity should be maintained and the criminal aspect should be removed completely," he said.

A lecturer at the University of Abuja, Dr. Okpeh Okpeh, however disagreed with Jang on the third term. Besides, he argued that constitutional review affects the destiny of the whole country and hence, should not be an exercise that should be rushed up. For him, the National Assembly attempting to review the constitution barely a year to the next general elections, amounts to insincerity, explaining that constitutional amendment is a herculean task which requires much concentration. "We are saying that the constitution can't be properly amended within the short period that you have to carry out the exercise. In a country of over 100 million people, it is practically impossible to sample opinions of the people on the issues of a constitution review within the given time frame you have, except of course, this is another kangaroo exercise.

"Our third position is that the 2007 election is around the corner and it is not possible to review a constitution. How will the people become familiar with what the constitution is all about and employ possible way of participating in the political process intended to be one?" the don queried.

Reacting to suspicion of the third term as the basis for the exercise, Adamu dismissed he third agenda as a ruse, insisting that the President has promised not to seek any extension and he has always kept his word. "The President always says what he means and means what he says. He is not a man known to be speaking from both sides of the mouth," Adamu said.

PORT HARCOURT CENTRE SOUTH-SOUTH - Consensus on More Derivation Fund

In South-south, the exercise presided over by Senator Abubakar Sodangi witnessed the Cross River State government acting like an enzyme, which brings about a reversible reaction. Whereas, the state's Attorney General and Minister of Justice, Mr. Ekpo Eyo had on the first day of the exercise opposed third term agenda, the state governor, Mr. Donald Duke, appeared the second day to counter the submision of Eyo. "The argument should be on electoral laws, a system that allows for each vote to count and be decisive. That votes should count should be the argument of the day and not the tenure of an individual in office," Duke said. Asked by Sodangi if he was changing the position of the state on third term, he boasted : "I stand here as the head of government of Cross River State." In other words, Duke was saying that his position that day had swallowed up whatever his attorney-general might have earlier said, a situation which made people to wonder if the governor and his aides ac tually knew what they were doing. Some other persons reasoned that the governor might have been prevailed upon overnight to change the earlier stand of the state on the third term agenda.

Generally, the clamour for the entrenchment of 50 per cent derivation in the constitution was much pronounced in the public hearing. Rivers State governor, Dr. Peter Odili in his presentation restated this : "Every speaker after speaker has made it clear to you that the issue of derivation is very dear to the hearts of the people." Rivers State also sought the recognition the existing six geo-political zones of the country in the constitution. While Bayelsa and Akwa Ibom, were proponents of third term, the South-South People's Assembly (SSPA) represented by Aniete Okon and Hilda Dokubo recommended the maintenance of the status quo of two terms of four years. The assembly held tightly to the constitutional provision that "a person shall not be qualified for the office of the President, if he has been elected for two terms." Their presentation, as against that of the third term advocates was accompanied by loud ovation and an air of applause by the audience.

The President of the Nigeria Labour Congress (NLC), Comrade Adams Oshiomhole, in his own presentation, opposed the proposal that labour unions should be controlled by various component states. The labour leader argued that throughout the world, the labour has always had a uniform body and the situation in Nigeria cannot be an exception.

NORTH WEST (KATSINA) CENTRE (NORTH-WEST) - North-South Rotation of Powers

The event was rocked initially by protests in Katsina over the venue. Business centres were closed and other daily activities suspended. Nevertheless, the exercise went on. Deputy Speaker of the House of Representatives, Chief Austin Opara assuaged the minds of participants of the belief that the event aimed mainly at legalising the third term agenda. He assured the people that the National Assembly would be objective in the handling of the entire situation. "Many people have been talking of third term agenda. What we in the National Assembly want to assure Nigerians is that the committee members will do a thorough job," Opara said.

While Kaduna State governor, Ahmed Markafi in his 30 memoranda prepared by both the public and private individuals in Kaduna, proposed rotational presidency along the North - South dichotomy, devolution of power to avoid power concentration in one person, checks and balances that will make it difficult for anybody to hold the nation to ransom; deputy chairman, North-west, Dr. Haliru Bello on his case, wants the criminal aspect of section 308 of the constitution expunged. "We suggest the removal of criminal immunity clause for all political office holders, this will further show some signs of seriousness and commitment of Nigerians to fight arbitrary abuse of power by political office holders." The exercise in the zone was presided over By Senator Osaheimen Osunbor

MAIDUGURI CENTRE (NORTH EAST) -Yes and No For Third Term

Even in the core North, power mongers still secured their loyalists. The hearing in the North only revealed the futility of the North's rejection of third term agenda since last year. Taraba State governor, Jolly Nyame was a staunch promoter of third term project at the hearing. Likewise, Borno and Yobe States which were the initial advocates of the agenda did not mince words to seek the accommodation of third term in the constitution. Besides Bonny Haruna of Adamawa, an unrepentant loyalist of Vice President Atiku Abubakar, all the governors of the zone reportedly recommended the entrenchment of third term in the constitution. Haruna in fact, boycotted the event. Yobe governor, Bukar Abba Ibrahim, dismissed the argument against third term, stressing that there shouldn't be any restrictions on the office of the President and governors provided they secure the mandate of the people to remain in power. "The tenure of President and governors should be three terms of four years e ach," Ibrahim said. He also reiterated the need for state police to be entrenched in the constitution in order to ensure security of lives and property in the country. But civil society organisations in the zone outrightly rejected the inclusion of third term in the agenda, arguing that it is purely undemocratic.

In all, the public hearing on the constitutional review may have come and gone, the aftermath did not suggest the possibility of the desired people's constitution as the masses seem to have lost out of the entire exercise. It only affirmed the words of Okpeh that the public hearing did not seek to carry the people along in the review exercise. And rather than the event seeking to incorporate the yearnings of the people at the grassroot in the proposed amendment to the Constitution, the ordinary seemed left out of the system, while government delegates flooded the venues of the exercise, to hail proponents of third term and booed opponents. Therefore, the conclusion of the constitution review exercise notwithstanding, it is not yet time to say mission accomplished.