Port Harcourt/Akure — With a voice vote which Deputy Senate President Ibrahim Mantu called in favour of Ayes, the National Assembly Joint Committee on the Review of the 1999 Constitution (JCCR) yesterday in Port Harcourt adopted a recommendation that the tenure of Office of the President of the federation be increased from two to three terms of four years each.

Consequently, it recommended that Section 137 sub-section 1(b) of the 1999 Constitution which limits the tenure of the President to a maximum of two terms of four years each be amended to allow an extra term of four years.

There were, however, no agreement as at last night as to whether this clause should include the governors as the preponderance of opinion was that since most of them have allegations of corruption against them, a third term in office would mean "endorsing them to continue looting."

The committee, however, adopted, among others, the rotation of power among the six zones but alternating between the North and the South by recommending that two more subsections be inserted into section 130 which establishes the office of the President.

THISDAY gathered that the committee also recommended the separation of the office of the Attorney-General from the office of the Minister of Justice even as it places the Independent National Electoral Commission as well as the National Assembly on the first line charge.

The committee has also provided for, in the emerging draft amendments to the constitution, the powers of the Senate to censure any Minister of the Federal Republic whose conduct in office is questionable provided such censorship has the support of two-third of its members.

A five per cent increase for the derivation fund has also been approved by the committee thus jerking it from 13 per cent to 18 per cent.

Some members of the JCCR, however, took their exit from the review exercise as a result of the adoption of three terms of office for the president.

According to a member of the committee, who participated in the morning session, the build up to the endorsement of third term began when in the course of the committee's consideration of Section 133 of the 1999 Constitution, Senator Farouk Bello-Bunza (ANPP, Kebbi) called for the deleting of the section from the constitution.

The section provides: "A candidate for an election to the office of President shall be deemed to have been duly elected to such office where, being the only candidate nominated for the election he has a majority of Yes votes over No votes cast at election; and he has not less than one quarter of the votes cast at the election in each of at least two thirds of all the states in the Federation and the Federal Capital Territory, Abuja."

Bello-Bunza's motion was said to have been seconded by the House of Representatives Leader, Hon. Abdul Ningi (PDP, Bauchi), who was said to have cautioned members not to fall into the temptation of re-enacting the transmutation politics of the late dictator, General Sani Abacha, who got all the parties in the country to adopt him as their sole candidate.

But a voice vote consigned Bello-Bunza's motion to the dustbin.

When the committee, however, arrived at Section 137, Hon. Mao Ohuabunwa (PDP, Abia), was said to have moved that in the face of the support accorded a three term of four years by Nigerians at the zonal public hearing, Section 137 (1) (b) should be amended by deleting "at any two previous election" and inserting "at any three previous elections."

The subsection as contained in the 1999 Constitution reads: "A person shall not be qualified for election to the office of President if (b) he has been elected to such office at any two previous elections."

Ohuabunwa's motion was said to have been hurriedly seconded by Hon. Abiodun Akinlade (PDP, Ogun).

THISDAY was informed that the JCCR Chairman, Mantu, was about subjecting the motion to another voice vote when the Chairman, Senate Committee on Inter-parliamentary Affairs, Senator Uche Chukwumerije (PDP, Abia), and Senator Olorunnimbe Mamora (AD, Lagos) sprang on their feet to protest subjecting Ohuabunwa's motion to voice votes without a counter-motion.

At that point, Mantu was said to have recognised Chukwumerije to raise his counter-motion. The Abia senator was said to have questioned the rationale behind providing for justice, equity and fair play in the constitution if it would turn around to endorse the eternal rule of one individual.

He was said to have also argued in the early hours of the day that the committee amended the constitution to allow for the rotation of power between the North and the South, adding that to have done so was a testimony to the fact that the committee was mindful of how long power would stay in a zone and counseled against allowing one zone to dominate power.

Chukwumerije, the source added, rounded off his arguments by saying that President Olusegun Obasanjo would take advantage of the amendment being sought and urged the committee to reject the motion being proposed by Ohuabunwa as it only represented the views and opinions of government and not those of the people of Nigeria.

Mamora, who backed Chukwumerije's arguments was said to have argued that a three term of four years would create a 12 year-tenure for the President. He asked: "Supposing President Obasanjo is a good President but had to leave office and we now have a bad President, are we going to leave Nigerians to harrowing experiences of such a number of years?"

Drawing examples from Malawi, Gabon, Benin Republic, Zimbabwe, and Togo, Mamora argued that "examples of have shown that it is difficult, if not impossible, to displace a sitting government," adding that "often, this has led to socio-political crisis that have later transformed to war situations."

He was said to have charged his colleagues to "focus on institutions rather than create a god out of an individual," adding that "granting a third term to the office of the President will confirm the speculation that Obasanjo desires it. This will be immoral and will amount to changing the goal posts in the middle of the game."

Mantu was said to have invited Senator Timothy Adudu (ANPP, Plateau) who argued that even in the United States of America, a constitution could be amended while Senator Oserheimen Osunbor (PDP, Edo) strengthened the pro-third term argument by describing the point raised in respect of Obasanjo benefiting from the third term as "speculative."

Mantu was said to have put the question to a yes or no vote thereafter. The yes vote was said to have been carried. Efforts by Bello-Bunza to call for a division to allow for a head count was said to have been ignored.

There were strong indications that the Presidency mounted pressure on some members of the committee to ensure they supported the third term project.

A member told THISDAY: "I think they will now sleep well in the Villa since we have done what they want and not what we want to do."

THISDAY was further informed by another member: "Many members who were against came to me that they were under pressure. There were those who said their governors had threatened their traditional rulers. Others said their governors have been on their neck saying they should not take a frontal position.

"In all, we were under severe pressure. I wish you guys know what we came under in the last 24 hours. Do you know what it means when our emirs and governors started calling that they too are in trouble and that we should just do what the Villa wants?"

THISDAY was reliably informed that members of the committee, who stood together to oppose the third term were, Senators Udoma Udo Udoma; Bello Maitama; Farouk Bello-Bunza; Abdulaziz A. Ibrahim; Uche Chukwumerije; Olorunnimbe Mamora; Dahiru Umar; Ahmed Ibrahim; Usman K. Umar; Baba Tella; Bode Olowoporoku; and Kanti Bello.

Others were, Hon. Terngu Tsegba; Jolaoye George; Sidi Ali; Abdulahi Umar; Abdul Ningi; Bawa Bwari; Shehu Saleh Hassan; Waziri Tambawal; Ahmed Salik; Tukur Nadabo; Joel Danlami; Baba Chaichai; Peter Oromoloye; and Abdullahi Shuaibu.

According to a member of the committee, the decision on rotation of power was taken at the third sitting of the committee last Wednesday which began at 9pm and closed at 2am Thursday morning.

The source said the proposed sub-section 2 of Section 130 would entrench the rotation of power between the North and the South while subsection 3 of the same section would address the issue of rotation among the geo-political zones within the North and the South.

Also, the committee has upheld the recommendations of the Senator Tunde Ogbeha sub-committee on the way to provide autonomy for local governments.

The highlights of amendments to Section 7 (1) of 1999 Constitution which deals with the establishment of local governments include the expunging of the clause which places the establishment, structure, composition, finance and functions within the purview of the state governments by guaranteeing the existence of local governments under the constitution.

The committee has, therefore, abolished the joint local government accounts system and provided that statutory allocation of public revenue from the Federation Account be paid directly to local governments in the federation while the House of Assembly of a state is empowered to make provisions for statutory allocation of public revenue from the state to local governments within the state.

In the areas of mutual public funding between the states and local governments, the amendments provided for a special account to be called "local governments account" into which shall be paid such funds to be applied for joint purposes as may be prescribed by the state or the National Assembly.

The proposed constitution also provides for the office of the auditor-general of the local governments of a state with powers to audit annually the accounts of the local governments and thereof lay the report before the state assembly.

The committee also introduced a Chapter VIII which deals with local government councils as reflected in the 1989 Constitution, however, with some amendments to establish and guarantee the tenure of council and the chairman.

In the proposed amendment, the powers of State Independent National Electoral Commission (SIEC) in the 1999 Constitution have been expunged while its functions and responsibilities are transferred to the Independent National Electoral Commission (INEC).

Providing for tenure of three years for councils, the committee also pegged the age limit of a council chairman at 30 years while educational attainment of would-be candidate is school certificate or its equivalent.

However, before adopting the report of this sub-committee, THISDAY gathered that Senators Maitama Bello Yusuf (ANPP, Jigawa); Bassey Ewa-Henshaw (PDP, Cross River) and Bode Olowoporoku (PDP, Ekiti) canvassed that a percentage of the local government revenue be voted to the traditional councils. But Chukw-umerije was said to have led a counter position which the enlarged committee carried.

Informed sources told THSDAY that the traditional rulers were provided for in the constitution through the establishment of advisory councils from federal, state and local government levels.

Mamora, who later spoke with newsmen, said: "The third term decision was taken by a simple majority of members. Arguments were canvassed for and against the third term based on the provisions of Section 137, sub-section (1) (b) of the 1999 Constitution.

"Some of us feel very strongly that since we have just passed this issue of rotational presidency even though I was personally against it, not because I donâ??t believe in rotation absolutely.

"But I was saying that let the decision on rotation be that of the party and be entrenched in the constitution because we have to take cognisance of the reality of our level of political evolution.

"The Presidency came to the South in 1999 not out of any constitutional provision but out of the reality on ground and as agreed to by the party that got power then. If we are sincere and if we uphold the principles of equity, justice and fair play, it should not be difficult for us again to be able to say that power should go to another area.

"But having adopted that position as it were and if it scales through, then why are we delaying the disadvantaged zone from taking over immediately if there is sincerity, justice, equity and fair play in what we have done. Why do we have to delay them because the tendencies are that if this third term thing passes, it would be difficult to allow them have it."

Mantu, however, told newsmen: "The position we have taken represents the popular opinion expressed by the people of Nigeria during the public hearing. We are only concurring with the views of majority of Nigerians on every issue. And that is what we are doing and so it is not my views or the views of members of the committee.

"We agreed that power should rotate among the people of Nigeria because we believe that is the only way we give people from every part of this country equal sense of belonging.

"It is because of equity that we resolved that power should rotate between the zones in the North and the zones in the South. So every section of this country is given equal sense of belonging and so there is equity."

On the issue of derivation fund, Mantu was said to have told members that "in view of the 17 per cent recommended by the Political Reform Conference and in view of 25 per cent that has been requested for at the public hearing and in view of the walk-out at the Political Reform Conference, let us take 18 per cent."

After this, a voice vote was said to have been taken and carried on increasing the derivation fund to 18 per cent.

Expressing his frustrations, Bello-Bunza, who announced his withdrawal from the committee's review exercise to newsmen at the lobby of the hotel, said: "I believe that the chair (Mantu) should not have ruled this way (on derivation). Individual members should have been given the opportunity to express their views and subsequently each member should have been counted either in support or against it.

Meanwhile, the Yoruba socio-cultural organization, Afenifere, has described the third term bid of President Olusegun Obasanjo as a time-bomb that could blow up the country.

According to the acting leader of the group, Chief Rueben Fasoranti, who spoke in Akure during an exercise meant to sensitise the people on the unfolding political trends in the country, it is unfortunate that some people want the President to perpetrate himself in power against the will of majority of Nigerians.

He said that amending the constitution to suit their third term plan would be counter-productive as Nigerians were more aware of their rights, warning that there was no way they could be confused by the antics of the protagonists of the plan.

Fasoranti argued that even if the constitution was amended to prescribe third term, none of the present occupiers of political offices should benefit from the amendment, saying it would be unfair, unjust and selfish.

According to him, it is not for fun that the entire world and various interest groups have condemned the plan to force Obasanjo into third term since they all realise the danger posed to the nation.

He added that the United States of America, the European Union, students' bodies and other pressure groups had spoken strongly against the third term agenda.

On the need for continuity as a justification for the plan, he said it was untenable, explaining that the good programmes of the President could be continued by any other reasonable Nigerian.

Subsequently, he said there was no point to risk the unity of Nigeria because of the ambition of a group of individuals that wanted the President to sit tight for reasons other than national interest.

Members of the team include the former governor of Ondo state, chief Adebayo Adefarati, Ayo Adebanjo, Ganiyu Daudu, Ayo Akinfenwa, and Olu Falae among others.