Minority Report on Nigeria's Constitutional Reform

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Minority Report
Introduction
Twenty five years ago, I was at the International Conference Centre Abuja the same
Complex that presently serves as the venue for the sittings of the Presidential Advisory
Committee on National Dialogue. I was then member of the Constitution Review
Committee and thereafter also served as a member of the Constituent Assembly. The draft
1989 constitution, the result of our efforts was never passed into law.
Since 1989, other committees that adopted identical methods, approaches and
recommendations similar to the present Presidential Advisory Committee have also been
set up. The fact that the previous conferences had not been successful in providing an
acceptable Constitution confirms the need for a new approach to be adopted by this
Committee.
2.
Terms of Reference
The Committee was given the following terms of reference:
1. To consult with all relevant stakeholders with a view to drawing up a feasible
agenda for the proposed national dialogue/conference;
2. To make recommendations to Government on structure and modalities for the
proposed national dialogue/conference;
3. To make recommendations to Government on how representation of various
interest groups at the national dialogue/conference will be determined;
4. To advise Government on a time frame for the national dialogue/conference;
5. To advise Government on a Legal framework for the national
dialogue/conference;
6. To advise on legal procedures and options for integrating decisions and outcomes
of the national dialogue/conference into the Constitution and laws of the nation;
and
7. To advise Government on any other matter that may be related or incidental to
the proposed national dialogue.
3.
Historical Background
In view of the importance of various constitutional conferences that took place in 1954,
1957 and 1958 which resulted in the granting of independence in 1960 as confirmed in the
Majority Report, there is need for one to comment on the fears of minorities that led to the
setting up of Willink’s Commission. While the constitutional conferences of 1957/58 were
taking place, the Willink Commission was appointed in September 1957 with the following
terms of references:
i. To ascertain the facts about the fears of minorities in any part of Nigeria and to
propose means of allaying those fears whether well or ill founded.
ii. To advise what safeguards should be included for this purpose in the
Constitution of Nigeria.
iii. If. but only if, no other solution seems to the Commission to meet the case, then
as a last resort to make detailed recommendations for the creation of one or more
new States, and in that case :(a) to specify the precise area to be included in such State or States;

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iv.

(b) to recommend the Governmental and administrative structure most
appropriate for it.
(c) to assess whether any State recommended would be viable from an economic
and administrative point of view and what the effect of its creation would be on
the Region or Regions from which it would be created and on the Federation.
To report its findings and recommendations to the Secretary of State for the
Colonies.

4.
While the Commission did not recommend the creation of states, the report in my
view, contained profound statements which help to explain how and why the mould for the
governance of Nigeria was cast.
a.
The first in the statements is:
“Many witnesses have referred to their fears of Fulani-Hausa domination, and
though the meaning of this phrase was not always expressed in terms, or even
consciously analyzed by those who used it, it clearly implies a system of rule
and of society of which an important ingredient is the operation of Muslim
Law. Some witnesses have specifically referred to this system of law as an
object of fear. Northern Nigeria is peculiar in that there are at work side by side
three distinguishably different systems of law; in the first place, Nigerian law
based on the Common Law of England as modified by Nigerian and British
Statute; Native Law other than Muslim Law; and finally Muslim Law, which in
its turn is divided into the strictly Koranic Law known as Shari' a and the law
arising from the prerogative of the ruler, which is known as Siyasa. To enquire
into the relationship between these different systems in any detail would be a
task for a special Commission; neither our terms of reference nor the time
available to us would permit such an examination, even if we were competent to
undertake it.”
Willink’s Report Page 66.
This statement (a) above connotes an ideology different from Liberal Democracy. It is the
pursuit of this ideology that is in my view responsible for:
i. Conflict of ideology whereby corruption, insecurity, evil acts became instrument
of the ideological war with operatives (Mukhabarat) dominating public offices
and even the private sector;
ii. This invisible and shadowy power structure needs to be dismantled in order that
we may not unwittingly actualize the prediction that Nigeria may disintegrate in
2015, God forbid; and
iii. Proliferation of Traditional Rulers for the wrong reasons in a Democratic
country which serves to weaken liberal democracy;
b.

The other profound statement is by Macpherson as referred to in Willink’s
Report. Part of the statement reads:
“In conclusion, Sir John Macpherson asked those concerned to remember that
the boundary in question was not a boundary between two foreign states but
between two Regions (North and West), which are integral parts of a single
country, and hoped that there would be no further controversial discussion of

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this matter.”

Willink’s Report Page 76

5.
With respect to (b), the Northern boundary has by the conduct of some Northerners
of the older generation been elevated to that between two countries and not one regarded as
an integral part of one country. One North in One Nigeria is a contradiction.
The two factors, combined with the “victory” of “the North over the South” provided the
mould that “churns” out the nature of governance that has become cast in iron in the
promotion of (a) and the reverse of (b) above. This is responsible for the prevalence of
insecurity that has made the promotion of democracy very difficult in Nigeria. An
invisible force outside the government was put in place for this purpose. This invisible
force is the problem of the country in its pursuit of divergent interests, goals and
aspirations different from democracy and rule of law which were agreed by our leaders in
the 1957/58 London Conference and also reflected in section 14 of the 1999 Constitution.
Indirect Rule is still being rigorously prosecuted, and internal colonialism has been
reinvented in present day Nigeria by the same invisible force in order to strengthen its
position. This invisible power bloc must be made visible.
6.
The Committee members agree that Nigeria requires a change from the past and I
associate myself with this position in the Majority Report. An area of disagreement would
be the nature and speed of the change.
Decisions on Terms of Reference and My Position
a. I associate myself completely with the recommendations contained therein in the
majority report in Terms of Reference one (1)
b. With respect to Terms of Reference (2) I associate myself with members that
recommended the construction of the Conference structure on Senatorial basis with
some modifications as contained in the Bill in this Minority Report.
c. On Terms of Reference (3), I recommend that the President should send a Bill to the
National Assembly convening the National Conference. A Draft Bill that provides
for a Referendum and other matters is included in this report for the consideration of
the President. The attached draft in addition gives the President the power to
appoint members on the recommendation of Ethnic Associations in the Country.
d. I associate myself with the majority recommendation with respect to Time Frame.
e. With respect to legal framework, Terms of Reference No.5 my advice is contained
in my explanatory notes below.
7.
The Use of Referendum
It has been suggested to the Advisory Committee by experts that except for situations as
may arise in section 8(1b) and 8(3b) of the 1999 Constitution, referendum defined “as
action taken when people in order to make a decision about a particular subject
rather than voting for a person”, cannot be used without further amendment to the
Constitution. I find it difficult to accept this view point; rather it is my view that
referendum can be used without amending the Constitution as I explain in (8) below.
8.
Sovereignty I submit belongs to the people under Section 14 (2) of the Constitution
and it will be wrong to suggest that the people’s decisions cannot be sought in a

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referendum except permitted under the Constitution. This suggests that sovereignty
belongs to the Constitution and not the people.
9.
On whether in the draft bill, it should be stated that decisions of the conference shall
be subjected to referendum, some members have suggested that the question of referendum
should be left for the conference to decide and thus the law should be silent on it. I find it
difficult to align myself with this view because several meanings could be read as to why
this aspect was omitted and this will not be helpful to the Conference.
10.
One is opposed to universal adult suffrage proposed by the Majority Report
notwithstanding the fact that the proposed Conference is intended to produce a democratic
Constitution. The fact remains that the committee did not articulate who should nominate
the delegates and with the challenges which INEC presently has, it would be unsafe to
saddle that body with a nebulous function of electing members to the National Conference.
The question of referendum is easy in that Nigerians as a whole, as registered voters,
would be called upon to answer a Yes or No question in order to approve a new
Constitution. In any case, if the National Assembly refuses to pass the Bill into law, or
decides to tinker with the conclusion of the committee, then it behoves the peoples of
Nigeria to demand that they must have the final say.
11.
Where there are for example more than fifteen Ethnic Nationalities in a State, it is
suggested that representatives of the more than fifteen Ethnic Nationalities such as
Adamawa, Bauchi, Borno, Cross River, Kaduna, Kebbi, Nasarawa, Niger, Plateau and
Taraba would meet to select the maximum approved for the Senatorial District and those
selected will have the additional duty to protect the interest of those who could not make it
to the Conference. The President may be asked to consider these nationalities while
considering his nominations to the Conference specially because while some Ethnic
Nationalities will have as many as 45 members in the Conference, some 42 other Ethnic
Nationalities will not be represented in some of the states mentioned in this paragraph. The
more logical thing to do is to reduce the number of the big three to accommodate some of
these nationalities.
12.
Ethnicity has defied various negative acts designed to eliminate it such as Indirect
Rule (British bluff), tripod mentality i.e. (Nigeria regarded as being built on three
Nationalities, Hausa/Fulani, lbo and Yoruba) and the act of promoting violence among
Ethnic Nationalities such as the case of Ijaws and Itsekiris. It must be pointed out with
respect to Indirect Rule that traditional aristocracy has never been oriented towards the
productive aspect of social life; they only emphasize the distributive dimension and
promote the use of ethnicity and ethnic conflict to divide minorities in Nigeria. As a man is
born into a family so is he born as a member of an ethnic group and this membership is
unchangeable unlike citizenship that can be changed at will. Therefore, nobody should plan
to wipe out any Ethnic Nationality.
13.
Although indirect rule weakened ethnic groups, it also helped to preserve Ethnic
Nationalities’ corporate existence. Indirect rule divided the Ethnic Nationalities and helped
to weaken their solidarity in order to ensure that they were more effectively subjugated. In
spite of this however, in almost all the centres visited, Ethnic Nationalities trooped out to

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demand that the conference should be Ethnic Nationalities based. No one should deny them
this opportunity.
14.
I recommend selection because in most Nationalities of Nigeria, selection processes
are conducted to choose rulers and representatives and in any case elections in present day
Nigeria are fraught with corruption. Members of the same family know themselves, so too
members of the larger family (Ethnic Nationalities). Selection by the listed Ethnic
organizations in the Draft Bill is preferred. As a result the best of Ethnic Nationalities
representatives are most likely to emerge.
15.
Originally I had demanded that all Ethnic Nationalities must be represented.
Unfortunately for reasons of colonialism and neo-colonialism, Indirect Rule principles of
assimilation and the effects of the tripod mentality, the inclusion of ethnicity as part of the
requirements for enumeration was dropped in the last National Census in 2006. For the
unity of Nigeria and the fact that human beings are more important than geographical
locations in addition to the fact that our Constitution provides for indigenes and non
indigenes, one has agreed on Senatorial districts as the basis for the selection of delegates.
Ethnic Nationalities at the Senatorial district levels should take into consideration, ethnic
diversity, professions, gender, youth and the physical challenges spread across the zones or
region by way of consultations. One believes that this is one of the processes of inclusion
in the politics of the nation as opposed to assimilation and exclusion. It is important that in
the next census, Ethnicity and Religion should be included.
16.
The suggestion that National Conference is simply part of the process of
consultations to aid the Presidency and the National Assembly in the discharge of their
functions with respect to the amendment of the Constitution is untenable. The proposed
National Conference has a specific purpose, namely, to discuss and agree on the terms and
conditions to be embodied in a new Constitution as the basis on which the diverse Ethnic
Nationalities and peoples in Nigeria can live together in peace, security, progress, and unity
as one country under a common central government. This is the primal purpose of the
proposed National Conference, the crux or pivot of its agenda, and to which everything
else is ancillary.
17.
The long title of the proposed Bill describes is, A Bill for an Act to make
provisions for Convening a National Conference of the Peoples of Nigeria for the
Purpose of Discussing and Adopting a new Constitution to be Submitted for
Consideration and Approval by the People of Nigeria at a Referendum and Matters
Incidental Thereto.” The long title thus provides a clear enough description of the
character of the Conference proposed. This is reaffirmed by a declaration in a preamble
that the proposed Conference is a Conference of the nationalities and ethnic groups
comprised in this Nation so as to give them the opportunity to exercise their inherent right
to determine democratically for themselves the Constitution by which they wish to be
governed in one united Nigeria The preamble further declares that the need for the
Conference arises from the fact that the Constitution under which the country is governed
came into existence as a result of a Decree enacted by the Federal Military Government.

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18.
The Bill spells out the machinery and process for the selection or election of
delegates, quorum at the Conference, conduct of proceedings, method of taking decisions,
oath by delegates, appointment of Conference Secretary and other support staff, laying
before the National Assembly of draft Constitution passed by the Conference, publication
and presentation of the draft to the public, and the process for holding a Referendum for
the approval of the Constitution by the entire mass of the people, which is to bestow legally
binding force upon it.
19.
A Referendum of the people to approve the Constitution is the most fundamental
aspect of the whole process. It is no doubt a novel process in the country but that is what is
legitimately due to the Nigerian people- an opportunity, for the first time since the creation
of the Nigerian state in 1914, to adopt, through referendum, a Constitution by and for
themselves in exercise of the constituent power inherent in them as a sovereign people, not
just to make an input in the amendment of an imposed Constitution.
20.
Given an existing legal order, constituted by a Constitution, the principle of the Rule
of Law, by a Legislative Assembly, a presidency, a judiciary and other instrumentalities of
government, such as we have in Nigeria, a National Conference to adopt a peoples
Constitution, and a referendum to approve the Constitution so adopted, must be authorized
by a law enacted by the National Assembly and assented to by the president, in the terms
set out in the attached Bill. There is no way a referendum can be held in the country under
the existing legal order without an enabling law prescribing how it is to be conducted, its
outcome and the force of the result in law. People cannot just troop out to vote in a
referendum. Anything else outside the legal framework set out in my draft Bill can only
take place by way of a revolution, such as happened in the eight African countries where
the Conference took place outside the pre-existing legal order.
21.
The Committee’s decision to the effect that a constitution adopted at the National
Conference shall not be subject to any change or amendment by the National Assembly or
the presidency (section 21(1)), and that the constitution, so adopted, shall become law and
be binding on all persons and authorities immediately it is approved at a Referendum
(section 22(8)), do not make the Conference a sovereign body, in the strict sense of the
term, inasmuch as the finality of its decisions and legally binding force of the approval of
its decisions by the Referendum derive from a law enacted by the sovereign legislative
authorities under the country’s existing legal order.
22.
But refusal by the national Assembly or the presidency to enact into law, the
provisions in sections 21(1) and 22(8) of the Bill, or to abide by them after their enactment
into law will provide an opportunity to test the ability of the Nigerian people, in spite of the
impediments, to assert and demonstrate their power and supremacy as the repository of the
country’s sovereignty and the source of the sovereign power exercised by the legislative
and executive organs of government.
23.
Nigerian unity is not only negotiable but must indeed be re-negotiated for it to stand
or survive the test of time. The reality over the years remains that in spite of the best efforts
of all our leaders past or present, Nigerian unity is not guaranteed. It is simply, at best, an

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aspiration and not yet an achievement. Hence, the statement that Nigerian unity is “not
negotiable’ is simply a historical fallacy.
24.
Many Nigerians are losing the dream of a united Nigeria because of the obstinate
resistance of a few to any idea of reform or restructure of the country. This indeed is
dangerous to Nigeria’s survival as one nation. However, history teaches us that those who
make reforms impossible make revolution inevitable. Many Nigerians love their country,
but forced to choose, they would choose their liberty/freedom.
Conclusion
In the quotation in paragraph 4 above, Sir Henry Willink [QC] concluded that “To enquire
into the relationship between these different systems in any detail would be a task for a
special commission; neither our terms of reference nor the time available to us would
permit such an examination even if we were competent to undertake it”. This task was
undertaken by a Senior Advocate [QC] and the observations and recommendations
contained in this Minority Report is the result of such investigation and research. The
foundation upon which Nigeria was built, Indirect Rule, Tripod mentality etc to provide
excuse for assimilating minorities is faulty. A National Conference after 100 years of
amalgamation will provide an opportunity for Nigerians to examine the past and if this is
honestly done it will become very clear that 1914 is a blessing not a mistake and Nigeria
transformed from a geographical expression to a country would become a nation and the
giant of Africa.
I thank my colleagues and Mr. President for this opportunity given to me to write this
Minority Report.

Solomon Asemota Esq. SAN
Abuja Nov. 2013

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DRAFT BILL
A BILL
FOR AN ACT TO MAKE PROVISION FOR CONVENING A NATIONAL
CONFERENCE OF THE PEOPLES OF NIGERIA FOR THE PURPOSE OF
DISCUSSING AND ADOPTING A NEW CONSTITUTION TO BE SUBMITTED
FOR CONSIDERATION AND APPROVAL AT A REFERENDUM AND
MATTERS INCIDENTALTHERETO
PART 1
WHEREAS

the people of Nigeria are being governed in accordance with the
provisions of the Constitution of the Federal Republic of Nigeria,
1999.

AND WHEREAS the said Constitution came into existence as a Schedule to a Decree
enacted by the then Federal Military Government, Decree 24 of 1999
AND WHEREAS following elections to the Office of President, Vice President and to
the Senate and House of Representatives for the Federation and to the
Office of Governor, Deputy Governor and House of Assembly for
each of the States there developed a general clamour for convening a
Conference of the Nationalities, ethnic groups, civil society groups
and individuals comprised in this Nation so as to give them the
opportunity to exercise their inherent right to determine
democratically for themselves the Constitution by which they wish to
be governed in one united Nigeria as the supreme law of the land
binding on all organs of government and on all authorities and
individuals in the country
AND WHEREAS the National Assembly considers it necessary and expedient for the
peace, order and good government of Nigeria to make provision to
facilitate the convening of the aforesaid Conference and the holding of
a Referendum
NOW THEREFORE THE NATIONAL ASSEMBLY HEREBY ENACTS AS
FOLLOWS:

Short title 1.

This Act may be cited as the National Conference and Referendum
Act and shall come into force on the date of its publication in the
Gazette.

Interpret- 2.
tation

In this Act, except where the context otherwise requires:
“National Conference” means the body of persons established in
accordance with the provisions of this Act.

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“President” Means President of the Federal Republic of Nigeria.
“public service of the Federation” or “public service of a State” has
the meaning assigned to those expressions in the Constitution of the
Federal Republic of Nigeria, 1999
Ethnic nationalities means: The peoples of Nigeria consist of a
social groups, with self perpetuating biological group sharing the same
culture symbols, language value system custom normative behavior
and who members are anchored in a particular part of Nigeria
homeland and/or safe haven.
“State” or “States” refer to the territory or territories described as
such in Part 1 of the First Schedule to the Constitution of the Federal
Republic of Nigeria, 1999, and include the government in control of
such territory or territories
“Sub Zone” refers to any of the group of Local Governments listed in
Schedule 2 of this Act as sub Zone 1 or sub Zone 2
“Zone” and cognate expressions refer to any of the six groups of
States mentioned in section 4 of this Act.
Ethnic nationality
OfNigeriaschedule

3.There

are

389

identifiable

Ethnic

Nationality

in

Nigeria.

Ethnic nationalities means: The peoples of Nigeria consist of a social
groups, with self perpetuating biological group sharing the same
culture symbols, language value system custom normative behavior
and who members are anchored in a particular part of Nigeria
homeland and/or safe haven
The six zones
Schedule 1

4.(1)

For the purposes of this Act, there shall be six Zones in
Nigeria, that is to say, North Central, North East, North West,
South East, South South and South West, with Headquarters at
Jos, Maiduguri, Kaduna, Enugu, Port-Harcourt and Ibadan
respectively.
(2)

Each Zone of Nigeria shall comprise the group of States shown
in the Table in Schedule 2 to this Act

Establishment
Etc of Zonal
Council

5. (1)

There is here established –
(a) In respect of each of the South East, South West and South
South Zones, a Zonal Council; and

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(b) in respect of the North Central, North East, North West
Zones, two sub Zonal Councils each.
SCHEDULE 3

(2)

The two sub Zones (to be known as sub Zone 1 and sub Zone
2) in the North Central, North East and the North West shall
comprise the States shown in Schedule 3 to this Act.

(3)

A Zonal Council or sub Zonal Council shall consist of five
members from each of the Senatorial District and the total
numbers of delegated at the National Conference shall not
exceed seven hundred.

(4)

One hundred and fifty five delegates remaining delegated shall
be appointed by the President taking into consideration the
Ethnic Nationalities that have no delegates from their Zones or
sub Zones, gender, youth and the physically challenged.

(6)(a) The members of a Zonal Council or a sub Zonal Council (as the
case may require) shall be appointed by the President on the
nomination of Afenifere, Yoruba Elders Forum and other
recognized Yoruba organizations (in respect of the South
West), Ohanaeze and other recognized Ibo organizations (in
respect of the South East), Conference of Ethnic Nationalities
of the Niger-Delta and other recognized organizations (in
respect of the South-South), Arewa Consultative Forum,
Northern Elders Forum and other recognized organizations in
the zone (in respect of the States comprising Sub Zone 1) and
the Middle-Belt Forum, Middle Belt Elders Forum and other
recognized organizations (in respect of the States comprising
Sub Zone 2) in each of the North Central, North East and North
West.
(b) The Chairman of a Zonal Council or sub Zonal Council shall be
elected by that Council from among its members.
(c) A meeting of a Zonal Council or sub Zonal Council for the
purpose of electing the Chairman of that Council shall be
convened and presided over by a person to be nominated by the
same body of persons that nominated the Zonal Council or sub
Zonal Council concerned and the date, time and venue of such
meeting shall be notified to every member of the Council.
(7)

If the President fails to appoint a member of the Zonal Council
or sub Zonal Council pursuant to the provisions of subsection
(5) of this section, within 30 days of the nomination being
communicated to him, the person so nominated shall be
deemed to have been duly appointed.

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(8)

A person shall cease to hold office as Chairman or member of
Zonal Council or sub Zonal Council if:
(a) He becomes of unsound mind; or
(b) He becomes bankrupt or makes a composition with his
creditors; or
(c) He is convicted of a felony or any offence involving
dishonesty; or
(d) He is guilty of serious misconduct in relation to his duties;
or
(e) He accepts office as a public officer in the public service of
the Federation or in the public service of a State.

Schedule 4

(9)

The provisions contained in Schedule 3 to this Act shall have
effect with respect to the proceedings of a Zonal Council or a
sub Zonal Council and to other matters as therein contained.

10.

Subject to the provisions of this Act, a Zonal Council or sub
Zonal Council shall have powers for organizing and conducting
the election of the persons who are to serve as delegates to the
National Conference from that Zone or sub Zone. For this
purpose the Zonal Council shall have powers subject to section
9 to employ the existing machinery of INEC for organizing the
election.

11.(1) A person shall not be qualified to be elected as a delegate to the
National Conference if he is currently employed in the public
service of the Federation or in the public service of a State.
(2)

A person may be elected as a delegate to the National
Conference, notwithstanding the fact that he is a member of a
Zonal Council or sub Zonal Council.

(3)

In the election of delegates to the National Conference, a Zonal
Council or sub Zonal Council shall ensure that as far as
practicable, ethnic groups or nationalities indigenous to the
Zone and shades of political opinion in the area for which it is
established are fairly represented and further that the delegates
include persons who by reason of their academic background,
experience in or knowledge of the affairs of the country or

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membership of important interest groups can contribute
meaningfully to the deliberations at the National Conference.
(4)

Notwithstanding the provision of subsection (3) of this section,
a Zonal Council or sub Zonal Council may co-opt any person
as a delegate to represent the Zone, including a person from
outside the Zone or sub Zone including a person from the Zone
or sub Zone, delegates shall not exceed the number prescribed
by section 5(4) of this Act.

(5)

Subject to the provisions of subsection (3) of this section, the
delegates shall be chosen by election.

(6)

A person shall not be elected as a delegate to the National
Conference, or if elected shall cease to be a member if any of
the events mentioned in subsection (8) of section 6 of this Act
(which would disqualify him as Chairman or member of a
Zonal Council or sub Zonal) occurs in relation to him.

(8)

Any vacancy occurring among the delegates to the National
Conference shall be filled by election organized and conducted
by the appropriate Zonal Council in accordance with the
provisions of this Act.

12. (1) There shall be for the purposes of this Act, a National
Conference which shall, subject to this Act, have full powers to
deliberate upon and adopt a Constitution for the Federal
Republic of Nigeria as well as other matters relating to the
unity, welfare and good government of the country.
(2)

(3)

13.

For the purpose of a sub section 1 above, A draft new
constitution prepared by a committee of experts and members
of the presidential advisory committee on national Conference
appointed for that purpose by the President shall be laid before
the Conference and form the basis of its deliberation and
decision.
The National Conference shall be convened by the President
within 60 days after this Act comes into force.
The National Conference shall consist of members elected or
selected from the Ethnic Nationalities listed in the schedule I
represented by one delegate each at the Conference or by the
number of delegates assigned to the Zone to which it belongs.

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14. (1)

There shall be one representative for each of the organizations
listed in schedule II annexed hereto

15.(1) Subject to subsection (2) of this section, a person shall be
qualified for election or selection as a member of the National
Conference if he is a citizen of Nigeria and is not less than
eighteen years old.
(2)

16.

17.

A person shall not be qualified for membership of the National
Conference if(a) He is of unsound mind; or
(b) He is bankrupt or makes a composition with his creditors;
or
(c) He is convicted of a felony or any offence involving
dishonesty; or
(d) He is found guilty of serious misconduct in relation to his
public duties; or
(e) He is a member of the Armed Forces or the Nigeria Police
Force or a member of the public service of the Federation or
of a State within the meaning of the Constitution, or a
member of the staff of any Local Government, unless he has
resigned his office not less than thirty days before his
election or selection.
Subject to this Act, the proceedings of the National Conference
shall be conducted in accordance with the Standing Orders of
the House of Representatives with such modifications as may
be approved by the Chairman of the National Conference and,
subject to such modifications, the Standing Orders shall be
deemed to be the Standing Orders of the National Conference.

Subject to the provisions of this Act every member of the
National Conference shall have one vote.
(2) The quorum of the National Conference for the purpose of
transacting any business other than adjournment shall be not
less than one third of the entire membership.
Provided that no proceedings of the National Conference shall
be rendered invalid under this section unless objection is taken
by a member present other than the person presiding that there
are fewer members present at the meeting than the prescribed
quorum.

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(3) (a) The person presiding at a meeting of the National
Conference shall use his best endeavour to see that decisions
are arrived at by consensus among those present at the
meeting.
(b) Upon failure to arrive at a consensus, any question proposed
for decision shall be regarded as the decision of the
Conference if it is supported by the votes of a majority of
two thirds of the members present and voting or in default of
such majority by the votes of not less than four zones.
(c) For the purpose of sub paragraph (b) of this section a Zone
(whether or not it is divided into sub zones) shall be deemed
to have arrived at a decision by the votes of a simple
majority of the total number of delegates from that Zone.
18.

Every member of the National Conference shall before taking
his seat in the Conference take and subscribe before the
Conference, the oath of allegiance prescribed by the 1999
Constitution for members of the National Assembly, which for
the purposes of this section may be modified in such manner as
may be approved by the Chief Justice of Nigeria so however
that any member may instead of the oath make the appropriate
affirmation as provided by law.

19.(1) There shall be established a National Conference Secretariat
with a Secretary to be appointed by the Conference and who
shall not be a member of the Public Service of the Federation
or of a State and who shall be paid such remuneration and
allowances as may be determined by the Revenue Mobilization,
Allocation and Fiscal Commission (RMAFC)
(2) There shall also be appointed such number of supporting staff
as may be required to assist the Secretary in the performance of
his duties.
20.

There shall be paid to the Chairman, Deputy Chairman and
Members of the National Conference such allowances as the
Revenue Mobilization and Fiscal Commission may approve.

21.(1) The Chairman and Secretary of the National Conference shall
certify the Draft Constitution as passed by the National
Conference and lodge authenticated copies thereof with the
President of the Federal Republic of Nigeria, the President of
the Senate and the Speaker of the House of Representatives
who shall cause it to be laid before the appropriate House but

15

the said Draft Constitution shall not be subject to any change or
amendment by any of these authorities.
(2) The Government Printer shall print or cause to be printed
sufficient copies of the Draft Constitution for sale at cost to any
member of the public who wishes to purchase the same.
22. (1) A referendum shall be held on the question whether the Draft
Constitution for the Federal Republic of Nigeria adopted and
passed by the National Conference is acceptable to the people
of Nigeria.
(2) The question to be asked in the referendum, and the ballot
paper to be used for that purpose, shall be in the form set out in
Schedule 5 to this Act,
but so that the YES ballot papers shall be in green column
whilst the NO ballot papers shall be in RED.
(3) The Independent National Electoral Commission shall be
responsible for organizing and conducting the referendum and
for giving the widest possible publicity to the method for
voting YES or NO.
(4) The persons entitled to vote in the referendum shall be those
whose names are on the Register of Voters for purposes of
election of members of the National Assembly.
(5) The ballot shall be open and the Independent National Electoral
Commission shall make regulations for the purpose of ensuring
the proper conduct thereof and that no person votes more than
once.
(6) The regulations made pursuant to the provisions of this Section
may impose penalties for contravention.
(7) All regulations made as aforementioned shall be laid on the
Table of the National Assembly and published in the Federal
Gazette.
(8) Subject to the provisions of subsection 9 of this section, the
Draft Constitution for the Federal Republic of Nigeria adopted
and passed by the National Conference shall become law and
be binding on all persons and authorities when and if there is a
majority of ‘Yes’ votes approving it but shall not come into
force before the expiration of the term of office of the

16

President, Vice President, the legislative Houses under the
present Constitution of the Federal Republic of Nigeria.
(9) A majority of ‘Yes’ votes for the purposes of this section
means(a) two thirds majority of the votes cast at the referendum
or
(b) a simple majority of votes in each of not less than two thirds
of all six zones mentioned in section 4 of this Act.

PART 11
FINANCIAL PROVISIONS
Funds of the Conference
1.
The secretariat of the Conference shall establish and maintain a fund for the
conference into which shall be paid all monies(a) Appropriated to it by the Federal Government
(b) From any other source;
(c) As may from time to time accrue to it.
2.
the –

The Fund established pursuant to subsection (1) of this section shall be applied for
(a) Day to Day administration of the conference; and
(b) Payment of expenses and other allowances to members and secretariat staff
of the Conference

17

SCHEDULE 1
Nigeria’s 389 Ethnic Groups at a glance
Name of Ethnic Group
Abanyom
Abua (Odual)
Achipa (Achipawa Derne)
Adim
Adara (Kadara)
Adun
Affade
Aeogworo (KAGORO)
Afizere
Afo
Aho
Akaju-Ndem (Akajuk)
Akweya-Yachi
Alago (Arago)
Amo
Anaguta
Anang
Andoni
Angas
Ankwei
Attakar (Ataka)
Atyap (Kataf)
Auyoka (Auyokawa)
Awori
Ayu
Babur
Bachama
Bacheve
Bada
Bade
Bahumono
Bakulung
Bali
Bambara (Bambarawa)
Bambuka (Bamkuba)
Banda (Bandawa)
Bangawa
Bankal (Bankalawa)
Banso (Panso)
Bara (Barawa, Badara)
Barke

Location (By States)
Cross River
Rivers
Kebbi
Cross Rivers
Kaduna
Cross Rivers
Borno
Kaduna
Plateau
Nasarawa
Nasarawa
Cross River
Benue
Nasarawa
Plateau
Plateau
Akwa Ibom
Akwa Ibom, Rivers
Bauchi, Plateau
Plateau
Kaduna
Kaduna
Jigawa
Lagos
kaduna
Borno, Adamawa
Adamawa
Cross River
Plateau
Yobe
Cross River
Taraba
Taraba
Bauchi
Taraba
Taraba
Kebbi
Bauchi
Taraba
Bauchi
Bauchi

18

Baruba (Barba)
Niger
Bashiri (Bashirawa)
Plateau
Bassa
Kogi, Kaduna, Nasarawa, Niger, FCT
Batta
Adamawa
Baushi
Niger
Baya
Adamawa
Bekwara
Cross River
Bele (Belewa)
Bauchi
Betso (Bete)
Taraba
Bette
Cross River
Bilei
Adamawa
Bille
Adamawa
Billa (Binawa)
Kaduna
Bini
Edo
Birom
Plateau
Bobua
Adamawa
Boki (Nki)
Cross River
Bokkos
Plateau
Boko (Bussawa, Borgawa) Bauchi
Bole (Bolewa)
Gombe, Yobe
Bollere
Adamawa
Boma (Bomawa), Burmano)Bauchi
Bomboro
Bauchi
Buduma
Borno, Niger
Buji
Plateau
Buli
Bauchi
Bunu (Kabba)
Kogi, Kwara
Bura
Adamawa
Burak
Gombe
Burma (Bumawa)
Plateau
Buru
Yobe, Borno
Buta (Butawa)
Gombe
Bwall
Plateau
Bwanye (Bwatiye)
Adamawa
Bwazza
Adamawa
Challa
Plateau
Cham (Chamawa Fitilai) Gombe
Chamba (Samba)
Adamawa, Taraba
Chamo
Gombe
Chibok (Chibbak)
Borno
Chinine
Borno
Chip
Plateau
Chokobo
Plateau.
Chukkol
Adamawa
Daba
Adamawa
Dadiya
Gombe
Daka
Taraba

19

Dakarkari
Danda (Dandawa)
Dangsa
Daza (Dere, Derewa)
Degema
Deno (Denawa) .
Dghwede (Dghuede)
Diba
Doemak (Dumuk)
Duguri
Duka (Dukawa, Hunnu)
Ebana (Ebani)
Ebirra (Igbirra)
Ebu
Efik
Egbema
Egede (Igedde)
Eggon
Egun (Gu)
Ejagham
Ekajuk
Eket
Ekoi
Engenni (Ngene)
Enyima
Epie
Esan (Ishan)
Etche
Etolu (Etilo)
Etsako
Etung
Etuno
Fakkawa (Paeknu)
Falli
Fantsuam (Kafanchan)
Fulbe (Fulani)
Fyam (Fyem)
Fyer (Fer)
Ga,anda
Gade
Galambi
Gamargu-Mulgwa
Ganagana
Ganawuri
Gavoko (Govoko)
Gbari (Gbengi)
Gbedde

Niger
Kebbi
Adamawa
Bauchi
Rivers
Bauchi
Borno
Adamawa
Plateau
Bauchi
Kebbi
Rivers
Kogi, Ondo, Nasarawa
Edo
Cross River
Rivers
Benue
Nasarawa
Lagos
Cross River
Cross River
Akwa Ibom
Cross River
Bayelsa
Cross River
Bayelsa
Edo
Rivers
Benue
Edo
Cross River
Edo
Kebbi
Adamawa
Kaduna
Northern States
Plateau
Plateau
Adamawa
Niger, Nasarawa
Bauchi
Borno
Kogi
Plateau
Borno
Kogi
Kogi

20

Gelawa
Gengle
Geji
Gera (Gere, Gerawa)
Gerka (Gerkawa)
Geruma (Gerumawa)
Gingwak
Gira
Gizigz (Gizga)
Gobirawa
Goemai
Gombi
Gomun (Gumun)
Gongola (Gongla)
Gubi (Gubawa)
Gude
Gudu
Gungwa (Reshe)
Gure
Gurmana
Gurumtum
Gusu (Gusawa)
Gwa (Gurawa)
Gwamba·
Gwandara
Gwari (Gbari)
Gwom
Gwoza (Waha)
Gyem
Hausa
Higi (Higgi)
Holma
Hona (Hwana)
lbeno
lbibio
lchen
ldoma
Igala
Igbo
ljumu
Ikom
Ikwere
lrigwe
lsoko
lsekiri (Itsekiri)
Iyala (Iyalla)
Izon (Ijo)

Kebbi
Adamawa
Bauchi
Bauchi
Plateau
Bauchi
Bauchi
Adamawa
Adamawa
Sokoto
Plateau
Adamawa
Taraba
Adamawa
Bauchi
Adamawa
Adamawa
Kebbi
Kaduna
Niger
Bauchi
Plateau
Bauchi
Adamawa
Kaduna, Nasarawa, FCT
Kaduna, Niger. FCT, Nasarawa
Taraba
Borno
Bauchi
Northern States
Borno, Adamawa
Adamawa
Adamawa
Akwa Ibom
Akwa Ibom
Taraba
Benue, Adamawa
Kogi
Delta, Cross River and eastern states
Kogi, Kwara
Cross River
Rivers
Plateau
Delta, Bayelsa
Delta
Cross River
Delta, Ondo, Rivers, Bayelsa, Edo

21

Jaba
Kaduna
Jahuna (Jahunawa)
Taraba
Jaku
Bauchi
lara (Jaar Jarawa Jarawa-Dutse) Borno, Plateau, Bauchi
Jere (Jare, Jera, Jerawa)
Bauchi, Plateau
Jero
Taraba
Jibu
Taraba
Jidda-Abu
Nasarawa
Jimbin (Jimbinawa)
Bauchi
Jirai
Adamawa
Jonjo (Jenjo)
Taraba
Jukun
Benue, Taraba, Plateau, Gombe
Kaba (Kabawa)
Taraba
Kadara
Niger
Kaje (Kache)
Kaduna
Kajuru (Kajurawa)
Kaduna
Kaka
Taraba
Kamaku (Kamukawa)
Kaduna
Kambari (Kambariwa)
Niger, Kebbi
Kambu
Taraba
Kamo
Gombe
Kamukawa (Katsinawa, Laka) Kebbi
Kanakuru (Dera)
Borno,Adamawa
Kanembu
Borno
Kanikon
Kaduna
Kantana
Nasarawa
Kanufi
Kaduna
Kanuri
Borno, Taraba, Jigawa, Yobe, Nasarawa
Karekare (Karaikarari)
Bauchi, Yobe
Karimjo
Taraba
Kariya
Bauchi
Kelawa
Kebbi
Kenem (Koenoem)
Plateau
Kenga (Kyenga, Kyengawa) Kebbi
Kenton
Taraba
Kiballo (Kiwollo)
Kaduna
Kilba
Adamawa
Kirfi (Kirfawa)
Bauchi
Koma
Adamawa
Kona
Adamawa
Koro (Kwaro)
Kaduna, Niger
Kubi (Kubawa)
Bauchi
Kudachano (Kudawa)
Bauchi
Kugarna
Adamawa
Kulere (Kalere)
Plateau
Kunini
Taraba
Kurama
Kaduna, Plateau

22

Kurdul
Adamawa
Kushi
Bauchi
Kuteb
Taraba
Kutin
Adamawa
Kwalla
Plateau
Kwami (Kwom)
Gombe
Kwanchi
Taraba
Kwanka (Kwankawa)
Bauchi, Plateau
Kwato
Nasarawa
Kyenga (Kengawa, Kenga) Kebbi
Laaru (Larawa)
Niger
Lakka
Adamawa
Lala
Adamawa
Lama
Adamawa
Lamja
Adamawa
Lau
Taraba
Libbo
Adamawa
Limoro (Limaro)
Bauchi, Plateau
Lopa (Iupa, Lopawa)
Niger, Kebbi
Longunda (Lunguda)
Gombe, Adamawa
Mabo
Plateau
Mada
Kaduna, Nasarawa
Maguzawa
Zamfara
Mama
Nasarawa
Mambilla
Taraba
Manchok
Kaduna
Mandara (Wandala)
Borno
Manga (Mangawa)
Yobe
Margi (Marghi)
Borno, Adamawa
Matakam
Adamawa
Mbembe
Cross River, Ebonyi
Mbol
Adamawa
Mbube
Cross River
Mbula
Adamawa
Mbum
Adamawa
Mernyang (Meryan)
Plateau
Miango
Plateau
Miligili (Migili)
Nasarawa
Miya (Miyawa)
Bauchi
Mobber
Borno
Montol
Plateau
Moruwa (Moro'a; Morwa) Kaduna
Muchalla
Adamawa
Mumuye
Adamawa, Taraba
Mundang
Adamawa
Munga
Taraba
Mupun (Mupung)
Plateau

23

Mushere
Nasarawa, Plateau
Mwahavul (Mwaghavul) Plateau
Ndoro
Adamawa, Taraba
Ngamo
Bauchi, Yobe
Ngizim
Yobe
Ngweshe (NgosheNdhang) Borno, Adamawa
Nindare
Nasarawa
Ningi (Ningawa)
Bauchi
Ninzam (Ninzo)
Kaduna, Nasarawa
Njayi (Nzanyi)
Adamawa
Nkim
Cross River
Nkum
Cross River
Nokere (Nakere)
Nasarawa
Nufawa
Kebbi
Nunku
Kaduna, Nasarawa
Nupe
Niger, Kogi
Nyandang
Taraba, Adamawa
Ododop
Cross River
Ogoni
Rivers
Ogori
Kogi
Okobo (Okkobor)
Akwa Ibom
Okpamheri
Edo
Olulumo
Cross River
Oron
Akwa Ibom
Owan
Edo
Owe
Kogi
Oworo
Kogi
Pa'a (Pa'awa, Afawa)
Bauchi
Pai
Plateau
Panyam
Taraba
Pero
Gombe
Pire (Pere)
Adamawa
Pkanzom
Taraba
Poli
Adamawa
Polchi Habe
Bauchi
Pongo (Pongu)
Niger
Potopo
Adamawa
Pyapun (Piapung)
Plateau
Qua
Cross Rjver
Rebina (Rebinawa)
Bauchi
Reshe (Gungawa)
Kebbi, Niger
Rindire (Rendre)
Nasarawa
Rishuwa
Kaduna
Ron
Plateau
Rubu
Niger
Rukuba
Plateau
Rumada
Kaduna

24

Rumaya
Sakbe
Sakkwatawa
Sanga
Sarkawa
Sate
Saya (Sayawa Za'ar)
Segidi (Sigidawa)
Shanga (Shangawa)
Shagawu (Shagau)
Shan-Shan
Shira (Shirawa)
Shomo
Shuwa
Sikdi
Siri (Sirawa)
Srubu (Surubu)
Sukur
Sura
Tangale
Tarok
Teme
Tera (Terawa)
Teshena (Teshenawa)
Tigon
Tikar
Tiv
Tula
Tur
Ufia
Ukelle
Ukwani (Kwale)
Uncinda
Uneme (lneme)
Urhobo
Utonkong
Uyanga
Vemgo
Verre
Vomni
Wagga
Waja
Waka
Warja (Warjawa)
Warji
Wula
Wula-Matakam

Kaduna
Adamawa
Sokoto
Bauchi
Kebbi
Adamawa
Bauchi
Bauchi
Kebbi
Plateau
Plateau
Bauchi
Taraba
Borno, Adamawa.Yobe
Plateau
Bauchi
Kaduna
Adamawa
Plateau
Gombe
Plateau, Adamawa
Adamawa
Borno, Gombe
Bauchi
Taraba
Adamawa
Benue, Taraba, Nasarawa
Gombe
Adamawa
Benue
Cross River
Delta
Kaduna, Niger, Kebbi
Edo
Delta
Benue
Cross River
Adamawa
Adamawa
Adamawa
Adamawa
Adamawa, Gombe
Adamawa
Jigawa
Bauchi
Adamawa
Borno

25

Wurbo
Adamawa
Wurkun
Taraba
Yache
Cross River
Yahe
Cross River
Yagba
Kogi
Yakurr (Yako)
Cross River
Yalla
Benue
Yandang
Adamawa, Taraba
Yergan (Yergum)
Plateau
Yoruba
Kwara and Western states
Yotti
Adamawa
Yumu
Niger
Yungur
Adamawa
Yuom
Plateau
Zabarma (Zarma, Zabarmawa) Niger, Kebbi
Zamfarawa
Zamfara
Zaranda
Bauchi
Zayam (Zeem)
Bauchi
Zul (Zulawa)
Bauchi
Source: Onigu Otite – Ethnic Pluralism Ethnicity and Ethnic Conflicts in Nigeria 2nd Edition 2000

All nationalities shall be entitled to their traditional ruler if they have one, to protect
the culture, traditions and language in accordance with the law. All Ethnic
Nationalities that make up Nigeria shall be included in the Constitution (we the
people of Nigeria) not local governments.

26

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.

Ethnic Nationalities Location (By States)
Abia
Adamawa
Akwa Ibom
Anambra
Bauchi
Bayelsa
Benue
Borno
Cross River
Delta
Ebonyi
Edo
Ekiti
Enugu
Gombe
Imo
Jigawa
Kaduna
Kano
Katsina
Kebbi
Kogi
Kwara
Lagos
Nasarawa
Niger
Ogun
Ondo
Osun
Oyo
Plateau
Rivers
Sokoto
Taraba
Yobe
Zamfara
FCT – Abuja

Number of Ethnic Group
78
7
50
4
9
21
30
6
1
9
15
3
30
19
14
2
2
23
20
2
49
9
2
37
9
2
3

Spread





Fulbe (Fulani) Ethnic Group
Hausa
Igbo
Yoruba

-

Northern States
Northern States
Delta Cross River and Eastern States
Kwara and Western States

27

SCHEDULE 2 Section 3
THE SIX ZONES OF NIGERIA
ZONE
(a) NORTH CENTRAL

HEADQUARTERS
Jos

(b) NORTH EAST

Maiduguri

(c) NORTH WEST

Kaduna

(d) SOUTH EAST

Enugu

(e) SOUTH SOUTH

Port-Harcourt

(f) SOUTH WEST

Ibadan

CONSTITUENT STATES
1. Kwara
2. Kogi
3. Plateau
4. Nasarawa
5. Benue
6. Niger
1. Borno
2. Yobe
3. Bauchi
4. Gombe
5. Taraba
6. Adamawa
1. Sokoto
2. Zamfara
3. Kebbi
4. Kaduna
5. Katsina
6. Kano
7. Jigawa
1. Anambra
2. Enugu
3. Ebonyi
4. Imo
5. Abia
1. Edo
2. Delta
3. Rivers
4. Bayelsa
5. Cross River
6. Akwa Ibom
1. Lagos
2. Ogun
3. Oyo
4. Osun
5. Ondo
6. Ekiti

28

SCHEDULE 3 Section 4(4)(a)
NORTH CENTRAL ZONE
Sub Zone 1
States from which the appropriate organisations mentioned in section 4(4)(a) are to
nominate members to the Zonal Council:
1. Nassarawa 2. Niger
Sub Zone 2
1. Plateau

2. Nassarawa

4. Kogi

5. Kwara

3. Benue
6. Niger

7. Federal Capital Territory
NORTH EAST ZONE
Sub Zone 1
nominate members to the zonal Council
1. Bauchi

2. Borno

3. Gombe

4. Yobe

Sub Zone 2
nominate members to the Zonal Council
1. Adamawa 2. Bauchi

3. Borno

4. Gombe

6. Yobe

5. Taraba

NORTH WEST ZONE
Sub Zone 1
1. Sokoto

2. Zamfara

3. Kebbi 4. Kaduna

5. Katsina

6. Kano 7. Jigawa

Sub Zone 2
1. Kaduna

2. Kebbi 3. Jigawa

29

SCHEDULE 4 Section 4(9)
PROCEEDINGS OF A ZONAL COUNCIL
OR A SUB ZONAL COUNCIL
1.(1) Subject to this Act a Zonal Council may make standing orders regulating its
proceedings or those of any of its committees.
(2)

The quorum of a Zonal Council shall be ten members and the quorum of any
committee appointed by it shall be determined by the Zonal Council.

2.(1) A Zonal Council shall meet whenever it is summoned by the Chairman; and if the
Chairman is required to do so by notice given to him by not less than ten other
members, he shall summon a meeting of the Zonal Council to be held within
fourteen days from the date of which the notice is given.
(2) At any meeting of the Zonal Council the Chairman shall preside but if he is absent,
the members present at the meeting shall appoint one of their numbers to preside at
that meeting.
(3) Where the Zonal Council desires to obtain the advice of any person on a particular
matter, the Council may co-opt him for such period as it thinks fit; but a person who
is in attendance by virtue of this sub-paragraph shall not be entitled to vote at any
meeting of the Zonal Council and shall not count towards a quorum.
3.

The validity of any proceeding of a Zonal Council or of a committee thereof shall
not be adversely affected by any vacancy in the membership of the Council or
committee or by any defect in the appointment of a member of the Zonal Council or
of a committee or by reason that a person not entitled to do so took part in the
proceedings of the Zonal Council or committee.

Committees
4.(1) A Zonal Council may appoint one or more committees to carry out, on behalf of the
Council such of its functions as the Council may determine.
(2) A committee appointed under this paragraph shall consist of such number of persons
(not necessarily members of the Zonal Council) as may be determined by the Zonal
Council; and a person other than a member of the Zonal Council shall hold office on
the committee in accordance with the terms of his appointment.
(3) A decision of a committee of the Zonal Council shall be of no effect until it is
confirmed by the Council

30

SCHEDULE 5 Section 17(1)

Form of Questions
DO YOU THINK THAT THE CONSTITUTION PROPOSED FOR NIGERIA BY THE
NATIONAL CONFERENCE IS ACCEPTABLE?

Green Ballot Paper

for YES.
Green
Red

Red Ballot Paper

for NO.

31

THE PRESIDENCY

FEDERAL REPUBLIC OF NIGERIA

MINORITY REPORT OF THE

PRESIDENTIAL ADVISORY COMMITTEE ON
NATIONAL DIALOGUE/CONFERENCE

NOVEMBER 2013

Minority Report on Nigeria's Constitutional Reform

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