1

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;

2

(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.

iv. 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

3

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

4

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

5

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.

6

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

7

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

8

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. In this Act, except where the context otherwise requires:

tation

“National Conference” means the body of persons established in

accordance with the provisions of this Act.

9

“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

10

(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.

11

(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

12

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) 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.

(3) The National Conference shall be convened by the President

within 60 days after this Act comes into force.

13. 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.

13

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) 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.

16. 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.

17. 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.

14

(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 Fund established pursuant to subsection (1) of this section shall be applied for

the –

(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 Location (By States)

Abanyom Cross River

Abua (Odual) Rivers

Achipa (Achipawa Derne) Kebbi

Adim Cross Rivers

Adara (Kadara) Kaduna

Adun Cross Rivers

Affade Borno

Aeogworo (KAGORO) Kaduna

Afizere Plateau

Afo Nasarawa

Aho Nasarawa

Akaju-Ndem (Akajuk) Cross River

Akweya-Yachi Benue

Alago (Arago) Nasarawa

Amo Plateau

Anaguta Plateau

Anang Akwa Ibom

Andoni Akwa Ibom, Rivers

Angas Bauchi, Plateau

Ankwei Plateau

Attakar (Ataka) Kaduna

Atyap (Kataf) Kaduna

Auyoka (Auyokawa) Jigawa

Awori Lagos

Ayu kaduna

Babur Borno, Adamawa

Bachama Adamawa

Bacheve Cross River

Bada Plateau

Bade Yobe

Bahumono Cross River

Bakulung Taraba

Bali Taraba

Bambara (Bambarawa) Bauchi

Bambuka (Bamkuba) Taraba

Banda (Bandawa) Taraba

Bangawa Kebbi

Bankal (Bankalawa) Bauchi

Banso (Panso) Taraba

Bara (Barawa, Badara) Bauchi

Barke 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 Niger

Danda (Dandawa) Kebbi

Dangsa Adamawa

Daza (Dere, Derewa) Bauchi

Degema Rivers

Deno (Denawa) . Bauchi

Dghwede (Dghuede) Borno

Diba Adamawa

Doemak (Dumuk) Plateau

Duguri Bauchi

Duka (Dukawa, Hunnu) Kebbi

Ebana (Ebani) Rivers

Ebirra (Igbirra) Kogi, Ondo, Nasarawa

Ebu Edo

Efik Cross River

Egbema Rivers

Egede (Igedde) Benue

Eggon Nasarawa

Egun (Gu) Lagos

Ejagham Cross River

Ekajuk Cross River

Eket Akwa Ibom

Ekoi Cross River

Engenni (Ngene) Bayelsa

Enyima Cross River

Epie Bayelsa

Esan (Ishan) Edo

Etche Rivers

Etolu (Etilo) Benue

Etsako Edo

Etung Cross River

Etuno Edo

Fakkawa (Paeknu) Kebbi

Falli Adamawa

Fantsuam (Kafanchan) Kaduna

Fulbe (Fulani) Northern States

Fyam (Fyem) Plateau

Fyer (Fer) Plateau

Ga,anda Adamawa

Gade Niger, Nasarawa

Galambi Bauchi

Gamargu-Mulgwa Borno

Ganagana Kogi

Ganawuri Plateau

Gavoko (Govoko) Borno

Gbari (Gbengi) Kogi

Gbedde Kogi

20

Gelawa Kebbi

Gengle Adamawa

Geji Bauchi

Gera (Gere, Gerawa) Bauchi

Gerka (Gerkawa) Plateau

Geruma (Gerumawa) Bauchi

Gingwak Bauchi

Gira Adamawa

Gizigz (Gizga) Adamawa

Gobirawa Sokoto

Goemai Plateau

Gombi Adamawa

Gomun (Gumun) Taraba

Gongola (Gongla) Adamawa

Gubi (Gubawa) Bauchi

Gude Adamawa

Gudu Adamawa

Gungwa (Reshe) Kebbi

Gure Kaduna

Gurmana Niger

Gurumtum Bauchi

Gusu (Gusawa) Plateau

Gwa (Gurawa) Bauchi

Gwamba· Adamawa

Gwandara Kaduna, Nasarawa, FCT

Gwari (Gbari) Kaduna, Niger. FCT, Nasarawa

Gwom Taraba

Gwoza (Waha) Borno

Gyem Bauchi

Hausa Northern States

Higi (Higgi) Borno, Adamawa

Holma Adamawa

Hona (Hwana) Adamawa

lbeno Akwa Ibom

lbibio Akwa Ibom

lchen Taraba

ldoma Benue, Adamawa

Igala Kogi

Igbo Delta, Cross River and eastern states

ljumu Kogi, Kwara

Ikom Cross River

Ikwere Rivers

lrigwe Plateau

lsoko Delta, Bayelsa

lsekiri (Itsekiri) Delta

Iyala (Iyalla) Cross River

Izon (Ijo) 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 Kaduna

Sakbe Adamawa

Sakkwatawa Sokoto

Sanga Bauchi

Sarkawa Kebbi

Sate Adamawa

Saya (Sayawa Za'ar) Bauchi

Segidi (Sigidawa) Bauchi

Shanga (Shangawa) Kebbi

Shagawu (Shagau) Plateau

Shan-Shan Plateau

Shira (Shirawa) Bauchi

Shomo Taraba

Shuwa Borno, Adamawa.Yobe

Sikdi Plateau

Siri (Sirawa) Bauchi

Srubu (Surubu) Kaduna

Sukur Adamawa

Sura Plateau

Tangale Gombe

Tarok Plateau, Adamawa

Teme Adamawa

Tera (Terawa) Borno, Gombe

Teshena (Teshenawa) Bauchi

Tigon Taraba

Tikar Adamawa

Tiv Benue, Taraba, Nasarawa

Tula Gombe

Tur Adamawa

Ufia Benue

Ukelle Cross River

Ukwani (Kwale) Delta

Uncinda Kaduna, Niger, Kebbi

Uneme (lneme) Edo

Urhobo Delta

Utonkong Benue

Uyanga Cross River

Vemgo Adamawa

Verre Adamawa

Vomni Adamawa

Wagga Adamawa

Waja Adamawa, Gombe

Waka Adamawa

Warja (Warjawa) Jigawa

Warji Bauchi

Wula Adamawa

Wula-Matakam 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

Spread

Fulbe (Fulani) Ethnic Group - Northern States

Hausa - Northern States

Igbo - Delta Cross River and Eastern States

Yoruba - Kwara and Western States

Ethnic Nationalities Location (By States) Number of Ethnic Group

1. Abia -

2. Adamawa 78

3. Akwa Ibom 7

4. Anambra -

5. Bauchi 50

6. Bayelsa 4

7. Benue 9

8. Borno 21

9. Cross River 30

10. Delta 6

11. Ebonyi 1

12. Edo 9

13. Ekiti -

14. Enugu -

15. Gombe 15

16. Imo -

17. Jigawa 3

18. Kaduna 30

19. Kano -

20. Katsina -

21. Kebbi 19

22. Kogi 14

23. Kwara 2

24. Lagos 2

25. Nasarawa 23

26. Niger 20

27. Ogun -

28. Ondo 2

29. Osun -

30. Oyo -

31. Plateau 49

32. Rivers 9

33. Sokoto 2

34. Taraba 37

35. Yobe 9

36. Zamfara 2

37. FCT – Abuja 3

27

SCHEDULE 2 Section 3

THE SIX ZONES OF NIGERIA

ZONE HEADQUARTERS CONSTITUENT STATES

(a) NORTH CENTRAL Jos 1. Kwara

2. Kogi

3. Plateau

4. Nasarawa

5. Benue

6. Niger

(b) NORTH EAST Maiduguri 1. Borno

2. Yobe

3. Bauchi

4. Gombe

5. Taraba

6. Adamawa

(c) NORTH WEST Kaduna 1. Sokoto

2. Zamfara

3. Kebbi

4. Kaduna

5. Katsina

6. Kano

7. Jigawa

(d) SOUTH EAST Enugu 1. Anambra

2. Enugu

3. Ebonyi

4. Imo

5. Abia

(e) SOUTH SOUTH Port-Harcourt 1. Edo

2. Delta

3. Rivers

4. Bayelsa

5. Cross River

6. Akwa Ibom

(f) SOUTH WEST Ibadan 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

States from which the appropriate organisations mentioned in section 4(4)(a) are to

nominate members to the Zonal Council:

1. Plateau 2. Nassarawa 3. Benue

4. Kogi 5. Kwara 6. Niger

7. Federal Capital Territory

NORTH EAST 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. Bauchi 2. Borno 3. Gombe 4. Yobe

Sub Zone 2

States from which the appropriate organisations mentioned in section 4(4)(a) are to

nominate members to the Zonal Council

1. Adamawa 2. Bauchi 3. Borno

4. Gombe 5. Taraba 6. Yobe

NORTH WEST 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. Sokoto 2. Zamfara 3. Kebbi 4. Kaduna

5. Katsina 6. Kano 7. Jigawa

Sub Zone 2

States from which the appropriate organisations mentioned in section 4(4)(a) are to

nominate members to the Zonal Council:

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?

for YES.

for NO.

Green Ballot Paper

Green

Red

Red Ballot Paper

31

THE PRESIDENCY

FEDERAL REPUBLIC OF NIGERIA

MINORITY REPORT OF THE

PRESIDENTIAL ADVISORY COMMITTEE ON

NATIONAL DIALOGUE/CONFERENCE

NOVEMBER 2013