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Published On: Thu, Oct 16th, 2014

Devolution of Power

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National-Conference-Chair-Legbo-KutigiReview of the legislative lists of the tiers of government

Recommendations on the exclusive legislative

List

1. Accounts of the Government of the Federation, and of offices, Courts and authorities thereof, including audit of those accounts;

2. Arms, ammunition and explosives;

3. Aviation, including airports, safety of aircraft and carriage of passengers and goods by air;

4. Awards of national titles of honour, decorations and other dignities;

5. Bankruptcy and insolvency;

6. Banks, banking, bills of exchange and promissory notes: Conference decided that items 6, 15 and 24 be merged and amended to read: ‘Banks, banking, exchange control, bills of exchange, currency, coinage, legal tender and promissory notes’; the reason being that the items merged are similar and could come under same legislation.

Conference decided that it be retained in the Exclusive Legislative List as specified in the 1999 Constitution (as amended);

7. Borrowing of moneys within and outside Nigeria for the purposes of the Federation or of any State; and 8. Census, including the establishment and maintenance of machinery for continuous and universal registration of births and deaths throughout Nigeria.

Conference decided that this item be split into two parts:

i. Census and National Identification Registration” to be retained in the Exclusive Legislative List; While

ii. “Registration of Births and Deaths” to be moved from the Exclusive Legislative List to the Concurrent Legislative List.

9. Citizenship, naturalisation and aliens.

Conference decided that items 9, 18, 30 and 42 be merged and amended to read: “Citizenship, naturalization, immigration and emigration, passport, aliens, and deportation of persons who are not citizens of Nigeria” and further recommends that the items (as amended) be retained in the Exclusive Legislative List. Conference made the recommendation on the strength that the items are all related and therefore did not see any compelling reason to keep them separated;

10. Commercial and industrial monopolies, combines and trusts;

11. Construction, alteration and maintenance of such roads as may be declared by the National Assembly to be Federal Trunk Roads.

Conference decided that the Item be amended to read: ‘Federal Trunk Roads’ and retained in the Exclusive Legislative List.

12. Control of Capital Issues.

13. Copyright

Conference decided that the item be moved from the Exclusive Legislative List to the Concurrent Legislative List.

14. Creation of States.

15. Currency, coinage and legal tender.

Conference decided that items 15, 6, and 24 be merged and amended to read: ‘Banks, banking, exchange control, bills of exchange, currency, coinage, legal tender and promissory notes’ and retained in the Exclusive Legislative List.

16. Customs and excise duties.

Conference decided that items 16 and 25 be merged and amended to read: ‘Customs, Excise and Export Duties, and retained in the Exclusive Legislative List . Conference made this recommendation based on the fact that the items were related.

17. Defence.

18. Deportation of persons who are not citizens of Nigeria.

The National Conference recommends that items 18, 9, 30 and 42 be merged and amended to read: ‘Citizenship, naturalization, immigration and emigration, passport, aliens, and deportation of persons who are not citizens of Nigeria’ and retained in the Exclusive Legislative List. The reason being that Conference considered the items merged as related.

19. Designation of securities in which trust funds may be invested.

20. Diplomatic, consular and trade representation.

21. Drugs and poison

22. Election to the offices of President and Vice-President or Governor and Deputy Governor and any other office to which a person may be elected under this Constitution, excluding election to a local government council or any office in such Council.

The National Conference decided that the item be amended to read: ‘Election to the offices of President and Vice-President or Governor and Deputy Governor and any other office to which a person may be elected under this Constitution and retained in the Exclusive Legislative List.

23. Evidence.

Conference decided that items 23 and 28 be merged and amended to read: ‘Evidence, fingerprints, identification and criminal records’ be retained in the Exclusive Legislative List.

24. Exchange Control

Conference agreed that items 24, 6, and 15 be merged and amended to read: ‘Banks, banking, exchange control, bills of exchange, currency, coinage, legal tender and promissory notes’ and retained in the Exclusive Legislative List.

25. Export duties.

Conference agreed that items 25 and 16 be merged and amended to read:

‘Customs, Excise and Export Duties, and retained in the Exclusive Legislative List.

26. External Affairs.

27. Extradition.

28. Fingerprints, identification and criminal records.

Conference decided that items 28 and 23 be merged and amended to read: ‘Evidence, fingerprints, identification and criminal records’ and moved to the Concurrent Legislative List.

29. Fishing and fisheries other than fishing and fisheries in rivers, lakes, waterways, ponds and other inland waters within Nigeria.

30. Immigration and emigration from Nigeria-Conference agreed that items 30, 42, 18, and 9 be merged and amended to read: ‘Citizenship, naturalization, immigration and emigration, passport, aliens, and deportation of persons who are not citizens of Nigeria’ and retained in the Exclusive Legislative List .The committee merged the items because they are interrelated.

31. Implementation of treaties relating to matters on the list.

32. Incorporation, regulation and winding up of bodies corporate, other than co-operative societies, local government councils and bodies corporate established directly by any Law enacted by a House of Assembly of a State.

33. Insurance.

34. Labour, including trade unions, industrial relations; conditions, safety and welfare of labour; industrial disputes; prescribing a national minimum wage for the Federation or any part thereof; and industrial arbitrations

35. Legal proceedings between Governments of States or between the Government of the Federation and Government of any State or any other authority or person.

36. Maritime shipping and Navigation, includinga.

Shipping and navigation on tidal waters;

b. Shipping and navigation on the River Niger and its affluents and on any such other inland waterways as may be designated by the National Assembly to be an international waterway or to be an inter-State waterway;

c. Lighthouses, lightships, beacons and other provisions for the safety of shipping and navigation;

d. Such ports as may be declared by the National Assembly to the Federal ports (including the constitution and powers of port authorities for federal ports).

37. Meteorology.

38. Military, (Army, Navy and Air Force) including any other branch of the armed forces of the Federation.

39. Mines and minerals, including oil fields, oil mining, geological surveys and natural gas.

Conference decided that it should be retained in the Exclusive Legislative List as specified in the 1999 Constitution of the Federal Republic Nigeria (as amended) but amended to read:- “Mines and all Minerals, including oil fields, oil mining, geological surveys and natural gas, provided that:

(a) the governments of states where the mining activities take place shall be involved in matters relating thereto;

(b) the government of the federation shall create a special fund to develop mines and minerals in states where such resources are undeveloped.”

In making this recommendation, the National Conference considered the overriding need to bring all the other mineral resources of the country, hitherto undeveloped into mainstream development by activating National Strategic Plan for exploitation of all minerals so as to boost their contribution to the Gross Domestic Product (GDP).

It also was of the view that this item (as amended) would enable the federal government set up or create a special fund that would ensure the realization of the above mentioned goal through a tripartite relationship between the federal government-state and investor(s).This in its view is also meant to diversify the economy of the country rapidly and give those states involved, a sense of belonging in the Nigerian nation .Such diversification of the economic base of the country would reduce the over dependence on oil and gas revenue; engender economic sustainability and substantially reduce the tensions over the issue of revenue sharing.

40. National parks being such areas in a State as may, with the consent of the Government of that State, be designated by the National Assembly as national parks.

41. Nuclear energy.

42. Passport and visa.

Conference decided that this Item be merged with items 30, 18, and 9 to read: ‘Citizenship, naturalization, immigration and emigration, passport, aliens, and deportation of persons who are not citizens of Nigeria’ and retained in the Exclusive Legislative List .The committee considers the items merged as related.

43. Patent, trademarks, trade or business names, industrial designs and merchandise marks.

44. a). Retirees previously employed by the Federal Government should be entitled to payment of their benefits by the Federal Government. (This should be retained in the Exclusive Legislative list).

b) State Governments shall have jurisdiction over the pension matters of their own employees/retirees (This should be moved to the Concurrent Legislative list).

45. The Police

The National Conference decided that this item be moved from the Exclusive Legislative List to the Concurrent Legislative List.

 

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