Delegates at the ongoing national conference spent the major part of their deliberations on Monday arguing over the clause stipulating that all decisions of the delegates must be reached through consensus or a vote of 75 per cent majority.
It was a delegate, Chief Mike Ozekomhe (SAN) who drew the attention of Conference Chairman, Justice Idris Kjutigi to the need to amend the provision to instead reach decisions through two-thirds majority, in line with the provision of the constitution as well as global best practices.
According to the human rights lawyer, it would be against the interest of natural justice for major decisions to be decided by only a few people at the confab, considering that with the 75 per cent rule, if delegates have 74.99 per cent, then their decisions are invalid; meanwhile, a minority of 25 per cent delegates could easily win over anything under the rule of consensus.
“My Lord, I want to point out for your attention and that of the delegates that a lot of very controversial and emotive issues will come up at the conference since many of the delegates here represent local and community interests”, Ozekomhe said.
“Under the provision for 75 per cent, for any dissenting voice to get anything done here, it would be very difficult for anything to be achieved. We should therefore go back to the normal practice of two-thirds majority when it comes to voting on any matter, because what this means is that for any decision to be taken no fewer than 369 of the 492 delegates must concur before such can be done”.
But Kutigi dissented, saying the issue of consensus or 75 percent voting was already settled upon by the Presidency, hence the matter was not up for debated.
“We cannot change the rule of voting which had already been decided by the President, who set the tone for this conference. The issue has been closed,”he said.
But many delegates such as representative of the Oodua Peoples Congress, Chief Ganiyu Adams; Prof Auwalu Yadudu; Dr. Ahmadu Alli; and elder statesman Ayo Adebanjo opposed Kutigi, arguing that the rule should be amended to comply with the Nigerian Constitution, which stipulates two third majority for voting on any serious matter before it becomes law.
Adebanjo argued that there is no place in the world where matters are decided by of 75 percent voting majority.
“We should not isolate Nigeria when it comes to issues of very serious international and national importance like this. We should go with the world and not play into the hands of those who do not want Nigeria to work”, he said.
“Mr. Chairman, I plead with you to go back to Mr. President and plead with him that the 75 per cent or three-quarter majority should be changed to two-thirds majority, as is the case all over the world. We should not be given any condition that is unattainable”.
On the side of Kutigi and the president, though, were erstwhile Nigeria Ambassador to the United States, Hassam Adamu and former Inspector General of Police, Mohammed Gambo Jimeta, who are both from Adamawa State.
Kutigi tactically deferred discussions on the matter as the members went on break at 2pm, and when the confab resumed at 4pm, items listed on the order papers were deliberated on.
