Proposal of Constitutional Resolution to Benue Crisis

Title: A Constitutional Solution to the Benue Crisis: Advisory to the National Assembly

Introduction

The ongoing crisis in Benue State—marked by violent clashes, mass displacement, and deepening ethnic tensions—poses a significant threat to Nigeria’s peace, security, and constitutional democracy. While the crisis has its roots in socio-economic, political, and ethno-religious factors, its persistence reveals the urgent need for constitutional reform and legislative action. This advisory outlines a constitutional path toward resolution and recommends specific actions the National Assembly should undertake.

Root Constitutional Issues

1. Security Architecture and Centralization of Power
   The exclusive control of policing under the Federal Government limits the state’s capacity to respond swiftly and effectively to security challenges. This has left states like Benue vulnerable to attacks without the necessary authority to defend their people.
2. Resource Control and Land Use
   The Land Use Act vests land ownership in state governors, but federal and private interests—particularly regarding grazing reserves and livestock routes—have clashed with the rights of indigenous populations, fueling violence and displacement.
3. Federalism Deficit
   Nigeria’s highly centralized federal system contributes to regional marginalization, poor resource allocation, and the inability of sub-national governments to make decisions that reflect local realities.

Recommended Constitutional and Legislative Solutions

1. Establish State Police Forces (Constitutional Amendment Required)

Action: The National Assembly should initiate and support a constitutional amendment to Section 214 of the 1999 Constitution to allow the creation of state police.
Impact: This will empower state governments like Benue to secure their territory, respond to threats faster, and tailor policing to local cultural, social, and geographical realities.

2. Legislate a New National Security Framework

Action: Enact a comprehensive Security Sector Reform Bill that decentralizes internal security and provides clear oversight mechanisms to prevent abuse at the state level.
Impact: Strengthens accountability, coordination, and capacity across all levels of government.

3. Reform the Land Use Act (through a constitutional override)

Action: Review and amend the Land Use Act (1978), which is part of the Constitution by reference, to give communities and local governments stronger legal claims to ancestral lands while ensuring equitable land administration.
Impact: Resolves many of the communal disputes related to land, often at the center of farmer-herder conflicts.

4. Create a Commission on Inter-Ethnic Peacebuilding and Truth-Telling

Action: Establish, by Act of the National Assembly, a Benue Truth and Reconciliation Commission empowered to document atrocities, promote justice, and recommend reparations or policy changes.
Impact: Encourages healing, accountability, and long-term reconciliation among aggrieved groups.

5. Amend the Revenue Allocation Formula

Action: Push for a more equitable distribution of national revenue that considers the burden states like Benue bear due to displacement, destruction of farmlands, and loss of internally generated revenue.
Impact: Increases state capacity to rebuild and provide social support to victims of violence.

Short-Term Legislative Steps

• Declare a Humanitarian Emergency in Benue through a motion in both chambers and push for increased federal funding and presence of humanitarian agencies.
• Mandate National Hearings on the Benue Crisis to gather public submissions, enhance national understanding, and inform legislative drafting.
• Support a Constitutional Conference to revisit the structure of the Nigerian federation and embed true fiscal federalism and subsidiarity.

Conclusion

The Benue Crisis is a test of Nigeria’s federal character, justice system, and constitutional strength. The National Assembly must rise above politics and act as a statesmanlike institution, initiating bold legislative and constitutional reforms to protect lives, preserve peace, and uphold the rule of law. Only a strong constitutional foundation—one that recognizes diversity, empowers local governance, and ensures justice—can provide a sustainable solution.