That Train May Have Left the Station (III) By EC Ejiogu

As events and developments continue to affirm the fast-approaching implosion of the Nigeria project, I’ll today bring the third installment of the serialization of the Biafra Charter, which will conclude with the fourth installment.  It’s left to the reading audience to make their assessment on the quality of work that this document is.  The third installation follows below.

1.    ARTICLE I

The Structure and Powers of the Government of Biafra

Section I:    Legislative:

Section 1.1 The Peoples Council
There shall be a peoples Council made up of Biafran People which shall have the powers as enumerated:
[A]    Establish and mint currency
[B]    Levy Taxes
[C]    Originate a budget and Appropriate Revenues for the benefits of the Peoples of Biafra
[D]    Originate laws for good order and the conduct of civil society
[E]    Raise an army
[F]    Authorize Declaration of War
[G]    Oversee the execution of the laws

Section 1.2 Council Membership and Service

[A]    The Peoples Council shall have membership from all levels of Biafra society where each person who shall be at least the age of majority (18 years) shall be elected by his or her community to represent the community.

[B]    Each member of the Peoples Council shall serve a term of three years for no more than three terms.

[C]    The Peoples Council shall define its rules of procedure.

During the period of transition, the membership of the Peoples Council shall encompass members from the Diaspora and individuals from the Territory of Biafra with a total of one hundred and fifty members who shall serve as Counselors-At-Large representing Biafran citizens.

No Counselor shall receive compensation except as provided by the Provisional Government (BPG), and no payment shall be lawful from any other source either directly or indirectly. When a Counselor shall seek the support of the citizens to take and hold office, no payment shall exchange hands between the citizens and the Counselor in any manner for the purpose of conducting a campaign to promote or advertise one’s candidacy. The Provisional Government of Biafra shall be the sole source of campaign finance whose funds shall be distributed equally among qualifying candidates.

Section 1.3 The Nations Council

There shall be a Nations Council Chamber comprised of thoughtful and judicious persons elected from their communities for their wisdom and their character in society with the powers as enumerated.
[A]    Advice and Consent on the appointment of members of the Judiciary and the Ministry
[B]    Oversight of Peoples Council, Judiciary and Ministerial arms of government
[C]    Staggered term of 6 years
[D]    Ratification of Treaties with foreign powers
[E]    Authorization for the establishment of Embassies and Consulate information offices.

Section 1.4 National Chambers Membership and Service:

[A    The Nation’s Chamber shall have membership from all levels of Biafra society where each person shall be a recognized and respected elder with demonstrated wisdom and good character and who shall be well informed as to the necessary requirements for serving the people of Biafra.

[B    Each member of the Nations Chamber shall serve a term of six years except for two thirds of those serving in the first Session

[C    One third of the nations Chamber shall be elected in the first session for two-year term, One third shall be elected for a four year term and one third shall be elected for a six year term. After the conclusion of the first two-year term, elections shall be held for those seats that shall have concluded; and the winning candidates shall hold their seat for a six year term thereafter. After the conclusion of the first four-year term, elections shall be held for those seats that shall have concluded: and the winning candidates shall hold their seat for a six-year term thereafter. Finally, at the conclusion of the first six-year term, elections shall be held for those seats that shall have concluded; and the winning candidates shall hold their seat for a six-year term thereafter.

[D    Each member of Nations Chambers shall serve no more than 2 consecutive terms of 6 years each.
During the period of transition the membership of the Nations Chamber shall include members from the Diaspora and individuals serving citizens within Biafran Territory with a total of eight members representing the Diaspora; and 22 members (two from each Province) serving the citizens living inside Biafran Territory. During the Transition, the Nations Chamber shall convene its sessions at locations adjudged feasible and secure.

2.    ARTICLE II
Section I:    Judiciary
A general purpose Court of Law shall be established with a Superior Court which shall have jurisdiction over all legal matters concerning the Charter and its interpretation, and three appellate Courts having Jurisdiction over matters of civil and criminal law, in the northern, middle and southern Provinces of the Nation of Biafra. Community decisions made by relevant authorized community-structures or by a local appeal to the Appellate Court and to the Superior Court for final judgment.

The Judiciary reviews and adjusts, when necessary and appropriate, the laws originating from the People Council to be in consonance with the Charter.
Section II:    Membership

There shall be seven members serving the superior Court appointed as a result of nomination by the Peoples council; and subject to approval and ratification by 3/5th of the membership of the Nations Chamber, with the same requirements for filling vacant Judiciary seats. Where new Judiciary positions are required, they shall be created by the authority and decision of the Nations Chamber and the Peoples Council. The Judiciary shall define and determine its rules of procedures.

3.    ARTICLE III
Section I:    Ministerial

Prime Minister

There shall be a Council of Ministers with the First Minister serving as “first among equals” The office and official title of the First Minister shall be “Prime Minister.” The Prime Minister shall be elected by a majority vote of the peoples of Biafra. The Prime Minister shall have primary executive powers subject to oversight by the Nations Chamber. The Prime Minister shall have power to veto legislative measures enacted by the Peoples Council, but such a veto shall be overturned by 3/5th vote of the Peoples Council.
Section II:    Membership of Ministerial Council

Members of the Ministerial Council shall be nominated by the Prime Minister and shall require 3/5th majority vote of the Nations Chamber for appointment and ratification.
Section III:    Ministerial Posts

During the Provisional Government there shall be at a minimum, a Minister of Foreign Affairs, Minister of Security, Minister of Domestics Affairs, Minister of Justice and Minister of Economic and Commerce Affaires. Such additional Ministries shall be created as needed by recommendation of the Prime Minister and approval and ratification of the Nations Chamber.

4.    ARTICLE IV

Section I:    “Community Governments

Community governance shall strongly reflect effective community participation directly and or by representation or delegation; and shall reflect community issues, needs, and community values. Community governance shall, for the most part, mirror the National governance in structure scaled appropriately. Such structure consists of a “debate-discussion-and-legislative” body, and oversight body, an executive body with a chief executive officer, and a Judiciary.
Section II:    Tiers of Community Government
a.    Provincial Government (Apex Government) Chief Executive Officer: Provincial Administrator
Other elected members: Representatives.
b.    County Government (Local Government) Chief Executive Officer: County Manager Other elected members: Councilors
c.    Municipal Government (City / Urban) Chief Executive Officer: Mayor

Other elected members: City Council Member

d.    Town / Village Government Chief Executive Officer: Chairman
Section III:    Community Government Functional Structure
a.    Community Legislative Council: Peoples Council of representatives
b.    Community Judiciary Council: Judiciary functions
c.    Community Oversight Council: Elected Elders based on wisdom and character
d.    Community Executive Council: with a chief executive officer elected by the people.
Section IV:    Powers of Community Governments
Communities may not make laws contrary to the Biafra Charter

5.    ARTICLE V
All representative membership of the governments in Biafra shall be by open ballot election by the peoples.
[To be concluded]