*By Emeka Ihedioha, CON, Deputy Speaker/Chairman, Ad-hoc Committee on Review of the 1999 Constitution*
Permit me to express some measure of satisfaction as we mark yet another milestone in the life of the 7th House of Representatives. You may recall that shortly after the inauguration of the House in June 2011, we adopted a Legislative Agenda which was like a manifesto of the things the House intended to accomplish during its tenure.
Further efforts at altering some provisions of the Constitution of the Federal Republic of Nigeria, 1999 was identified as one of the critical issues to be pursued by the House.
In a bid to carry through the amendment process, the House, in September 2011, empanelled an Ad-hoc Committee on the Review of the Constitution. The Committee drew membership from all the Thirty-six States of the Federation and the Federal Capital Territory. Some slots were allocated to Women and other interests. The Principal Officers were included to steer the Committee under the leadership of my humble self.
The Fifty-three Member Committee immediately hit the ground running by requesting for Memoranda from members of the public on aspects of the 1999 Constitution they would like to be amended.
As I said earlier during a briefing on the work done by the Ad-Hoc Committee on Constitution Review of the House of Representatives:
“It is a well-known fact that the process adopted by the House to alter the Constitution, has been very painstaking and methodical. It has been done in a most transparent and professional manner. It is perhaps the most inclusive and consultative process ever undertaken by the House of Representatives.
The highlight of the process was the highly acclaimed Peoples Public Sessions held all over the country on November 10, 2012. This was a landmark achievement as Nigerians in their various constituencies had an opportunity to express their views on how they should be governed. The Results of the Peoples Public Sessions were openly collated with all the major stakeholders participating actively. These Results were published in the media and on the website of the Committee and to date, no person has disputed the authenticity of the will of the people expressed during those hearings. We therefore take them as the authentic view of the people on the subjects voted on. On 24th July, 2013, the House of Representatives kept faith with the decisions and wishes of the Nigerian people as expressed during the Peoples Public Sessions, in a historic voting on the various sections proposed for amendments. The House lived up to its billing as the House of the Nigerian people by voting overwhelmingly along the line of the outcome of the Peoples Public Sessions in their Federal Constituencies.
On Thursday January 30, 2014, the House also voted to alter more Sections”.
NATIONAL ASSEMBLY AMENDMENTS AND THE RETURNS FROM STATE HOUSES OF ASSEMBLY OF THE FEDERATION
At this juncture, Mr. Speaker, my colleagues, I need to point out that the House is not acting alone. It is working in collaboration with the Senate to which section 4 of the 1999 Constitution confers co-ordinate jurisdiction in the business of making laws for the peace, order and good government of the Federation.
After the House voted on the alterations, It then named a harmonization Committee which met with its counterpart from the Senate. The two Committees held several meetings and eventually arrived at a harmonized version of the Bill which was again presented to both Chambers for adoption. This was adopted by 2/3 majority of membership of both Houses of the National Assembly.
This set the stage for the next phase of the amendment exercise, the handing over of the Bill to the State Houses of Assembly. This exercise, which took place on October 28, 2014, was in fulfilment of the requirement of Section 9(2) of the 1999 Constitution which requires that the proposal be approved by Resolution of the Houses of Assembly of not less than two-thirds of all the States of the Federation, thus making them critical stakeholders in the Constitution alteration process.
We are pleased that the States Houses of Assembly harkened to our pleas to treat the Bill with dispatch and they dutifully concluded the assignment in about one (1) month and returned their Resolutions on the Bill to the National Assembly.
The Resolutions have been collated and analysed and it has been determined that out of the Seventy-One (71) sections and schedules of the Constitution altered by the National Assembly and forwarded to the State Houses of Assembly, the following sections, chapters, new sections and schedules have met the requirement of section 9(2) of the Constitution for passage of the Act, namely Sections 4, 8, 9, Chapter III, Sections 25, 26, 34, 35, 39, 42, new sections 45A-45D, 50A, sections 58, 59, 65, 66, 67, 68, 81, 82, 84, new sections 84A-84F, section 89, new section 92A, sections 101, 106, 107, 109,121, 122, 124(b) 131, 134, 150, 153, 155, 174 new section 174A-174L, sections 177, 179, 195, new section 211A-211H, sections 214, 215, 216, new section 225A, sections 228, 233, 241, 251, 285, 315 and 318; Part I of the 1st Schedule, Part II of the 1st Schedule, Part I of the 2nd Schedule, Part II of the 2nd Schedule, Part I of the 3rd Schedule, Part III of the 3rd Schedule, Part III of the 3rd Schedule, Part I of the 5th Schedule, and paragraphs 3, 4 and 5 of the 7th Schedule.
For the avoidance of doubts, the details of the Sections amended and those that failed are as follows:
1. Amendment of Section 4
“The House voted by 301 votes for, none against and no abstention to insulate members of the legislature from civil or criminal proceedings in respect of words spoken or written before the House or a Committee. This is aimed at ensuring that Members of the legislature are not made criminally liable for contributions made on the floor. This will enhance robust legislative debates by Members and is consistent with international best practices”.
This was endorsed at the Conference Committee of the National Assembly and received the blessing of 2/3 majority votes of the State Houses of Assemblyof the Federation.
2. Local Government System
“The House voted by 284 for, 48 against and 7 abstentions to amend Section 7 of the 1999 Constitution which states in part that the system of Local Government by democratically elected Local Government Councils is under the Constitution guaranteed. This is however observed more in breach as so many States at various times do not have democratically elected Local Government Councils. To cure this, the House voted overwhelmingly to grant full financial, administrative, executive and legislative autonomy to local government councils (LGCs). By this effort, the LGCs would be made a tier of government having a uniform 4 year tenure. Also, any LGC that does not have democratically elected officials would be denied allocation from the Federation Account and other benefits from the State Government.
The amendments articulates clearly the structure, organs, personnel, procedures for exercise of powers by the organs and functionaries of the Local Government Councils. It replicates to a large extent the Presidential System of Government at the Local Government level.
It equally consequentially amended section 285 of the Constitution to establish for each State, a Local Government Election Tribunal to determine election petitions at the Local Government level.
It also provided for the appointment of an Auditor-General for the Local Government Councils in a new section 126(1) of the Constitution”
This was adopted by the Conference Committee and both Houses of the National Assembly but REJECTED by 2/3 majority votes of the State Houses of Assemblyof the Federation.
3. Amendment of Section 8
“Section 8 was amended by 305 votes for, 22 votes against and 12 abstentions in order to remove ambiguities in the process of creation of new States and boundary adjustment. The referendum required for a new State shall now be approved by at least two-thirds majority of the ‘registered voters’ of the local government areas where the demand originated from, instead of the current provision of approval by “two-third majority of the people of the area” which is ambiguous and subject to different interpretations.
The referendum will now also be approved by two-third of the State Houses of Assembly. The current provision requires a simple majority of the entire Nigerian voters and a simple majority of the whole 36 States Houses of Assembly sitting together or separately to vote.
The amendments also made it clear that only “democratically elected” officials and Council can perform the roles assigned in the Constitution for creation of Local Governments, States and Boundary Adjustment”.
This was adopted by the Conference Committee and both Houses of the National Assembly and received the consent of 2/3 majority of the State Houses of Assembly of the Federation.
4. Amendment of Section 9
“Section 9 was amended by 317 votes for, 6 against and 15 abstentions which met the 4/5 majority required to amend the Section. The amendment sought to replace an “Act” with a “Bill” thereby enabling the process to proceed without Presidential Assent”.
This was adopted by the Conference Committee and both Houses of the National Assembly and received the consent of 2/3 majority of the State Houses of Assembly of the Federation.
5. Amendment of Section 25
“Section 25 was amended by a huge majority of 292 votes for, 27 against and 20 abstentions to confer on married women the opportunity to elect to acquire indigenship rights either of their husband’s community or to retain that of their paternal community. It also conferred indigenship rights of a State to a Nigerian citizen who has resided in a particular community of a State for a continuous period of not less than 10 years. However, no person shall claim indigenship of more than one State at a time. The amendment is aimed at accommodating the reality of movement of persons, change of domicile, intermarriages and national integration in modern Nigeria”.
This was adopted by the Conference Committee and both Houses of the National Assembly and received the consent of 2/3 majority of the State Houses of Assembly of the Federation.
6. Amendment of Section 26
“Citizenship by registration is being made available to any person, irrespective of gender married to a Nigeria, allowing for both paternal and maternal relationships, as basis for citizenship by registration through marriage, as opposed to the extant provisions that is paternal, by making citizenship by registration only available to a woman married to a Nigerian man. This also advances gender equality constitutionally”.
This was a Senate amendment that was endorsed by the Conference Committee of the National Assembly and 2/3 majority votes of the State Houses of Assembly.
7. Amendment of Sections 34(2), 35(7), 39(3), 42(3), 89(2), 129(2), 214, 215, et cetera
“The House voted overwhelmingly by 314 for, 1 against and 24 abstention to amend S.34(2); by 318 for, 2 against and 19 abstention to amend S.35(7); by 315 for, 5 against and 19 abstentions to amend S.39(3); by 319 for, 2 against and 18 abstentions to amend S. 42 (3); and consequentially, any other section where the term “Nigerian Police Force” appears and replaced with “Nigeria Police”. The rationale was to emphasize the civil nature of policing, rather than celebrate “brute” force. There is nowhere else in the world where such a term as “force” is added to the name of the Police system”.
This was adopted by the Conference Committee and both Houses of the National Assembly and approved by 2/3 majority votes of the State Houses of Assembly of the Federation.
“Section 42(1) was also amended to include “disability” as a ground under which a person should not be discriminated against”.
Both Senate and House of Representatives carried out this same amendment and it was endorsed by the State Houses of Assembly of the Federation by the required 2/3 majority.
8. Amendment of Section 45
“Perhaps one of the most revolutionary amendments is the introduction of new section 45A and 45B. By this, two items currently under Chapter 2 of the Constitution on the fundamental objectives and Directive Principles of State policy were moved to Chapter 4 on the Fundamental Human Rights in order to make them justiciable. The House voted by 321 for, 2 against and 16 abstentions to provide for a new section 45A which grants every citizen of Nigeria a right to free basic education; by 318 for, 2 against and 16 abstentions for a new section 45C which grants a right to free primary and maternal Health Care Services”
The Conference Committee and both Houses of the National Assembly adopted it and was approved by2/3 majority votes of the State Houses of Assembly of the Federation.
9. Amendment of Section 50 and 92
“The House voted by 327 for, none against and 12 abstentions to amend Sections 50 and 92 to introduce new Sections 50A and 92A to incorporate the National Assembly Service Commission and the State Houses of Assembly Service Commissions in the Constitution. This is a deliberate effort to strengthen the capacity of the legislative institutions and bring them at par with their counterparts like the Federal Judicial Service Commission and the Federal Civil Service Commission which are already constitutional bodies”.
The Conference Committee and both Houses of the National Assembly adopted it and it was approved by 2/3 majority votes of the State Houses of Assembly of the Federation.
10. Amendment of Section 58
“This is a Senate amendment that introduces a new subsection 5A to S.58, so that where the President after the expiration of 30 days neither signifies that he assents or that he withholds assent to a bill, the bill shall automatically become law”.
The Conference Committee and both Houses of the National Assembly adopted it and it was approved by 2/3 majority votes of the State Houses of Assembly of the Federation.
11. Amendment of Section 59
“The House voted by 317 for, 1 against and 19 abstentions to amend the section to introduce a new subsection 4 to require the President of the Senate to convene a joint session of the National Assembly within seven (7) days to reconsider any money Bill vetoed by the President, thereby removing the lacuna in the current provision”.
The Conference Committee and both Houses of the National Assembly adopted it and it was approved by 2/3 majority votes of the State Houses of Assembly of the Federation.
12. Amendment of Sections 65(2)(b); 106(d); 131(c) and 177(c)
“The House voted overwhelmingly by 313 for, 8 against and 12 abstentions to endorse independent candidacy in elections in order to further open up the political space. To ensure that the provision is not abused, section 228 was amended to introduce a new section 228(e) which states that “The National Assembly may by law provide for procedures, guidelines and qualifications for access to the ballot by political parties and independent candidates”.
The Conference Committee and both Houses of the National Assembly adopted it and it was approved by 2/3 majority votes of the State Houses of Assembly of the Federation.
13. Amendment of Section 67
“The House voted by 293 for, 7 against and none abstention to make it mandatory for the President to attend a joint meeting of the National Assembly once every year to deliver an address on any issue(s) in respect of the State of the Nation. This is aimed at achieving more transparency and accountability in government”.
The Conference Committee and both Houses of the National Assembly adopted it and it was approved by 2/3 majority votes of the State Houses of Assembly of the Federation.
14. Amendment of Sections 68 and 109
“The House voted by 286 for, 5 against and 3 abstentions to amend the sections to ensure that a member of a legislature who becomes a member of a Parliamentary body or similar bodies by virtue of his office in the Legislature, does not have to vacate his seat”.
The Conference Committee and both Houses of the National Assembly adopted it and it was approved by 2/3 majority votes of the State Houses of Assembly of the Federation.
15. Amendment of Section 81 and 121
“The House voted by 327 for, 3 against and 9 abstentions to amend the sections in order to include –
the National Security Agencies; and the Nigerian Police, alongside the State Houses of Assembly, Attorneys- General, the Auditors-General, as bodies and offices to be included in the first line charge of the Consolidated Revenue Fund of the Federation and states. This shall grant them financial autonomy to enable them carry out their assignments without the hindrance of non-release of their allocations. This will assure their operational autonomy”.
The Conference Committee and both Houses of the National Assembly adopted it and it was approved by 2/3 majority votes of the State Houses of Assembly of the Federation.
16. Amendment of Sections 82 and 122
“The House also amended sections 82 and 122 to limit the period during which the Federation or a State may operate without an Appropriation Act in any new financial year to three (3) months rather than six (6) months as is currently the case”.
The Conference Committee and both Houses of the National Assembly adopted it and it was approved by 2/3 majority votes of the State Houses of Assembly of the Federation.
17. Amendment of Sections 84(5) and 124(5)
“The House voted by 284 for, 18 against and 36 abstentions to amend S. 84(5); by 293 for, 13 against and 32 abstentions to amend S. 124(5) to include the presiding officers of the National Assembly and the State Houses of Assembly to join the President, Vice President, Governors, Deputy Governors and Leadership of the Judicial Arm as persons entitled to pension after leaving office, provided they were not impeached or removed. This is to correct a historic wrong perpetuated by the military in government against the legislative arm, either to deliberately or otherwise undermine it as a co- equal branch in the administrative and governance structure of Nigeria. It was wrong to have provided for the leaders of the executive and judicial arms of government and excluded the leaders of the legislative arm. This will also help insulate them from financial and even political manipulations and corruption while in office”.
The Conference Committee and both Houses of the National Assembly adopted it and it was approved by 2/3 majority votes of the State Houses of Assembly of the Federation.
18. Introducing new Sections 84A – 84F
“The House voted by 321 for, 7 against and 11 abstentions to split the Office of the Accountant-General of the Federation and introduce a new Office of the Accountant-General of the Federal Government. Under the proposed new structure, the Accountant-General of the Federation shall have a five (5) year tenure and be charged with handling the disbursement of allocations from the Federation Account to the three tiers of Government while the Accountant-General of the Federal Government shall be charged with administering the accounts of the Federal Government.
It is significant that under the new structure, the Accountant-General of the Federation is to be appointed by the President on the recommendation of the National Economic Council which is made up of all the Governors of the States. The Senate shall confirm the appointment”.
The Conference Committee and both Houses of the National Assembly adopted it and it was approved by 2/3 majority votes of the State Houses of Assembly of the Federation.
19. Amendment of Sections 89 and 129
“The House voted by 299 for, 1 against and none abstention to amend S. 89; by 304 for, none against and none abstention to amend S.129 to prescribe civil and/or criminal sanctions for any failure, refusal or neglect to obey the summons issued by a legislative House or any of its Committees. It also retained the inclusion of the Sergeant-At-Arms among persons authorized to execute a summons or warrant.
This is aimed at strengthening the oversight functions of the legislature and ensuring that any person summoned to provide any information attends at the pain of a criminal or civil penalty. It is also to ensure that the summonses are duly served where the Police may be hamstrung to do so”.
The Conference Committee and both Houses of the National Assembly adopted it and it was approved by 2/3 majority votes of the State Houses of Assembly of the Federation.
20. Amendment of Section 125 – Auditor-General of Local Government Councils
“The House voted by 324 for, 7 against and 8 abstentions to amend S.125, in order to check the excesses that may arise from the introduction of full autonomy at the local government councils, an Independent Auditor-General of Local Government Councils of a State was created”
The Conference Committee and both Houses of the National Assembly adopted it but it was REJECTED by 2/3 majority votes of the State Houses of Assembly of the Federation.
21. Amendment of Sections 134 and S.179
“This is a Senate proposed amendment which gives INEC a period of 21days rather than 7days to organize a run-off election where necessary for President or Governor”.
The Conference Committee and both Houses of the National Assembly adopted it and it was approved by 2/3 majority votes of the State Houses of Assembly of the Federation.
22. Amendment of Sections 150; 174; 195 and 211
“The House voted by 321 for, 7 against and 11 abstentions to amend S.150; by 328 for, 3 against and 8 abstentions to amend S. 174; by 324 for, 5 against, 10 abstentions to amend S.195; by 324 for, 4 against and 11 abstentions to amend S. 211 which separates the Offices of the Attorney-General of the Federation and Attorney-General of a State from the Minister of Justice and Commissioner for Justice of a State.It introduced new Section 174A – 174L and equivalent sections for the States. The proposal is that the Attorney-General shall be a distinguished legal practitioner who has knowledge of the workings of the criminal justice system and shall be independent of any authority or person. He shall not belong to any political party and will have complete control and authority over public prosecutions. He shall have a 5 year fixed term which may be renewed for another 5 years and no more. His appointment shall be on the recommendation of the National Judicial Council at the federal level and the State Judicial Service Commission at the States level. He can only be removed by a 2/3 vote of the Senate or the House of Assembly. The office as already stated shall be on first line charge in order to further guarantee financial and operational independence”.
The Conference Committee and both Houses of the National Assembly adopted it and it was approved by 2/3 majority votes of the State Houses of Assembly of the Federation.
23. Amendment of Section 153
The word “Executive”, in the section was expunged as it was felt that some of the bodies listed therein, like the National Judicial Council cannot really be called “an executive body”.
The Conference Committee and both Houses of the National Assembly adopted it and it was approved by 2/3 majority votes of the State Houses of Assembly of the Federation.
24. Amendment of Section 162
“The House voted by 326 for, 4 against and 9 abstentions to amend Section 162 so that the Office of the Accountant-General of the Federation shall be funded from the Federation Account pursuant to an Act of the National Assembly. The Section was also amended to empower the Revenue Mobilization Allocation and Fiscal Commission (RMAFC) to table proposals for revenue allocation from the Federation Account directly to the National Assembly and not for the President to do so upon receipt of an advice from RMAFC. This is to avoid the delay and possible interference in the work of the RMAFC so that it could serve the entire nation in a neutral capacity.
It was further amended to abolish the “State Joint Local Government Account” and establish instead a “Local Government Council Allocation Account” into which shall be paid directly allocation to each local government council from the Federation Account and from the States Governments. This is to ensure financial autonomy for the local government councils”.
It was approved by the Conference Committee and both Houses of the National Assembly but rejected by2/3 majority votes of the State Houses of Assembly of the Federation.
25. Amendment of Section 201 and 202 – Abolition of the State Independent Electoral Commissions (SIECs)
“The House voted by 331 in favour, 16 against and 11 abstentions to abolish the State Independent Electoral Commissions in order that all elections shall be conducted by the Independent National Electoral Commission (INEC). This is to cure the current scandalous situation where the credibility of elections conducted by SIECs have left much to be desired. In any case, and in spite of concerns on issues of federalism, Nigerians voted overwhelmingly during the Peoples Public Sessions in support of this measure”.
It was approved by the Conference Committee and both Houses of the House but REJECTED by2/3 majority votes of the State Houses of Assembly of the Federation.
27. Amendment of Section 225
This is a Senate proposed amendment that introduces a new S.225A; which gives INEC power to deregister political parties that breach any requirements for registration, and fail to win any seat in an election ,of at least ,Chairman of one Local Government Council , State House of Assembly, etc.
The Conference Committee and both Houses of the National Assembly adopted it and it was approved by 2/3 majority votes of the State Houses of Assembly of the Federation.
28. Amendment of Section 228
“ Following the constitutional adoption of independent candidacy in our politics , it was thought necessary to regulate access to ballot by independent candidates and political parties in order to engender efficiency in electoral management and healthy competition for political offices”. Hence, Section 228 was amended to introduce a new section 228(e) which states that “The National Assembly may by law provide for procedures, guidelines and qualifications for access to the ballot by political parties and independent candidates”.
The Conference Committee and both Houses of the National Assembly adopted it and it was approved by 2/3 majority votes of the State Houses of Assembly of the Federation.
29. Amendment of Section 233
“This is a Senate amendment that introduces a new Sub-Section (2A), where 3 Justices of the Supreme Court without oral hearing can dispense of an application for leave to Appeal in Chambers. This is to further quicken the dispensation of Justice”.
The Conference Committee and both Houses of the National Assembly adopted it and it was approved by 2/3 majority votes of the State Houses of Assembly of the Federation.
30. Amendment of Section 241
“The House, relying on the returns of the Peoples Public Sessions which endorsed measures to undertake judicial reforms to ensure quicker dispensation of justice, voted overwhelmingly by 324 for, 7 against and 8 abstentions for the reforms. In one of the most significant amendments of the current process, the House voted for a new sub-section (3), to wit, “ a court or tribunal shall not stay any proceeding on account of an interlocutory appeal”. This amendment could impact in a very effective and positive manner on the time spent in court by litigants”.
The Conference Committee and both Houses of the National Assembly adopted it and it was approved by 2/3 majority votes of the State Houses of Assembly of the Federation.
31. Amendment of Section 285
“The House voted by 250 for, 10 against and 7 abstentions, to cure any injustice that may be occasioned by the requirement on the tribunal or Court of Appeal to deliver judgment within 180 days and 60 days respectively of the filing of election petitions and delivery of judgment by the tribunal or Court.
It voted to allow that where a force majeure occurs that makes it impracticable for the court or tribunal to sit, the period of the said force majeure shall not be counted in the computation of the 180 days and 60 days respectively.
The House also voted to provide that where a preliminary objection or any other interlocutory issue touching on the jurisdiction of the tribunal or court or on the competence of the petition itself is raised by a party, the tribunal or court shall suspend ruling thereon and deliver same at the stage of final judgment”.
The Conference Committee and both Houses of the National Assembly adopted it and it was approved by 2/3 majority votes of the State Houses of Assembly of the Federation.
32. Further Amendment of Section 285
“There is a further amendment introduced by the Senate which provides a specific time for filing, hearing and determination of pre-election cases, by introducing a new sub-section “1A(i-v)”
The Conference Committee and both Houses of the National Assembly adopted it and it was approved by 2/3 majority votes of the State Houses of Assembly of the Federation.
33. Amendment of Section 306
This is an earlier House amendment that was essentially part of the amendment proposals for Local Government issues which was generally rejected. This alteration now, constitutionally recognizes the procedure for resignation of Local Government Council Chairman/Vice Chairman, Councilor, and Leader/Deputy Leader of a Local Government Legislative Council.
The Conference Committee and both Houses of the National Assembly adopted it and it was approved by 2/3 majority votes of the State Houses of Assembly of the Federation.
34. Amendment of Section 315
“The House voted by 323 for, none against and 16 abstentions to delete section 315(2), 315(4)(a)(i) and (ii), and 315(4)(c) in order to bring to an end the anachronistic position that allows the President or a Governor to function, both in an executive and legislative capacity by way of having the power to repeal or alter, by modifications of any existing law. The provision was meant to be transitional but there was no time limit placed on its use, unlike in the 1963 Constitution where a similar provision was stipulated to last for only six (6) months before it lapsed”.
The Conference Committee and both Houses of the National Assembly adopted it and it was approved by 2/3 majority votes of the State Houses of Assembly of the Federation.
35. Amendment of Section 318 – Definition Section
“This amendment defines
“Bye-Law”, Chairman, Vice Chairman, Councilor”
“Member”, “Supervisor”, “National Security Agencies”, “Public Fund of the Federation” and “Public Fund of the State”.