WIDE-RANGING
legislative proposals aimed at ensuring good governance and deepening
the country’s democracy were made by members of the House of
Representatives yesterday as they formally commenced the amendment of
the 1999 Constitution.
The highlights of the recommendations presented by the Emeka
Ihedioha-led Special Ad-hoc Committee on the review of the constitution
following the Peoples’ Public Session entail that the overwhelming
influence of state governors over their respective local councils would
be drastically curtailed by the time the amendment of the constitution
is effected.
The Speaker of the House, Aminu Waziri Tambuwal who received the report
of the committee during the plenary session disclosed that the
leadership of the chamber would consult with members for possible
consideration of the report before they embark on recess in a
fortnight.
Under the proposed items which will be deliberated upon in the form of
bills, there shall be abrogation of the local council joint accounts to
pave the way for a new regime whereby the local councils will receive
their statutory allocation from the Federation Account.
To protect the integrity of the electoral process at the local councils
and remove partisanship, the State Independent Electoral Commission
(SIEC) will no longer conduct council polls. Instead, the Independent National Electoral Commission (INEC) has been vested with that responsibility. The committee recommended a fixed term of four years for local councils
and prescribed consequences for denial of appropriation to councils
that are democratically elected.
Henceforth, anybody found guilty of electoral offences by any court of
laws shall be barred from contesting election at both the state and
federal levels, just as there shall be an independent electoral offences
commission to handle matters related to elections.
Of note is the recognition of the traditional institutions. Traditional
rulers shall be represented in the National Council of State and there
shall also be the creation of a state council of chiefs at the state
level. And due to the unclear and cumbersome nature of the constitution, those
agitating for the creation of more states will have to wait till
another time as the lawmakers who corrected the ambiguity on the issue
in the constitution ruled out the possibility for now.
Details of the 25 bills referred to the House by the committee for further legislative action are as follows:
- A Bill for an Act to alter Sections 7 and 162 of the Constitution to provide for independence and financial autonomy of local councils in Nigeria, and for related matters; 2011 (H.B 122);
- A Bill for an Act to alter the Constitution of Nigeria to provide a definite date for the President to present an Appropriation Bill for the next financial year to the National Assembly, 2011 (H.B114);
- A Bill for an Act to alter the provisions of Part II of the First Schedule of the Constitution of the Federal Republic of Nigeria, 1999, by deleting the word “Plateau” in line 14 and inserting instead thereof the word “Nasarawa”, 2011, (H.B 102);
- A Bill for an Act to alter sections 89 and 129 to direct the Attorney-General of the Federation to prosecute any person or authority found wanting by the Senate or the House of Representatives; and for connected matters, 2011, (H.B 177);
- A Bill for an Act to amend the Electric Power Sector Reform Act, Cap 7, LFN, 2004 and other matters connected therewith, 2012, (H.B 190);
- A Bill for an Act to alter the Constitution to remove the word, “Force” from the name of the Nigeria Police Force in order that it becomes the “Nigeria Police”; and for related matters, 2012, (H.B. 135);
- A Bill for an Act to amend the Treaties (Making Procedure, etc.) Act Cap. T20, LFN, 2004, to make consultations with relevant committees of the National Assembly a mandatory Treaty- making Procedure to all Treaties entered into between the Federation and any other country and for matters connected therewith, 2012, (H.B. 189);
- A Bill for an Act to alter Section 58 of the Constitution to make the Resolutions of the National Assembly have force of law; and for connected matters, 2012, (H.B 115);
- A Bill for an Act to alter Section 315 of the Constitution to remove the power of the President or Governor to amend an existing law, 2012, (H.B 151);
- A Bill for an Act to alter Section 7 of the Constitution to ensure efficient operations of the Local Councils in Nigeria for social, economic and political development; and for other matters connected therewith, 2012, (H.B 176);
- A Bill for an Act to alter the provision of the Constitution of the Federal Republic of Nigeria 1999, to vest appellate jurisdiction on the Sharia and Customary Courts of Appeal in respect of all matters emanating from Sharia, District and Area Customary Courts; and for other matters connected therewith; 2013, (H.B 406);
- A Bill for an Act to alter the Constitution of the Federal Republic of Nigeria, 1999, to amend the definition of a citizen contained therein to include all persons indigenous to communities now forming part of Nigeria; and for related matters; 2013, (H.B 414);
- A Bill for an Act to further alter the Constitution of the Federal Republic of Nigeria to make provisions for the enforcement of certain provisions of the fundamental objectives and directive principles of state policy as contained in the Constitution; and for matters connected therewith, 2013, (H.B 123);
- A Bill for an Act to alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 to criminalise contempt of the House of Representatives, 2013, (H.B 430);
- A Bill for an Act to alter the Constitution of the Federal Republic of Nigeria, 1999, by providing immunity for members of the Legislature in respect of words spoken or written at the plenary session or at committee proceedings, to guarantee that freedom of speech, debate and proceedings in Legislative Houses are not impeached or questioned in any court or place outside of Parliament; and for related matters (H.B432) and a Bill for an Act to alter the provisions of the Constitution of the Federal Republic of the Nigeria to guarantee freedom of speech and Legislative actions for members of the National Assembly, (H.B 457);
- A Bill for an Act to alter the Constitution of the Federal Republic of Nigeria to place the Office of the Auditor-General of the Federation on the first line charge of the Consolidated Revenue Fund and to empower the Auditor-General of the Federation and the Auditor-General of State Governments to audit the accounts of statutory corporations, commissions, authorities and agencies in Nigeria; and related matters, 2013, (H.B 442);
- A Bill for an Act to alter the provisions of Section 143 of the Constitution of the Federal Republic of Nigeria, 1999, to remove ambiguities in the process of removal of the President and the Vice President from office on an allegation of gross misconduct and to provide for a more transparent and democratic procedure for impeachment; and for other matters connected therewith, 2013, (H.B 498);
- A Bill for an Act to alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 and for other matters connected therewith;
- A Bill for an Act to amend sections 315 of the Constitution of the Federal Republic of Nigeria (as amended);
- A Bill for an Act to alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 and for related matters;
- A Bill for an Act to alter Section 285 of the Constitution of the Federal Republic of Nigeria (Second Alteration) Act. No. 2 of 2010; and for matters connected thereto, 2012, (H.B 247);
- A Bill for an Act to alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999, to separate the office of the Attorney-General from that of the Minister of Justice and to provide for an independence office of the Attorney-General; and for matters connected thereto, 2012, (H.B 262);
- A Bill for an Act to alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 and for other matters connected therewith;
- A Bill for an Act to alter provisions of the First Schedule, Part 1 of the Constitution of the Federal Republic of Nigeria, 1999, to allow for the change of “Egbado North” and “Egbado South” to “Yewa North” and “Yewa South”; and for matters connected therewith, 2012, (H.B 373);
- A Bill for an Act to alter the provisions of Section 7 of the Constitution of the Federal Republic of Nigeria to make it mandatory for election to the offices of the chairman and councillors of local councils in Nigeria to be held on a date to be appointed, and on the conditions prescribed by Laws made by the State Houses of Assembly; and for other matters connected thereto, 2012, (HB 259);
- A Bill for an Act to alter the Constitution of the Federal Republic of Nigeria, 1999 in section 162 (2) to provide for the Revenue Mobilisation, Allocation and Fiscal Commission to table directly before the National Assembly the commission’s proposals for revenue allocation; and for matters connected thereto, 2012 (HB 343); and
- A Bill for an Act to alter the provisions of item No. 1, Part III, Third Schedule of the Constitution of the Federal Republic of Nigeria, 1999 to allow for additional Membership of the Federal Capital Territory Judiciary Service Committee, include the Customary Court to the list of Courts in the Federal Capital Territory; and other matters connected therewith, 2012 (HB 352).
Further highlights of the alterations of the constitution contained in the bill are as follows:
On the Local Government System, the committee followed from the
recommendation of the Peoples Public Sessions which clearly underscored
the need to create independence and autonomy for local councils and give
the councils their deserved role as catalysts for development at the
grassroots level. Accordingly, the committee created a fixed uniform
term of four years for local councils and prescribed denial of
appropriation to councils that are not democratically elected.
The reforms proposed by the committee prescribed the mode of election
of local council officials, their functions, tenure, qualifications for
elections, and other related matters. Under the amendment proposed,
elections into local government councils will be managed by the national
election management body, the INEC.
On the issue of new states and boundary adjustment, the committee
reviewed the provisions of section eight to emphasize the importance of
elected local government councils, by inserting alterations that will
ensure that only elected local government officials can participate in
the process for creation of new states. Also, clarifying that only
registered voters in a local government area can participate in a
referendum for the creation of a new state.
Section 9: Here the committee sought to clarify and remove ambiguities
in language with respect to the alteration of the constitution and
further dispense with the requirement for assent of the president to be
obtained for the amendment of the constitution. The committee came to
the conclusion that the rigorous provisions for the alteration of the
constitution by members of the National Assembly and the participation
of the 36 State Houses of Assembly represented such adequate
participation of Nigerians and that assent of the President negated the
principle contained therein.
Section 12: The committee altered the provisions relating to Nigeria’s
international treaty obligations, to provide for National Assembly’s
ratification and enactment.
Section
25: In order to address the various conflicts and crises surrounding
the question of who is an indigene or settler in the community, the
committee has redefined citizenship to take away this divide, meaning
that a person who has lived in a community for a specified period is
entitled to the same rights and privileges as citizens of that
community.
The amendment under this chapter fully defines indigeneship in a way to
eliminate the conflict that this has posed in the past.
Section 42: The committee altered section 42 of the constitution to
specifically prohibit discrimination against persons living with
disability.
New sections 45A-D: The committee made a significant proposal here by
making enforceable certain socio-economic rights as fundamental rights
and incorporating them into Chapter IV, the justiciable part of the
Constitution, thus creating as justiciable, the rights to education,
right to favorable environment, right to free primary and maternal
health care services, and the right to basic housing.
Section 65: The committee agreed to allow for independent candidacy in
elections in Nigeria. This would, however, be subject to conditions
stipulated under the Electoral Act.
Section 66: To give seriousness to the issue of electoral offence, the
committee provides grounds for disqualification of a candidate from
contesting elections where he has been found guilty of an offence. This
is also applicable at the state level.
In order to entrench the independence of the offices of the
Attorney-General of the Federation, the Accountant-General of the
Federation and the Auditor-General of the Federation, and insulate them
from political control, the committee put these offices on the first
line change of the Consolidated Revenue Fund of the Federation.
Section 80: The committee strengthened the provisions of Section 80 of
the constitution to plug leakages from the Consolidated Revenue Fund of
the Federation and public funds of Nigeria to ensure that no expenditure
is made by any organ of government without appropriation by the
legislature.
Sections 81 and 82: To ensure timely passage of the national budget, and
discipline in expenditure, the committee stipulated that budgets be
submitted by the executive for approval no later than 90 days before the
expiration of the fiscal year.
Sections 84A-C: The committee included a new section in the
constitution creating a new office of the Accountant-General of the
Federation and Accountant-General of the Federal Government to ensure
that persons are appointed into these two separate offices for
professional management of resources.
Section 150:To give effect to the results of the Peoples’ Public
Session which voted to separate the office of the Minister of Justice
from that of the Attorney-General of the Federation, the committee made
amendments to reflect this and insulates an independent office of the
Attorney-General of the Federation from partisanship and to be managed
by a professional lawyer. This is also applicable at the state level.
Section 153: The committee felt that the issue of electoral offences is
of such importance as to warrant the creation of an independent
electoral offences commission to handle it.
Section 162: The committee also altered the constitution to abrogate
state joint local government accounts and empower each local government
to maintain its own special account to be called “Local Council
Allocation Account” into which shall be paid directly allocations made
to the local government by the Federal Government from the Federation
Account and from the government of the state.
Section 197: The committee felt that it was important to protect the
integrity of the electoral process at local government level and respond
to the complaints of partisanship of SIEC. Accordingly, it removed
SIECs and vested the power to conduct local government councils across
the federation in INEC.
Section 201 and 3rd Schedule, Part I: Role for Traditional Rulers: The
committee in response to the results of the Peoples’ Public Sessions
created a role for traditional rulers at the federal and state levels
providing for representation of traditional rulers in the National
Council of State and the creation of a State Council of Chiefs at the
state level.
Section 214: The committee in this section and across the entirety of
the constitution deleted the word “Force” from the name of the Nigeria
Police providing for the name of the Police to now be “Nigerian Police”
rather than “Nigeria Police Force.”
Section 241: The committee reviewed memoranda submitted on the
judiciary and agreed to address concerns over delay in the courts by
limiting the use of interlocutory appeals to stay proceedings in court.
Section
308: In line with the results from the Peoples’ Public Sessions, the
committee also removed the immunity from prosecution from criminal
offences for persons occupying the position of president, vice
president, governor and deputy governor, and to stem impunity levels.
Section 315: The committee also altered this section of the
constitution as approved by the Peoples’ Public Session removing the
powers of the president and governor of the state to modify existing
laws.
The Lists - Exclusive, Concurrent: The committee altered the
constitution to provide for the transfer of railways, from the exclusive
legislative to the concurrent list to further boost devolution of
powers. Health, housing and electricity were transferred to the
concurrent list.
Creation of states: The committee received requests for creation of
states running into more than 35 states. None of the requests submitted
to the committee complied with the procedure for creation of states
outlined in section eight of the constitution. Accordingly, the
committee was unable to treat any of these requests. The committee,
however, recognizes that the existing provision in the constitution for
the creation of new states is unclear and cumbersome. Accordingly, the
committee has clarified the process to make it more coherent.
The House constituted the ad-hoc in September 2011 under the leadership
of the Deputy Speaker, Emeka Ihedioha, as Chairman. Membership of the
committee include the principal officers of the House and a member to
represent each state of the federation and the Federal Capital
Territory.
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