Members of the Federal House of Representatives have commenced the amendment of the Nigerian constitution with far-reaching decisions that they expect would deepen the country’s democracy and accelerate its development.
The review of the constitution had commenced with the participation of Nigerians with the general decision collated by the Special Ad-hoc Committee on the Review of the Constitution led by Deputy Speaker, Emeka Ihedioha.
At plenary on Thursday, Ihedioha presented the report, aimed at creating financial autonomy for Local Government Areas in other to reduce the overwhelming influences of the respective State governors.
In this case, as stated in the report, the joint accounts operated by the states and local councils would be stopped, so that the latter would begin to receive their statutory allocation directly from the Federation Account.
The report also cancels the existence of the State Independent Electoral Commission (SIEC), thus giving the Independent National Electoral Commission (INEC) the power to conduct local council elections henceforth. This is aimed at frustrating the influence of politicians the choice of persons elected into positions at the grassroots.
The report, which suggests a four-year term for political officers elected into Local Government councils, also suggests the establishment of an Independent Electoral Offences Commission to handle election matters and stipulates that anybody found guilty of electoral offences by any court in the country would be barred from contesting elections at both the State and Federal levels.
The amendment is to be debated in the form of 25 bills, and also disapproves the creation of more states in addition to giving traditional rulers representation in the National Council of State.
The committee moved items including railways, devolution of powers, health, housing and electricity from the exclusive to the concurrent list.
Portions of the report contained:
•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).
Some of the other areas examined by the report included:
Section 12 where the committee altered the provisions concerning Nigeria’s international treaty obligations, to provide for National Assembly’s ratification and enactment, Section 25 where the committee redefined citizenship to take away the question of who is an indigene or settler in the community, 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 and Section 42 where the committee altered its provision to specifically prohibit discrimination against persons living with disability.
The committee also added new sections 45A-D where it made a significant proposal 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; and Section 65 where the committee agreed to allow for independent candidacy in elections in Nigeria but that this would, however, be subject to conditions stipulated under the Electoral Act.
Others include:
•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 Speaker of the House, Aminu Waziri Tambuwal said he would consult with other principal officers and members for the consideration of the report before they embark on recess which is two week awa
