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Bayo Davids
The proposed amendment of some sections of the 1999 constitution to provide for an age limit to qualify for election into public office is merely an academic exercise, human rights lawyer Abdul Mahmud has said.
Mahmud, who stated this against the backdrop of recent bills which scaled second reading in the House of Representatives, described the proposed 60-year limit for anyone seeking to contest an election to the Office of the President or the governor of a state as discriminatory.
Although the bill has a long walk to reaching its intended destination, President Bola Tinubu, former Vice President Atiku Abubakar, ex-Anambra State governor, Peter Obi, and his Kano State counterpart, Rabiu Kwankwaso, may have to settle for a role outside elective offices, come 2027.
Should the bill pass legislative hurdles in both chambers of the National Assembly and get presidential assent, Tinubu (72), Atiku (78), Obi (63), and Kwankwaso (68) will not be on the ballot in the next election cycle, a development that will bring a much younger crop of politicians to the national limelight.
Sponsored by a member of the Peoples Democratic Party representing Ideato North/Ideato South Federal Constituency, Imo State, Ikenga Ugochinyere, the bill seeks to amend sections 131 and 177 of the 1999 constitution (as amended), which provide for eligibility to contest Presidential and governorship elections, respectively.
Section 131 (b) of the Constitution provides that a person shall be qualified for election to the Office of the President if “He has attained the age of forty years,” while Section 177 (b) stipulates that a person shall be qualified for election to the Office of Governor of a State if “He has attained the age of 35.”
The Green Chamber did not stop there as it passed for a second reading another bill which raised the education qualification bar for the two offices to a minimum of a first degree.
The Principal Act currently proposes that a presidential candidate must be schooled up to at least the level of a school certificate.
In an exclusive interview with Pointblanknews , the constitutional lawyer said, “This (60 years age limit) is rubbish! It is discriminatory and ageist. In any case, the National Assembly has the power to propose and pass bills, but the power of assent resides in the current president who will suffer from the discriminatory effect of the bill.
“The question is: does the current National Assembly have the courage to override the President if he refuses assent? No! We saw how the National Assembly circumscribed itself and its powers in the debate over the declaration of the state of emergency in Rivers State. A serious parliament should be thinking of removing constitutional age bars and not creating more.”
Also speaking, former Secretary General of the Arewa Consultative Forum, Anthony Sani, urged federal lawmakers not to forget that the trouble with Nigeria is not the model of government in operation.
Sani, a member of the All Progressives Congress stated this in a reaction to a bill seeking to replace the presidential system of government with the parliamentary model.
Recall that in February 2024, a group of lawmakers numbering 60 drawn from different political parties, presented some constitutional amendment bills seeking to alter the 1999 Constitution to pave the way for a return to a parliamentary system across all tiers of government.
Led by the House Minority Leader, Kingsley Chinda, the legislators identified the need for reducing the cost of government, and robust policy debates among others as some of the reasons for demanding a switch from the current Presidential system to the parliamentary model.
Spokesperson of the group and member representing Kebbe/Tambuwal Constituency, Sokoto State, Abdulssamad Dasuki had told journalists at a press conference in Abuja that “Our founders in their wisdom and in a political atmosphere devoid of compulsion, and having considered the interests of their native peoples and their desire to live together in a country where truth and justice reign, where no man is oppressed, and where all citizens live in peace and plenty, adopted the parliamentary system of government.
“That was the governance system of the First Republic, a period when legislative and executive powers were exercised by the representatives of the people in parliament and the executive, and by the nature of the system, these representatives were accountable to the people.
“For six years while it was in operation, the system worked for the country.”
He added, “The collapse of the First Republic and the long stretch of military rule culminated in the adoption of a new system of government, theoretically fashioned after the presidential system of the United States, but in practice, imbued the utmost attributes of military rule.
“No wonder the Nigerian President appears to be one of the most powerful presidents in the world.
“Over the years, the imperfections of the presidential system of government have become glaring to all, despite several alterations to the constitution to address the shortcomings of a system that has denied the nation the opportunity of attaining its full potential.
“Among these imperfections are the high cost of governance, leaving fewer resources for crucial areas like infrastructure, education, and healthcare, and consequently hindering the nation’s development progress, and the excessive powers vested in the members of the executive, who are appointees and not directly accountable to the people.
“The bills presented today seek a return to the system of government adopted by our founders, which made governance accountable, responsible, and responsive, and ultimately less expensive.”
The lawmakers added that they intended to “Ignite, provoke a national conversation about the future of the Nigerian governance system, ensure robust public debates, stakeholder consultations, expert analyses, and a thorough and informed decision-making process and raise awareness about this significant development and encourage constructive dialogue on the potential implications of these proposed constitutional alterations.”
With the bill now passed for a second reading, the stage is set for robust debate at the public hearing expected to be announced by the House Committee on Constitution Review in the weeks ahead.
Speaking with our correspondent, Mr Sani said the developmental challenges facing the nation have little or nothing to do with the form of government it operates.
He said, “The problems of Nigeria are not in the form of government we practice but reside in the collapse of national ideals and moral values. This is because Nigeria has tried all forms of government, such as the parliamentary system during the first republic. This was followed by a military dictatorship and now the presidential system.
“Our National Assembly should therefore note that the presidential system works well in America, the parliamentary system is not doing badly in Britain, Israel and many other countries, while a combination of the two is working well in France.
“All we need to do now is for Nigeria to embark on a cultural renaissance, which is what is needed for the rewiring of the politics, reengineering of our sense of justice, sense of what is good and what is evil.