Remarks By The Deputy Speaker, House Of Representatives And Chairman Ad-Hoc Committee On The Review Of 1999 Constitution, Rt. Hon. Emeka Ihedioha, Con, At The Public Hearing On Bills Seeking Further Alteration Of The Constitution Held On 4th December, 2013, House Of Representatives, National Assembly.
It gives me great pleasure to once again welcome Guests to another in the series of public outings by the Ad Hoc Committee on the Review of the 1999 Constitution. This is in furtherance of the pledge the Committee made upon its inauguration, and in keeping with the commitment made to the Nigerian people by the House in its legislative agenda, to undertake a transparent and inclusive process of alteration of the Constitution.
We will recall that the process of public engagement started with the widely acclaimed Peoples Public Sessions on the Review of the Constitution held on November 10, 2012 that took place in the Three Hundred and Sixty (360) Federal Constituencies. The event has largely been regarded as some kind of referendum on alteration of the Constitution, as the Nigerian people at the grassroots indicated their preferences on the issues.
The questionnaire that was put forward to the people to be voted on was distilled from the memoranda received from Nigerians and the Bills sponsored by Honourable Members which were referred to the Committee on Constitution Review for further legislative input, after they had passed Second Reading.
The Peoples’ Public Sessions was a very successful event that took place all around the country and focused on obtaining responses to 43 questions asked in the template used. The 43-item template covered the following issues:
· Recognition of the six zonal structure;
· Issues with respect to States creation;
· The Structure, Funding and Creation of Local Governments;
· Residency, Citizenship and the Indigeneship question;
· Justiciability of economic and social rights;
· Fiscal provisions;
· Separation of office of Accountant General of the Whole Federation and Accountant General of the Federal Government;
· Separation of office of Attorney General of the Federation and Minister of Justice; Process of sending the Revenue Allocation Formula to National Assembly;
· Independence of State legislature;
· Amendments to the Exclusive Legislative List;
· Fiscal federalism;
· Abolition of State Electoral Commissions;
· Immunity clause;
· State Police Question;
· Zoning and Power sharing;
· Term of office of Governors and President whether single term of 5, 6 or 7 years or a renewable term of 4 years;
· Independent candidacy;
· Voting age;
· Improved women representation;
· Disability rights;
· Diaspora voting;
· Single National chamber legislature;
· Presidential or Parliamentary system;
· Role for traditional rulers;
· Judicial reforms;
· Further electoral reforms; etc
The Reports obtained from the various Federal Constituencies were carefully collated and analysed by the Committee. Thereafter, distinct issues were formulated from the collated results into a Bill which was then presented to the House by the Committee. This led to the landmark voting on amendment of the Constitution which took place on July 25, 2013. The outcome of that exercise, especially the clear positive votes on such issues as financial and administrative autonomy for local government councils, making certain aspects of the fundamental objectives and directive principles of State policy in Chapter II of the Constitution justiciable, citizenship/indigenship question, et cetera has further received universal acclaim. And it is the most far reaching proposals ever made for amendment of the 1999 Constitution.
The Committee has further analysed the voting pattern and juxtaposed the House version with the position of our Senate counterpart. Preparations are being made for the empanelling of a harmonization Committee with the Senate in order that the two Chambers will come to an agreement on a single document that will be forwarded to the Houses of Assembly of the States.
But before that is done, there remained a number of Bills which were referred to the Committee shortly before the voting took place. Some others were referred after the voting had taken place.
The highlights of the Bills for today’s public hearing are:
i. Alteration of Section 143 of the Constitution to remove ambiguities in the process of removal of the President or the Vice President from Office on allegations of gross misconduct and to provide for a more transparent and democratic procedure for impeachment of the holder of the Office;
ii. Alteration of Section 285 of the Constitution (Second Alteration) Act, No. 2 of 2010 to provide that where an intervening event (natural or circumstantial) occurs which makes it impracticable for the tribunal to sit, the period shall not be counted in the computation of the 180 days or 60 days period prescribed in subsections 6 and 7, respectively of the Second Alteration Act;
iii. Alteration of Sections 241 and 242 of the Constitution to provide for a right of appeal from a decision of the National Industrial Court to the Court of Appeal;
iv. Alteration of Sections 158 of the Constitution to increase the powers of the National Judicial Council in respect of suspension, punishment, reinstatement and discipline of judicial officers;
v. Alteration of Section 81 of the Constitution to include the National Security Agencies and the Nigerian Police in the first line charge of the Consolidated Revenue Fund of the Federation;
vi. Alteration of Sections 277 and 282 of the Constitution of the Federal Republic of Nigeria (as amended); and for other matters related thereto;
vii. Alteration of Section 89 of the Constitution.
viii. Amendment of the National Youth Service Corps Act Cap. N84 LFN, 2004.
ix. Alteration of Section 56 of the Constitution to guarantee freedom of speech in the floor of a legislative House.
Given that these Bills were neither presented to the people during the public sessions nor were they subjected to a public hearing and in view of the crucial nature of some of them, the Committee decided to organize this Public Hearing on those outstanding Bills.
The outcome of this Hearing will be considered by the Committee which will thereafter present a Report to the House on what should be done with regards to the Bills.
Your inputs therefore will be very crucial in determining whether any of those Bills will be part of the final Report of the Committee.
I have no doubt in my mind that you have come to this Public Hearing, well prepared for an engaging and robust deliberations. I am sure that at the end of this Hearing, we would all have been better enriched and fulfilled for having contributed our quotas, once more towards the betterment of the constitutional framework of our dear country.
May I once more thank you for honouring this invitation and welcome you, on behalf of the Committee, to this Public Hearing. I wish you very fruitful deliberations.
Thank you.
Rt. Hon. Emeka Ihedioha, CON
Deputy Speaker/Chairma