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
summons 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”.
36. Amendment of Third Schedule, Paragraph 5
Role for Traditional Rulers at the National level
“The House voted by a huge majority voted by 317 for, 10 against and 12
abstentions to provide for a role for Traditional Rulers in the
Constitution at the national Level. At the national level, six (6)
Traditional Rulers, reflecting the federal character of Nigeria, are to be
members of the National Council of State for a four (4) year duration.
Their role is mainly advisory in nature”.