By Emeka Ihedioha, CON, Deputy Speaker\/Chairman, Ad-hoc Committee on<\/p>\n
Review of the 1999 Constitution
\nPermit me to express some measure of satisfaction as we mark yet another
\nmilestone in the life of the 7th House of Representatives. You may recall
\nthat shortly after the inauguration of the House in June 2011, we adopted
\na Legislative Agenda which was like a manifesto of the things the House
\nintended to accomplish during its tenure.<\/p>\n
Further efforts at altering some provisions of the Constitution of the
\nFederal Republic of Nigeria, 1999 was identified as one of the critical
\nissues to be pursued by the House.<\/p>\n
In a bid to carry through the amendment process, the House, in September
\n2011, empanelled an Ad-hoc Committee on the Review of the Constitution.
\nThe Committee drew membership from all the Thirty-six States of the
\nFederation and the Federal Capital Territory. Some slots were allocated
\nto Women and other interests. The Principal Officers were included to
\nsteer the Committee under the leadership of my humble self.<\/p>\n
The Fifty-three Member Committee immediately hit the ground running by
\nrequesting for Memoranda from members of the public on aspects of the 1999
\nConstitution they would like to be amended.<\/p>\n
As I said earlier during a briefing on the work done by the Ad-Hoc
\nCommittee on Constitution Review of the House of Representatives:<\/p>\n
\u201cIt is a well known fact that the process adopted by the House to alter
\nthe Constitution, has been very painstaking and methodical. It has been
\ndone in a most transparent and professional manner. It is perhaps the most
\ninclusive and consultative process ever undertaken by the House of
\nRepresentatives.<\/p>\n
The highlight of the process was the highly acclaimed Peoples Public
\nSessions held all over the country on November 10, 2012. This was a
\nlandmark achievement as Nigerians in their various constituencies had an
\nopportunity to express their views on how they should be governed. The
\nResults of the Peoples Public Sessions were openly collated with all the
\nmajor stakeholders participating actively. These Results were published in
\nthe media and on the website of the Committee and to date, no person has
\ndisputed the authenticity of the will of the people expressed during those
\nhearings. We therefore take them as the authentic view of the people on
\nthe subjects voted on. On 24th July, 2013, the House of Representatives
\nkept faith with the decisions and wishes of the Nigerian people as
\nexpressed during the Peoples Public Sessions, in a historic voting on the
\nvarious sections proposed for amendments. The House lived up to its
\nbilling as the House of the Nigerian people by voting overwhelmingly along
\nthe line of the outcome of the Peoples Public Sessions in their Federal
\nConstituencies.<\/p>\n
On Thursday January 30, 2014, the House also voted to alter more Sections\u201d.<\/p>\n
NATIONAL ASSEMBLY AMENDMENTS AND THE RETURNS FROM STATE HOUSES OF ASSEMBLY
\nOF THE FEDERATION<\/p>\n
At this juncture, Mr. Speaker, my colleagues, I need to point out that the
\nHouse is not acting alone. It is working in collaboration with the Senate
\nto which section 4 of the 1999 Constitution confers co-ordinate
\njurisdiction in the business of making laws for the peace, order and good
\ngovernment of the Federation.<\/p>\n
After the House voted on the alterations, It then named a harmonization
\nCommittee which met with its counterpart from the Senate. The two
\nCommittees held several meetings and eventually arrived at a harmonized
\nversion of the Bill which was again presented to both Chambers for
\nadoption. This was adopted by 2\/3 majority of membership of both Houses
\nof the National Assembly.<\/p>\n
This set the stage for the next phase of the amendment exercise, the
\nhanding over of the Bill to the State Houses of Assembly. This exercise,
\nwhich took place on October 28, 2014, was in fulfilment of the requirement
\nof Section 9(2) of the 1999 Constitution which requires that the proposal
\nbe approved by Resolution of the Houses of Assembly of not less than
\ntwo-thirds of all the States of the Federation, thus making them critical
\nstakeholders in the Constitution alteration process.<\/p>\n
We are pleased that the States Houses of Assembly harkened to our pleas to
\ntreat the Bill with dispatch and they dutifully concluded the assignment
\nin about one (1) month and returned their Resolutions on the Bill to the
\nNational Assembly.<\/p>\n
The Resolutions have been collated and analysed and it has been determined
\nthat out of the Seventy-One (71) sections and schedules of the
\nConstitution altered by the National Assembly and forwarded to the State
\nHouses of Assembly, the following sections, chapters, new sections and
\nschedules have met the requirement of section 9(2) of the Constitution for
\npassage of the Act, namely Sections 4, 8, 9, Chapter III, Sections 25, 26,
\n34, 35, 39, 42, new sections 45A-45D, 50A, sections 58, 59, 65, 66, 67,
\n68, 81, 82, 84, new sections 84A-84F, section 89, new section 92A,
\nsections 101, 106, 107, 109,121, 122, 124(b) 131, 134, 150, 153, 155, 174
\nnew section 174A-174L, sections 177, 179, 195, new section 211A-211H,
\nsections 214, 215, 216, new section 225A, sections 228, 233, 241, 251,
\n285, 315 and 318; Part I of the 1st Schedule, Part II of the 1st Schedule,
\nPart I of the 2nd Schedule, Part II of the 2nd Schedule, Part I of the 3rd
\nSchedule, Part III of the 3rd Schedule, Part III of the 3rd Schedule, Part
\nI of the 5th Schedule, and paragraphs 3, 4 and 5 of the 7th Schedule.<\/p>\n
For the avoidance of doubts, the details of the Sections amended and those
\nthat failed are as follows:
\n1. Amendment of Section 4
\n\u201cThe House voted by 301 votes for, none against and no abstention to
\ninsulate members of the legislature from civil or criminal proceedings in
\nrespect of words spoken or written before the House or a Committee. This
\nis aimed at ensuring that Members of the legislature are not made
\ncriminally liable for contributions made on the floor. This will enhance
\nrobust legislative debates by Members and is consistent with international
\nbest practices\u201d.<\/p>\n
This was endorsed at the Conference Committee of the National Assembly and
\nreceived the blessing of 2\/3 majority votes of the State Houses of
\nAssemblyof the Federation.<\/p>\n
2. Local Government System
\n\u201cThe House voted by 284 for, 48 against and 7 abstentions to amend Section
\n7 of the 1999 Constitution which states in part that the system of Local
\nGovernment by democratically elected Local Government Councils is under
\nthe Constitution guaranteed. This is however observed more in breach as
\nso many States at various times do not have democratically elected Local
\nGovernment Councils. To cure this, the House voted overwhelmingly to
\ngrant full financial, administrative, executive and legislative autonomy
\nto local government councils (LGCs). By this effort, the LGCs would be
\nmade a tier of government having a uniform 4 year tenure. Also, any LGC
\nthat does not have democratically elected officials would be denied
\nallocation from the Federation Account and other benefits from the State
\nGovernment.<\/p>\n
The amendments articulates clearly the structure, organs, personnel,
\nprocedures for exercise of powers by the organs and functionaries of the
\nLocal Government Councils. It replicates to a large extent the
\nPresidential System of Government at the Local Government level.<\/p>\n
It equally consequentially amended section 285 of the Constitution to
\nestablish for each State, a Local Government Election Tribunal to
\ndetermine election petitions at the Local Government level.
\nIt also provided for the appointment of an Auditor-General for the Local
\nGovernment Councils in a new section 126(1) of the Constitution\u201d<\/p>\n
This was adopted by the Conference Committee and both Houses of the
\nNational Assembly but REJECTED by 2\/3 majority votes of the State Houses
\nof Assemblyof the Federation.<\/p>\n
3. Amendment of Section 8
\n\u201cSection 8 was amended by 305 votes for, 22 votes against and 12
\nabstentions in order to remove ambiguities in the process of creation of
\nnew States and boundary adjustment. The referendum required for a new
\nState shall now be approved by at least two-thirds majority of the
\n\u2018registered voters\u2019 of the local government areas where the demand
\noriginated from, instead of the current provision of approval by
\n\u201ctwo-third majority of the people of the area\u201d which is ambiguous and
\nsubject to different interpretations.<\/p>\n
The referendum will now also be approved by two-third of the State Houses
\nof Assembly. The current provision requires a simple majority of the
\nentire Nigerian voters and a simple majority of the whole 36 States Houses
\nof Assembly sitting together or separately to vote.<\/p>\n
The amendments also made it clear that only \u201cdemocratically elected\u201d
\nofficials and Council can perform the roles assigned in the Constitution
\nfor creation of Local Governments, States and Boundary Adjustment\u201d.<\/p>\n
This was adopted by the Conference Committee and both Houses of the
\nNational Assembly and received the consent of 2\/3 majority of the State
\nHouses of Assembly of the Federation.<\/p>\n
4. Amendment of Section 9
\n\u201cSection 9 was amended by 317 votes for, 6 against and 15 abstentions
\nwhich met the 4\/5 majority required to amend the Section. The amendment
\nsought to replace an \u201cAct\u201d with a \u201cBill\u201d thereby enabling the process to
\nproceed without Presidential Assent\u201d.<\/p>\n
This was adopted by the Conference Committee and both Houses of the
\nNational Assembly and received the consent of 2\/3 majority of the State
\nHouses of Assembly of the Federation.
\n5. Amendment of Section 25
\n\u201cSection 25 was amended by a huge majority of 292 votes for, 27 against
\nand 20 abstentions to confer on married women the opportunity to elect to
\nacquire indigenship rights either of their husband\u2019s community or to
\nretain that of their paternal community. It also conferred indigenship
\nrights of a State to a Nigerian citizen who has resided in a particular
\ncommunity of a State for a continuous period of not less than 10 years.
\nHowever, no person shall claim indigenship of more than one State at a
\ntime. The amendment is aimed at accommodating the reality of movement of
\npersons, change of domicile, intermarriages and national integration in
\nmodern Nigeria\u201d.<\/p>\n
This was adopted by the Conference Committee and both Houses of the
\nNational Assembly and received the consent of 2\/3 majority of the State
\nHouses of Assembly of the Federation.<\/p>\n
6. Amendment of Section 26
\n\u201cCitizenship by registration is being made available to any person,
\nirrespective of gender married to a Nigeria, allowing for both paternal
\nand maternal relationships, as basis for citizenship by registration
\nthrough marriage, as opposed to the extant provisions that is paternal, by
\nmaking citizenship by registration only available to a woman married to a
\nNigerian man. This also advances gender equality constitutionally\u201d.
\nThis was a Senate amendment that was endorsed by the Conference Committee
\nof the National Assembly and 2\/3 majority votes of the State Houses of
\nAssembly.<\/p>\n
7. Amendment of Sections 34(2), 35(7), 39(3), 42(3), 89(2),
\n129(2), 214, 215, et cetera
\n\u201cThe House voted overwhelmingly by 314 for, 1 against and 24 abstention to
\namend S.34(2); by 318 for, 2 against and 19 abstention to amend S.35(7);
\nby 315 for, 5 against and 19 abstentions to amend S.39(3); by 319 for, 2
\nagainst and 18 abstentions to amend S. 42 (3); and consequentially, any
\nother section where the term \u201cNigerian Police Force\u201d appears and replaced
\nwith \u201cNigeria Police\u201d. The rationale was to emphasize the civil nature of
\npolicing, rather than celebrate \u201cbrute\u201d force. There is nowhere else in
\nthe world where such a term as \u201cforce\u201d is added to the name of the Police
\nsystem\u201d.<\/p>\n
This was adopted by the Conference Committee and both Houses of the
\nNational Assembly and approved by 2\/3 majority votes of the State Houses
\nof Assembly of the Federation.<\/p>\n
\u201cSection 42(1) was also amended to include \u201cdisability\u201d as a ground under
\nwhich a person should not be discriminated against\u201d.<\/p>\n
Both Senate and House of Representatives carried out this same amendment
\nand it was endorsed by the State Houses of Assembly of the Federation by
\nthe required 2\/3 majority.<\/p>\n
8. Amendment of Section 45
\n\u201cPerhaps one of the most revolutionary amendments is the introduction of
\nnew section 45A and 45B. By this, two items currently under Chapter 2 of
\nthe Constitution on the fundamental objectives and Directive Principles of
\nState policy were moved to Chapter 4 on the Fundamental Human Rights in
\norder to make them justiciable. The House voted by 321 for, 2 against and
\n16 abstentions to provide for a new section 45A which grants every citizen
\nof Nigeria a right to free basic education; by 318 for, 2 against and 16
\nabstentions for a new section 45C which grants a right to free primary and
\nmaternal Health Care Services\u201d<\/p>\n
The Conference Committee and both Houses of the National Assembly adopted
\nit and was approved by2\/3 majority votes of the State Houses of Assembly
\nof the Federation.<\/p>\n
9. Amendment of Section 50 and 92
\n\u201cThe House voted by 327 for, none against and 12 abstentions to amend
\nSections 50 and 92 to introduce new Sections 50A and 92A to incorporate
\nthe National Assembly Service Commission and the State Houses of Assembly
\nService Commissions in the Constitution. This is a deliberate effort to
\nstrengthen the capacity of the legislative institutions and bring them at
\npar with their counterparts like the Federal Judicial Service Commission
\nand the Federal Civil Service Commission which are already constitutional
\nbodies\u201d.<\/p>\n
The Conference Committee and both Houses of the National Assembly adopted
\nit and it was approved by 2\/3 majority votes of the State Houses of
\nAssembly of the Federation.
\n10. Amendment of Section 58
\n\u201cThis is a Senate amendment that introduces a new subsection 5A to S.58,
\nso that where the President after the expiration of 30 days neither
\nsignifies that he assents or that he withholds assent to a bill, the bill
\nshall automatically become law\u201d.<\/p>\n
The Conference Committee and both Houses of the National Assembly adopted
\nit and it was approved by 2\/3 majority votes of the State Houses of
\nAssembly of the Federation.<\/p>\n
11. Amendment of Section 59
\n\u201cThe House voted by 317 for, 1 against and 19 abstentions to amend the
\nsection to introduce a new subsection 4 to require the President of the
\nSenate to convene a joint session of the National Assembly within seven
\n(7) days to reconsider any money Bill vetoed by the President, thereby
\nremoving the lacuna in the current provision\u201d.<\/p>\n
The Conference Committee and both Houses of the National Assembly adopted
\nit and it was approved by 2\/3 majority votes of the State Houses of
\nAssembly of the Federation.
\n12. Amendment of Sections 65(2)(b); 106(d); 131(c) and 177(c)
\n\u201cThe House voted overwhelmingly by 313 for, 8 against and 12 abstentions
\nto endorse independent candidacy in elections in order to further open up
\nthe political space. To ensure that the provision is not abused, section
\n228 was amended to introduce a new section 228(e) which states that \u201cThe
\nNational Assembly may by law provide for procedures, guidelines and
\nqualifications for access to the ballot by political parties and
\nindependent candidates\u201d.<\/p>\n
The Conference Committee and both Houses of the National Assembly adopted
\nit and it was approved by 2\/3 majority votes of the State Houses of
\nAssembly of the Federation.<\/p>\n
13. Amendment of Section 67
\n\u201cThe House voted by 293 for, 7 against and none abstention to make it
\nmandatory for the President to attend a joint meeting of the National
\nAssembly once every year to deliver an address on any issue(s) in respect
\nof the State of the Nation. This is aimed at achieving more transparency
\nand accountability in government\u201d.<\/p>\n
The Conference Committee and both Houses of the National Assembly adopted
\nit and it was approved by 2\/3 majority votes of the State Houses of
\nAssembly of the Federation.<\/p>\n
14. Amendment of Sections 68 and 109
\n\u201cThe House voted by 286 for, 5 against and 3 abstentions to amend the
\nsections to ensure that a member of a legislature who becomes a member of
\na Parliamentary body or similar bodies by virtue of his office in the
\nLegislature, does not have to vacate his seat\u201d.<\/p>\n
The Conference Committee and both Houses of the National Assembly adopted
\nit and it was approved by 2\/3 majority votes of the State Houses of
\nAssembly of the Federation.<\/p>\n
15. Amendment of Section 81 and 121
\n\u201cThe House voted by 327 for, 3 against and 9 abstentions to amend the
\nsections in order to include \u2013
\nthe National Security Agencies; and the Nigerian Police, alongside the
\nState Houses of Assembly, Attorneys- General, the Auditors-General, as
\nbodies and offices to be included in the first line charge of the
\nConsolidated Revenue Fund of the Federation and states. This shall grant
\nthem financial autonomy to enable them carry out their assignments without
\nthe hindrance of non-release of their allocations. This will assure their
\noperational autonomy\u201d.<\/p>\n
The Conference Committee and both Houses of the National Assembly adopted
\nit and it was approved by 2\/3 majority votes of the State Houses of
\nAssembly of the Federation.
\n16. Amendment of Sections 82 and 122
\n\u201cThe House also amended sections 82 and 122 to limit the period during
\nwhich the Federation or a State may operate without an Appropriation Act
\nin any new financial year to three (3) months rather than six (6) months
\nas is currently the case\u201d.<\/p>\n
The Conference Committee and both Houses of the National Assembly adopted
\nit and it was approved by 2\/3 majority votes of the State Houses of
\nAssembly of the Federation.<\/p>\n
17. Amendment of Sections 84(5) and 124(5)
\n\u201cThe House voted by 284 for, 18 against and 36 abstentions to amend S.
\n84(5); by 293 for, 13 against and 32 abstentions to amend S. 124(5) to
\ninclude the presiding officers of the National Assembly and the State
\nHouses of Assembly to join the President, Vice President, Governors,
\nDeputy Governors and Leadership of the Judicial Arm as persons entitled to
\npension after leaving office, provided they were not impeached or removed.
\nThis is to correct a historic wrong perpetuated by the military in
\ngovernment against the legislative arm, either to deliberately or
\notherwise undermine it as a co- equal branch in the administrative and
\ngovernance structure of Nigeria. It was wrong to have provided for the
\nleaders of the executive and judicial arms of government and excluded the
\nleaders of the legislative arm. This will also help insulate them from
\nfinancial and even political manipulations and corruption while in
\noffice\u201d.<\/p>\n
The Conference Committee and both Houses of the National Assembly adopted
\nit and it was approved by 2\/3 majority votes of the State Houses of
\nAssembly of the Federation.<\/p>\n
18. Introducing new Sections 84A \u2013 84F
\n\u201cThe House voted by 321 for, 7 against and 11 abstentions to split the
\nOffice of the Accountant-General of the Federation and introduce a new
\nOffice of the Accountant-General of the Federal Government. Under the
\nproposed new structure, the Accountant-General of the Federation shall
\nhave a five (5) year tenure and be charged with handling the disbursement
\nof allocations from the Federation Account to the three tiers of
\nGovernment while the Accountant-General of the Federal Government shall be
\ncharged with administering the accounts of the Federal Government.<\/p>\n
It is significant that under the new structure, the Accountant-General of
\nthe Federation is to be appointed by the President on the recommendation
\nof the National Economic Council which is made up of all the Governors of
\nthe States. The Senate shall confirm the appointment\u201d.<\/p>\n
The Conference Committee and both Houses of the National Assembly adopted
\nit and it was approved by 2\/3 majority votes of the State Houses of
\nAssembly of the Federation.
\n19. Amendment of Sections 89 and 129
\n\u201cThe House voted by 299 for, 1 against and none abstention to amend S. 89;
\nby 304 for, none against and none abstention to amend S.129 to prescribe
\ncivil and\/or criminal sanctions for any failure, refusal or neglect to
\nobey the summons issued by a legislative House or any of its Committees.
\nIt also retained the inclusion of the Sergeant-At-Arms among persons
\nauthorized to execute a summons or warrant.<\/p>\n
This is aimed at strengthening the oversight functions of the legislature
\nand ensuring that any person summoned to provide any information attends
\nat the pain of a criminal or civil penalty. It is also to ensure that the
\nsummons are duly served where the Police may be hamstrung to do so\u201d.<\/p>\n
The Conference Committee and both Houses of the National Assembly adopted
\nit and it was approved by 2\/3 majority votes of the State Houses of
\nAssembly of the Federation.<\/p>\n
20. Amendment of Section 125 \u2013 Auditor-General of Local Government
\nCouncils
\n\u201cThe House voted by 324 for, 7 against and 8 abstentions to amend S.125,
\nin order to check the excesses that may arise from the introduction of
\nfull autonomy at the local government councils, an Independent
\nAuditor-General of Local Government Councils of a State was created\u201d<\/p>\n
The Conference Committee and both Houses of the National Assembly adopted
\nit but it was REJECTED by 2\/3 majority votes of the State Houses of
\nAssembly of the Federation.<\/p>\n
21. Amendment of Sections 134 and S.179<\/p>\n
\u201cThis is a Senate proposed amendment which gives INEC a period of 21days
\nrather than 7days to organize a run-off election where necessary for
\nPresident or Governor\u201d.<\/p>\n
The Conference Committee and both Houses of the National Assembly adopted
\nit and it was approved by 2\/3 majority votes of the State Houses of
\nAssembly of the Federation.<\/p>\n
22. Amendment of Sections 150; 174; 195 and 211
\n\u201cThe House voted by 321 for, 7 against and 11 abstentions to amend S.150;
\nby 328 for, 3 against and 8 abstentions to amend S. 174; by 324 for, 5
\nagainst, 10 abstentions to amend S.195; by 324 for, 4 against and 11
\nabstentions to amend S. 211 which separates the Offices of the
\nAttorney-General of the Federation and Attorney-General of a State from
\nthe Minister of Justice and Commissioner for Justice of a State.It
\nintroduced new Section 174A \u2013 174L and equivalent sections for the States.
\nThe proposal is that the Attorney-General shall be a distinguished legal
\npractitioner who has knowledge of the workings of the criminal justice
\nsystem and shall be independent of any authority or person. He shall not
\nbelong to any political party and will have complete control and authority
\nover public prosecutions. He shall have a 5 year fixed term which may be
\nrenewed for another 5 years and no more. His appointment shall be on the
\nrecommendation of the National Judicial Council at the federal level and
\nthe State Judicial Service Commission at the States level. He can only be
\nremoved by a 2\/3 vote of the Senate or the House of Assembly. The office
\nas already stated shall be on first line charge in order to further
\nguarantee financial and operational independence\u201d.<\/p>\n
The Conference Committee and both Houses of the National Assembly adopted
\nit and it was approved by 2\/3 majority votes of the State Houses of
\nAssembly of the Federation.<\/p>\n
23. Amendment of Section 153
\nThe word \u201cExecutive\u201d, in the section was expunged as it was felt that some
\nof the bodies listed therein, like the National Judicial Council cannot
\nreally be called \u201can executive body\u201d.<\/p>\n
The Conference Committee and both Houses of the National Assembly adopted
\nit and it was approved by 2\/3 majority votes of the State Houses of
\nAssembly of the Federation.<\/p>\n
24. Amendment of Section 162
\n\u201cThe House voted by 326 for, 4 against and 9 abstentions to amend Section
\n162 so that the Office of the Accountant-General of the Federation shall
\nbe funded from the Federation Account pursuant to an Act of the National
\nAssembly. The Section was also amended to empower the Revenue
\nMobilization Allocation and Fiscal Commission (RMAFC) to table proposals
\nfor revenue allocation from the Federation Account directly to the
\nNational Assembly and not for the President to do so upon receipt of an
\nadvice from RMAFC. This is to avoid the delay and possible interference
\nin the work of the RMAFC so that it could serve the entire nation in a
\nneutral capacity.<\/p>\n
It was further amended to abolish the \u201cState Joint Local Government
\nAccount\u201d and establish instead a \u201cLocal Government Council Allocation
\nAccount\u201d into which shall be paid directly allocation to each local
\ngovernment council from the Federation Account and from the States
\nGovernments. This is to ensure financial autonomy for the local
\ngovernment councils\u201d.<\/p>\n
It was approved by the Conference Committee and both Houses of the
\nNational Assembly but rejected by2\/3 majority votes of the State Houses of
\nAssembly of the Federation.<\/p>\n
25. Amendment of Section 201 and 202 – Abolition of the State
\nIndependent Electoral Commissions (SIECs)
\n\u201cThe House voted by 331 in favour, 16 against and 11 abstentions to
\nabolish the State Independent Electoral Commissions in order that all
\nelections shall be conducted by the Independent National Electoral
\nCommission (INEC). This is to cure the current scandalous situation where
\nthe credibility of elections conducted by SIECs have left much to be
\ndesired. In any case, and in spite of concerns on issues of federalism,
\nNigerians voted overwhelmingly during the Peoples Public Sessions in
\nsupport of this measure\u201d.<\/p>\n
It was approved by the Conference Committee and both Houses of the House
\nbut REJECTED by2\/3 majority votes of the State Houses of Assembly of the
\nFederation.<\/p>\n
27. Amendment of Section 225
\nThis is a Senate proposed amendment that introduces a new S.225A; which
\ngives INEC power to deregister political parties that breach any
\nrequirements for registration, and fail to win any seat in an election ,of
\nat least ,Chairman of one Local Government Council , State House of
\nAssembly, etc.<\/p>\n
The Conference Committee and both Houses of the National Assembly adopted
\nit and it was approved by 2\/3 majority votes of the State Houses of
\nAssembly of the Federation.<\/p>\n
28. Amendment of Section 228<\/p>\n
\u201c Following the constitutional adoption of independent candidacy in our
\npolitics , it was thought necessary to regulate access to ballot by
\nindependent candidates and political parties in order to engender
\nefficiency in electoral management and healthy competition for political
\noffices\u201d. Hence, Section 228 was amended to introduce a new section 228(e)
\nwhich states that \u201cThe National Assembly may by law provide for
\nprocedures, guidelines and qualifications for access to the ballot by
\npolitical parties and independent candidates\u201d.<\/p>\n
The Conference Committee and both Houses of the National Assembly adopted
\nit and it was approved by 2\/3 majority votes of the State Houses of
\nAssembly of the Federation.
\n29. Amendment of Section 233
\n\u201cThis is a Senate amendment that introduces a new Sub-Section (2A), where
\n3 Justices of the Supreme Court without oral hearing can dispense of an
\napplication for leave to Appeal in Chambers. This is to further quicken
\nthe dispensation of Justice\u201d.<\/p>\n
The Conference Committee and both Houses of the National Assembly adopted
\nit and it was approved by 2\/3 majority votes of the State Houses of
\nAssembly of the Federation.<\/p>\n
30. Amendment of Section 241
\n\u201cThe House, relying on the returns of the Peoples Public Sessions which
\nendorsed measures to undertake judicial reforms to ensure quicker
\ndispensation of justice, voted overwhelmingly by 324 for, 7 against and 8
\nabstentions for the reforms. In one of the most significant amendments of
\nthe current process, the House voted for a new sub-section (3), to wit, \u201c
\na court or tribunal shall not stay any proceeding on account of an
\ninterlocutory appeal\u201d. This amendment could impact in a very effective
\nand positive manner on the time spent in court by litigants\u201d.<\/p>\n
The Conference Committee and both Houses of the National Assembly adopted
\nit and it was approved by 2\/3 majority votes of the State Houses of
\nAssembly of the Federation.<\/p>\n
31. Amendment of Section 285
\n\u201cThe House voted by 250 for, 10 against and 7 abstentions, to cure any
\ninjustice that may be occasioned by the requirement on the tribunal or
\nCourt of Appeal to deliver judgment within 180 days and 60 days
\nrespectively of the filing of election petitions and delivery of judgment
\nby the tribunal or Court.<\/p>\n
It voted to allow that where a force majeure occurs that makes it
\nimpracticable for the court or tribunal to sit, the period of the said
\nforce majeure shall not be counted in the computation of the 180 days and
\n60 days respectively.
\nThe House also voted to provide that where a preliminary objection or any
\nother interlocutory issue touching on the jurisdiction of the tribunal or
\ncourt or on the competence of the petition itself is raised by a party,
\nthe tribunal or court shall suspend ruling thereon and deliver same at the
\nstage of final judgment\u201d.<\/p>\n
The Conference Committee and both Houses of the National Assembly adopted
\nit and it was approved by 2\/3 majority votes of the State Houses of
\nAssembly of the Federation.<\/p>\n
32. Further Amendment of Section 285
\n\u201cThere is a further amendment introduced by the Senate which provides a
\nspecific time for filing, hearing and determination of pre-election cases,
\nby introducing a new sub-section \u201c1A(i-v)\u201d<\/p>\n
The Conference Committee and both Houses of the National Assembly adopted
\nit and it was approved by 2\/3 majority votes of the State Houses of
\nAssembly of the Federation.<\/p>\n
33. Amendment of Section 306<\/p>\n
This is an earlier House amendment that was essentially part of the
\namendment proposals for Local Government issues which was generally
\nrejected. This alteration now, constitutionally recognizes the procedure
\nfor resignation of Local Government Council Chairman\/Vice Chairman,
\nCouncilor, and Leader\/Deputy Leader of a Local Government Legislative
\nCouncil.<\/p>\n
The Conference Committee and both Houses of the National Assembly adopted
\nit and it was approved by 2\/3 majority votes of the State Houses of
\nAssembly of the Federation.
\n34. Amendment of Section 315
\n\u201cThe House voted by 323 for, none against and 16 abstentions to delete
\nsection 315(2), 315(4)(a)(i) and (ii), and 315(4)(c) in order to bring to
\nan end the anachronistic position that allows the President or a Governor
\nto function, both in an executive and legislative capacity by way of
\nhaving the power to repeal or alter, by modifications of any existing law.
\nThe provision was meant to be transitional but there was no time limit
\nplaced on its use, unlike in the 1963 Constitution where a similar
\nprovision was stipulated to last for only six (6) months before it
\nlapsed\u201d.<\/p>\n
The Conference Committee and both Houses of the National Assembly adopted
\nit and it was approved by 2\/3 majority votes of the State Houses of
\nAssembly of the Federation.<\/p>\n
35. Amendment of Section 318 \u2013 Definition Section<\/p>\n
\u201cThis amendment defines
\n\u201cBye-Law\u201d, Chairman, Vice Chairman, Councilor\u201d
\n\u201cMember\u201d, \u201cSupervisor\u201d, \u201cNational Security Agencies\u201d, \u201cPublic Fund of the
\nFederation\u201d and \u201cPublic Fund of the State\u201d.
\n36. Amendment of Third Schedule, Paragraph 5
\nRole for Traditional Rulers at the National level
\n\u201cThe House voted by a huge majority voted by 317 for, 10 against and 12
\nabstentions to provide for a role for Traditional Rulers in the
\nConstitution at the national Level. At the national level, six (6)
\nTraditional Rulers, reflecting the federal character of Nigeria, are to be
\nmembers of the National Council of State for a four (4) year duration.
\nTheir role is mainly advisory in nature\u201d.<\/p>\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
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…<\/p>\n","protected":false},"author":1,"featured_media":22079,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[1],"tags":[],"class_list":["post-36480","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized"],"yoast_head":"\n