The two chambers of the National Assembly will today enter the most decisive step in changing the 1999 Constitution with votes on 32 bills in the two chambers of the National Assembly. To avoid throwing away the baby with the bath water the two committees of the Senate and the House of Representatives decided to desegregate the Constitution Alteration Bills into 32 separate bills grouped in separate themes. The bills include provisions to allow married women choose either her indigeneship by birth or by marriage for the purposes of appointment or election. Among the bills to be voted for today and tomorrow are also bills to delete the Land Use Decree, National Youth Service Corp, NYSC Decree, among others from the constitution. Voting is expected to be carried out over two days and is to be by electronic voting in the two houses. For a bill to be carried two thirds of the Senate, meaning 73 votes are required. In the House of Representatives, 240 votes are required for passage. The set of bills to be presented have been harmonised between the Senate and the House so that the same bills would be voted upon in the two chambers. Those which pass through are expected to be pushed through to the State Houses of Assembly. If the alterations as approved by the National Assembly are approved by the State Houses of Assembly, the bills would be passed on to the president for assent. Remarkably, one of the alterations sought by the National Assembly is to remove the president from giving assent to future alterations of the constitution, meaning that amendments approved by two-thirds of the State House of Assembly would automatically become law. Highlights of the recommendations Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 1, 2017 (Composition of Members of the Council of State) – This bill seeks to amend the Third Schedule to include former Presidents of the Senate and Speakers of the House of Representatives in the composition of the Council of State. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 2, 2017 (Authorisation of Expenditure) – seeks to alter sections 82 and 122 of the Constitution to reduce the period within which the President or Governor of a state may authorise the withdrawal of monies from the consolidated revenue fund in the absence of an appropriation act from 6 months to 3 months. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 3, 2017 (Devolution of Powers) – This seeks to alter the Second Schedule, Part I & II to move certain items to the Concurrent Legislative List to give more legislative powers to States. It also delineates the extent to which the federal legislature and state assemblies can legislate on the items that have been moved to the Concurrent Legislative List. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 4, 2017 (Financial Autonomy of State Legislatures) – This alteration seeks to provide for the funding of the Houses of Assembly of States directly from the Consolidated Revenue Fund of the State. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 5, 2017 (Distributable Pool Account) – This Bill seeks to alter section 162 of the Constitution to abrogate the State Joint Local Government Accounts and empower each Local Government Council to maintain its own special account into which all allocations due to the Local Government Council shall be directly paid from the Federation Account and from the Government of the State and also to make provisions for savings in the Federation Account before distribution to other levels of Government. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 6, 2017 (Local Government) – The alterations here are aimed at strengthening local government administration in Nigeria by guaranteeing the democratic existence, funding, and tenure of local government councils. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 7, 2017 (State Creation and boundary Adjustment) – This essentially seeks to alter section 8 of the Constitution to ensure that only democratically elected local government councils participate in the process of State creation and boundary adjustment. It also removed ambiguities in the extant provisions to enhance clarity with respect to the procedure for state creation. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 8, 2017 (The Legislature) – This alteration seeks among other things to alter sections 4, 51, 67, 68, 93 and 109 of the Constitution to provide immunity for members of the legislature in respect of words spoken or written at plenary sessions or at Committee proceedings; institutionalize legislative bureaucracy in the Constitution like the Civil Service Commission in the executive and the Judicial Service Commission in the judiciary; and, obligate the President to attend a joint meeting of the National Assembly once a year to deliver a state of the nation address. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 9, 2017 (Political Parties and Electoral Matters) – This seeks to alter section 134 & 179 to provide sufficient time for INEC to conduct bye-elections; and section 225 to empower the Independent National Electoral Commission (INEC) to de-register political parties for non-fulfillment of certain conditions such as breach of registration requirements and failure to secure/win either a Presidential, Governorship, Local Government chairmanship or a seat in the National or State Assembly or a Councillorship. 10 Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 10, 2017 (Presidential Assent) – This seeks to alter sections 58, 59 and 100 to resolve the impasse where the President or Governor neglects to signify his/her assent to a bill from the National Assembly or withhold such assent. This is to enable timely passage of laws for good governance. 11 Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 11, 2017 (Timeframe for submitting the Names Ministerial or Commissioners Nominees) – This Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to set a timeframe within which the President or a Governor shall forward to the Senate or State House of Assembly names of nominees for confirmation as Ministers or Commissioners; provide for attachment of portfolio and thirty-five percent affirmative action for women.
12 Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 12, 2017 (Appointment of Minister from the FCT) – The Bill seeks to alter section 147 of the Constitution of the Federal Republic of Nigeria, 1999 to provide for the appointment of a Minister from the FCT, Abuja to ensure that the FCT is represented in the Executive Council of the Federation.
13 Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 13, 2017 (Change of Names of some Local Government Councils) – This Bill seeks to alter the Constitution to provide for change in the names of some Local Government Councils and the definition of the boundary of the FCT, Abuja.
14 Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 14, 2017 (Independent Candidature) – This seeks to alter sections 65, 106, 131, and 177 of the Constitution. This is aimed at expanding the political space and broadening the options for the electorate by allowing for independent candidacy in all elections. 15 Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 15, 2017 (The Police) – This Bill seeks to alter the Constitution in sections 34, 35, 39, 214, 215, 216 and the Third Schedule to change the name of the Police from “Nigeria Police Force” to “Nigeria Police” in order to reflect their core mandate.
16 Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 16, 2017 (Restriction of Tenure of the President and Governor) – This Bill seeks to restrict a person who was sworn-in as President or Governor to complete the term of the elected President from contesting for the same office for more than one term. 17 Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 17, 2017 (Separation of the Office of Accountant-General) – This Bill seeks to alter section 84 of the Constitution to establish the office of the Accountant-General of the Federal Government separate from office of the Accountant-General of the Federation. 18 Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 18, 2017 (Office of the Auditor-General) – This Bill seeks to make the office of the Auditor-General for the Federation and for the State financially independent by placing them on first-line charges in the Consolidated Revenue funds of the Federation and of the States.
19 Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 19, 2017 (Separation of the office of the Attorney-General of the Federation and of the State from the office of the Minister or Commissioner for Justice) – This Bill seeks to alter sections 150, 174, 195, 211, 318 and the Third Schedule to the Constitution to separate the office of the Minister or Commissioner for Justice from that of the Attorney-General of the Federation and of states so as to create an independent office of the Attorney-General of the Federation insulated from partisanship. It also seeks to redefine the role of the Attorney-General, provide a fixed tenure, provide the age and qualification for appointment and also for a more stringent process for the removal of the Attorney General.
20 Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 20, 2017 (Judiciary) – This bill contains a vast array of alterations with regards to the Judiciary such as the composition of the National Judicial Council, and empowering Justices of the Supreme Court and Court of Appeal to hear certain applications in chambers thereby enhancing the speedy dispensation of justice.
21 Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 21, 2017 (Determination of Pre-Election Matters) – This Bill seeks to among other things make provisions for timelines for the determination of pre-election disputes. 22 Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 22, 2017 (Civil Defence) – This Bill seeks to reflect the establishment and core functions of the Nigeria Security and Civil Defence Corps. It is a consequential amendment because of the inclusion of the national security and civil defence as an item in the Exclusive Legislative List under the Second Schedule to the Constitution. 23 Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 23, 2017 (Citizenship and Indigeneship) – This Bills seeks to alter section 25 of the Constitution to guarantee a married woman’s right to choosing either her indigeneship by birth or by marriage for the purposes of appointment or election.
24 Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 24, 2017 (Procedure for overriding Presidential veto in Constitutional Alteration) – This Bill seeks to among other things provide the procedure for passing a Constitution Alteration Bill where the President withholds assent.
25 Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 25, 2017 (Removal of certain Acts from the Constitution) – This Bill seeks to alter section 315 of the Constitution of the Federal Republic of Nigeria, 1999 to remove the law-making powers of the Executive Arm of Government and delete the National Youth Service Corps Decree, the Public Complaints Commission Act, the National Security Agencies Act and the Land Use Act from the Constitution, so that they can be subject to regular process of amendment.
26 Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 26, 2017 (Investments and Securities Tribunal) – This bill seeks to establish the Investments and Securities Tribunal under the Constitution.
27 Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 27, 2017 (Reduction of Age Qualification) – This Bill seeks to alter the Sections 65, 106, 131, 177 of the Constitution to reduce the age qualification for the offices of the President and Governor and membership of the Senate, House of Representatives, and the State Houses of Assembly. 28 Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 28, 2017 (Authorisation of Expenditure 1) – This Bill seeks to provide for the time within which the President or Governor shall lay the Appropriation Bill before the National Assembly or House of Assembly to encourage the early presentation and passage of Appropriation Bills.
29 Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 29, 2017 (Deletion of the NYSC Decree from the Constitution) – The Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to delete the National Youth Service Corps Decree from the Constitution so that it can be subject to the regular process of amendment.
30 Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 30, 2017 (Deletion of the Public Complaints Commission Act from the Constitution) – The Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to delete the Public Complaints Commission Act from the Constitution so that it can be subject to the regular process of amendment.
31 Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 31, 2017 (Deletion of the National Securities Act from the Constitution) – The Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to delete the National Securities Act from the Constitution so that it can be subject to the regular process of amendment.
32 Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 32, 2017 (Deletion of the Land Use Act from the Constitution) – The Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to delete the Land Use Act from the Constitution so that it can be subject to the regular process of amendment.
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