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Senate Recommendation.: Successors Can’t Vie For Dead President’s, Gov’s Offices - Politics - Nairaland

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Senate Recommendation.: Successors Can’t Vie For Dead President’s, Gov’s Offices by koruji(m): 3:28am On Jun 06, 2013
If you read everything there are some good recommendations in the proposed amendment.

However, the headline recommendation is like killing a housefly with a gun.

My simpler solution to the GEJ imbrogilio: If a VP serves out more than 1 year of a dead or impeached president he can only run for another single term, otherwise he is allowed to contest for two terms.

The real solution is to straighten out the system so that we minimize the chance of a president's death in office. The senate's recommendation seems to envision frequent deaths of presidents far into Nigeria's future !!!

My real recommendation is to do away with a single presidency for a joint, never-ending, presidency consisting of 6 or so geopolitical representatives.

[size=14pt][b]Under this presidency each region will serve as president for two years in a pre-determined turn. National elections for geo-political "presidents" take place every four years, but each one must be re-confirmed or replaced by a vote of the joint assembly of geo-political states every two years. Each of the geopolitical presidents will hold national security, policing and international diplomacy portfolios (two per portfolio), while ministers are appointed by the presidency/legislature to handle economic development and other non-security related portfolios. National level decisions would be taken jointly by the entire body through open (and frequent votes), with the current president allowed the final decision when there is a tie. The job of each portfolio "president" would mainly consist of implementing decisions and bringing issues requiring decisions to the body. I would also reduce our bicameral legislature to a unicameral one, with a size that is mid-way between the current Senate and House of Assembly.[/b][/size]

[url]http://www.tribune.com.ng/news2013/en/component/k2/item/13696-senate-constitution-amendment-recommendation-successors-can%E2%80%99t-vie-for-dead-president%E2%80%99s,-gov%E2%80%99s-offices-%E2%80%A2wants-lg-autonomy,-fiscal-federalism,-attorney-general-separated-from-minister-of-justice.html[/url]
SENATE CONSTITUTION AMENDMENT RECOMMENDATION: SUCCESSORS CAN’T VIE FOR DEAD PRESIDENT’S, GOV’S OFFICES •Wants LG autonomy, fiscal federalism, Attorney General separated from Minister of Justice
Written by Taiwo Adisa and Dapo Falade -Abuja Thursday, 06 June 2013 01:55 font size Print Email
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THE Senate Committee on Constitution Amendment, on Tuesday, presented details of the new amendment being sought to the 1999 Constitution, with a proposal barring a vice president or deputy governor from seeking election after completing the tenure of a deceased president or governor.
Chairman of Senate Committee on Constitution Review, Senator Ike Ekweremadu, who presented the details, said a vice president or deputy governor who completed the tenure of office of a president or governor who died in office would not be eligible to seek election to the office in future elections.
The proposals also sought amendments to Sections 136 and 181 of the constitution, to stop the successor to a president or governor who died in office from contesting election for the same office in any subsequent election.
Clause 11 of the report wanted Section 136 of the 1999 Constitution (as amended) to be substituted with a new Section 136 (2) to read: “Where a vice-president-elect or vice-president succeeds the president-elect or president, in accordance with Subsection (1) of this section, he shall not be eligible to contest for the office of the president in any subsequent election.”
Also, Clause 17 of the draft bill wanted Section 181 to be altered to read: “Where a deputy governor-elect or deputy governor succeeds the governor-elect or governor, in accordance with subsection (1) of this section, he shall not be eligible to contest for the office of the governor in any subsequent election.”
The Senate also sought to strengthen the legislative arm by ensuring that bills sent to the president for assent automatically became law after 30 days.
Other issues highlighted in the amendment report included devolution of powers to states, recognition of geopolitical zones, local governments autonomy, fiscal federalism, first line charge to state assemblies, separation of Office of Attorney General from Minister of Justice at both federal and state levels, and mayoral status for the Federal Capital Territory (FCT), among others.
The report also sought the abolition of joint state and local government accounts to guarantee local government autonomy.
Against the practice where state governments disbursed funds to the local goverment, the Senate also recommended direct payment to local governments from the Federation Account.
The Constitution Review Committee, headed by Ekweremadu, had 48 other senators as members.
Presenting the report before the Senate, Ekweremadu said the bill to further alter the provisions of the constitution was necessary, in view of the need to make the constitution workable within the prevailing circumstances.
He also said the objective of the bill was to remove contradictions and make the constitution more practical and relevant to the need of Nigerians in the 21st Century.
He said there was the need to make an elaborate provision in Section (9) of the Constitution, for a procedure to bring an entirely new constitution into being.
“This is predicated on the belief that the incremental approach to constitutional amendment may not be sustainable in the long run. The need may arise in the future for a whole new document,” he said.
In the same vein, Clauses six and eight were seeking to alter Sections 58 and 100 of the constitution to make a bill become law at the expiration of 30 days, if the president or governor, respectively, withheld assent.
Section 58 (5) states: “Where the president witholds his assent and the bill is again passed by each House by two-thirds majority, the bill shall become law and the assent of the President shall not be required.”
But the report wanted a new Section 58, subsection (5A) to read: “Where the president neither signifies that he assents or witholds assent, the bill shall, at the expiration of 30 days, become law.”
Clause Seven sought an alteration of Section 84 with a new subsection (5A) to read: “Any person who has held office as President or Deputy President of the Senate, Speaker or Deputy Speaker of the House of Representatives, shall be entitled to pension for life at a rate equivalent to the annual salary of the incumbent President or Deputy President of the Senate, Speaker or Deputy Speaker of the House of Representatives.”
This was againt the subsisting Section 84, which excluded the four principal officers of the National Assembly from among public office holders who shall be paid remuneration, salaries and allowances as may be prescribed by the National Assembly, but determined by the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC).
While the extant Section 150 gave an approval of the appointment of the Attorney-General of the Federation, who is also a Minister of the Federal Government, Clause 13 of the Senate Committee recommended an Attorney-General of the Federation, who “shall not be subject to the direction or control of any other authority or person in the performance of the functions of his office.”
Similarly, Clause 19 wanted a new Section 195 of the constitution to separate the Office of the Attorney General of the state from the office of the Commissioner for Justice.
Clause 14 also recommended direct payment to local governments from the Federation Account, while a new subsection (6A) of Section 162 stated that such payment “shall not apply to a local government without a democratically elected council; where elections have not been held for reasons of natural disaster, serious breach of peace and other emergencies.”
A proposed new Section 121 in the draft bill suggested the creation of first-line charge for certain bodies and offices at the state level.
“To engender accountability and efficient service delivery, a provision is made for state houses of Assembly, State Independent Electoral Commissions, Auditor-General of the State and the Attorney-General of a state to get their funding directly from the State Consolidated Revenue Fund,” Ekweremadu said.
The report was also seeking to bring certain matters that appeared on exclusive legislative list to concurrent lists and ensure that states could legislate on such items.
Such items include arbitration, aviation, health care, land and agriculture, railways, prisons, public complaints, road safety, stamp duties, wages, youth and environment.
Senate President, David Mark, who rounded off deliberations, said the Senate would commence debate on the report after its two-week recess which commences today.
He said all senators would be made to vote on each item, adding that voice vote would not apply.
Briefing newsmen on the report, Senate spokesman, Eyinnaya Abaribe, said it would be debated when the Senate resumed from its two-week break.
He said contrary to speculations, the Senate Committee on Constitution Review did a great job towards furthering the cause of democracy.
Emergency: Northern senators seek reversal of FG’s power on state funds
The Northern Senators Forum is seeking a reversal of the powers granted to the president on the use of state funds to prosecute the emergency rule.
The forum, which met in Abuja, on Wednesday, sought the concurrence of the Senate to the position taken by the House of Representatives on the use of state funds under emergency rule.
Sources close to the forum told the Nigerian Tribune on Wednesday that the senators had taken a position to push for a similar position taken by the House.
It was learnt that the senators expressed the fear that the states could be completely crippled if their funds were appropriated for the sake of emergency.
Re: Senate Recommendation.: Successors Can’t Vie For Dead President’s, Gov’s Offices by kunlekunle: 4:39am On Jun 06, 2013
since we run presidential system like us, why not a similar portion of their constitution to address the problem.
the same case scenario (yaradua's death) was resolved in the 50s.
Re: Senate Recommendation.: Successors Can’t Vie For Dead President’s, Gov’s Offices by koruji(m): 4:52am On Jun 06, 2013
Could you tell us more about this or point to a link?

kunlekunle: since we run presidential system like us, why not a similar portion of their constitution to address the problem.
the same case scenario (yaradua's death) was resolved in the 50s.
Re: Senate Recommendation.: Successors Can’t Vie For Dead President’s, Gov’s Offices by psalmizt(m): 4:59am On Jun 06, 2013
My question on this successor thingy is, what if the successor then refuses to assume the throne because he knows his chances of running 2 terms will be scuffled? He simply refuses and then they have to call a general election. Not sure that is a route that you will want to take 1year into a 4year term.
Re: Senate Recommendation.: Successors Can’t Vie For Dead President’s, Gov’s Offices by kunlekunle: 5:02am On Jun 06, 2013
Amendment XXII (Ratified February 27, 1951)

Section 1 No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President, when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.
Re: Senate Recommendation.: Successors Can’t Vie For Dead President’s, Gov’s Offices by koruji(m): 5:13am On Jun 06, 2013
Thanks. This is close to the solution I propose above.
Obviously, this is a much simpler problem to handle than our legislatures are making it.

kunlekunle: Amendment XXII (Ratified February 27, 1951)

Section 1 No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President, when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.
Re: Senate Recommendation.: Successors Can’t Vie For Dead President’s, Gov’s Offices by koruji(m): 5:14am On Jun 06, 2013
Yes, that is another complication they are not thinking about in making this recommendation.

psalmizt: My question on this successor thingy is, what if the successor then refuses to assume the throne because he knows his chances of running 2 terms will be scuffled? He simply refuses and then they have to call a general election. Not sure that is a route that you will want to take 1year into a 4year term.
Re: Senate Recommendation.: Successors Can’t Vie For Dead President’s, Gov’s Offices by kunlekunle: 5:19am On Jun 06, 2013
koruji: Thanks. This is close to the solution I propose above.
Obviously, this is a much simpler problem to handle than our legislatures are making it.



full interpretation

The Constitution of 1787 set no term limits on the President of the United States. However, George Washington—the
first president, and one who could have made himself president-for-life if he wanted to—voluntarily retired from
office after two terms, establishing an informal two-term limit that lasted for nearly 150 years.
Then Franklin D. Roosevelt got himself elected president four times in a row, serving from 1933 until he died in
office in 1945. Most Americans at the time loved Roosevelt and were happy to have him stay in the White House to
help guide the country through the difficult challenges of the Great Depression and World War II. After FDR was gone,
however, many people began to think that the two-term limit really had been a good thing; it didn't seem healthy for a
democracy to be led by the same individual for decades at a time. So the Twenty-second Amendment turned George Washington's
example into official constitutional law; today no president can serve more than two full terms. (A vice president who
serves out less than two years of his predecessor's term is allowed another two terms of his own, which means that it is
theoretically possible for one individual to serve a maximum of ten years in the White House; in more normal circumstances,
eight years is the max.)
Re: Senate Recommendation.: Successors Can’t Vie For Dead President’s, Gov’s Offices by musiwa26: 5:43am On Jun 06, 2013
ti won ba fi 6 zone si ilu constitution. a ma overthrown wo ni. to ba lo jo ko si ile pe lu iyawo wara wara to se gbogbo ma ba le.

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