From 2011, president, govs must be graduates *As Senate, Reps amend 1999 Constitution *Differ on cross-carpeting

Written by Idowu Samuel, Taiwo Adisa and Ayodele Adesanmi, Abuja
Friday, March 26, 2010

THE Senate and the House of Representatives, on Thursday, respectively endorsed the Constitution Amendment Report by the (House) Committee on Constitution Review and passed into law, the electoral reform aspect of the constitution amendment bill.



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While there were points of convergence in the Thursday resolutions of the two chambers, there were equally points of differences.

As an instance, the two chambers differed on the issue of cross-carpeting. While the House outlawed it, the Senate endorsed it.

The report on constitution amendment presented to the plenary session by the Deputy Speaker, Honourable Usman Nafada, outlawed defection by political office holders, while allowing independent candidacy.

According to the amendments, the Independent National Electoral Commission (INEC), National Assembly and state Houses of Assembly had been granted financial autonomy, as they would now be paid directly from the Consolidated Revenue Fund of the federation and states.

The approved report also indicated that to become president, vice-president, governor, deputy governor and member of the National Assembly, candidates must possess a degree from a recognised tertiary institution, just as it also indicated that a member of the National Assembly who had served before could contest, even without being a graduate.

An executive summary of the report, which was made available to the Nigerian Tribune, indicated that sections 65, 106, 131 and 171 of the 1999 Constitution was amended to accommodate independent candidacy.

Also, sections 68, 109, 135 and 180 of the constitution was amended to deal with defection, thus making a defector to automatically lose his seat.

According to the amended sections, where a person elected on the ticket of a political party decided to join another political party without evidence of a merger or factions in his former political party, he would vacate his seat.

The amended portion of the constitution also specified that where a person who was elected as an independent candidate became a member of a political party before the expiration of the period of his tenure of office, he would vacate his seat.

Any political office holder who was expelled by his political party, according to the amendment, would retain his seat only if he refrained from joining another political party when his tenure was still on.

Sections 81 and 121 so amended made provisions for inclusion of INEC, National Assembly and state Houses of Assembly for payment in the consolidated revenue fund of the federation and the states.

According to the proposed amendment, section 65, 131 and 177 had been altered to encourage a certain level of academic qualification among contestants into the office of president, vice-president, governors, deputy governors and member of National Assembly, such that contestants for the offices would need to possess a minimum of tertiary institution level or its equivalent, while obtaining relevant certificates of service as a member of the National Assembly for a complete tenure.

Sections 145 and 190 dealt with the periods of election in which a maximum of 60 days to a minimum of 30 days were required before the expiration of the term of office of the last holder of the office to a minimum of 120 days and a maximum of 150 days before the expiration of the term of office of the last holder of that office.

The report also recommended relevant sections of the Nigeria's electoral law to accommodate the alterations and adjustments made in the 1999 Constitution.

Also, on Thursday, the Senate passed the electoral reform aspect of the constitution amendment bill into law, with the approval for a change in the time for holding general election which could see the next election holding between January and March 2011.

The senators had voted in favour of the amendment of all the clauses of the electoral reform bill on Wednesday, but they deferred the passage of the bill for the third and final reading because of the discovery of the omission of Section 109 and errors on other aspects of the bill.

The Senate thus directed that the errors be corrected and the bill represented for final passage on Thursday.

The bill passed by the Senate indicated that general election would hold, not earlier than 150 days before the expiration of the term of office of the office holder and not later than 90 days before the expiration of the tenure.

Another feature of the bill is the approval of the nominees for resident electoral commissioners (RECs) by the Senate, which were, before now, appointed by the president.

The senators, also on Thursday, approved the missing Section 109 of the constitution to pave the way for cross carpeting by members of the Houses of Assembly.

It was also approved that anyone who would seek elective office must be a university graduate or its equivalent, besides that he must be a citizen of Nigeria by birth, attained the age of 40 years and sponsored by a political party of which he is a member.

The amendments also provided time frames for the disposal of election petitions before the swearing in a and general conduct of elections.

I dont think this policy makes sense at all.

That wont be a major obastacle.

Honourary degree's a easily purchased/distributed in Naija.

Knowledge is not earn from the wall of the classrooms.
I think it is a good thing in the right direction . . . . .How i wish they could make sure all the godfather in politics are all graduates too, and not some graduates of religions

are there some governors who are not graduates?

well i'd rather an educated person represent me than an illiterate. As i see it, jonathan is following due process by letting his appointees be confirmed by the senate rather than imposing. He has also put the senate in the position to make progressive changes, and this is a welcome thing. I am sure a lot of politicians have bought degrees to be where they are. With time, they will all be shamed out of office. Now it is the LAW and compulsory. The politicians and their opponents will soon start to expose the criminals amongst them. . Am very impressed by this, and the other changes as well. Its time for CHANGE!!!

Selfish amendments all the way, why should senate want a senator to retain his seat on defection and y does house members want them to lose their seat on defection. It is all selfish, if a senator decamps a member of house can challenge for the vacant seat but who will a senator be waiting for to decamp.


All political office holders in d countries and political apointees @ d federal and state levels should have a degree as their least qualification.

Is there anyone of them who does not claim university/polytech education? Even Fayose, Akala and Orji Kalu (not to talk of the myriad of northern governors) are ''graduates''. Make I hear word, biko!

@ Marvix,

Any political office holder who was expelled by his political party, according to the amendment, would retain his seat only if he refrained from joining another political party when his tenure was still on.

- i dont see where it speculates senators are excluded.

well politicians will have to think about their values and how it relates to the political parties they choose to be associated with. They will realize it is a commitment; no space for nonsense jumping up and down when things don't go their way. The only selfish thing is see there is that these laws apply to the fresh people coming in as:

just as it also indicated that a member of the National Assembly who had served before could contest, even without being a graduate.

At least becomerich cant be a politician. yay!!!

Are there governors who are not graduates? Are there senators and reps who are not graduates?

Posted by: 9jaganja

Are there governors who are not graduates? Are there senators and reps who are not graduates?

Erm, yea. very ashamed to say so. Am sure most of them bought their certificates. Now that the senators do confirmation hearings and have signed this requirement into law, i see a lot of people being exposed in the future. The illiterates are rubbing off the literates, that is why you see Nigerian politicians behaving like educated illiterates.

there is no extent nigerians will not go to in order to celebrate ignorance.what does this really mean?a colonized mentality?do you need to enshrine this in the constitution?does Western education mean you will be a good leader?most leaders will be graduates anyway.even in the UK,it is not a law.yet,most of their leaders attended oxbridge.Is Gani Adams not better than most graduates at running a group(militant or not)?degrees are Western certification-pure and simple!i know it(a degree)makes you a better person but not always.we are obsessed with western education and certificates but there is no indication it has helped us.you keep producing mechanical engineers wo can not make pins.retarded people.

ps:
before you shout on me,please note:i have many of these certificates.