• Labour, railway, correctional service, airport, others moved to concurrent list

• Stiffens requirements for political parties formation

• Seeks diaspora voting, mayoralty status for FCT

• It’s a way of meeting restructuring demand – Lawyers, CSOs

By Abdullateef Salau, Balarabe Alkassim, Abbas Jimoh & John Chuks Azu



The joint Senate and House of Representatives Committee on Review of the 1999 Constitution has recommended over 50 amendments to the country’s main law book.

The current review exercise would be the fifth alteration to the Nigerian constitution. While some amendments were successful, several others suffered serial failure.

The joint National Assembly panel, eight months after holding a zonal public hearing to collect inputs from Nigerians on the document, held a retreat last week, where members considered the proposed amendments clause by clause.

The lawmakers recommended amendments to the constitution to provide for independent candidacy, diaspora voting, mayoralty status for the Federal Capital Territory (FCT) and power devolution.

They also approved amendments to preserve elections of candidates to the office of president or governor, whose deputies have been found to have deficiencies in their qualifications.

Others are restriction on formation of political parties, timeframe for submission of ministerial nominees, separation of the Office of the Minister of Justice from that of the Attorney-General of the Federation, among others.

Lawyers and civic groups expressed mixed feelings on the proposed amendments. They said while some were long overdue and a way of meeting demands for restructuring, others may harm Nigerians, especially the working class.

Deputy Senate President Ovie Omo-Agege, who co-chairs the review panel, assured that the report would be presented to both chambers for consideration at the end of this month.

For the amendments to sail through, they have to be approved by the two chambers of the National Assembly and not less than two-thirds of the 36 state assemblies.

The panel recommended an amendment to section 142 of the Principal Act. It states that where a candidate has been elected to the office of the president or governor and his running mate has been found by a competent court or tribunal not to possess the requisite qualification for that office as required, his election shall not be voided because of such defect.

It, however, stated that such a candidate shall nominate another person as his deputy from the same political party that sponsored him.

If this amendment is passed, it would put an end to the Bayelsa scenario, where David Lyon of the All Progressives Congress (APC), who was declared winner of the state’s 2019 governorship election but had his election invalidated on account that his running mate, Degi Eremienyo Wangagra, who submitted a fake certificate to the Independent National Electoral Commission (INEC).

The joint committee also recommended an amendment to section 177 to allow eligible Nigerians within and outside the country to vote during legislative elections.

The current system only allows Nigerians who have attained the age of 18 and residing in the country to vote.

The proposed alteration seeks to allow eligible citizens to vote in Nigerian legislative elections, who have lived in Nigeria for at least five years from a minimum age of 10 years and as legal residents in any country where the person seeks to vote, for at least 12 months.

It stated that guidelines for diaspora voting will be issued by the INEC.

The committee approved alteration to section 222 of the constitution to enhance existing provisions on the formation of political parties to ensure viability and sustainability.

The proposed alteration states that, in addition to having a headquarters in the FCT, a political party should have verifiable, equipped and staffed offices in at least two-thirds of all the states of the federation; the names and addresses of its national officers; and members shall be registered with the INEC and the list of such members shall be accompanied with an affidavit of non-membership of an existing political party.

Another recommendation is empowering federal and state lawmakers to summon the president and governors respectively to brief them on security issues.

The lawmakers also recommended the creation of the office of a mayor of the Federal Capital Territory.

The proposed section 303 states, “There shall be for the Federal Capital Territory, Abuja, a mayor who shall be chief executive of the FCT Administration.”

To qualify for election as mayor, a person shall be a citizen of Nigeria by birth, has attained the age of 35 years, is a member of a political party and sponsored by that party, or is an independent candidate and has been educated up to at least school certificate level.

There is also a recommendation to appoint a minister from the FCT.

In section 147, the president is mandated to appoint at least one minister from each state, who shall be an indigene of such state.

In appointing a minister from the FCT, the proposed amendment stated that the person shall be a resident and registered voter in the territory.

The lawmakers also recommended the insertion of a new section 147(7) to mandate the president to nominate ministers for Senate confirmation within 30 days after taking the oath of office.

The submission of names of the ministerial nominees to the Senate for confirmation shall be accompanied by the assigned portfolio of each nominee.

They also recommended that not less than 10 per cent of persons appointed as ministers shall be women.

The same provisions apply to the state governors regarding the appointment of commissioners.

On devolution of power, the lawmakers recommended the transfer of some items from the exclusive legislative list to the concurrent list. This means that both federal and state assemblies can make laws on them.

The items are airports, correctional services, including the establishment of custodial facilities, geological surveys, railways, public holidays, fingerprints, identification and criminal records, insurance and labour, including trade unions, safety and welfare of labour, industrial relations, disputes and arbitration.


Lawyers, CSOs react

Lawyers and civil society groups have hailed the proposed amendments to the Nigerian constitution, saying they were long overdue in a country with compatriots across the world.

They, however, expressed reservations on others, saying that passing and signing them into law may preserve or mar the institutions of government.

A lawyer, Nnamdi Ahaaiwe, said if the amendments scaled through, the Nigerian constitution would be like those of other countries, where major items are concentrated on the concurrent list instead of the exclusive list.

On policing, he said it was wrong that farmland fights would be reported to the office of the Inspector-General of Police, whereas in other countries, policing is decentralised to the lowest level.

A member of the Centre for Socio-Legal Studies (CSLS), Kelvin Mejulu, said the amendments were a welcome development.

“It is difficult for the federal government to perform because it is taking so many responsibilities for so many things than the states. It is even doing what local governments should do,” he said.

The director, Centre for Democracy and Development (CDD), Idayat Hassan, also said one of the positives in the proposed constitutional amendment was the provision for diaspora voting.

“This is long overdue, especially when we look at diaspora remittances, which constitute a huge part of the country’s gross domestic product,” she said.

She also said stifling the registration of political parties was a positive proposal, but it would depend on the side of the players.

“This is more so that the electoral act has made provisions for it and that the Supreme Court has ruled on it,” she said.

She described the move to give the FCT a mayoral status as a good development, which would give the country’s capital what any international city would look like.

She, however, said moving labour to the concurrent list would be negative for Nigerian workers, especially on the minimum wage issue.

Speaking on disqualification of candidate’s election with questionable certificates, the executive director, Centre LSD, Mr Monday Osasah, said, “In the past, we have had pockets of disqualification of elected candidates due to defect in running mate qualification.

“I think the ideal thing is to uphold the people’s mandate and allow the party source for an alternative running mate,” he said.

He argued that stiffening requirements for political party formation would mean that those who have no interest in other big parties due to differences in ideology would be either constrained to participate or disenfranchised from participating.

He also said thta diaspora voting had become imminent in Nigeria.

“According to reports, the remittances of people in the diaspora constitute 6.1 per cent to the gross domestic product of Nigeria’s economy, which should not be taken for granted; hence the need to make provision for their participation in elections in Nigeria,” Osasah said.

https://dailytrust.com/constitution-review-7-controversial-clauses-as-nass-panel-finalises-report

I read everything and they are all wonderful provisions.

First, I support stifling of political parties registration process please. Just like I support the deregistration of a thousand of churches especially those started by disgruntled pastors from bigger churches.

A situation where one idiot goes to rent a container in Abuja as party office and asks INEC to register his party relying on whatever stupid Supreme Court judgment is stupid.

They end up wasting everybody’s time at the elections with stupid presidential candidates whose village people don’t even know. If you must contest for the presidency, go and win House of Rep, Senate or even governorship seat first. Show what you can at the regional level and let that be your pedigree giving the presidency a shot.

It is the reason people like Tinubu, Fashola, Peter Obi, Umahi, Umaru Zulum, etc, will always have edge over any other candidates in any presidential contest because we have seen them deliver at regional levels.

Again, Independent candidacy is another masterstroke. Political parties would learn not to toil with popular and capable candidates anymore while going for a buffoon because they think he will play ball.

Allowing states to decide on airports and railways, is another great provision. So that states will stop going to Abuja to beg for approval to build airports like Obiano and Umahi did just to build airport.

Mayoralty status for FCT is wonderful except that they still left the qualification at SSCE when we are clamoring for graduate certificate to be the minimum qualification for political office.

Another thing not so good is Labour going to concurrent list. We have seen how wicked some governors can be. But I trust Labour to make a lot of noise until Labour is removed from concurrent list.

When all is said and done, we will now go to God in prayers that Buhari will assent to it when finally legislated and passed by both National and state legislators.

Nigeria is getting there!

Meanwhile, Igbo Presidency 2023.

K

We don't need Constitution review we need a good leader.

.

that money wey dem dey display for that forum them go pay us or na just for fun

Dollaman0263: I just joined the Up. .Ghana forum and already addicted to it

Scrap the 1999 constitution and have a national sovereign conference to create a new constitution. All these amendments here and there will not solve anything. If you missed your way, the only solution is to reverse and start on the right way, not seeking ways out of a maze. It will not work.

Bhov

Penguin2:
Meanwhile, Igbo Presidency 2023.

Wake up brother!
Under which party? ADC or APGA

Eweeeeeey!

Oh well

By the way, I'm available for your writing and design jobs, see my signature below, thanks

Nigeria is not yet fit for diaspora voting.

People who are enjoying the good life and good welfare in diaspora will be quick to vote for an incompetent person that will continue damaging the country while they will stay back in diaspora enjoying and taking pictures and rubbing it on the faces of the poor Nigerians who they voted calamity upon.

Constitution or not, everyone knows what is right and what's wrong.
They only see the Constitution as a tool for play game.

Dishonest leaders Beating about the bush.
Instead of them to restructure the country and start true federalism. Every state should control and harness its resources and grow at its own pace.
The Islamic north want to suppress the south and continue to have access to south resources with threat of violence

Good but why they can't constitute new Constitution for this country because our leaders have different ideology and vision

For who are you reviewing the constitution made by northern politicians and supervised by northern military dictators?

Nigeria wants a new Constitution drawn by Nigerians who shall also vote on a plebiscite for the Constitution.

Penguin2:
I read everything and they are all wonderful provisions.

First, I support stifling of political parties registration process please. Just like I support the deregistration of a thousand of churches especially those started by disgruntled pastors from bigger churches.

A situation where one idiot goes to rent a container in Abuja as party office and asks INEC to register his party relying on whatever stupid Supreme Court judgment is stupid.

They end up wasting everybody’s time at the elections with stupid presidential candidates whose village people don’t even know. If you must contest for the presidency, go and win House of Rep, Senate or even governorship seat first. Show what you can at the regional level and let that be your pedigree giving the presidency a shot.

It is the reason people like Tinubu, Fashola, Peter Obi, Umahi, Umaru Zulum, etc, will always have edge over any other candidates in any presidential contest because we have seen them deliver at regional levels.

Again, Independent candidacy is another masterstroke. Political parties would learn not to toil with popular and capable candidates anymore while going for a buffoon because they think he will play ball.

Allowing states to decide on airports and railways, is another great provision. So that states will stop going to Abuja to beg for approval to build airports like Obiano and Umahi did just to build airport.

Mayoralty status for FCT is wonderful except that they still left the qualification at SSCE when we are clamoring for graduate certificate to be the minimum qualification for political office.

Another thing not so good is Labour going to concurrent list. We have seen how wicked some governors can be. But I trust Labour to make a lot of noise until Labour is removed from concurrent list.

When all is said and done, we will now go to God in prayers that Buhari will assent to it when finally legislated and passed by both National and state legislators.

Nigeria is getting there!

Meanwhile, Igbo Presidency 2023.

But Donald Trump was never a councillor before becoming POTUS

Aguogba:

But Donald Trump was never a councillor before becoming POTUS

But he was already a billionaire with record of achievements.

How many of the over 70 idiots that called themselves presidential candidates in 2019 can you point to what they have achieved both in their private life and public service?

Is their any of them you can compare to Donal Trump?

Validated:
Scrap the 1999 constitution and have a national sovereign conference to create a new constitution. All these amendments here and there will not solve anything. If you missed your way, the only solution is to reverse and start on the right way, not seeking ways out of a maze. It will not work.

Sometimes ona no dey reason before ona dey talk

Apga off course. It's the party of igbos, by igbos and for igbos.

Moferere:


Wake up brother!
Under which party? ADC or APGA

THIS AMENDMENT IS A POLITICAL NONSENSE.

WE SAY SCRAP THE EXCLUSIVE LIST OF THE 1999 CONSTITUTION. IT'S A MILITARY ABERRATION.

IN ITS PLACE, RESTORE FULL AUTONOMY OF POLICING, RESOURCING AND ELECTIONEERING CONTROL OF OUR 36 CONSTITUTIONAL STATES TO THEM.

LET EACH STATE CONSTITUTE AN SPSC-STATE POLICY SERVICE COUNCIL, MADE UP OF TWO-THREE TRADITIONAL RULERS FROM EACH OF THE STATE LOCAL GOVERNMENTS. SPSC WILL RUN THEIR STATE GOVERNMENTS WITH THEIR GOVERNORS.

SPSC SHALL SHARE THEMSELVES INTO THREE COMMISSIONS.
SPC-STATE POLICING COMMISSION.
SRC-STATE RESOURCING COMMISSION AND
SRC-STATE ELECTIONEERING COMMISSION. FOR SPECIALIZED PERFORMANCE..

EACH FULLY AUTONOMOUS STATE SHALL CONSTITUTE 10% OF HER PRECEDING YEAR ANNUAL REVENUE EARNINGS TO THE FEDERATION ACCOUNT TO RUN THE RESPONSIBILITIES OF FOREIGN AFFAIRS , MILITARY, ON EQUALITY OF STATES BASIS, AND ENDORSING TREATIES.

THIS IS THE MINIMUM OVERHAUL OF THE 1999 CONSTITUTION REQUIRED NOW TO GET GOING.

WORTH MENTIONING , WHO SAYS BMF-BOKOISWA IS NOT A TERRORIST AND A SABOTEUR? THEY'RE ALL IN THE NASS , THE EXECUTIVE AND THE JUDICIARY.

FULANI HERDSMEN ARE TERRORISTS AND BUHARI IS BEHIND THEM-BY CHRISTIANE AMANPOUR-CNN.

BMF-BOKOISWA HAVE TAKEN CRAFTY COUNSEL AGAINST NIGERIA. THEY HAVE VOWED TO CUT OFF THE SOUTH OF NIGERIA FROM BEING NATIONS. THAT THE TRIBES OF YORUBA, IGBOS TIVS IBIBIOS ETCETERA MAYBE NO MORE IN REMEMBRANCE. THEY HAVE CONSULTED WITH THEMSELVES AND WITH ONE CONSENT , THAT THEY'RE FULANI CONFEDERATE.

WE WILL NOT LET THEM. LET THEM BE CONFOUNDED AND TROUBLED FOR EVER.

LET THEM BE PUT TO SHAME AND PERISH.

CC: NASS, STATE ASSEMBLIES, Osinbajo, OBASANJO, GOWON, IBB, AA AKEREDOLU, AFENIFERE, OHANAEZE, PANDEF, MIDDLE BELT GROUP, AREWA, NAIRALAND MODS, AKINTOYE, AYO BANJO, FALAE AND IPOB.

ABOVE FOR YOUR INFORMATION PLEASE.

FROM ORISAORUNTO AND ORUNTO27.

BleedTears:
Nigeria is not yet fit for diaspora voting.

People who are enjoying the good life and good welfare in diaspora will be quick to vote for an incompetent person that will continue damaging the country while they will stay back in diaspora enjoying and taking pictures and rubbing it on the faces of the poor Nigerians who they voted calamity upon.

I doubt if the people in the diaspora world would have voted for Buhari, maybe in the first term , but definitely not in the second term

You cannot review a criminal rotten constitution. It should be scrapped and re-written.
Adopting Abacha's 1995 draft constitution drawn up through a national conference would still be 1000 times better than this reviewed criminal 1999 constitution which was imposed on us.

There was not a credible alternative to Buhari in 2019

tnerro1:


I doubt if the people in the diaspora world would have voted for Buhari, maybe in the first term , but definitely not in the second term