• Friday, May 24, 2024
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1999 Constitution: Here are 68 proposed amendments to know

Constitutional interpretation: Supreme Court must salvage Nigeria’s democracy

The Nigerian ninth National Assembly will this week begin voting on the 68 amendments to the 1999 Constitution presently before both Chambers.

The amendment, which are products of the public hearings conducted between May and June, 2021, are as follow:

Abrogation of the State Joint Local Government Account

This seeks to among others provide for a Special Account into which shall be paid all allocations due to Local Government Councils from the Federation Account and from the Government of the State to engender their financial autonomy

Establishment of Local Government as a Tier of Government

The aim is to guarantee Local Government as a tier of government with democratic existence, tenure to remove it from the apron strings of State Governments.

Also related to Local Government are amendments to change the names of Afikpo North and Afikpo South, Egbado North and Egbado South, Barikin Ladi and to correct the name of Atigbo and Obia/Akpor Local Government Areas.

Financial Independence of State Legislature and Judiciary

This is to make State Houses of Assembly and the judiciary financially independent so as not to be under the control and interference of the executive.

Compliance with Legislative Summons

The proposal is to compel persons to obey or comply with legislative summons to provide answers to matters of public importance.

First Legislative Session

The amendment is aimed at regulating the first session and inauguration of Members-elect of the National and State Houses of Assembly.

Legislative Bureaucracy

This is to institutionalise Legislative Bureaucracy-management and staff of National and State Houses of Assembly in the Constitution.

Constitution Alteration Bill

It is to provide for the procedure for passing a Constitution Alteration Bill where the President withhold Assent.

Overriding Executive Veto in Money Bill

This is to provide a procedure for overriding Executive Veto in respect of Money Bill (appropriation) so as to make law.

Placing VAT on Exclusive List

The proposed amendment seeks to include Value Added Tax (VAT) on the Exclusive Legislative List. It will make the collection of VAT an exclusive reserve of the Federal Government.

Removal Legislative Presiding Officers

The amendment seeks to provide for the procedure of removing the President of the Senate, Speakers of the House of Representatives and State Houses of Assembly.

Pension for NASS Presiding Officers

The proposal is to provide pension for Presiding Officers of the National Assembly; President of the Senate and Speakers of the House of Representatives and their Deputies.

Revenue Courts

This amendment seeks the establishment of the Federal Revenue Court and the Revenue Court of a States.

Strengthening the Judiciary

The proposal is to further strengthen the Judiciary for timely dispensation of Justice.

Timeline for Civil and Criminal Cases

The amendment seeks to set timelines within which Civil and Criminal Cases are heard and determined at Trial and Appellate Courts in order to eliminate unnecessary delay in justice administration.

Related to the Judiciary are amendments to:

Ensure Uniformity in the Retirement Age and pension Rights of Judicial Officers of Superior Courts of Records Delete the Reference to the Provisions of the Criminal Code, Penal Code, Criminal Procedure Act, Criminal Procedure Code or Evidence Act.

Exclude the Period of Intervening Events in the Computation of Time for Determining Pre-election Petitions, Election Petitions and Appeals there from.

Allow Court or Tribunal proceedings to be conducted remotely, virtually, online or through any media platform or technological innovation.

Expand interpretation of Judicial Office to include Courts or Tribunals created by an Act of the National Assembly or a State House of Assembly.

Provide for the Post Call Qualification of the Secretary of the National Judicial Council.

Impose the requirement of fair hearing in the process of recommendation of removal of Judicial Officers by the State Judicial Service Commission.

Include Judges of the National Industrial Court in the Composition of Election Tribunal.

Read also: Reps to vote on constitution amendment next Wednesday, Thursday

The other amendments are:

Permission to Public Servants to engage in healthcare education, production and services beyond farming.

Moving Airports from Exclusive Legislative List to the Concurrent Legislative List.

Moving fingerprints, identification and criminal records from the Exclusive Legislative List to the Concurrent Legislative List.

Deleting prisons in the Exclusive Legislative List and Redesignating it as Correctional Services in the Concurrent Legislative List.

Moving Railway from the Exclusive Legislative List to Concurrent Legislative List.

Allowing States to generate, transmit and distribute electricity in areas covered by the National Grid.

Provision of Special (additional) Seats for Women in the National and State Houses of Assembly.

Provision for Affirmative Action for Women in Political Party Administration.

Providing Reserved Quota for Women in appointments and recruitment.

Expansion of the Scope of Citizenship by registration and for related matters.

Provision of the Criteria for Qualification to become an Indigene of a State in Nigeria.

Empowering the Revenue Mobilisation Allocation and Fiscal Commission to enforce compliance with remittance of accruals into and disbursement of revenue from the Federation Account and streamline the procedure for reviewing the current revenue allocation formula.

Enhancing the Independence of Certain Bodies.

Removal of transitional lawmaking powers from the Executive Arms of Government.

Expanding immunity to the Legislative and Judicial Arms of Government.

Specification of the time within which the Executive shall present to the National Assembly any Treaty between the Federation and any other Country for Enactment.

Specification of the period within which the President or the Governor of State shall present the Appropriation Bill (budget) before the National Assembly or House of Assembly.

Requirement for the President or Governors to submit the names of Persons nominated as Ministers or Commissioners within thirty days of taking the Oath of Office for confirmation by the Senate or State.

Inclusion of Presiding Officers of the National Assembly in the Membership of the National Security Council.

Establishment of the State Security Council.

Empowering the National Assembly and State Houses of Assembly with powers to summon the President of the Federal Republic of Nigeria and Governors of States.

Reducing the period for the President or the Governor of a State may authorise the withdrawal of Monies from the Consolidated Revenue Fund in the absence of an Appropriations Act from six months to three months.

Replacement of the Consolidated Revenue Fund of the Federation with the Consolidated Revenue Fund of the Federal Government.

Separating Office of the Accountant General of the Federal Government from the Office of the Accountant General of the Federation.

Separating Office of the Attorney General of the Federation and of the State from the Office of the Minister of Justice or Commissioners for Justice of the state in order to make them independent and insulated from partisanship.

Specifying the timeframe for the Conduct of Population Census.

Provision for a State of the Nation and State of the State Address by the President and Governor.

Inclusion of Former Heads of the National Assembly in the Council of State.

Provision for the termination of tenure of certain elected officials on account of a change of political Party.

Enhancement of existing Provisions on the formation of Political Parties.

Provision for Independent Candidacy in elections.

Provision for Diaspora Voting Provision for the Office of the Mayor for the Federal Capital Territory Administration Abuja.

Appointment of a Minister from the FCT.

Correction of the error in the definition of FCT boundary.

Making Free, Compulsory and Basic Education a Fundamental Right of all Citizens.

Defining Acts that constitute torture, inhuman or degrading treatment.

Requiring the Government to direct policy towards ensuring rights to Food and Food Security in Nigeria.

Reflecting the establishment and core Functions of the Nigerian Security and Civil Defence Corps.

Establishing the Councils of Traditional Rulers to advise the President and Governors on matters related to customs.