• Tuesday, April 23, 2024
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Judiciary gains independence, as Buhari assents to 16 amendments

Buhari asks Reps to approve $800m social safety loan  …as house adjourns plenary

President Muhammadu Buhari on Friday assented to a total of 16 Constitution Amendment Bills, including the Judiciary autonomy bill, guaranteeing long-expected financial autonomy to the judiciary and State Houses of Assembly, under the Constitution.

The amendments were announced on Friday, shortly before the President departed for Daura, in Katsina, his home state, to enable him to cast his vote during the Saturday, March 18 Governorship and State Houses of Assembly elections

Recall that the State Governors had resisted financial autonomy for the two groups, following the existence of the State and Local government Joint Account system.

Tolu Ogunlusi, special assistant to President Muhammadu Buhari on Digital and New Media, stated this on his Twitter handle @toluogunlusi, on Friday

Under the new amendments to the Constitution, the Judiciary and State Houses of Assembly will now enjoy financial autonomy as first line charge on revenue allocated to the state government, at the subnational levels

“The Constitution amendment bill originally passed by NASS included one for FINANCIAL AUTONOMY for LOCAL GOVERNMENTS, replacing the controversial “State Joint Local Government Account” w its a new “Local Govt Council Allocation Account”—to be credited directly. Not enough State Assemblies concurred, sadly.

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Aside from the Judiciary which now enjoys constitutionally-guaranteed financial independence, the new amendments have also moved the Railways from Exclusive Legislative List to the Concurrent List, allowing subnational governments to invest in the development of rail services in their states.

Another landmark change: By virtue of the Presidential Assent, Nigerian States can now generate, transmit and distribute electricity in areas covered by the national grid, a situation that was not allowed, before the amendment.

“This is genuine, realistic Restructuring — through the Constitution.

“Prisons” – now known as “Correctional Services” – have also now moved from the Exclusive Legislative List to the Concurrent List. Meaning that States now have the power to establish Correctional and Custodial facilities, and State Assemblies have the power to legislate on such.

One of the new Amendments to the Constitution mandates the President and Governors “to submit the names of persons nominated as Ministers or Commissioners within sixty days of taking the oath of office for confirmation by the Senate or State House of Assembly…”

A couple of the Constitution Amendment Bills relate to the change of name of some Local Governments.

Recall that names of local government areas (LGAs), are listed in the Constitution, which makes it impossible to alter their names or create new ones without a Constitution Amendment process.

With the new amendment however, in Ogun State, Egbado North and Egbado South Local Government Areas are now to be known and addressed as Yewa North and Yewa South respectively.

Similarly in Ebonyi, Afikpo North and Afikpo South LGAs are now to be known as Afikpo and Edda LGAs respectively.

“With Railways moving from Exclusive to Concurrent, it means Rail is no longer the exclusive preserve of Federal Govt/NASS. States will now be able to make laws regulating the establishment & operation of rail services WITHIN their territory. Inter-State Rail will remain FGN’s responsibility.”