The process of the amendment of the 1999 Constitution of the Federal Republic of Nigeria by the ninth National Assembly appears to have taken off on a promising note as the Senate Committee on Constitution Review, chaired by Ovie Omo-Agege, deputy Senate president, announced that it would hold a zonal public hearing on May 26 – 27, 2021.
The public hearing affords Nigerians the opportunity to air their views on what constitutional provisions they want, and to speak up on the need for a “citizen’s constitution”.
Over the years, many Nigerians have shown indifference and total apathy towards public hearings and other programmes that need citizens’ participation, only to regret later.
This is also the problem plaguing the electoral process in Nigeria, where many eligible voters refuse to make use of their voting rights to make a better choice at polling booths.
Enough-is-Enough Nigeria, a non-governmental organisation, promoting good governance and public accountability in Nigeria through active citizenship, said in a newsletter, that this time around, it was incumbent on Nigerian citizens to raise their voices to avoid had-I-known in the future.
“Is amending the Constitution enough? Others are advocating for a new Citizens’ Constitution. What do you think? We encourage you to engage at the public hearings and speak up on what constitutional provisions you want if you think an amendment is sufficient. It’s your right to exercise it judiciously,” it said.
Several attempts had been made on by successive sessions of the National Assembly to amend or review the 1999 Constitution.
Apart from the exercise, which climaxed with the signing into law of the 2010 amendment in January 2011 by former President Goodluck Jonathan, no other attempt has been successful despite spending billions of naira on the exercises.
There was also another constitutional amendment within the lifetime of President Jonathan, a Bill for which he declined assent after passage by the National Assembly for several reasons.
Some of the reasons included what he described as the usurpation of his Executive powers, limiting expenditure in default of appropriation from six months to three, and imposition of the right to free basic education and primary and maternal care services on private institutions.
Jonathan’s refusal was also hinged on the federal lawmakers’ failure to comply with the stipulation of Section 9(3) of the Constitution, which prescribes that for any constitution amendment to be considered successful, it shall receive the votes of not less than four-fifths majority of all members of each House, and also approved by resolution of the Houses of Assembly of not less than two-thirds of all the states.
The eighth Assembly too, had embarked on review of the constitution, which placed the amendment of the Electoral Act on front burner as well as repositioning of the local government system, devolution of more powers to the states, and reform in the judicial system. That exercise too did not see the light of day.
Recall that President Muhammadu Buhari has withheld assent to the passed Electoral Act presented by the eighth Assembly, saying it was presented very late, and very close to the last general election.
Like a ritual, the ninthAssembly too is taking this part as the Senate president, Ahmad Lawan, had inaugurated a constitution review committee with Deputy President of the Senate, Omo-Agege as chairman, while the Speaker of the House of Representatives, Femi Gbajabiamila equally inaugurated a similar Committee headed by his Deputy, Ahmed Idris-Wase.
Also like their colleagues in previous Assemblies who held town hall meetings, retreats and conferences, the present Assembly, particularly the Senate, will in two weeks’ time hold public hearings at two centres (venues) in each of the six geopolitical zones.
At each of the centres, government functionaries, civil society/interest groups, professional bodies and other interested persons would be meeting with the lawmakers to make presentations or inputs into the necessary amendments to the constitution.
As it is done at public hearings for any proposed law, those appearing will endorse, reject or add to the proposals for the amendment of the constitution already put in place by the legislature.
So far, the Senate committee has itemised thematic areas or issues which the public hearing would focus on.
These include, gender equity/increased participation of women and vulnerable groups in governance, the Federal structure in governance and power devolution, Local Government Administration/Local Government autonomy and Public Revenue, Fiscal Federalism and Revenue Allocation.
Others are, constitutional provision for the establishment of State Police, Judicial reform -adjudication of election and pre-election matters and other justice delivery concerns, electoral reforms that will make INEC deliver transparent, credible, free and fair elections, political parties, independent candidature and election management
Socio-economic rights as contained in Chapter 11 of the Constitution, residency and indigeneship as well as immunity- removal of immunity in prima facie criminal cases.
Also to be considered are time-line for assent of Bills and passage of Appropriation Bill, states and local government creation, strengthening the independence of institutions like the Office of the Accountant-General of the Federation, Auditor-General of the Federation and Office of the Attorney-General of the Federation, F.C.T. Administration, the Legislature and Legislative bureaucracy, constitutional roles for traditional rulers and any other issues that promote the unity and good governance of the Nigerian nation.
After the public hearing, the committee would come back and aggregate the views expressed at the public hearing and put down a report which could be harmonised with that of the House of Representatives after its public hearing or work on memoranda submitted to the Idris-Wase Committee.
The National Assembly would also have to fulfil the constitutional requirement for the alteration of the constitution stipulated in section 9(2).
Section 9(2 ) states that: “An Act of the National Assembly for the alteration of this constitution shall not be passed in either House of the National Assemblyunless the proposal is supported by the votes of not less than two-thirds majority of all the membersof that House and approved by resolution of the Houses of Assembly of not less than two-thirds of all the states.
That means that out of the 360 members of the House of Representatives, 240 must vote in support of the constitutional amendments while 73 out of 109 senators must also vote for it.
Altogether, 313 out of the entire 469 members of both chambers of the National Assembly, making the two-thirds majority must vote in support of the constitutional amendments before they are passed.
Also there are 36 states in Nigeria; consequently, the proposed amendments must be passed by resolutions of the House of Assembly in at least 24 states which formed the two-thirds majority.
After these requisite approvals, the proposed alterations or amendments will then be transmitted to the President for his assent for them to become law-Constitution.
Meanwhile, Lawyers and political pundits have, however, expressed optimism about the impending amendment; they have urged Nigerians to allow the National Assembly carry out its constitutional duties. They stressed that the holistic overhaul of the Constitution has become very necessary for better governance.
Speaking on the Channels Television’s SunriseDaily, Tuesday, May 18, 2021, Sergius Ogun (PDP-Edo), a member of the House of Representatives Constitution Review Committee, said: “It is our hope and belief that the report will be sent to the President for assent and then, it will be for Nigerians to put pressure on him to assent to it.”
Ogun further said that the process was expected to be concluded before the National Assembly proceeds on its annual recess.
Ayo Kusamotu, a legal practitioner, said that the National Assembly is the only legitimate body that can amend the Nigerian constitution, noting that agitations for restructuring of the country could only be fulfilled by the National Assembly.
“These people are elected lawmakers by Nigerians and it is their duty to do the needful and amend the Nigerian constitution, otherwise people clamouring for restructuring or so are just talking alone and can’t do anything. I think we should ask ourselves if that is what an average Nigerian wants or food on his table,” Kusamotu said.
