Presidential assent will no longer be required to amend any section of the constitution – if the clause is endorsed by President Goodluck Jonathan.
This is one of the highlights of the conference report of the review of the 1999 Constitution adopted yesterday by the Senate.
The upper chamber adopted the report wholesale without debate.
The lawmakers noted that the provision “enhances the sovereignty of the citizens through their elected representatives by removing the need for presidential assent in constitution alteration while “it also replaces the word “Act” wherever it appears with the word “Bill”.
Wages, Pensions, Railways, among others are to be removed from the exclusive list to be taken concurrently by the Federal and State governments.
Apart from abolishing presidential assent in constitution alteration, the lawmakers also adopted referendum for state creation.
The Senate adopted the provision, which confers immunity on legislators in respect of words spoken or written in the exercise of their legislative duties.
The lawmakers strengthened the administration of local governments by providing for their funding, tenure, election and clearly delineated their powers and responsibilities to ensure effective service delivery as well as insulated them from undue and counter-productive interference from state governments.
They approved the Right to Education and the Right to Health, as fundamental Rights in the constitution as well as adopted the establishment of the National Assembly Service Commission and State House of Assembly Commission to be enshrined in the constitution.
The lawmakers altered Section 59 of the Constitution by voting to bypass the president if he failed to sign a bill presented to him within 30 days.
The Senators agreed that “within seven days, the President of the Senate shall convene a joint sitting of the National Assembly to reconsider the bill.
“If passed by two-thirds majority of members of both Houses at such joint sitting, the Bill shall become law and the assent of the President shall not be required.”
The Senate noted that the alteration “resolves the impasse where the President or Governor of a state neglects to signify his assent or withholds such assent. This will strengthen legislatures authority and enable timely passage of laws for good governance.
The lawmakers approved the provision which authorised the President of the Senate to convene a joint meeting of the National Assembly to reconsider a money bill where the President withholds his assent.
Section 65 and 106 of the alteration provided for independent candidacy in elections while Section 67 made it mandatory for the President to attend a joint meeting of the National Assembly once a year to deliver a state of the nation address.
Approved Section 81 engendered accountability and efficient service delivery by providing for the funding of the Office of the Auditor-General of the Federation, Office of the Attorney-General of the Federation, National Security Agencies, The Nigeria Police, The Revenue Mobilisation and Fiscal Commission, directly from the Consolidated Revenue Fund of the Federation.
The lawmakers adopted Section 82 and 122, which reduce the period within which the President or the Governor of a state may authorise the withdrawal of moneys from the Consolidated Revenue Fund of the Federation in the absence of an Appropriation Act from six months to three months.
Adopted Section 84(4)(A-F) creates the Office of the Accountant General for the Federal Government..
To curtail refusal of appointees of the Federal or state governments’ to obey summons, the lawmakers adopted Section 89 and 129, which empowers the National Assembly and the Houses of Assembly to prescribe sanctions, civil or criminal or both for failure, refusal or neglect to obey summons issued by a legislative House or a committee of any of the Houses.
The Senate accepted Section 121, which it said engendered accountability and efficient service delivery by providing for the funding of the House of Assembly, Auditor-General of the State and the Attorney-General of a State directly from the State Consolidated Fund.
The lawmakers approved Section 124, which they described as a consequential provision of the making of local government a full third tier government, by creating the Office of the Auditor-General of the Local Government as well as the State Local Government Service Commission.
The Section, it said, “deletes the State Independent Electoral Commission”.
Sections 134 and 179, which the Senate accepted, extend the time for conducting presidential of governorship re-run to 21 days instead of the seven days for both presidential and gubernatorial elections.
It adopted Section 174 and 211, which establishes the Office of the Attorney-General of the Federation and Attorney-General of a state as distinct from the Minister of Justice and Commissioner for Justice.
The lawmakers accepted Section 223, which empowers the Independent National Electoral Commission (INEC) to de-register political parties for non-fulfillment of certain conditions such as breach of registration requirements and failure to secure/win either a presidential, governorship, local government chairmanship or a seat in the National or State Assembly.
They accepted Section 228 which confers powers on the National Assembly to make laws for the procedures, guidelines and qualification for access to the ballot by political parties and independent candidates.
The lawmakers approved Section 241, which provides that a court of tribunal shall not stay any proceedings on account of any interlocutory appeal.
They accepted the provision of Section 251 which confers exclusive jurisdiction on the Federal High Court for trial of electoral offences.
Section 285, which the Senate accepted, provides time for determination of pre-election matters, establishment of local government election tribunals and time for determination of election petitions.
Specifically, the Section provides that where a force majeure (unforeseen event) occurs, the period of theforce majeure shall not be counted in computation of the 180 days for the purpose of determining election petitions.
Under the Second Schedule, Part 1 and 11(Legislative Powers) the Senate agreed that “The Exclusive Powers under Part 1 to the Schedule of the Constitution is congested, cumbersome and unwieldy.
“There is, therefore, the need to decongest the Exclusive List by maintaining only items of utmost importance to the Federation as a whole, and transferring some items to the concurrent List.
“Committee therefore substituted ‘Post and Telegraphs’ with ‘Post and Telecommunications’, included National Security Agencies and removed Pensions, Railways, Stamp Duties and Wages from the Exclusive Legislative List.
The Senate also approved the provision that transferred and included in the Concurrent List Arbitration, Environment, Health, Housing, Railways, Road Safety, Stamp Duties, Wages, Land and Agriculture, Youths.
On immunity, Deputy Senate President, Ike Ekweremadu said that the conference committee accepted the Senate version of the issue which retains immunity.
...culled from The Nation
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