The Senate on Tuesday unanimously approved the inclusion of
former presidents of the Senate and former speakers of the House of
Representatives as members of the Council of State.
The decision of the Senate followed an electronic voting on the
report of the committee on Constitution review which sought to
alter certain sections of the 1999 Constitution.
According to the decision of the Senate, the council of state
which usually comprises serving and pasts presidents and heads of
state as well as the serving president and speakers of the
legislature will now include past presidents and speakers.
All 95 Senators who were present voted in favour of the
bill.
However, only past leaders of each of the chambers that were not
impeached during their tenure are eligible to become members of the
council.
The Senate also approved the alteration bill seeking to reduce
from six months to three months, the period of time within which a
president can authorise withdrawal from the confederation account
before the passage of the budget of a particular year.
The Senate for the second time also approved financial autonomy
for State Houses of Assembly to get their funding directly from the
federation accounts rather than rely on the state government to be
funded.
During the last Constitution review, the National Assembly
approved financial autonomy for the states, however in a turn of
events, the State Assemblies themselves rejected the autonomy
having voted no to financial autonomy when the matter was brought
before them as part of the process of Constitution amendment.
The upper legislative chamber also approved the abrogation of
joint accounts for States and Local Government and provided for
Local government to operate their special accounts called the Local
Government Account.
The Senate also approved the alteration that only democratically
elected local government councils will be recognised and funded
from the federation account.
Also approved was granting of immunity to lawmakers and
indemnify them from anything they say during the course of plenary
or committee meeting.
The Senate also approved that the president and governors should
have a time frame after taking office within which to submit
ministerial nominees or list of commissioners in the case of the
governors.
The Senate however rejected the alteration which would have
mandated states to ensure that 20 per cent of state commissioners
appointed are women.
The Senate also approved the change of name of the Nigerian
Police Force to the Nigeria Police to reflect their core mandate.
87 out of the 96 lawmakers present voted yes.
The inclusion of independent candidates to contest elections was
also okayed by the Senate as 62 senators voted in favour of the
Independent Candidature Bill.
Any person who functioned in capacity as acting president or
governor can only serve as an elected president or governor only
once.
This implies that that once the individual is re-elected into
the office which he had served in acting capacity, he cannot
contest an election into that same office.
If this approvals sail through the entire process of the
amendment, it means that former President Goodluck Jonathan can no
longer contest the presidential election having acted as president
and served a fresh 4 year term afterwards.
The Senate also approved the separation of the Office of the
Accountant General of the Federation from the Office of the
accountant general of the Federal Government.
Following the rejection of the lawmakers, a woman who married
out of her state or Local government of origin will not have the
choice to decide if to contest an election as an indigene of her
place of origin or her place of marriage.
This will also apply in the case of political appointment as the
woman would not have the choice whether to be appointed as an
indigene of her place of origin or her place of marriage.
The Senate also approved for the establishment of the Investment
and Securities Tribunal.
The age qualification for persons contesting for elective
offices was also reduced approved for reduction by the Senate.
The upper legislative Council further approved that the
president or governor must submit the appropriation bill of the
proceeding financial year not later than 90 days before the
expiration of the current financial year.
The Decree that established the National Youth Service Corps
(NYSC) was also deleted from the Constitution to allow for its
amendment.
Other decrees which the senate approved for deletion for the
Constitution were the Public Complaint Commission and State
Independent Electoral Commissions.
However, the bill seeking to delete the Land Use Act from the
Constitution was rejected by the lawmakers as only 44 senators
voted in support of the bill.
The Senate on Tuesday unanimously approved the inclusion of
former presidents of the Senate and former speakers of the House of
Representatives as members of the Council of State.
The decision of the Senate followed an electronic voting on the
report of the committee on Constitution review which sought to
alter certain sections of the 1999 Constitution.
According to the decision of the Senate, the council of state
which usually comprises serving and pasts presidents and heads of
state as well as the serving president and speakers of the
legislature will now include past presidents and speakers.
All 95 Senators who were present voted in favour of the
bill.
However, only past leaders of each of the chambers that were not
impeached during their tenure are eligible to become members of the
council.
The Senate also approved the alteration bill seeking to reduce
from six months to three months, the period of time within which a
president can authorise withdrawal from the confederation account
before the passage of the budget of a particular year.
The Senate for the second time also approved financial autonomy
for State Houses of Assembly to get their funding directly from the
federation accounts rather than rely on the state government to be
funded.
During the last Constitution review, the National Assembly
approved financial autonomy for the states, however in a turn of
events, the State Assemblies themselves rejected the autonomy
having voted no to financial autonomy when the matter was brought
before them as part of the process of Constitution amendment.
The upper legislative chamber also approved the abrogation of
joint accounts for States and Local Government and provided for
Local government to operate their special accounts called the Local
Government Account.
The Senate also approved the alteration that only democratically
elected local government councils will be recognised and funded
from the federation account.
Also approved was granting of immunity to lawmakers and
indemnify them from anything they say during the course of plenary
or committee meeting.
The Senate also approved that the president and governors should
have a time frame after taking office within which to submit
ministerial nominees or list of commissioners in the case of the
governors.
The Senate however rejected the alteration which would have
mandated states to ensure that 20 per cent of state commissioners
appointed are women.
The Senate also approved the change of name of the Nigerian
Police Force to the Nigeria Police to reflect their core mandate.
87 out of the 96 lawmakers present voted yes.
The inclusion of independent candidates to contest elections was
also okayed by the Senate as 62 senators voted in favour of the
Independent Candidature Bill.
Any person who functioned in capacity as acting president or
governor can only serve as an elected president or governor only
once.
This implies that that once the individual is re-elected into
the office which he had served in acting capacity, he cannot
contest an election into that same office.
If this approvals sail through the entire process of the
amendment, it means that former President Goodluck Jonathan can no
longer contest the presidential election having acted as president
and served a fresh 4 year term afterwards.
The Senate also approved the separation of the Office of the
Accountant General of the Federation from the Office of the
accountant general of the Federal Government.
Following the rejection of the lawmakers, a woman who married
out of her state or Local government of origin will not have the
choice to decide if to contest an election as an indigene of her
place of origin or her place of marriage.
This will also apply in the case of political appointment as the
woman would not have the choice whether to be appointed as an
indigene of her place of origin or her place of marriage.
The Senate also approved for the establishment of the Investment
and Securities Tribunal.
The age qualification for persons contesting for elective
offices was also reduced approved for reduction by the Senate.
The upper legislative Council further approved that the
president or governor must submit the appropriation bill of the
proceeding financial year not later than 90 days before the
expiration of the current financial year.
The Decree that established the National Youth Service Corps
(NYSC) was also deleted from the Constitution to allow for its
amendment.
Other decrees which the senate approved for deletion for the
Constitution were the Public Complaint Commission and State
Independent Electoral Commissions.
However, the bill seeking to delete the Land Use Act from the
Constitution was rejected by the lawmakers as only 44 senators
voted in support of the bill.
Read more https://nairalaw.com/senate-approves-financial-autonomy-for-state-assemblies/