* National Assembly transmits proposals for
consideration
* Buhari to get clean copy in December
The 36 State Houses of Assembly will begin work on the proposed
amendment to the 1999 Constitution any moment from now, The Nation
gathered yesterday.
They are to consider the bills already adopted by the Senate and
the House of Representatives in respect of the amendment.
National Assembly sources said the adopted proposals have been
transmitted to houses of assembly for consideration and
concurrence.
The National Assembly Constitution Review Committee led by
Senate Deputy President Ike Ekweremadu formulated 33 bills for the
purpose of the constitution amendment of which 29 were adopted
while four were rejected.
The source said that with the transmission of the adopted
proposals to the state houses of assembly “the battle to amend the
1999 Constitution has shifted to the states.”
He said: “Any proposal that meets the approval of at least 24
state houses of assembly will be processed and transmitted to the
President for assent.”
The panelist who does not want his name mentioned explained that
the National Assembly does not have to “vote on proposals that meet
the mandatory approval of 24 state houses of assembly.”
The fear now, he said, “is what the state houses of assembly
will do with the adopted recommendations transmitted to them by the
National Assembly for concurrence.”
He said: “The fear becomes even palpable when it is recognized
that state houses of assemblies are fundamentally in the pockets of
the state governors. The implication is that no proposal passes
without the approval and endorsement of the governors.
“During the 2010 amendment bid for instance, state assemblies
were granted autonomy by the National Assembly. The proposal was
rejected by the same state assemblies the National Assembly wanted
to liberate from the strangle hold of state governors. They elected
to remain tied to the apron string of state governors.”
The source said that though talking about rejected items is
important, “what is even more important to the country is to mount
pressure on state houses of assembly to pass all the items
transmitted to them.”
“There are many approved amendments, which are critical for
restructuring and reforming the way we do business of government,
and strengthening critical institutions of democracy to promote
efficacy, transparency, accountability, and checks and
balances.
“For instance, if we devolve powers to the States without
strengthening the state legislatures for effective checks and
balances, then it will be business as usual.
“You would also see that the authorization of expenditure before
a budget is passed has been reduced from six months to three
months. The Office of the Accountant General of the Federal
Government has been separated from Accountant General of the
Federation. Also there is financial autonomy for the Auditor
General of the Federation.
“As for local governments, the alterations are aimed at
strengthening local government administration in Nigeria by
guaranteeing the democratic existence, funding and tenure of local
government councils.
“Take the issue of distributable pool account as an example. We
sought to alter Section 162 of the Constitution to abrogate the
state joint local government accounts and empower each local
government council to maintain its own special account into which
all allocations due to the local government council shall be
directly paid from the Federation Account and from the Government
of State and also to make provisions for saving in the Federation
Account before distribution to other levels of government.
“All these will enhance accountability and war against
corruption and engender development.
“Also, the way we recruit leaders matters even more. There are
approved amendments to set a timeframe for determination of
pre-election matters. You know that while all elections petitions
(post-election matters) have since been determined in line with the
amendment of 2013, some pre-election matters still linger. Even the
reform of local government for autonomy is a critical arm of
restructuring.”
Nigerians, he said, should follow the process of the
constitution review to the state houses of assembly to ensure that
all recommended resolutions transmitted to them are passed.
“Going forward, constitution amendment all over the world is
open ended. That a particular proposal fails to sail through does
not mean it is the end of the proposal. Constitution making is work
in progress all over.”
The leadership of the two chambers of the National Assembly has
already pledged to deliver a clean copy of adopted resolutions to
the Presidency for assent before the end of the year long before
the commencement of electioneering activities for the 2019 general
elections.
The National Assembly rejected moves to devolve powers to the
states, removal of the Land Use Act from the Constitution, states
creation/boundary adjustment, 35 per cent affirmative action for
women and a recommendation to alter Section 25 of the Constitution
to guarantee a married woman’s right to choose either her
indigeneship by birth or by marriage for the purposes of
appointment or election..
The Senate however adopted the followings: inclusion of former
Presidents of the Senate and former Speakers of the House of
Representatives as members of the National Council of State;
authorization of the president to continue withdrawing funds from
consolidated account after expiration of the annual budget has been
whittled down from six to three months; financial autonomy for
state assemblies; financial autonomy for local governments;
guaranteed tenure for local government chairmen and councillors; as
well as immunity for legislators for anything they say on the floor
duri Constitution amendment
battle shifts to state assemblies ng plenary or when they hold
committee briefings.
Also adopted are: empowering the Independent National Electoral
Commission to deregister any political party that fails to meet
some criteria, including failure to win at least one elected seat
from councillorship to presidential after a general election;
stopping the president’s power to reject, veto or refusal to sign a
bill passed by the NASS after 30 days of transmitting such to him;
compelling the president to announce his cabinet within 30 days of
his inauguration and attach the portfolios of ministerial nominees
to their names; compelling state governors to do same; and
independent candidates for elections.
* National Assembly transmits proposals for
consideration
* Buhari to get clean copy in December
The 36 State Houses of Assembly will begin work on the proposed
amendment to the 1999 Constitution any moment from now, The Nation
gathered yesterday.
They are to consider the bills already adopted by the Senate and
the House of Representatives in respect of the amendment.
National Assembly sources said the adopted proposals have been
transmitted to houses of assembly for consideration and
concurrence.
The National Assembly Constitution Review Committee led by
Senate Deputy President Ike Ekweremadu formulated 33 bills for the
purpose of the constitution amendment of which 29 were adopted
while four were rejected.
The source said that with the transmission of the adopted
proposals to the state houses of assembly “the battle to amend the
1999 Constitution has shifted to the states.”
He said: “Any proposal that meets the approval of at least 24
state houses of assembly will be processed and transmitted to the
President for assent.”
The panelist who does not want his name mentioned explained that
the National Assembly does not have to “vote on proposals that meet
the mandatory approval of 24 state houses of assembly.”
The fear now, he said, “is what the state houses of assembly
will do with the adopted recommendations transmitted to them by the
National Assembly for concurrence.”
He said: “The fear becomes even palpable when it is recognized
that state houses of assemblies are fundamentally in the pockets of
the state governors. The implication is that no proposal passes
without the approval and endorsement of the governors.
“During the 2010 amendment bid for instance, state assemblies
were granted autonomy by the National Assembly. The proposal was
rejected by the same state assemblies the National Assembly wanted
to liberate from the strangle hold of state governors. They elected
to remain tied to the apron string of state governors.”
The source said that though talking about rejected items is
important, “what is even more important to the country is to mount
pressure on state houses of assembly to pass all the items
transmitted to them.”
“There are many approved amendments, which are critical for
restructuring and reforming the way we do business of government,
and strengthening critical institutions of democracy to promote
efficacy, transparency, accountability, and checks and
balances.
“For instance, if we devolve powers to the States without
strengthening the state legislatures for effective checks and
balances, then it will be business as usual.
“You would also see that the authorization of expenditure before
a budget is passed has been reduced from six months to three
months. The Office of the Accountant General of the Federal
Government has been separated from Accountant General of the
Federation. Also there is financial autonomy for the Auditor
General of the Federation.
“As for local governments, the alterations are aimed at
strengthening local government administration in Nigeria by
guaranteeing the democratic existence, funding and tenure of local
government councils.
“Take the issue of distributable pool account as an example. We
sought to alter Section 162 of the Constitution to abrogate the
state joint local government accounts and empower each local
government council to maintain its own special account into which
all allocations due to the local government council shall be
directly paid from the Federation Account and from the Government
of State and also to make provisions for saving in the Federation
Account before distribution to other levels of government.
“All these will enhance accountability and war against
corruption and engender development.
“Also, the way we recruit leaders matters even more. There are
approved amendments to set a timeframe for determination of
pre-election matters. You know that while all elections petitions
(post-election matters) have since been determined in line with the
amendment of 2013, some pre-election matters still linger. Even the
reform of local government for autonomy is a critical arm of
restructuring.”
Nigerians, he said, should follow the process of the
constitution review to the state houses of assembly to ensure that
all recommended resolutions transmitted to them are passed.
“Going forward, constitution amendment all over the world is
open ended. That a particular proposal fails to sail through does
not mean it is the end of the proposal. Constitution making is work
in progress all over.”
The leadership of the two chambers of the National Assembly has
already pledged to deliver a clean copy of adopted resolutions to
the Presidency for assent before the end of the year long before
the commencement of electioneering activities for the 2019 general
elections.
The National Assembly rejected moves to devolve powers to the
states, removal of the Land Use Act from the Constitution, states
creation/boundary adjustment, 35 per cent affirmative action for
women and a recommendation to alter Section 25 of the Constitution
to guarantee a married woman’s right to choose either her
indigeneship by birth or by marriage for the purposes of
appointment or election..
The Senate however adopted the followings: inclusion of former
Presidents of the Senate and former Speakers of the House of
Representatives as members of the National Council of State;
authorization of the president to continue withdrawing funds from
consolidated account after expiration of the annual budget has been
whittled down from six to three months; financial autonomy for
state assemblies; financial autonomy for local governments;
guaranteed tenure for local government chairmen and councillors; as
well as immunity for legislators for anything they say on the floor
duri Constitution amendment
battle shifts to state assemblies ng plenary or when they hold
committee briefings.
Also adopted are: empowering the Independent National Electoral
Commission to deregister any political party that fails to meet
some criteria, including failure to win at least one elected seat
from councillorship to presidential after a general election;
stopping the president’s power to reject, veto or refusal to sign a
bill passed by the NASS after 30 days of transmitting such to him;
compelling the president to announce his cabinet within 30 days of
his inauguration and attach the portfolios of ministerial nominees
to their names; compelling state governors to do same; and
independent candidates for elections.
Read more https://nairalaw.com/constitution-amendment-battle-shifts-to-state-assemblies/