NASS Moves To Amend 1999 Constitution To Increase Presidential Powers

The National Assembly has disclosed that it would seek the
amendment of the 1999 Constitution, (as amended) to provide for a
smooth transition of legislative powers from an outgoing to an
incoming National Assembly.

It would also though the process reinforced the powers of the
President to dissolve the outgoing National Assembly and convene
the first session as contained in the National Assembly bill,
2019.

The resolution was sequel to deliberations on the National
Assembly Inauguration Bill, 2019, which was eventually stood down
to enable issues raised in the bill to be addressed through a
process of a constitutional amendment.

Sponsor of the bill, Senator Gabriel Suswam (PDP, Benue North
East), in his lead debate, said the bill among other things, “seeks
to ensure a smooth transition of legislative powers from the
outgoing National Assembly to the incoming one.”

The former Benue State governor argued that this could be
achieved by providing a comprehensive legal framework for managing
and coordinating the inauguration and swearing-in of newly elected
or in-coming Senators or members-elect after the dissolution of the
outgoing National Assembly by the President in exercise of his
powers under section 64 (3) of the 1999 Constitution as
amended.

He further submitted that though Section 311 of Chapter VIII,
Part I of the 1999 Constitution, as amended, makes transitional
provisions with respect to Standing Orders of the Senate, no such
transitional and saving provisions were contained in any extant law
with respect to the Standing Orders of any outgoing and incoming
National Assembly.

He said: “It suffices to say that by item 68 of the Exclusive
List, Part 1 of the Second Schedule to the 1999 Constitution, as
amended, the power of the National Assembly to legislate on the
inauguration day/date of elected members of the National Assembly
is incidental to the Exclusive power of the National Assembly to
legislate on the election of members of the National Assembly.”

Underscoring the need to designate a particular day for
inaugurating the in-coming National Assembly, Suswam said doing so
“would avert a vacuum and constitutional crisis that may arise as a
result of the time lag between the inauguration of the President
and the swearing-in of newly elected members of the National
Assembly.”

Some of the senators spoke in support of the Bill. Senator Adamu
Aliero, however, raised a point of order. The Senator representing
Kebbi South while citing orders 63 and 64 of the constitution,
warned of an impending conflict likely to arise with the passage of
the Bill into law.

The Deputy Senate President, Ovie Omo-Agege, while lending his
voice to the debate, said going ahead to consider and pass the
National Assembly bill would result in a conflict with the
provisions of the 1999 Constitution as amended.

Omo-Agege, therefore, suggested that an amendment of the 1999
constitution in this direction be duly considered by the National
Assembly to address all issues identified in the National Assembly
Bill, 2019.

“This is a constitutional issue. The only way we can bring this
to pass is to amend the Constitution not by passing a bill that
will be in conflict with the provisions of the Constitution.

“We have the constitutional review coming up. Those who believe
we should do this can do the amendment by reviewing Section 64 that
deals with when the proclamation can take place,” he said.

The Senate President, Ahmad Lawan, in his remarks on the bill,
said “it is clear that even if we sign it into law, the new act
cannot vitiate Section 64 of the 1999 Constitution. I will advise
that we tow the path of a constitutional amendment.

“There is no doubt that this bill is a good bill and
well-intentioned, but we cannot address the problems through this
bill. It has to go through a constitutional amendment.

“This bill, however, succeeded in igniting the argument that we
have to do something about this. So I will advise that we stand
down the debate on this bill and then bring a constitutional
amendment to address the issue,” Lawan added.