THE 1999 CONSTITUTION REVIEW SPEECH BY RT. HON. EMEKA IHEDIOHA, CON, DEPUTY SPEAKER HOUSE OF REPRESENTATIVES
THE 7TH HOUSE OF REPRESENTATIVES FEDERAL REPUBLIC OF NIGERIA COMMITTEE ON THE REVIEW OF THE 1999 CONSTITUTION REPORT ON BILLS FOR AN ACT TO FURTHER ALTER THE PROVISIONS OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999; AND FOR OTHER MATTERS CONNECTED THEREWITH, 2013
1.0 INTRODUCTION
Following the inauguration of the 7th House of Representatives in June 2011, the Leadership under the Speaker of the House, Rt. Hon. Aminu Waziri Tambuwal, CFR, issued a Legislative Agenda which encapsulated the policy direction of the House. The Legislative Agenda, in Principle 5, identified further Alteration of the Constitution of the Federal Republic of Nigeria, 1999, as a key objective to be pursued in line with the aspirations of Nigerians.
2.0 CONSTITUTION OF THE COMMITTEE
The House constituted the Ad Hoc Committee on the Review of the Constitution in September 2011to drive the process of further altering the Constitutionwith the Deputy Speaker, Rt. Hon. Emeka Ihedioha, CON, as the Chairman. Membership of the Committee included the Principal Officers of the House and a member to represent each State of the Federation and the Federal Capital Territory (FCT), Abuja.
Being conscious of the need for gender balance, the Leadership included four (4) female Members of the House to represent the interests of women in the Committee. The Chairman, Rules and Business Committee of the House was incorporated for technical facilitation while the Chairman and Deputy Chairman of the House Committee on Media and Public Affairs were included in the Committee to ensure that the Nigerian public were kept well informed of the work of the Committee. This brought the total membership of the Committee to fifty–three (53).
3.0 They are -
1. Rt. Hon. Emeka Ihedioha, CON - Deputy Speaker Chairman
2. Hon. Mulikat Akande-Adeola - House Leader Member
3. Hon. Ishaka M. Bawa - Chief Whip Member
4. Hon. Leo Ogor - Deputy Leader Member
5. Hon. Mukhtar M. Ahmed - Deputy ChiefWhip Member
6. Hon. Femi Gbajabiamila - Minority Leader Member
7. Hon. Samson Osagie - Minority Whip Member
8. Hon. Suleiman A. Kawu Sumaila - Dep. Minority Leader Member
9. Hon. Garba Datti Muhammed - Deputy Minority Whip Member
10. Hon. Eziuche Ubani - Abia State “
11. Hon. Ganama Titsi Kwaga - Adamawa State ”
12. Hon. Saviour Udoh - Akwa Ibom State ”
13. Hon. Uche Ekwunife - Anambra State ”
14. Hon. Yakubu Dogara - Bauchi State ”
15. Hon. Warman Weri Ogoriba - Bayelsa State ”
16. Hon. Hassan Saleh - Benue State ”
17. Hon. Mohammed Tahir Monguno - Borno State ”
18. Hon. Christopher Eta - Cross River State ”
19. Hon. Akpodiogaga Sunday Emeyese - Delta State ”
20. Hon. Omo Christopher Isu - Ebonyi State ”
21. Hon. Patrick Ikhariale - Edo State ”
22. Hon. Michael Opeyemi Bamidele - Ekiti State ”
23. Hon. Ogbuefi Ozomgbachi - Enugu State ”
24. Hon. Isah E. Dobi - F.C.T ”
25. Hon. Yusuf Manu Swa - Gombe State ”
26. Hon. Jerry Alagbaoso - Imo State ”
27. Hon. Adamu Hassan - Jigawa State ”
28. Hon. Ibrahim Bello - Kaduna State ”
29. Hon. Farouk M. Lawan - Kano State ”
30. Hon. Amiru Tukur Idris - Katsina State ”
31. Hon. Aminu Koko - Kebbi State ”
32. Hon. Abdulrahman Badamasiuy - Kogi State ”
33. Hon. Rafiu Ibrahim - Kwara State ”
34. Hon. Hazeez Babajide Akinloye - Lagos State ”
35. Hon. Ishaq Ahmed Kana - Nasarawa State ”
36. Hon. Haliru Jikantoro - Niger State ”
37. Hon. Adekunle Adeyemi - Ogun State ”
38. Hon. Akinlaja Joseph - Ondo State ”
39. Hon. Ajagbe Adetunji Tajudeen - Osun State ”
40. Hon. Ajaja Adebukola - Oyo State ”
41. Hon. Innocent Z. Tirsel - Plateau State ”
42. Hon. Kingsley Chinda Ogundu - Rivers State ”
43. Hon. Aminu Shehu Shagari - Sokoto State ”
44. Hon. Ibrahim Tukur EI-Sudi - Taraba State ”
45. Hon. Goni Bukar Lawan - Yobe State ”
46. Hon. Ibrahim Shehu Gusau - Zamfara State ”
47. Hon. Binta Bello Maigari - Women ”
48. Hon. Rafeequat A. Onabamiro - Women ”
49. Hon. Christina Alaaga - Women ”
50. Hon. Nkoyo Toyo - Women ”
51. Hon. A.T. Sam-Tsokwa - Special Interest “
52. Hon. Zakari Mohammed -Chairman, Media Committee ”
53. Hon. Victor Afam Ogene -Vice Chairman, Media Cmte ”
4.0 METHODOLGY AND ACTIVITIES OF THE COMMITTEE
The Committee, since its inauguration, has held over twenty-five (25) meetings which were aimed at enabling Members to be fully involved in its work.
Given that Members of the Committee would not have time, owing to their busy schedules to attend to the technical aspects of the work, the Committee decided to appoint Technical Experts to assist it with developing the Work Plan for its activities. The team of Experts on constitutional and legal matters and civil society organizationswere drawn from across the six geo-political zones of Nigeria.
4.1 The Retreats of the Technical Experts:
The technical experts met over several periods to produce the Work Plan and draft documents that formed the basis for the Committee’s deliberations.
4.2 Retreat of the Committee:
The Committee organised a retreat to deliberate on the draft documents produced by the experts.The retreat which held in Port Harcourt, Rivers State between May 27 -29, 2012, was aimed at providing understanding for the Members on the various issues involved in constitutional amendment and strategizing on the approach towards achieving further alteration of the Constitution.
The retreat which was chaired by Hon. Justice Adolphus Karibi-Whyte rtd (JSC) was declared open by the Speaker of the House, Rt. Hon. Aminu Waziri Tambuwal, CFR.The event also had in attendance the Governor of Rivers State and Chairman of the Nigerian Governors Forum, Rt. Hon. Rotimi Chibuike Amaechi and the Speaker of Gombe State House of Assembly and the Chairman of the Conference of Speakers of State Legislatures, Rt. Hon. Garba Inuwa.
5.0 CALL FOR MEMORANDA
Following the successful conclusion of the retreat, the Committee issued a call on the members of the public to submit memoranda on any aspect of the Constitution they would wish to be amended. As usual, the people responded enthusiastically, as over 200 memoranda were received.They covered a wide spectrum of issues, including -
a. Fiscal federalism;
b. Financial autonomy and independence of State Houses of Assembly and Local Government Councils;
c. Mode of Altering the Constitution;
d. Citizenship and indigeneship question;
e. Making aspects of the fundamental objectives and directive principles of state policy justiciable;
f. Devolution of powers from the Centre to the States;
g.Independent candidacy in elections;
h. Removal of immunity clause for President, Vice-President and Governors;
i. Creation of States;
j. Establishment of State Police, etc.
6.0 FEDERAL CONSTITUENCIES PEOPLES’ PUBLIC SESSIONS
The team of Experts carefully analyzed the memoranda and sifted from them the most pressing demands by Nigerians. These key issues were formulated into a forty-three (43) item Template of issues which the Committee put before Nigerians during the Peoples’ Public Sessions on the Review of the Constitution which was held simultaneously in all the three hundred and sixty (360) federal constituencies in Nigeria on 10 November 2012.
On that day, the 360 Members of the House relocated to their constituencies to participate in the sessions with their constituents, elected Members of the State Houses of Assembly, elected Chairmen of Local Government Councils, representatives of civil society organizations and other stakeholders in the Nigerian project. This was akin to a sort of national referendum, approximating the often cited demand for a Sovereign National Conference by a vocal section of the Nigerian elite.
The forty three (43) item Template of issues whichthe Nigerian people voted on at the end of the Sessions and the Collated Results from the reports of the Sessions submitted to the Committee by the Member representing each federal constituency are attached to this Report.
Since the conclusion of the Peoples’ Public Sessions and the public presentation of the collated results arising from them which was made on 18 April 2013, the Committee had worked hard and undertaken several activities leading up to the preparation of the Report that is being presented today.
7.0 BILLS REFERRED TO THE COMMITTEE BY THE HOUSE
The House referred abouttwenty-five (25) Bills to the Committee for further legislative action, after they had been read the second time following debate on their general principles. The Committee considered those Bills,which included -
i. A Bill for an Act to alter Sections 7 and 162 of the Constitution to provide for independence and financial autonomy of local government councils in Nigeria, and for related matters; 2011 (H.B 122);
ii. A Bill for an Act to alter the Constitution of Nigeria provide a definite date for the President to present an Appropriation Bill for the next financial year to the National Assembly, 2011 (H.B114);
iii. A Bill for an Act to alter the provisions of Part II of the First Schedule of the Constitution of the Federal Republic of Nigeria, 1999, by deleting the word “Plateau” in line 14 and inserting instead thereof the word “Nasarawa”, 2011, (H.B 102);
iv. A Bill for an Act to alter sections 89 and 129 to direct the Attorney-General of the Federation to prosecute any person or authority found wanting by the Senate or the House of Representatives; and for connected matters, 2011, (H.B 177);
v. A Bill for an Act to amend the Electric Power Sector Reform Act, Cap 7, LFN, 2004 and other matters connected therewith, 2012, (H.B 190);
vi. A Bill for an Act to alter the Constitution to remove the word, “Force” from the name of the Nigeria Police Force in order that it becomes the “Nigeria Police”; and for related matters, 2012, (H.B. 135);
vii. A Bill for an Act to amend the Treaties (Making Procedure, etc.) Act Cap. T20, LFN, 2004, to make consultations with relevant Committees of the National Assembly a mandatory Treaty- making Procedure to all Treaties entered into between the Federation and any other country and for matters connected therewith, 2012, (H.B. 189);
viii. A Bill for an Act to alter section 58 of the Constitution to make the Resolutions of the National Assembly have force of law; and for connected matters, 2012, (H.B 115);
ix. A Bill for an Act to alter section 315 of the Constitution to remove the power of the President or Governor to amend an existing law, 2012, (H.B 151);
x. A Bill for an Act to alter section 7 of the Constitution to ensure efficient operations of the Local Government Councils in Nigeria for social, economic and political development; and for other matters connected therewith, 2012, (H.B 176);
xi. A Bill for an Act to Alter the provision of the Constitution of the Federal Republic of Nigeria 1999, to vest appellate Jurisdiction on the Sharia and Customary Courts of Appeal in respect of all matters emanating from Sharia, District and Area Customary Courts; and for other matters connected therewith; 2013, (H.B 406);
xii. A Bill for an Act to Alter the constitution of the Federal Republic of Nigeria, 1999, to amend the definition of a citizencontained therein to include all persons indigenous to communities now forming part of Nigeria; and for related matters; 2013, (H.B 414);
xiii. A Bill for an Act to further Alter the Constitution of the Federal Republic of Nigeria to make provisions for the eforcement of certain provisions of the fundamental objectives and directive principles of State Policy as contained in the Constitution; and for matters connected therewith, 2013, (H.B 123);
xiv. A Bill for an Act to Alter the provisions of the Constitution of the Federal Republic of Nigeria. 1999 to criminalize contempt of the House of Representatives, 2013, (H.B 430);
xv. A Bill for an Act to Alter the Constitution of the Federal Republic of Nigeria, 1999, by providing Immunity for Members of the Legislature in respect of words spoken or written at the plenary session or at Committee proceedings, to guarantee that freedom of speech, debate and proceedings in Legislative Houses are not impeached or questioned in any court or place outside of Parliament; and for related matters (H.B432) and a Bill for an Act to Alter the provisions of the Constitution of the Federal Republic of the Nigeria to guarantee freedom of speech and Legislative actions for Members of the National Assembly, (H.B 457);
xvi. A Bill for an Act to Alter the Constitution of the Federal Republic of Nigeria to place the Office of the Auditor-General for the Federation on the first line charge of the Consolidated Revenue Fund and to empower the Auditor General for the Federation and the Auditor-General of State Governments to audit the accounts of statutory corporations, Commissions, Authorities and Agencies in Nigeria; and Related Matters, 2013, (H.B 442);
xvii. A Bill for an Act to Alter the provisions of section 143 of the Constitution of the Federal Republic of Nigeria, 1999 to remove ambiguities in the process of removal of the President and the Vice President from Office on an allegation of gross misconduct and to provide for a more transparent and democratic proceedure for impeachment; and for other matters connected therewith, 2013, (H.B 498);
xviii. A Bill for an Act to Alter the provisions of the Constitution of the Federal Republic of Nigeria 1999 and for other Matters Connected Therewith.
xix. A Bill for an Act to amend Sections 315 of the Constitution of the Federal Republic of Nigeria (As Amended).
xx. A Bill for an Act to Alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 and for Related Matters.
xxi. A Bill for an Act to Alter section 285 of the Constitution of the Federal Republic of Nigeria (Second Alteration) Act. No. 2 of 2010; and for matters connected thereto, 2012, (H.B 247);
xxii. A Bill for an Act to Alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 to separate the office of the Attorney-General from that of the Minister of Justice and to provide for an independence Office of the Attoney-General; and for matters connected thereto, 2012, (H.B 262);
xxiii. A Bill for an Act to Alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 and for other Matters Connected Therewith
xxiv. A Bill for an Act to Alter provisions of the First Schedule,Part 1 of the Constitution of the Federal Republic of Nigeria, 1999, to allow for the change of “Egbado North” and “Egbado South” to “Yewa North” and “Yewa South”; and for matters connected therewith, 2012, (H.B 373);
xxv. A Bill for an Act to Alter the provisions of section 7 of the Constitution of the Federal Republic of Nigeria to make it mandatory for election to the Offices of the Chairman and Councillors of Local Government Councils in Nigeria to be held on a date to be appointed, and on the conditions prescribed by Laws made by the State Houses of Assembly; and for other matters connected thereto, 2012, (HB 259);
xxvi. A Bill for an Act to Alter the Constitution of the Federal Republic of Nigeria, 1999 in section 162 (2) to provide for the Revenue Mobilisation, Allocation and Fiscal Commission to table directly before the National Assembly the Commission’s proposals for revenue allocation; and for matters connected thereto, 2012 (HB 343);
xxvii. A Bill for an Act to Alter the provisions of item No. 1, Part III, Third Schedule of the Constitution of the Federal Republic of Nigeria, 1999 to allow for additional Membership of the Federal Capital Territory Judiciary Service Committee, include the Customary Court to the list of Courts in the Federal Capital Territory; and other matters connected therewith, 2012 (HB 352);
A report on the above Bills containing the names of the Honourable members who sponsored them, the date they were referred to the Committee and the action taken on each of them is attached to this Report.
5.0 BACKGROUND OF THE REPORT
Following the success of the First Alteration to the Constitution by the 6th Assemblywhich focused on electoral matters, the 7thHouse of Representativesdecided that its alterations to the Constitution would not be restricted, this time around; this is why the Peoples’ Public Sessions was an open, inclusive and unhindered National discussion.
It is in this light that the Committee threw open the discussions on the alteration of the Constitution, and in the process, elicited wide ranging responses from Nigerians.
We have made recommendations in the Report and the Draft Bill attached to it is an aggregation of the views expressed by Members in their Bills, the recommendations from the Peoples’ Public Sessions andmemoranda and views submitted by members of the public.
6.0 OBJECTIVES OF THE BILL ON ALTERATION OF THE CONSTITUTION
The Bill attached to this Report reflects changes proposed for the alteration of the Constitution in order to achieve better delivery of our democratic aspirations as a Nation.
7.0 HIGHLIGHTS OF THE BILL
The Constitution Alteration Bill attached to this Report is a reflection of Members’ Bills referred to the Committee after second reading and results of the Peoples’ Public Sessions on the Review of the Constitution.
The highlights of the alterations contained in the Bill are as follows:
7.1 Section 7:Local Government System
The Committee followed from the recommendation of the Peoples Public Sessions which clearly underscored the need to create independence and autonomy for local government councils and give the councils their deserved role as catalysts for development at the grassroots level. Accordingly, the Committee created a fixed uniform term of four years for local government councils and prescribed denial of appropriation to councils that are not democratically elected. The reforms proposed by the Committee prescribed the mode of election of local government officials, their functions, tenure, qualifications for elections, and other related matters. Under the amendment proposed, elections into local government councils will be managed by the national election management body, the Independent National Electoral Commission (INEC).
7.2 Section 8: New States and Boundary Adjustment
The Committee reviewed the provisions of section 8 to emphasize the importance of elected local government councils, by inserting alterations that will ensure that only elected local government officials can participate in the process for creation of new States. Also, clarifying that onlyregistered voters in a local government area can participate in a referendum for the creation of a new State.
7.3 Section 9
In this section, the Committee sought to clarify and remove ambiguities in language with respect to the alteration of the Constitution and further dispense with the requirement for assent of the president to be obtained for the amendment of the Constitution. The Committee came to the conclusion that the rigorous provisions for the alteration of the Constitution by members of the National Assembly and the participation of the 36 State Houses of Assembly represented such adequate participation of Nigerians and that assent of the President negated the principle contained therein.
7.4 Section 12
The Committee altered the provisions relating to Nigeria’s international treaty obligations, to provide for National Assembly’s ratification and enactment.
7.5 Alteration of heading of Chapter III
Section 25
In order to address the various conflicts and crises surrounding the question of who is an indigene or settler in the community, the Committee has redefined citizenship to take away this divide meaning that a person who has lived in a community for a specified period is entitled to the same rights and privileges as citizens of that community.
The amendment under this chapter fully defines indegeneship in a way to eliminate the conflict that this has posed in the past.
7.6 Section 42
The Committee altered section 42 of the Constitution to specifically prohibit discrimination against persons living with disability.
7.7 New sections 45A – D
The Committeemade a significant proposal here by making enforceable certain socio-economic rights as fundamental rights and incorporating them into Chapter IV, the justiciable part of the Constitution, thus creating as justiciable, the rights to education, right to favorable environment, right to free primary and maternal health care services, and the right to basic housing.
7.8 Section 65
The Committee agreed to allow for independent candidacy in elections in Nigeria. This would however be subject to conditions stipulated under the Electoral Act.
7.9 Section 66
To give seriousness to the issue of electoral offence, the Committee decided that is now provides grounds for disqualification of a candidate from contesting elections where he has been found guilty of an offence. This is also applicable at the State level
7.10 First Alteration Act
In order to entrench the independence of the offices of the Attorney-General of the Federation, the Accountant-General of the Federation and the Auditor-General of the Federation, and insulate them from political control, the Committeeput this office on the first line change of the Consolidated Revenue Fund of the Federation.
7.11 Section 80
The Committee strengthened the provisions of section 80 of the Constitution to plug leakages from the Consolidated Revenue Fund of the Federation and public funds of Nigeria to ensure that no expenditure is made by any organ of government without appropriation by the legislature.
7.12 Sections 81 and 82
To ensure timely passage of the National Budget, and discipline in expenditure, the Committee stipulated that budgets be submitted by the executive for approval no later than ninety days before the expiration of the fiscal year.
7.13 Sections 84A – C
The Committee included a new section in the Constitution creating a new office of the Accountant-General of the Federation and Accountant-General of the Federal Government to ensure that persons are appointed into these two separate offices for professional management of resources
7.14 Section 150
To give effect to the results of the Peoples’ Public Session which voted to separate the office of the Minister of Justice from that of the Attorney-General of the Federation, the Committee made amendments to reflect this and insulating an independent office of the Attorney-General of the Federation from partisanship and to be managed by a professional lawyer. This is also applicable at the State level.
7.15Section 153
The Committee felt that the issue of electoral offences is of such importance as to warrant the creation of an independent electoral offences commission to handle it.
7.16Section 162
The Committee also altered the Constitution to abrogate State Joint Local Government accounts and empower each Local Government to maintain its own special account to be called “Local Government Council Allocation account” into which shall be paid directly allocations made to the localgovernment by the Federal Government from the Federation Account and from the government of the State
7.17Section 197
The Committee felt that it was important to protect the integrity of the electoral process at local government level and respond to the complaints of partisanship of State Independent Electoral Commissions (SIEC) accordingly, it deleted the existence of SIECs and vested the power to conduct local government councils across the federation in the Independent National Electoral Commission (INEC).
7.18 Section 201 and 3rd Schedule, Part I: Role for Traditional Rulers
The Committee in response to the results of the Peoples’ Public Sessions created a role for traditional rulers at the Federal and State levels providing for representation of traditional rulers in the National Council of States and the creation of a State Council of Chiefs at the State level
7.19 Section 214
The Committee in this section and across the entirety of the Constitution deleted the word “Force” from the name of the Nigeria Police providing for the name of the Police to now be “Nigerian Police” rather than “Nigeria Police Force”
7.20 Section 241
The Committee reviewed memoranda submitted on the Judiciary and agreed to address concerns over delay in the courts by limiting the use of interlocutory appeals to stay proceedings in court
7.21 Section 308
In line with the results from the Peoples’ Public Sessions, the Committee also removed the immunity from prosecution from criminal offences for persons occupying the position of president, vice president, governor and deputy governor, and to stem impunity levels
7.22 Section 315:
The Committee also altered this section of the Constitution as approved by the Peoples’ Public Session removing the powers of the President and governor of the State to modify existing laws.
7.23The Lists: Exclusive, Concurrent
The Committee altered the Constitution to provide for the transfer of Railways, from the Exclusive legislative to the Concurrent List to further boost devolution of powers. Health, Housing and Electricity were transferred to the concurrent list.
7.24 Creation of States
The Committee received requests for creation of States running into more than thirty-five (35) States. None of the requests submitted to the Committee complied with the procedure for creation of States outlined in section 8 of the Constitution. Accordingly, the Committee was unable to treat any of these requests. The Committee however recognizes that the existing provision in the Constitution for the creation of new States is unclear and cumbersome. Accordingly, the Committee has clarified the process to make it more coherent.
8.0 RECOMMENDATION
Mr. Speaker, honorable colleagues, the Ad hoc Committee on the review of the Constitution has carried out a thorough job here in line with the mandate given to it by this House and in response to the yearnings of Nigerians and has produced a Report to take this process forward. In this regard, the Ad-hoc Committee recommends:
1. The proposed Alterations to the Constitution attached to this Report should be adopted by the House.
2. The process of consideration of the Alterations to the Constitution proposed by the Committee needs to be expedited to enable us achieve its passage.
3. The House should expedite the process of Alteration of the Constitution requiring collaboration with the Senate and the State Houses of Assembly.
9.0 CONCLUSION
Mr. Speaker, Honourable Members, the Ad-hoc Committee on the review of the Constitution has received the full support and encouragement of the Speaker and the entirety of the House bringing us to the success that we have achieved and to this milestone. We are grateful for this.
We are also grateful to the various stakeholders who have supported the work of the Committee including Nigerian civil society organizations, professional bodies, labour unions, etc. We cannot overemphasize our gratitude to the Nigerian Media and indeed the general public for the unflinching support and demonstrable confidence they have given to our Committee. We are optimistic that our efforts your expectations and justify the confidence reposed on us.
Thank you.
Rt. Hon. Emeka Ihedioha, CON
Deputy Speaker/Chairman