Category: Featured

By Sanni Onogu and Tony Akowe, Abuja

• Bill to mandate budget presentation three months to year end

• Law to end parade of suspects before trial by security agencies

Worried about past experiences where Appropriation Bills were rejected by the President after passage by the National Assembly, Senators and members of the House of Representatives have proposed measures that will strengthen existing constitutional provisions on overriding Presidential veto on bills.

The lawmakers have also proposed an amendment to the constitution to compel the President and governors to present annual Appropriation Bills to the National and State Houses of Assembly at least three months before the end of the year.

The National and State Houses of Assembly are duty bound by the new amendments being sought to the Constitution to pass the Appropriation Bills before the 31st of December every year.

These and several other amendments to the Constitution are contained in the recommendations of both the Senate and House of Representatives Adhoc Committees on Constitution Review, chaired by the Deputy Senate President, Senator Ovie Omo-Agege and Deputy Speaker, Rep. Ahmed Idris Wase, respectively.

The lawmakers are expected to vote on the 67 and 68 different recommendations in the Senate and House of Representatives respectively, between Tuesday, March 1 and Wednesday March 2, 2022 and each of the recommendations are expected to be approved by two-thirds majority of elected members of parliament.

Bill number 14 which provides procedures for overriding Executive Veto in respect of Money Bills introduced new measures which will make it easier for lawmakers to override the President by altering the provisions of Section 59 (4A) and Section 100 (4A) as it relates to states.

Section 59(4A) of the Constitution reads: “Where the President, within thirty days after the presentation of the bill to him, fails to signify his assent or where he withholds assent, then the bill shall again be presented to the National Assembly sitting at a joint meeting, and if passed by two-thirds majority of members of both Houses at such joint meeting, the bill shall become law and the assent of the President shall not be required.

The new amendment to section 59 (4) of the Constitution reads: “Where the President, at the expiration of thirty days after the presentation of a Bill to him, fails to signify his assent or where he withholds his assent, then – (a) the President of the Senate shall, within seven days, convene a joint sitting of the National Assembly to reconsider the Bill; and (b) if approved 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 or his veto shall be deemed overridden by the National Assembly”.

Hitherto, the President has had course to reject the Appropriation Bill as passed by the National Assembly as a result of what they had often described as budget padding.

Bill number 44 which sets the timeline for the Presentation of Appropriation Bills amended the provisions of Section 81 (1) and 121 (in case of states) of the 1999 Constitution (as amended) which says that “the President shall cause to be prepared and laid before each House of the National Assembly at any time in each financial year, estimates of the revenues and expenditure of the Federation for the next following financial year.”

However, the amendment is seeking to strengthen the provision by including specific time limit for the President and governors to prepare and lay their budgets before the National and State Houses of Assembly.

The new subsection 1 will now read: “The President shall cause to be prepared and laid before each House of the National Assembly, not later than ninety days before 31st of December of every year, estimates of the revenues and expenditure of the Federation for the next financial year.”

The law also introduced a new subsection 1(a) which makes it mandatory for the National and State Houses of Assembly to pass the annual budget before the end of end of the year, saying “the National Assembly shall pass the Appropriation Bill before the 31st of December of every year for the next financial year.”

In addition, the long drawn agitation to have a minister appointed from the FCT is captured by bill no 61 which seeks to alter the provisions of section 147 of the Constitution which deals with the appointment of ministers from each state of the Federation.

The FCT has never had a minister appointed from the territory who is an indigene, while the 36 states have always benefited from such appointments.

Section 147(3) states that, “Any appointment under subsection (2) of this section by the President shall be in conformity with the provisions of section 14(3) of this Constitution:- Provided that in giving effect to the provisions aforesaid the President shall appoint at least one minister from each state, who shall be an indigene of such state.”

When approved and signed into law, the new provision will now read: “Provided that in giving effect to the provisions aforesaid the President shall appoint at least one minister from each state and the Federal Capital Territory, who shall be an indigene of such state and in the case of the Federal Capital Territory, who shall be a resident and a registered voter in the Federal Capital Territory.”

This provision was rejected by the House of Representatives in the 8th Assembly as it failed to muster the required two-thirds majority to sail through.

Besides, Bill number 60 seeks to amend the provisions of section 299 (a), 301, 302 and 303 of the Constitution to establish the Office of the Mayor for the FCT and transfer the executive powers hitherto conferred on the President over the FCT to the Mayor.

Section 299 (a) of the Constitution states that, “The provisions of this Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of the States of the Federation; and accordingly – (a) all the legislative powers, the executive powers and the judicial powers vested in the House of Assembly, the Governor of a State and in the courts of a State shall, respectively, vest in the National Assembly, the President of the Federation and in the courts which by virtue of the foregoing provisions are courts established for the Federal Capital Territory, Abuja;

It created a new 299 (a) which states that “(a) all the legislative powers, the executive powers and the judicial powers vested in the House of Assembly, the Governor of a State and in the courts of a State shall, respectively, vest in the National Assembly, the Mayor and in the courts which by virtue of the forgoing provisions are courts established for the Federal Capital Territory, Abuja;”

It also altered the provisions of section 301 to make provisions for other offices within the Terriroty that shall be saddled with the responsibilities of the day to day running of the Terriroty.

It also seeks to delete the provisions of section 302 which states that “the President may, in exercise of the powers conferred upon him by section 147 of this Constitution, appoint for the Federal Capital Territory, Abuja, a Minister who shall exercise such powers and perform such functions as may be delegated to him by the President, from time to time”, since the functions obtained therein will now be performed by the Mayor.

It created a new section 303 (A-K) which sets out the procedures for the election of the Mayor of the FCT, required qualifications and tenure of office.

The new section 303A states that, “there shall be for the Federal Capital Territory, Abuja a Mayor who shall be the Chief Executive of the Federal Capital Territory Administration.

To qualify to be elected as Mayor, the law states in the new section 303 (B) that the “person shall be qualified for election to the office of the Mayor if – (i) he is a citizen of Nigeria by birth; he has attained the age of thirty-five years; and (iii) he is a member of a political party and is sponsored by that party or is an independent candidate, presents himself as such and complied with the requirement for an independent candidate as prescribed by an Act of the National Assembly.

The candidate must also have been educated up to at least School Certificate level or its equivalent.

The lawmakers in Bill number 64 also seek to alter the provision of section 34 of the constitution which deals with the dignity of the human person by defining what constitute torture, inhuman and degrading treatment.

The bill creates a new subsection which ban security agencies from parading persons arrested for any form of crime until they are charged to court.

Section 34 (1) of the Constitution states that, “Every individual is entitled to respect for the dignity of his person, and accordingly – (a) no person shall be subjected to torture or to inhuman or degrading treatment; (b) no person shall he held in slavery or servitude; and (c) no person shall be required to perform forced of compulsory labour.”

The new amendment states that, “For the purpose of subsection (1) (a) of this section, “torture, inhuman or degrading treatment” includes parading persons arrested by the police or any other law enforcement agency in the public.”

In the same vein, Bill number 38 seeks to put an end to issues of indigeneship in the court by setting conditions for citizenship of the country and of any particular state in the country.

The Bill seeks to amend section 31 of the Constitution which states that, “for the purposes of this Chapter, a parent or grandparent of a person shall be deemed to be a citizen of Nigeria if at the time of the birth of that person such parent or grandparent would have possessed that status by birth if he had been alive on the date of independence; and in this section, “the date of independence” has the meaning assigned to it in section 25 (2) of this Constitution.

The bill created new subsections “(2) – (5)” which set the conditions to be met to become a citizen.

The subsection states that “a citizen of Nigeria is an indigene of a State if he – (a) was born in that State; (b) has lived in that State for a continuous period for at least ten years; (c) can show evidence of residency in a Local Government Area of that State for a continuous period for at least ten years; or (d) has evidence of tax payment returns issued in that State for at least ten years.”

Subsection 3 states that, “A person under subsection (2) of this section is entitled to apply to the Local Government Chairman for a certificate of indigeneship of a State.”

Also, Subsection 4 states that, “A woman who is married to an indigene of a State different from her State of origin for at least five years becomes an indigene of that State and is entitled to all rights and privileges of an indigene of that State in cases of employment, appointment or election into any political or public office.”

In taking cognizance of discriminatory practices that may work against the woman, the Bill provides some protection for the women in subsection 5 that, “In the case of divorce or death of a spouse, a woman remains an indigene if (a) there were children born of the marriage or not; or (b) she elects to remain an indigene of that State”.

The bill will also alter the provision of section 318.

By Okodili Ndidi, Abuja and Ernest Nwokolo, Abeokuta

• Commission warns parties over primaries, nomination of candidates

• Parties must hold primaries between April 4 and June 3

• Atiku boasts of picking PDP presidential ticket

The political tempo rose sharply yesterday as the Independent National Electoral Commission (INEC) rejigged its time table for the 2023 elections.

The elections will now take off with the Presidential and National Assembly elections on Saturday, February 25, 202, a week later than the February 18 date originally scheduled for it.

The governorship and state houses of assembly elections will follow two weeks later on Saturday, 11th March 2023, INEC Chairman Mahmood Yakubu said in Abuja.

The announcement came 24 hours after President Muhammadu Buhari signed the Electoral Bill 2022 into law.

Former Vice President Atiku Abubakar yesterday advised the nation’s youths to compete with elders for elective offices in 2023 rather than seek to deny them their constitutional rights to pursue their presidential ambition.

INEC, which is saddled with the responsibility of overseeing or implementing much of the Electoral Act, held what it called an extraordinary meeting on the development yesterday.

Speaking at a press conference shortly after the meeting, Yakubu said the Commission decided to adjust the dates of the 2023 general election to ensure compliance with the provisions of the new law.

The notice of the elections will be published tomorrow, Monday, February 28, as required by law.

According to the refreshed election time table campaign for the presidential and National Assembly election by political parties will commence on Wednesday, September 28, 2022.

Conduct of party primaries, including the resolution of disputes arising from them are expected to take place between Monday, April  4, 2022 and Friday, June 3, 2022.

Submission of nomination forms to INEC via the online portal for Presidential and National Assembly election is scheduled for 9.00 am on Friday 10th June, 2022 to 6.00 pm on Friday 17th June, 2022, while submission of nomination forms to INEC via the online nomination portal for governorship and state assembly elections will run from 9.00am on Friday, 1st July, 2022 to 6.00pm on Friday, 15th July, 2022.

Campaign by political parties for Presidential and National Assembly election will run between Wednesday, 28th September, 2022 and Thursday, 23rd February, 2023 while that for governorship and state assembly elections will take place between Wednesday, 12th October, 2022 and midnight of Thursday, 9th March, 2023.

On the newly signed Electoral Act, Yakubu said: “As you are aware, yesterday, Friday 25th February, 2022, the President of the Federal Republic of Nigeria signed the Electoral Bill 2022 into law.

“This is historic, being the fourth time since the restoration of democracy in Nigeria in May 1999 that the Electoral Act was repealed and re-enacted.

“The 1998-1999 elections were administered by transitional decrees until the 2001 Electoral Act was passed into law.

“Then the Act was repealed and re-enacted as the Electoral Act 2002 which was in turn repealed and re-enacted in 2006, 2010 and now we have the 2022 Electoral Act.

“You may recall that in 2017, the Commission decided to establish fixed dates for general elections in Nigeria.

“This decision was based on our determination to create certainty in the electoral calendar and to enable all stakeholders in the electoral process (the electoral commission, political parties and candidates, security agencies, observers, the media, etc) to prepare adequately for elections.

“By that decision, presidential and National Assembly elections shall hold on the third Saturday of the month of February of each general election year, while governorship and state houses of assembly elections shall follow two weeks later.

“Consequently, the 2023 general election was scheduled to commence on 18th February, 2023 with the presidential and National Assembly elections, followed by the governorship and state houses of assembly elections on the 4th of March 2023.

“However, the Commission could not release the detailed Timetable and Schedule of Activities for the General Election, as it normally would, because of the pending enactment of the Electoral Act 2022.

“The Bill has now been signed into law.

“Therefore, the Electoral Act 2022 together with the Constitution of the Federal Republic of Nigeria 1999 (as amended) form the legal basis for conducting all elections in Nigeria.

“In particular, the Electoral Act provides strict timelines for the implementation of electoral activities based on the date of the general election.

“One of the significant timelines is the publication of Notice of Election not later than 360 days before the day appointed for holding an election, which has now lapsed for the 2023 general election.

“Consequently, the Commission has decided to adjust the dates of the 2023 general election to ensure compliance with the provisions of the new law.

“Accordingly, the Presidential and National Assembly elections will now hold on Saturday 25th February, 2023 while the governorship and state houses of assembly elections will hold two weeks later on Saturday 11th March, 2023.

“With this adjustment, the 2023 general election is now 363 days away.

“Under the law, there are critical time-bound activities from the publication of Notice of Election to the Conduct of Polls which form the Timetable and Schedule of Activities for elections. Some of the critical activities and their dates of implementation are as follows:

“With the coming into force of the Electoral Act 2022, the Commission will work assiduously to conclude and publish new Regulations and Guidelines for the Conduct of Elections that are consistent with the Act.

“These regulations and guidelines as well as manuals issued by the Commission are all part of the legal regulatory framework for elections. Their timely publication will enable all stakeholders in the electoral process to become conversant with their provisions as they prepare for the 2023 General Election.

“On this note, I wish to remind stakeholders, especially the political parties, of their responsibility to adhere strictly to the timelines in this Timetable and Schedule of Activities, as well as all other timelines established by the Commission.

“It is necessary that all political parties comply with the extant legal framework, ensure proper organisation and management of party primaries and the nomination of qualified candidates in order to prevent unnecessary litigations and rancor.”

Responding to a reporter’s question, Yakubu, said apart from the rescheduling of the election dates, the new law does not impose extra cost on the conduct of the 2023 general elections.

Buhari, in accenting to the law on Friday, said it had the potentials of revolutionising the electoral process in the country even though he asked the National Assembly to amend the law by removing Section 84 (12).

This section, according to him, contravenes the rights of political office holders to vote or be voted for at political party conventions and congresses.

Presidency 2023: Atiku boasts of picking PDP presidential ticket

Former Vice President Atiku Abubakar yesterday expressed confidence that he would pick the presidential ticket of the People’s Democratic Party (PDP) for next year’s general election.

He also advised the nation’s youths to compete with elders for elective offices in 2023 rather than seek to deny the latter the constitutional right to pursue their presidential ambition.

Atiku who was the presidential candidate of the Peoples Democratic Party (PDP) in 2019, said the electoral field is also opened to the younger ones to compete.

The Turaki Adamawa spoke while fielding questions from newsmen after a closed door meeting with his erstwhile boss, former President Olusegun Obasanjo, in the latter’s penthouse within the sprawling Olusegun Obasanjo Presidential Library (OOPL), Abeokuta, Ogun State capital.

The former Vice President, who arrived at OOPL at 10.10 a.m., went into a private meeting with his host, saying “I came to see my boss.”

He, however, was silent on what was discussed during their about an hour long meeting.

“We will let you know when I declare. We will give a formal announcement. Have I ever failed to get the ticket? Let the youths compete with the elders. It is competition. It is democracy,” Atiku said.

He later proceeded to the palace of the Alake of Egbaland, Oba Adedotun Gbadebo, in Ake, Abeokuta where he reminisced on his relationship with the people of Ogun State and Egbaland in particular.

Although Atiku did not speak about his political ambition at the palace, the revered monarch prayed that God would grant him his heart desires.

The Inspector-General of Police (IGP), Usman Baba, has ordered the posting of Assistant Inspector-General of Police, (AIG) Bala Senchi, as Ag. Deputy Inspector General (DIG) Department of Operations, Force Headquarters, Abuja and DIG representing North-West Geo-political zone.

The IGP equally ordered the redeployment of AIG Ali Janga, AIG Bala Ciroma and AIG Ndatsu Mohammed to AIG Police Mobile Force (PMF), AIG Federal Operations (FEDOPS), and AIG Zone 7 Abuja, respectively.

Baba said the posting/redeployment of the senior officers was due to the vacuum occasioned by the retirement of Zaki Ahmed, the DIG representing the North-West Geo-political zone and immediate past DIG in-charge of Operations, and AIG John Abang, AIG PMF, after the completion of their statutory years of service.

According to a statement issued yesterday by the Acting Force Public Relations Officer, CSP Olumuyiwa Adejobi, “the new Deputy Inspector-General of Police, Operations, Ag. DIG Bala Zama Senchi, a consummate police officer, holds a BA in History.

“The Kebbi State born cop has held many command positions including the Commissioner of Police, Police Staff College, Jos and Jigawa Police Command.

“Until his recent promotion/posting, he was the Assistant Inspector-General of Police in-charge of Community Policing, Force Headquarters, Abuja.

“AIG Ali Aji Janga, psc, mni, who takes charge of the mantle of leadership of the Police Mobile Force, holds a Bachelor of Laws Degree from the University of Maiduguri.

“A Member of the National Institute of Policy and Strategic Studies (NIPSS), AIG Ali Janga has attended several professional courses/workshops.

“The Borno born Police Officer has held several strategic positions in the past. These include: Assistant Inspector-General of Police in-charge of Zone-10 Sokoto; Commissioner of Police Police Mobile Force, Federal Operations and Kogi Command amongst others.

“Until his recent posting as the AIG in-charge Police Mobile Force, he was the AIG in-charge of Department of ICT, Force Headquarters, Abuja.

“In the same vein, AIG Bala Ciroma, who takes over the duties and responsibilities of the office of AIG FEDOPS, Department of Operations, Force Headquarters Abuja, was appointed into the Nigeria Police Force on 3rd March, 1990, holds a Bachelor of Science Degree in Geography from the University of Maiduguri and a Post Graduate Certificate in Corruption Studies from the Honk Kong University. He is a Member, Certified Fraud Examiners.

“Prior to his posting as AIG FEDOPS, he was the AIG Zone 7, Abuja. He has also served as the Commissioner of Police FCT Police Command and Head of Operations Economic and Financial Crimes Commission (EFCC), amongst others”.

Adejobi went further that “AIG Ndatsu Aliyu Mohammed, who has been redeployed to supervise Police activities in Zone 7, Abuja, holds a bachelors degree in Political Science and Sociology from the Bayero University Kano and member of the National Disaster Management Board.

“AIG Ndatsu Aliyu has attended several professional courses/workshops both in Nigeria and abroad.

“The Abuja born Police Officer has held several command positions in the past. These include: Commissioner of Police, Anti-Fraud Section, Force Criminal Investigations Department, Abuja; Commissioner of Police, Enugu and Borno Police Commands amongst others. Until his recent posting as the AIG Zone 7, Abuja, he was the AIG in-charge of FEDOPS, Force Headquarters, Abuja.”

The IGP charged the senior officers to bring their vast experiences and professionalism to bear in the leadership of their respective Departments/Command so as to enhance the ongoing drive at repositioning the Force for improved service delivery.

He said the postings/redeployments are with immediate effect.