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Tag: Constitution amendment

  • Constitution: Jonathan, NASS agree to settle dispute

    Constitution: Jonathan, NASS agree to settle dispute

    President Goodluck Jonathan and the National Assembly have agreed to an amicable resolution of the dispute between them in relations to the last amendment to the Constitution.

    Lawyer to Mohammed Adoke (SAN), Attorney General of the Federation (AGF), who sued for the President, Bayo Ojo (SAN) and lawyer to the National Assembly, Adegboyega Awomolo (SAN) confirmed before the Supreme Court today that parties met on Tuesday and agreed to some concessions.

    They were silent on the nature of the concessions made by parties. They said terms of settlement will be endorsed by parties later on Wednesday and filed before the court, following which parties will be free to make details of the resolution public.

    When the case was called, Ojo and Awomolo informed the court that parties met the previous day and made some concessions.

    Ojo, who said the outcome of the meeting was yet to be communicated to the President by the AGF, and sought time for parties to finalise the terms of settlement and present it before the court for adoption, disagreed with Awomolo, who wanted the court to strike out the case outrightly, since parties have agreed to an out of court settlement.

    Ruling, the Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, who led a seven-man panel that is hearing the case, directed parties to file the terms of settlement by 4pm today and adjourned till then.

    The President had withheld his accent to the Fourth Constitution Alteration Bill 2015, passed few months ago by the National Assembly and presented to him.

    He hinged his refusal to sign the Bill on the ground that the procedure adopted by the Legislature for the passage was faulty.

    He also queried some new provisions in the amended Constitution, which he felt were capable of reducing the power of President and conferring undue privileges on the Legislature.

    Moved by threat by the National Assembly to override his veto, the President, acting through the AGF, filed the suit, asking the court to among others, declare the Fourth Constitution Alteration Bill unconstitutional and illegal.

  • Senate stops Constitution amendment

    Senate stops Constitution amendment

    After over two hours closed door session, the Senate on Wednesday halted the Fourth Alteration of the 1999 Constitution.

    The action of the Upper Chamber may have finally nailed the coffin of the controversial review of the 1999 Constitution.

    Senate Leader, Victor Ndoma-Egba, told reporters after plenary that the Senate would challenge the ex parte order of the Supreme Court on the issue.

    The Senate had planned to override the veto of President Goodluck Jonathan on the amendment of the Constitution.

    Like what it did on Tuesday, the Senate also listed the first reading of the Bill on Constitution amendment as its first business for Wednesday.

    It was listed against the Deputy Senate President and Chairman of the Senate Ad hoc Committee on the Review of the 1999 Constitution, Ike EKweremadu and 46 others as sponsors.

    But the Senate met at a closed session where it resolved to abort further alteration of the Constitution.

    However, indication that the Senate would not make good its threat to override the President’s veto emerged on Tuesday when it suddenly stood down the bill which was already listed on the order paper for the day.

    Ekweremadu, who presided over Tuesday’s plenary, had hinted that the action became necessary due to the scanty number of lawmakers in chamber.

    However, The Nation gathered that the leadership of the upper chamber had been put under intense pressure to rescind its decision.

    The closed session was meant to allow the leadership of the Senate to seek appropriate legal advice as to the likely implications of its proposed action.

  • Constitution: Senate’s bid to over ride Jonathan’s veto suffers setback

    Constitution: Senate’s bid to over ride Jonathan’s veto suffers setback

    The attempt by the Senate to over rider the veto of President Goodluck Jonathan to the Fourth Alteration of the 1999 Constitution suffered a setback on Tuesday.

    Although the first reading of the Bill on “Constitution of the Federal Republic of Nigeria (Fourth Alteration) Act 2015” was listed on the Senate Order Paper, the planned first reading could not hold.

    The item listed as first Business of the day had Deputy Senate President, Ike Ekweremadu and 46 others as sponsors.

    Ekweremadu is Chairman, Senate ad hoc committee on review of the 1999 Constitution (as amended).

    Without offering any explanation, Senate Leader, Victor Ndoma-Egba, moved a motion that the first reading of the controversial Constitution amendment Bill be deferred to another legislative day.

    The first reading of the Bill which had been passed by the two chambers of the National Assembly would have marked the beginning of the process to over ride the President’s veto by the upper chamber.

    The National Assembly had, on Monday, gazetted the Fourth Alterations of the Constitution to pave the way to over ride President Jonathan’s veto.

    The Gazetted copy of the Fourth Alterations of the Constitution obtained by our correspondent is entitled: “ National Assembly Journal No 06 vol.12’ dated 6th May, 2015 with Long Title: “A Bill for an Act to further alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999, and for other related matters.”

    It is listed as “Bill No SB 548” and contained all the alterations of the Constitution adopted and passed by the National Assembly.

    Gazetting of the document is preparatory to a fresh passage of the Bill after it must have scaled first, second and third readings in line with legislative practice.

    It is not clear at press time why the slated first reading of the Bill was stepped down.

    While a source said the absence of Senate President, David Mark, in the chamber might have informed the action of the Senate on that matter, another source told our correspondent that “intense pressure is being mounted on the National Assembly from outside to reconsider the move to over ride Mr. President’s veto.”

    The source added that “ some highly placed Nigerians have been making frantic efforts to convince the National Assembly to take a second look at the reasons Mr. President gave for withholding his assent.”

  • Constitution: Jonathan files fresh application in Supreme Court

    Constitution: Jonathan files fresh application in Supreme Court

    … Asks court to restrain NASS on amendment

    President Goodluck Jonathan has intensified his effort to prevent the National Assembly from overriding his veto on the amendment of the Constitution.

    The President, through the Attorney General of the Federation (AGF) has applied to the Supreme Court for an injunction restraining the lawmakers from acting on the amendment – the Fourth Alteration Act 2015 – pending the determination of an earlier suit he filed, urging the court to declare the amendment unconstitutional.

    The President in the substantive suit (also filed by the AGF), argued that  the purported Fourth Alteration Act 2015 was not passed with the mandatory requirement of four-fifth majority of members of the National Assembly and the mandatory due processes provided for under the relevant sections of the Constitution.

    Part of the President’s prayers in the main suit is that the Supreme Court nullifies and sets aside sections 3, 4, 12, 14, 21, 23, 36, 39, 40, 43 and 44 of the Fourth Alteration Act, 2015 purportedly passed by the National Assembly.

    In the fresh application for interlocutory injunction, the President urged the apex court to restrain the lawmakers from carrying through their threat to override his veto, even with the pendency of the substantive suit.

    Among the grounds on which the applicant hinged the application was that the National Assembly was determined to proceed with passing the constitution by overriding the veto of same despite the fundamental nature of the issues raised against it.

    No date has been fixed for hearing in the case.

  • Senate to Jonathan: Return rejected amended constitution

    Senate to Jonathan: Return rejected amended constitution

    The Senate on Thursday called on President Goodluck Jonathan to return to it the rejected Constitution Amendment Bill complete with the signature page.

    The call followed the Senate’s resolution on the matter which mandated the Senate President to formally write a letter to Jonathan to demand the immediate return the rejected Bill.

    It could be recalled that Jonathan had written a letter to the Senate detailing reasons why he cannot accent to the amended Constitution which had cost taxpayers about N4billion for both chambers and the 36 states House of Assembly to carry out the amendment exercise.

    The resolution followed a motion on personal explanation moved on the floor of the Senate by the Deputy Senate President, Ike Ekweremadu.

    Ekweremadu who is also the Chairman of the Senate Adhoc Committee on the review of the 1999 Constitution, told the Senate that a two day retreat called by the committee to appropriately study Mr. President’s rejection letter and report back to the Upper Chamber had to be suspended when it was discovered that the amendment Bill did not accompany the President’s letter.

    Ekweremadu said: “We slated to have a two-day retreat to consider the letter and advise the Senate appropriately.

    “In the course of our sitting, we noticed that in the second to the last paragraph of that letter, the President said he was returning the Bill with the letter.

    “Unfortunately, the Bill was not returned with the letter and we could not proceed because we would like to see the returned bill.”

    He added: “The committee has asked me to raise this point and to request the President of the Senate, to ask the President of the Federal Republic of Nigeria to send back the original copy of the bill sent to him especially the signature page to enable us to proceed with our work.

    “Especially since he had indicated in his own letter that the letter was accompanied by the Bill, so we would like to have the bill in its original form, especially the signature page.”

    Senate President, David Mark, in his remarks said he would act on the resolution of the Senate and write formally to the President to return the Bill to the Senate “within the earliest possible time.”

    Mark said: “It is a personal explanation so there will be no need to put it to debate. I think the important thing is that if the floor accepts that I send that letter then I will write a letter to Mr. President to return the original copy of the Bill to us.

    “This was referred to your committee, so if that is the decision of the committee then we have little or no option on the floor here.

    “There is a bit of urgency on this so in writing that we should have it at the earliest possible time, we cannot put a time frame like `within two days or three days’ that would not be correct. The motion as it is a correct motion without the time frame.”

     

  • Constitution amendment: NUJ supports LG autonomy

    Constitution amendment: NUJ supports LG autonomy

    The Nigeria Union of Journalists (NUJ) Zone-B, has advocated autonomy for the third tier of government in Nigeria in the on-going amendment of the 1999 Constitution.

    According to a statement in Akure on Thursday by Mr. Dele Atunbi, Vice-President of the zone, granting of autonomy to the local government is in the spirit of true federalism.

    “Local government autonomy will bring about rapid transformation at the grassroots, unlike the present situation of stunted growth and inaction.

    “Grassroots development will reduce tremendously rural urban drift and congestion in our city centres.

    “Reduction in rural urban drift will equally reduce organised crimes in the country and ensure the success of the youth in agriculture programme of the Federal Government.

    “This will in turn bring about food security as well as generate more activities at the grassroots,” the statement said.

    The union decried a situation whereby only two out of the three tiers of government enjoyed autonomy, saying “this development is inequitable as what is good for the goose is equally good for the gander”.

    According to the statement, the current situation has given the second tier of government an undue advantage of meddling into the funds of the third tier without any meaningful development in the rural areas.

    “The development has equally incapacitated the third tier from performing its constitutional duties to the people.

    “We, therefore, call on patriots to step up advocacy on local government autonomy in the interest of the country,” the union said.

  • Senate abolishes presidential assent for Constitution amendment

    Senate abolishes presidential assent for Constitution amendment

    If the clause is endorsed by President Goodluck Jonathan, presidential assent will no longer be required to amend any section of the Constitution.

    This is one of the highlights of the conference report on the review of the 1999 Constitution adopted by the Senate Tuesday.

    The upper chamber adopted the report wholesale without debate.

    The lawmakers noted that the provision “enhances the sovereignty of the citizens through their elected representatives by removing the need for presidential assent in constitution alteration exercise while “it also replaces the word “Act” wherever it appears with the word “Bill.”

    Apart from abolishing presidential assent in constitution alteration the lawmakers also adopted the use of referendum for state creation.

    The Senate adopted the provision which confers immunity on legislators in respect of words spoken or written in the exercise of their legislative duties.

    The lawmakers strengthened the administration of local governments in the country by providing for their funding, tenure, election and clearly delineated their powers and responsibilities to ensure effective service delivery as well as insulated them from undue and counter-productive interference from state governments.

    They approved the Right to Education and the Right to Health, as fundamental Rights in the Constitution as well as adopted the establishment of the National Assembly Service Commission and State House of Assembly Commission to be enshrined in the constitution.

    The lawmakers altered Section 59 of the Constitution by voting to bypass the President if he fails to sign a bill presented to him within 30 days.

     

     

  • Senate votes on Constitution amendment Wednesday

    The Senate on Tuesday said it would vote on new amendments to the Constitution Wednesday.

    The vote is coming two months after the upper chamber suspended the exercise as a result of controversy.

    The outrage was due to a clause that sought to empower the President to initiate the Constitution amendment process.

    Specifically the proposal sought to amend Section 3 (b) of the Constitution which deals with how a new constitution can be initiated.

    The Chairman on the Review of the 1999 Constitution, Senator Ike EKweremadu, had explained  before withdrawing the controversial proposal “that Section 9 of the first Alteration Bill provided for how a new Constitution can come into being through the National Assembly.

    “The aim of this insertion is to make provision for the President in addition to the National Assembly to initiate the process of a new constitution.”

    EKweremadu, however, announced on Tuesday that the Senate would on Wednesday vote on the other proposed amendments that were not considered before the previous withdrawal.

    Some of the proposed amendments to be voted on include: The alteration of Section 68 and 109 to mandate the Clerk of the National Assembly and the Clerks of States Houses of Assembly to notify the Independent National Electoral Commission in writing within seven days of the existence of a vacancy arising from death, resignation or defection of a member of the National Assembly or a member of the State House of Assembly respectively.

    Alteration of Section 134 and 179 which aims to extend the time for conducting presidential and governorship re-run election  from seven days to 21 days as contained in Clause 4 and 5.

    The INEC is seeking for an extension of the seven days to 21 days after results have been announced.

  • Constitution amendment: Proposal divides Senate

    Constitution amendment: Proposal divides Senate

    There was a sharp disagreement among senators yesterday following the consideration of new proposals to further amend the Constitution.

    Specifically, a new proposal, among others, seeks to empower the President to initiate the process of making a new constitution for the country.

    The Bill entitled: “Additional report of the Senate Committee on the Review of the 1999 Constitution on a Bill 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” was sponsored by the Chairman of the Constitution Review Committee, Senator Ike Ekweremadu.

    Ekweremadu, who is also the Deputy Senate President, noted that the major highlight of the new amendments is to amend Section 3 (b) of Clause 2 of the Constitution dealing with how a new constitution can be processed.

    He said: “You will recall that Section 9 of the first Alteration Bill provided for how a new constitution can come into being through the National Assembly. The aim of this insertion is to make provision for the President in addition to the National Assembly to initiate the process of a new constitution.”

    Other additional proposals, according to him are the: “Alteration of Section 68 and 109 to mandate the Clerk of the National Assembly and the Clerks of States Houses of Assembly to notify the Independent National Electoral Commission in writing seven days of the existence of a vacancy arising from death, resignation or defection of a member of the National Assembly or a member of the State House of Assembly respectively.

    “Alteration of Section 134 and 179 which aim to extend the time for conducting presidential and governorship re-run election from seven days to 21 days as contained in Clause 4 and 5. INEC is seeking for an extension of the seven days to 21 days after results have been announced.

    “Empowerment of INEC to de-register parties which fail to win presidential, governorship, chairmanship of a local government area council, or a seat in the National or States Assembly elections.

    “Conferment of exclusive jurisdiction on the Federal High Court for the trial of offences arising from, pertaining to or connected to the violation of the provisions of the Electoral Act and any other election related act of the National Assembly.

    “After our meeting with the INEC they came up with the suggestion that instead of setting up another bureaucracy that we confer the federal High Court with the powers to trial election offences.

    “To alter the Third Schedule of the Constitution in Clause 8 to include former Senate Presidents and Speakers of the House of Representatives as members of the Council of States.

    Today the Senate President and the Speaker are members but the former Senate Presidents and Speakers are not. Under the Constitution, former Chief Justices of Nigeria are members of the Council of State in addition to the serving CJN.”

    Following intense opposition to the proposal to allow the President to initiate a new constitution by Senators, Senate President David Mark called on Ekweremadu to explain the new proposals,

    He explained that: “What happened was that in July last year we came up with this view that since Section 9 did not make any provision for how a new constitution would come into being, we need to amend Section 9 in order to accommodate such possibility in the future.

    “Because as you amend the constitution, it would get to a point where you would not even know which part of the Constitution has been amended and which has not been amended.

    “So time will come in the future where we will need to put these things together into a new constitution.

    “And again the society is dynamic to note that at some point, there will be the need to have a new Constitution.

    “And we won’t be the first to do that. Other countries have done that including Kenya, Brazil and Zimbabwe.

    “So further to that we proposed an amendment to Section 9 last year on how a new Constitution can come into force and in that Constitution, we are clear in what we stated that only the National Assembly can bring about the process of a new Constitution.

    “So, but yesterday, the Committee on Constitution Review now looked at our rules in which case the President can bring about a Bill.

    “So, we felt that it is also necessary to open the door in such a way that it is not just the National Assembly that can start the process, that even the President can send a proposal for a new Constitution.

    “So in addition to the amendment which we already made in Section 9 which empowers only the National Assembly, if we leave it as it is now, the President cannot send any proposal for a new Constitution, if it is left as it is today.

    “Because we have already passed a Bill shutting the President out. So what we are doing now is to open a window so that the National Assembly or the President can initiate the process which is in accordance out the rule earlier read by the Senate Leader.”

    However, Senator Ahmed Lawan (Yobe North) rejected the proposal saying it was the exclusive preserve of the National Assembly to initiate a new constitution.

    Lawan said: “The first proposal is to the effect that the President in addition to the National Assembly can initiate the process of a new constitution.

    “This is the exclusive preserve of the National Assembly. We must not dilute the functions of the executive with that of the legislature.

    Senator James Manager (Delta South) supported the proposal saying: “An officer of the ranking of the President can also initiate it by writing to the National Assembly, presenting it as if it is an Executive Bill.

    “It will still come to the National Assembly exactly in ways and manners we have been dealing with bills, so there is absolutely nothing new in my humble view. These are very straightforward and unambiguous matters.”

    Senate Leader, Victor Udoma-Egba, while citing order 76 of the Senate Rules said it already made provision for both members of the National Assembly, the executive and private individuals to initiate bills into the National Assembly.

    Senator Ita Enang blamed the opposition to the proposal on that fact that Senators have not been given copies of the proposals to study.

    Enang said: “Many of our colleagues are hearing or seeing these proposals for the first time and not having with them the original amendment we passed, we can defer it and make those documents available to them.”

    He added that since the constitution is the grund norm in the country, it must contain all the windows and doors to enable citizens to make input from time to time. I am in agreement with the proposal that has been made.”

    Solomon Ewuga (Nasarawa North) however likened the proposal to creating a “big blunt beast to trudge on the weak in society.”

    Senator Abdul Ningi (Bauchi Central) urged the lawmakers not to allow the mistakes of the past to becloud their sense of judgement.

    Ningi said: “This is a very serious issue but we should not be captives of our fear because of our past history.

    “You recall in 2004, 2005, there was this kind of debate and at the end of the day, the then President Obasanjo submitted a proposal to the National Assembly which among others included the third term issue.

    “What happened at the end of the day, did that particular clause pass at the National Assembly? It could not have passed, because the caveat there is that you need two thirds of the National Assembly before any proposal either by the President or any other person can pass.

    Senators Adamu Gumba, Odion Ugbesia and Victor Lar also rejected the proposal that the president be allowed to initiate a brand new constitution.

    Mark, while summarising the contribution of lawmakers said: “But the question I want to ask: Is the constitution new in nomenclature or in content?

    “ Is it new just because the word new has been added to it or the content is going to be completely discarded and then a new content is brought that has nothing to do with this?

    “Because if you bring a constitution that has only one section carried forward from here, then have you written a new constitution or have you amended the old one?

    “So truly the argument is not to impress anybody but to convince many more people.”

    He said the Senate would vote on the new clauses on Wednesday.

  • Constitution amendment: National Assembly to raise harmonisation committee

    Constitution amendment: National Assembly to raise harmonisation committee

    A harmonisation committee is in the making to beat into shape proposed amendments to the 1999 Constitution, Chairman of the National Assembly Committee on Constitution Review, Chief Ike Ekweremadu, said yesterday.

    Chief Ekweremadu also said his proposal of single term tenure for the President and governors was his personal view.

    He said any Nigerian with a better contribution on the matter should feel free to make it known. Members of the Committee in the Senate and House of Representatives are opposed to Ekweremadu on the single term proposal.

    They said the Constitution Review Committees in the two chambers have already rejected the single term proposal.

    Any attempt to revisit it in any manner would be resisted, they warned.

    Ekweremadu, who was responding to our correspondent’s enquiries, said the ongoing constitution amendment process was still on course.

    He said: “We will soon set up a harmonization committee to conclude the process.

    “The single term proposal is my personal idea as a solution to the consistent succession challenge.

    “I wish anybody has a better solution.”

    Ekweremadu had said: “Yes, single term is an important issue to me. When the matter came up at the level of our committee, we were mindful of the political atmosphere. We drew inspiration from what happened in other jurisdictions.

    “It happened in Latin America in the 70s. They had a circumstance in which we find ourselves today. The issue of transition from one administration to another was a major issue and there was crisis within their region.

    “So, they started to amend their constitution at that time to create a single term in each of those countries and it was their transition period. And this now established their democracy.

    “And some of them amended their constitution to go back to two terms of four years, five years or six years. So, we thought it was something we could recommend to our country.”

    But some members of the Senate Committee on Constitution Review said Ekweremadu was on his own.

    A high-ranking Senator said: “The Deputy Senate President is on his own by trying to wake up a dead issue. We had voted against the six-year single tenure proposal but he has been trying to set a new agenda on it.

    “The reality is that we know where they are beating the single term drum. It cannot sail through in the National Assembly.”

    Another Senator said: “Some of us cannot understand the U-turn of the Deputy Senate President. It was least expected after we had taken a decision.

    “Maybe he is making noise to influence us to revisit the single-term tenure, but we won’t do that. He has been making reference to the stability in Latin America because of single term idea. But if he is sincere, is Latin America providing a model democracy for the world?

    “Let him bring the idea to the harmonization table. We will tell him that it is extraneous to the collective decision of the two chambers in the National Assembly.”

    Investigation by our correspondent revealed that the harmonization committee might look into proposals on state police, joint account by state and LGs, immunity for the President and governors and autonomy for state houses of assembly.

    A third Senator said: “We have some areas of differences which we only need to harmonise. But we hope that those in favour of single tenure will not smuggle it in through the backdoor.”