Senators yesterday introduced a novelty into Nigeria’s Constitution amendment process by conferring immunity on themselves.
If the amendment sails through, Senators and other lawmakers at both the federal and state levels like the President and Governors would enjoy immunity from prosecution.
During the debate on the report of the Conference Committee on Review of the Constitution, the Senators accepted independent candidacy for future elections and strengthened the administration of local governments in Nigeria by providing for their funding, tenure, elections, and clearly delineated their powers and responsibility as well as insulated them from undue interference from state governments in amendment to the 1999 Constitution
Other provisions adopted by the committee and accepted by Senate include granting immunity on legislators in respect of words spoken or written in the exercise of their legislative duties.
They amended section 9 of the constitution by enhancing the sovereignty of the citizens through their elected representatives by removing the need for presidential assent in constitution alteration exercise. They also replaced the word ‘Act’’ wherever it appears with the word ‘’Bill’’.
They also amended section 45 by enshrining the right to Education and the right to Health, as Fundamental Rights in the constitution
as well as Section 50A and 92A which establishes the National Assembly Service Commission and State House of Assembly Commission.
Section 58 and 100 resolved the impasse where the President or Governor of a state neglects to signify his assent or withholds such assent.
Section 59 authorises the President of the Senate to convene a joint meeting of the National Assembly to reconsider a money bill where the President withholds his assent.
Section 67 makes it mandatory for the President to attend a joint meeting of the National Assembly once a year to deliver a state of the nation address.
Section 81 provides for the funding of the Office of the Auditor-General of the Federation, Office of the Attorney-General of the Federation, National Security Agencies, The Nigerian Police, The Revenue Mobilization and Fiscal Commission, directly from the Consolidated Revenue Fund of the federation.
Section 82 and 122 reduces the period within which the President or Governor of a state may authorise the withdrawal of moneys from the Consolidated Revenue Funding in the absence of an Appropriation Act from six to three months.
Section 84(4) (A-F) creates offices of the Accountant-General for the Federal Government, while Section 89 and 129 empowers the National Assembly and the State Houses of Assembly, respectively, to prescribe sanctions, civil or criminal or both for failure, refusal or neglect to obey summons issued by a legislative house or a committee of any of the Houses.
Section 121 engenders accountability and efficient service delivery by providing for the funding of the State Houses of Assembly, Auditor-General of the State and the Attorney-General of a State directly from the state Consolidated Revenue Fund.
Section 124, which is a consequential provision of the making of the Local Government a full tier government, creates the office of the Auditor-General of the local government as well as the state government service commission. This section deletes the State Independent Electoral Commission.
Section 134 and 179 extends the time for conducting presidential or governorship re-run election to 21days instead of the 7days for both presidential and gubernatorial elections.
Section 174 and 211 establishes the office of the Attorney-General of the Federation and Attorney-General of a state as distinct from Minister of Justice and Commissioner of Justice.
Section 225 empowers INEC to deregister political parties for non-fulfillment of certain conditions such as breach of registration requirements and failure to secure/win, either a presidential, governorship, Local Government Chairmanship or a seat in the National Assembly or State Assembly.
Section 228 confers powers on the National Assembly to make laws for the procedures, guidelines and qualifications for access to the ballot by political parties and independent candidates.
Section 241 provides that a court or tribunal shall not stay any proceedings on account of any interlocutory appeal.
Section 251 confers exclusive jurisdiction on the Federal High Court for trial of electoral offences.
Section 285 provides for time for determination of pre-election matters establishment of local government election tribunals and time for determination of election petitions. In particular, it provides that where a force majeure occurs, the period of the force majeure shall not be counted in the computation of the 80 days for the purpose of determining election petitions
The also removed pension matters, railways, stamp duties and wages from the Exclusive List.
The lawmakers included in the concurrent list arbitration, environment, health, housing, railways, road safety, stamp duties, wages, land and agriculture and youths.
However the amendments still need two-third (24) States of the Federations’ Houses of Assembly assent before they can become Law.
Source: Nigerian Pilot
