Nigeria
became an internationally recognised independent nation in 1960 and has since
then had series of constitutions in the past which include the Colonial era
constitutions (1914-1960), Independence Constitution (1960), Republican
Constitution (1963), Second Republic Constitution (1979- 1983), aborted Third
Republic Constitution (1992-1993) and the Fourth Republic Constitution (1999 to
date). The current constitution was enacted on May 29, 1999, when the Nigerian
Fourth Republic was inaugurated.
When the
Senate President, Dr. Abubakar Bukola Saraki was elected President of the
Senate on June 9, 2015, he promised that he will rigorously work with his
colleagues in the 8th Senate for the betterment of all Nigerians. His promise
reflects Thomas Jefferson’s (the third President of the United States of
America from 1801 to 1809) political philosophy. The American hero had
articulated “the best government to be that which governs least”, he was
equally convinced that “the welfare of the whole is the proper purpose of the
state”.
Saraki had
always strived to ensure that every promise he made as leader of the Senate
were kept and one of the memorable and citizen-driven steps the Senate had
taken is the timely and successful completion of the constitution review
process.
The
constitution review is very significant in a rapidly changing Nigeria. Nigeria
has reached a stage where the need for constitution review became imperative.
For any amendment of the constitution to take place, the sections proposed for
amendment must first be presented and adopted by two-thirds of all members of
both the Senate and House of Representatives. Then, two-third of the 36 State
Houses of Assembly will be needed. However, this means the endorsement by 24
state Houses of Assembly will make the proposed amendment ready for the final
stage of signing it into law by executive.
The
importance of the constitution amendment reflects in the various bills that
have been adopted by 2/3 members of the Senate and House of Representatives.
The bills if they finally become law will have a far-reaching impact on Nigeria
and will foster enormous progress and development.
The
Nigerian Senate reviewed and considered 33 BILLS from the report of the Committee
on Constitution Review led by Deputy Senate President Ike Ekweremadu. Out of
the 33 Bills that were presented, 29 Bills were adopted. The Bills presented
include:
Bill 1:
Members of the Council of State.
Bill 2:
Authorization of Expenditure.
Bill 3:
Devolution of Power.
Bill 4:
Financial Autonomy of State Legislature.
Bill 5:
Distributable account for Local Governments to have their own special account.
Bill 6:
Democratic Existence funding and tenure of Local Government Council
Bill 7:
State creation and boundary adjustment.
Bill 8:
Immunity for Legislators in Acts in course of duty.
Bill 9:
Political parties and Electoral matters: Time to conduct Bye Elections and
power to deregister parties.
Bill 10:
Presidential Assent.
Bill 11:
The time frame for the submission of Ministerial Nominees with their
portfolios.
Bill 11b:
Submission of Ministerial Nominees with their portfolios.
Bill 11c:
Thirty-Five percent (35%) affirmative action for women as ministers.
Bill 11d:
Submission of Commissioners Nominees with their portfolios.
Bill 11e:
Submission of names of office of commissioners shall be attached with
portfolios.
Bill11f:
Thirty-Five (35%) affirmative action for women as State Commissioners.
Bill 12:
Appointment of Minister from the FCT.
Bill 13:
Change of names of some Local Government Councils.
Bill 14:
Independent Candidacy.
Bill 15:
The Nigeria Police Force to become the Nigerian Police.
Bill 16:
Restriction of the tenure of the President and Governor.
Bill 17:
Establishment of Accountant General of the Federal Government different from
Accountant General of the Federation.
Bill 18:
Separation of Office of the Attorney General from the Minster/Commissioner of
Justice.
Bill 19:
Separation of the Office of Attorney General from the Minster/Commissioner of
Justice.
Bill 20:
Submissions from judiciary.
Bill 21:
Determination of pre-election matters.
Bill 22:
Consequential Amendment on Civil Defence.
Bill 23:
Citizenship and Indigeneship.
Bill 24:
Procedure for overriding Presidential Veto in Constitution Alteration.
Bill 25:
Removal of Law making powers from the Executive Arms.
Bill 26:
Investment and Securities Tribunal.
Bill 27:
Reduction of Age for Election.
Bill 28:
Authorization of expenditure time frame for laying Appropriation bill, passage,
etc.
Bill 29:
Deletion of the National Youth Service Corps decree from the Constitution of
the Federal Republic of Nigeria.
Bill 30:
Deletion of Public Complaint Acts.
Bill 31:
Deletion of the National Security Agencies from the Constitution of the Federal
Republic of Nigeria.
Bill 32:
Deletion of Land Use Act from the Constitution of the Federal Republic of
Nigeria.
Bill 33:
Deletion of State Independent National Electoral Commission (SIEC) from the
Constitution of the Federal Republic of Nigeria.
The Senate
voted to retain the Land Use Act in the constitution. The Devolution of Power
to States bill, the state creation and boundary adjustment bill and the 35%
affirmative action for women as ministers and state commissioners bill were all
rejected.
The
constitution review has opened a new chapter in the history of Nigeria and in a
democratic government where the welfare of the whole is the proper purpose of
the National Assembly, the Federal, State and Local Governments.
The 1999
constitution of the Federal Republic of Nigeria was drawn up by the military
without the involvement and participation of the citizenry and so many problems
have arisen in its implementation because of the fundamental flaws including
agitations for secession.
Saraki
promised that the 8th Senate under his leadership will review the constitution
and make necessary amendments. That promise has been kept! The Senate made
history with the constitution review exercise with the timing or content of the
exercise that was carried out with a view to making a far-reaching reform of
our political, economic and social development.
Saraki
said that through the amendments, the budget process of the Federal Republic of
Nigeria has been redefined. The issues that have held Nigeria down for many years
have been addressed. The Senate addressed the issue of saving money earned by
the Federation which has been an issue in Nigeria for many years. The fact that
as a nation, Nigeria now has a constitution that makes it paramount for the
country to save for the rainy days is a major step taken through this just
concluded amendment process. The National Assembly also by the constitution
amendment showed members’ commitment to the fight against corruption by
providing for separation and financial autonomy for the offices of the
Accountant General, Auditor-General and particularly, the Attorney General.
According
to Saraki, more importantly, the Senate has introduced constitutional
provisions that would help the judiciary to achieve timely dispensation of Justice.
With the passage of the 29 Bills, the Senate has laid a new foundation for a
new Nigeria that will be more committed, create opportunities for young people
and place Nigeria firmly among the nations of the world that are really
prepared for the next age.
Saraki,
just like Thomas Jefferson, believes that morality, compassion, generosity, are
innate elements of the human constitution that there exists a right
independence of force; that a right to property is founded in our natural
wants, in the means with which we are endowed to satisfy these wants, and the
right to what we acquire by those means without violating the similar rights of
other sensible beings; that no one has a right to obstruct another; that
justice is the fundamental Law of society; that the majority, oppressing an
individual, is guilty of a crime, abuses its strength, and by acting on the law
of the strongest breaks up the foundation of society; that a government by
representation is capable of extension over a greater surface of the country
than one of any other form.
This is a
major step to give Nigerians a workable constitution. Once the proposed
amendment bill is signed into law, Nigeria will be reborn. It will reignite the
patriotic spirit of citizens and make leaders to develop and maintain strategic
focus on their leadership trajectories for Nigeria to become one of the most
adorable countries in the world and by completing this task well ahead of 2019
elections, Saraki and his colleagues have written their names in the good side
of the history books.
By
Bamikole Omishore