Introduction
Since the restoration of democratic rule on 29th May, 1999, there has been agitations by diverse groups of Nigerians to amend the 1999 Constitution relative to some provisions that are seen not to be in harmony with the aspirations of the generality of the people in order to accelerate the country’s social, political and economic development. Series of conferences were held in an attempt to amend the Constitution. The first of the series of conference commenced in 2001 with the setting up of the Presidential Committee on the Review of the Constitution, with a view to expunging the provisions that were considered to be contradictory to the tenets of democracy and federalism, but the panel could not complete its assignment before the end of the Legislative session.
In 2005, President Obasanjo set-up the National Political Reform Conference aimed at amending the Constitution. At the same time, the National Assembly set up a Joint Committee on Constitution Review under the Chairmanship of the then Deputy Senate President. These twin efforts failed to amend the Constitution because of the acrimony and rumpus engendered principally by the proposal for tenure elongation, otherwise known popularly as “Third Term Agenda”.
On the 20th November 2008, a Joint Committee on Constitution Review of the National Assembly was constituted by the leadership of the NASS, to organize separate programme on the Constitutional amendment process by the two chambers with a view to harmonizing their positions for a unified set of issues and areas needing Constitutional reform. Since then, the 1999 Constitution had been altered (amended) five times between 2010 and 2023.
Issues Raised and Areas Amended
The major highlights of the issues considered for review include: State and Local Government Creation and their Autonomy; Roles of Traditional rulers and the Establishment of National Advisory Council of Chiefs; Immunity of Certain Public Officers; Tenure of some Elected Public Officers; Electoral Law Amendment; Revenue Sharing and Derivation Formulas; Resource Control; Rotation of Presidency; Devolution of Power; Residency Rights of Nigerians; Equal Number of States in the Geo-Political Zones; Status of Independent Political Candidates; Review of the Exclusive Legislative List and justiciability of Chapter Two on Fundamental Objectives; Federal Character System; Fiscal Independence of the Judiciary and the Legislature.
The major highlights of the areas amended/altered in the 1999 Constitution under the first, second and third alterations (2010 to 2011) were:
Under the First Alteration, 2010: The financial autonomy granted to the NASS, the Judiciary and the NEC; Disqualification for indictment by judicial administrative panel of enquiry; Recall of members of the Senate and House of Representatives and verification of signature by INEC; Ascertainment of population; Time of Election to NASS and State Houses of Assembly; Tenure of Office of the President and Governor in case of Re-Run Election; Acting President or Governor during temporary absence of the President or Governor; Qualification for membership of INEC and SIECS; Powers and Procedures of INEC; Powers of the NASS with respect to political parties; Deletion of Interpretation of the Word “Association”; Extension of Appellate Jurisdiction of the Supreme Court to Governorship Election Petition Appeals; Extension of the Original Jurisdiction of the Court of Appeal to Governorship Election Petitions; Renaming of National and State Assembly Election Tribunals; Extension of the Jurisdiction of the Federal and States High Courts Election Tribunals; and Alterations to the 2nd and 6th Schedules to the Constitution.
Under the 2nd Alteration (2011) Areas Amended were: The new timelines for the conduct of national elections by INEC; Appellate Jurisdiction of the Supreme Court; Original and Appellate Jurisdictions of the Court of Appeal; Establishment of Election Tribunals and Time for Determination of Election Petitions;
Under the 3rd Alteration (2011) Areas Amended were: The Establishment Position, Jurisdiction, Powers, Appointment of President and Judges of the National Industrial Court of Nigeria.
Under the 4th Alteration (2018) the Amendments Focused on: Financial Autonomy to State Legislatures and Judiciaries; Sufficient Time to INEC to conduct bye-Elections and Provide grounds for de-registration of political parties; Restriction of tenure of the Vice-President and Deputy Governor to complete the term of the elected President or Governor from being elected to the same office for more than a single term; Time for determination of pre-election matters; and reduction of Age for Elective Offices of President, House of Representatives and State Houses of Assembly (excluding that of the Senate and Governor).
Under the 5th Alteration (2023) the Amendments Focuses on the following: Change and Correction of names of Seven Local Government Areas of Afikpo, Kunchi, Egbado, Atigbo and Obia/Akpor; Financial Independence of State Houses of Assembly and State Judiciaries; Regulating the First session and Inauguration of Members-Elect of the National and State Houses of Assembly; deletion of the reference to the provisions of the Criminal Code, Penal Code, Criminal Procedure Act and Code or the EXidence Act; Excluding the period of intervening events in the computation of the time for determining pre-election petitions, election petitions and appeals; post-call qualification of the secretary of the National Judicial Council; deletion of the item “Prison” in the Exclusive Legislative list and redesignating it as “Correctional Services” in the Concurrent Legislative List; Movement of the Item “Railways” from the Exclusive Legislative List; allowing States to generate, transmit and distribute electricity in areas covered by the national grid; requirement of the President and Governors to submit the names of persons nominated as Ministers or Commissioners within sixty days of taking the oath of office for confirmation by the Senate or State House of Assembly; Correction of the error in the definition of the boundary of the FCT Abuja; Requiring the Government to direct its policy towards ensuring the right to food and food security in Nigeria; and ensuring uniformity in the retirement age and pension rights of judicial officers of superior courts of records.
Key Issues and Areas for Review by the 10th National Assembly
First, the 10th NASS should revisit the reasons why former President Buhari rejected or withheld his assent on 19 out of 35 bills presented to him by NASS in order to address the shortcomings or controversial clauses in them for possible re-consideration.
Second, the issue of enforcing compliance of remittance of accruals into the Federation Account and review of Revenue Allocation Formula under section 162 and Part 1 of the third schedule to the Constitution is critical to rebound the ailing economy.
NB: Hence Fifth Alteration Bill No. 39 needs to be revisited to empower the Revenue Mobilization Allocation and Fiscal Commission to enforce compliance with the remittance of accruals into and disbursement of revenue from the Federation Account as well as streamline the procedure for reviewing the Revenue Allocation Formula.
Third, the omission of creating a multi-layered policing for a more efficient security umbrella is grave, despite the magnitude of the security threats confronting the nation. Hence, the Constitution should be amended to allow for the creation of State and Community Policing.
Fourth, related to insecurity challenges and the need to combat them at multi-layered levels, requires also amendment to the Constitution to move Finger Prints Identification and criminal records from the overloaded Exclusive Legislative List to the Concurrent Legislative List.
NB: This proposal will aid in the effective implementation of both the Administration of Criminal Justice Act and the various States Administration of Criminal Justice Laws.
Fifth, geographical restructuring of Local government System is sacrosanct to save Nigeria’s to lingering political contraption. The current system in which 774 Local Government Areas (LGAs) are part of the Constitution, is anti-federalist. States should have the sole legal power to create and oversee Local Government as they deem fit subject to a laid down constitutional procedure. Hence, the Constitution should be amended to empower States to create and oversee LGAs
Sixth, the need to give teeth to justiciability/ enforceability in domestic courts of the provisions of Chapter 2 on Fundamental Objectives of the Constitution.
NB: This requires amendments to sections 16(2)(d) to upgrade the Rights to food and food security, shelter and social security to chapter 4 on fundamental rights; amend section 17(3) to upgrade the Rights to Work and Health to chapter 4 on Fundamental Rights; amend section 18 to upgrade the Right to Education to chapter 4 on Fundamental Rights; amend section 20 to upgrade the Right to a healthy and clean environment to chapter 4 on Fundamental Rights.
It is hoped that these proposals will go far in dousing attention in the polity, rekindle hope for Constitutional Federalism and project social and Economic Rights as Fundamental Human Rights needing both effective promotion and Protection as pro-poor strategies for sustainable development in Nigeria.
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