This Constitution amendment is a formal change to the original text in the already written down Nigerian Constitution. A super majority is needed to amend the Constitution, after such bill has gone through an extensive and exhaustive process in both Houses, it is sent to the State Houses of Assembly where a vote of simple majority in 24 States is required for each amendment to be completed. Following this stringent process the amendment bill is harmonized by the National Assembly and a clean bill is forwarded to President for his assent. Well, in this case the President withholds his assent and proceeded to court in order to prevent the National Assembly from overriding his veto.
The Constitution amendment process in its self is a broad topic which will be dissected on this platform on later date, bringing this series to closure is the proposed amendments to human rights and other provisions.
Proposed Amendments to Human Rights Provisions
Section 42: Right to Freedom from Discrimination
Persons with disabilities are included in the category of persons who are entitled to freedom from discrimination under Constitution in the amended section 42.
New Sections 45A-B: Right to Education, Right to Health
New provisions are created to include the right to free basic education and the right to free primary and maternal.
Other Provisions
Section 306: Resignations
This amendment provides for the procedure of resignation of the Chairman, Vice-Chairman, Councilor, leader and Deputy Leader of the Local Government Legislative Council.
Section 315: Existing Law
The amendment here deletes certain provisions, which makes it possible for the President, Governor of a State or any other appointed person to modify the text of any existing law to bring it into conformity with the Constitution. This original provision was inserted as a transitional clause in the Constitution. The amendment is aimed at bringing the Constitution in conformity with the democratic process and emphasizes the lawmaking powers of the National Assembly
Section 318: Interpretation
Section 318 is altered to provide definitions for "Bye Law", "Chairman or Vice-Chairman" "Councillor", "Member", "National Securities Agencies", "Public Fund of the Federation", "Public Fund of the State" and "Supervisor"
Third Schedule, Part I: Federal Executive Bodies
There is an amendment to the composition of the Council of State to include past Presidents of the Senate, past Speakers of the House of Representative, the Minister of Justice(as against the Attorney-General) and six traditional rulers reflecting the Federal Character of Nigeria in the Council of States. Another amendment here includes that the Revenue Mobilization Allocation and Fiscal Commission is to determine the remuneration of the positions of Chairman, Vice-Chairman and Councilors of Local Councils of States.
Third Schedule, Part III: Federal Capital Territory Abuja, Executive Body
The word "Executive" is deleted from the heading of part III of the Third Schedule. Also, the "Attorney General of the Federation" is substituted with the "Minister of Justice" and two persons are included in the composition of the Judicial Service Committee of the Federal Capital Territory, Abuja; one of which must be a legal practitioner of not less than 12 years and the other not being a practitioner and opined by the President to be of unquestionable integrity. The Judicial Service Committee of the Federal Capital Territory, Abuja is also given power to appoint, promote and exercise disciplinary control over the Customary Court.
Fifth Schedule Part I, Code of Conduct for Public officers
This amendment would prevent the Chairman, Vice Chairman and Councilors of Local Government Councils, in addition to other listed public officers, from operating or maintaining bank accounts outside Nigeria
Seventh Schedule
The alteration to the Seventh Schedule is a consequential amendment to the Oaths section to include the Chairmen and Members of the Local Government Councils.
Credits to PLAC & UK aid
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