The Vetoed Constitution Amendment Bill; 7th Assembly & GEJ

To strategically map out ways to effectively engage the 8^th assembly in the Constitution amendment process, it is important to review the infamous Constitution amendment Bill vetoed by former President Goodluck Ebele Jonathan. In the next few days, our team will do a series, on the details of the proposed Constitution amendment of the 7^th Assembly. This amendment Bill was simplified by our Policy and Legal Advocacy Centre (PLAC). 

Proposed Amendments on the issue of States, Boundary, Adjustment.

Section 8: New States and boundary adjustment, etc.

This clarifies the process of creating new states and boundary adjustment. The current provision requires a referendum from “two third majority of the people of the area” for such adjustments and this has been subject to different interpretations. The amendment now provides that a referendum must be approved by at least two-thirds majority of the “registered voters” of the local government area.

First Schedule, Part 1: States of the Federation

The alteration in First Schedule Part 1 substitutes “Afikpo North” and “Afikpo South” with “Afikpo” and “Edda”. “Egbado North” and “Egbado South” are also substituted with “Yewa North” and “Yewa South” respectively. “Obia Akpor” is altered or corrected to read “Obio Akpor”

First Schedule, Part II: Definition and Area Councils of Federal Capital Territory, Abuja

This is amended by substituting “Plateau” with “Nasarawa” in the definition of boundaries of the Federal Capital Territory Abuja.

Nigerian Police

Section 214: Establishment of Nigeria Police Force

This provision was amended to delete the word “force” from “Nigeria Police Force” and anywhere else it appears in the Constitution.

Note: The same amendments can be found in Sections 215 and 216. Also, sections 34, 35(7), 39(3), 89(2), 129(2), 214, and 215 are amended to substitute the term “Nigeria Police Force” with “Nigeria Police.” The amendments intend to emphasize the civility of policing. 

Mode of Altering the Constitution

Section 9: Mode of Altering Provisions of the Constitution

The amendment to this section dispenses with the need for the President’s assent for the purpose of altering the Constitution.

Residency, Citizenship and the Indigeneship Rights

Section 25: Citizenship by birth

“Indigenship” rights are added to this provision. The amendment defines an indigene of a particular community of a State in Nigeria as a person born in that State; a person whose parents and grandparents belong to a community indigenous to that State; a person who has resided in that State continuously for a period of not less than ten years; or a woman who is married to an indigene of the community of that State. A married woman would have the choice of indigeneship of either her paternal or marital home. This provision however restricts the claim of indigeneship by any person to one state at a time.

Section 26 (2) (a): Citizenship by registration

The amendment to this provision would make it possible for any non-Nigerian man married to a Nigerian woman to be able to acquire Nigerian citizenship through registration provided that other requirements in the section are fulfilled. This is a marked departure from the current provision, which restricts such benefit to non-Nigerian women married to Nigerian men.

Credits to Policy and Legal Advocacy Centre (PLAC) and UK aid