Part 3: The Vetoed Constitution Amendment Bill; 7th Assembly & GEJ

The Constitution amendment Bill generated lots of news from different media outlets, but what the media failed to do was to lay emphasis on the content of the amendment Bill. The media was simply all about the politics involved, dilly dally between the Executive, Legislature and the Judiciary. At EOTM, our aim is to allow every Nigerian both home and in diaspora have access to information, documents and unbiased Bill analysis briefs of the Legislature. This episode features the bone of contention between the Executive and the National Assembly that lead to the death of the Constitution amendment Bill.

Proposed Amendments to Judicial Reforms

Section 150: Minister of Justice

The amendment to this section separates the office of the Minister of Justice from that of the Attorney General of the Federation. The Minister of Justice shall only be concerned with the administrative and legal matters of the government. The aim is to separate the political and prosecutorial roles of the Attorney General as currently exists in the Constitution.

Section 155: Tenure of office of members

The amendment to this section provides a renewable tenure for members of the National Judicial Council. The current Constitutional provision provides for life tenure

Section 174: Public Prosecutions

Following the amendment in section 150 to separate the office of the Minister for Justice from that of the Attorney General of the Federation, this amendment creates an independent office for the Attorney General who is expected to be a professional lawyer with good  knowledge of the criminal justice system. The aim of this amendment is to provide the office of the Attorney General with independent authority to carry out his/her duties without undue interference. The amendment in section 174 establishes the office of the Attorney General of the Federation and prescribes his qualifications while the insertions of new sections 174 A-H stipulates the process of appointment, independence, role, and tenure as well as provide for records of account and audit that must be kept and filed by the Attorney General.

Section 195: Commissioner for Justice

Similar to the amendment in section 150, the alteration to section 195 establishes the office of a Commissioner for Justice of the Government of a State and separates it from the office of the Attorney General of the State.

Section 211: Public Prosecutions

Following the amendment in section 195 separating the office of the Commissioner of Justice from that of the Attorney General of the State, this amendment creates an independent office for the Attorney General who is expected to be a professional lawyer with good knowledge of criminal justice system. New sections 211 A-1 defines the mode of appointment, qualifications, role, tenure and removal of office.

Section 233: Appellate Jurisdiction

This is modified to provide for appeals to the Supreme Court with leave where the ground of appeal against a civil or criminal decision involves a question of law alone. It further makes provisions for the disposal of applications for leave to appeal in the Supreme Court in chambers.

Section 241: Appeals as of the right from the Federal High Court or a High Court

The amendment here aims to prevent any court from staying a procedure due to an interlocutory appeal so that justice is quickly dispensed

Section 251: Jurisdiction of the Federal High Court

The amendment to section 251 confers exclusive jurisdiction on the Federal High Court for the trial of electoral offences.

Proposed Amendments to Fiscal Provisions

Section 82: Authorization of expenditure in default of Appropriations

This amendment reduces the period within which the President may authorize the withdrawal of money from the Consolidated Revenue Fund in the absence of an Appropriation Act from 6 months to 3 months

Note: The corresponding provision for the State is stated in section 122

Section 84 A-F

there are new provisions that define and distinguish the office of the Accountant General of the Federation from a newly created office of the Accountant General of the Federal Government, and provides for their role, process of appointment, tenure and removal from office. Under this provision, the Accountant General of the Federation shall be charged with the administration and disbursement of the allocations of the Federal account to the tiers of Government while the Accountant General for the Federal Government shall be responsible foe supervising and administering the accounts of the Federal Government.

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

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