Part 4: The Vetoed Constitution Amendment Bill: 7th Assembly and GEJ

Welcome to the fourth episode of the Constitution amendment Bill vetoed by President Goodluck Jonathan. While the 8th Assembly enjoy their first recess, it is important to take a look at some highlights of the 7th Assembly. In the process of studying the simplified provisions of the failed amendment bill, one should consider the following questions; if this amendment bill was signed into law, would it have deepened our democracy? Would it have strengthened our institutions? Would it have reduced corruption? Would it have served the interest of the legislators better? How can the 8th Assembly improve on this? Today let us consider the proposed amendments to the Nigerian Legislature.

The Legislature: Powers, Bills, Financial Autonomy, Right of Attendance of President etc,

Section 4: Legislative Powers

The amendment to this section confers immunity on legislators in respect of words spoken or written before their respective chambers or committees.

Section 50A: Establishment of the National Assembly Service Commission

This establishes a National Assembly Service Commission and provides for its composition, tenure, structure, finance, functions and powers. This amendment is to deliberately strengthen the capacity of the legislative  institutions by bringing them at par with counterparts such as the Federal Judicial Service Commission and the Federal Civil Service Commission.

Section 92 is the corresponding provision establishing the State Assembly Service Commission.

Section 58: Mode of exercising Federal Legislative power: general

This amendments dispenses with the requirement of assent of the President where he fails to signify that he assents or withholds assent within 30 days of the presentation of the bill for assent. the dispensation of his assent can only occur however, when the bill is passed again by a two-third majority of each House.

Section 100 is the corresponding provision on the mode of exercising State Legislative Power for the State Houses of Assembly

Section 59(4): Mode of exercising Federal Legislative power: money bills

The amendment to this provision authorizes the President of the Senate to convene a joint meeting of the National Assembly to reconsider a money bill where the President withholds or fails to signify his assent within the time prescribed to do so. If passed by a two third majority of both houses at such sitting, the bill shall become law.

Section 67(1): Right of attendance of President

This amendment mandates the President to attend a joint session of the National Assembly once a year to deliver an address on the state of the nation.

Section 68(1)(e): Tenure of Seat of Members

The amendment here would prevent a member of the National Assembly who becomes a member of a parliamentary body or any other similar body by virtue of his position, from vacating his seat in the National Assembly.

Section 109(1)(e) is the corresponding provision on Tenure of seat of members for the State Houses of Assembly.

Section 81(3): Authorization of expenditure from Consolidated Revenue Fund

The amendment to section 81 puts the offices of the Auditor General of the Federation, Attorney General of the Federation, National Security Agencies, Nigerian Police, and Revenue Mobilization, Allocation and Fiscal Commission on the first line charge. These bodies would be funded directly from the Consolidated Revenue Fund of the Federation.

Section 121(3): Authorization of Expenditure from the Consolidated Revenue Fund

State Legislatures are now granted financial autonomy by virtue of this amendment. This amendment places the State Houses of Assembly, offices of the Attorney General of a State and Auditor-General of a State on the first line charge where any amount standing to these bodies or offices are to be paid directly to them from the Consolidated Revenue Fund of the State.

Section 84: Remuneration, etc. of the President and certain other officers

There is a new subsection 5A that provides for a life pension for the President of the Senate , Deputy President, Speaker of the House of Representatives and Deputy Speaker at a rate equivalent to the annual salary of each of their respective incumbents. However, persons impeached or removed from office for breaching the provision of the Constitution are not entitled to benefit of this provision.

A corresponding provision for the speakers and Deputy Speakers of State Houses of Assembly can be found in the amended section 124(5). It however does not provide that the pension rate be equivalent to the annual salary of the incumbent.

Section 89(1)&(2): Power as to matters of evidence

This empowers the National Assembly to prescribe sanctions, civil or criminal or both for failure, refusal or neglect to obey summons issued by a legislative house or any of its Committees. The sergeant-at-arms would also be authorized to execute a summons or warrant on behalf of the Senate President or Speaker of the House.

The State Assembly's corresponding provision is in the amended section 129(1)&(2)

Credits to PLAC & UK aid