THE
Senate Committee on Constitution Amendment, on Tuesday, presented details of
the new amendment being sought to the 1999 Constitution, with a proposal
barring a vice president or deputy governor from seeking election after
completing the tenure of a deceased president or governor.
Chairman of Senate Committee on Constitution Review, Senator Ike
Ekweremadu, who presented the details, said a vice president or deputy governor
who completed the tenure of office of a president or governor who died in
office would not be eligible to seek election to the office in future
elections.
The proposals also sought amendments to Sections 136 and 181 of
the constitution, to stop the successor to a president or governor who died in
office from contesting election for the same office in any subsequent election.
Clause 11 of the report wanted Section 136 of the 1999
Constitution (as amended) to be substituted with a new Section 136 (2) to read:
“Where a vice-president-elect or vice-president succeeds the president-elect or
president, in accordance with Subsection (1) of this section, he shall not be
eligible to contest for the office of the president in any subsequent
election.”
Also, Clause 17 of the draft bill wanted Section 181 to be
altered to read: “Where a deputy governor-elect or deputy governor succeeds the
governor-elect or governor, in accordance with subsection (1) of this section,
he shall not be eligible to contest for the office of the governor in any
subsequent election.”
The Senate also sought to strengthen the legislative arm by
ensuring that bills sent to the president for assent automatically became law
after 30 days.
Other issues highlighted in the amendment report included
devolution of powers to states, recognition of geopolitical zones, local
governments autonomy, fiscal federalism, first line charge to state assemblies,
separation of Office of Attorney General from Minister of Justice at both
federal and state levels, and mayoral status for the Federal Capital Territory
(FCT), among others.
The report also sought the abolition of joint state and local
government accounts to guarantee local government autonomy.
Against the practice where state governments disbursed funds to
the local goverment, the Senate also recommended direct payment to local
governments from the Federation Account.
The Constitution Review Committee, headed by Ekweremadu, had 48
other senators as members.
Presenting the report before the Senate, Ekweremadu said the
bill to further alter the provisions of the constitution was necessary, in view
of the need to make the constitution workable within the prevailing
circumstances.
He also said the objective of the bill was to remove
contradictions and make the constitution more practical and relevant to the
need of Nigerians in the 21st Century.
He said there was the need to make an elaborate provision in
Section (9) of the Constitution, for a procedure to bring an entirely new
constitution into being.
“This is predicated on the belief that the incremental approach
to constitutional amendment may not be sustainable in the long run. The need
may arise in the future for a whole new document,” he said.
In the same vein, Clauses six and eight were seeking to alter
Sections 58 and 100 of the constitution to make a bill become law at the
expiration of 30 days, if the president or governor, respectively, withheld
assent.
Section 58 (5) states: “Where the president witholds his assent
and the bill is again passed by each House by two-thirds majority, the bill
shall become law and the assent of the President shall not be required.”
But the report wanted a new Section 58, subsection (5A) to read:
“Where the president neither signifies that he assents or witholds assent, the
bill shall, at the expiration of 30 days, become law.”
Clause Seven sought an alteration of Section 84 with a new subsection
(5A) to read: “Any person who has held office as President or Deputy
President of the Senate, Speaker or Deputy Speaker of the House of
Representatives, shall be entitled to pension for life at a rate equivalent to
the annual salary of the incumbent President or Deputy President of the Senate,
Speaker or Deputy Speaker of the House of Representatives.”
This was againt the subsisting Section 84, which excluded the
four principal officers of the National Assembly from among public office
holders who shall be paid remuneration, salaries and allowances as may be
prescribed by the National Assembly, but determined by the Revenue Mobilisation
Allocation and Fiscal Commission (RMAFC).
While the extant Section 150 gave an approval of the appointment
of the Attorney-General of the Federation, who is also a Minister of the
Federal Government, Clause 13 of the Senate Committee recommended an
Attorney-General of the Federation, who “shall not be subject to the direction
or control of any other authority or person in the performance of the functions
of his office.”
Similarly, Clause 19 wanted a new Section 195 of the
constitution to separate the Office of the Attorney General of the state from
the office of the Commissioner for Justice.
Clause 14 also recommended direct payment to local governments
from the Federation Account, while a new subsection (6A) of Section 162 stated
that such payment “shall not apply to a local government without a
democratically elected council; where elections have not been held for reasons
of natural disaster, serious breach of peace and other emergencies.”
A proposed new Section 121 in the draft bill suggested the
creation of first-line charge for certain bodies and offices at the state
level.
“To engender accountability and efficient service delivery, a
provision is made for state houses of Assembly, State Independent Electoral
Commissions, Auditor-General of the State and the Attorney-General of a state
to get their funding directly from the State Consolidated Revenue Fund,” Ekweremadu
said.
The report was also seeking to bring certain matters that
appeared on exclusive legislative list to concurrent lists and ensure that
states could legislate on such items.
Such items include arbitration, aviation, health care, land and
agriculture, railways, prisons, public complaints, road safety, stamp duties,
wages, youth and environment.
Senate President, David Mark, who rounded off deliberations,
said the Senate would commence debate on the report after its two-week recess
which commences today.
He said all senators would be made to vote on each item, adding
that voice vote would not apply.
Briefing newsmen on the report, Senate spokesman, Eyinnaya
Abaribe, said it would be debated when the Senate resumed from its two-week
break.
He said contrary to speculations, the Senate Committee on
Constitution Review did a great job towards furthering the cause of democracy.
Emergency: Northern senators seek reversal of FG’s power on
state funds
The Northern Senators Forum is seeking a reversal of the powers
granted to the president on the use of state funds to prosecute the emergency
rule.
The forum, which met in Abuja, on Wednesday, sought the
concurrence of the Senate to the position taken by the House of Representatives
on the use of state funds under emergency rule.
Sources close to the forum told the Nigerian Tribune on
Wednesday that the senators had taken a position to push for a similar position
taken by the House.
It was learnt that the senators expressed the fear that the
states could be completely crippled if their funds were appropriated for the
sake of emergency.
Source: Tribune
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