Will 9th N’Assembly Break the Amendment Jinx?

Udora Orizu writes that following passage of some bills out of the 68 recommended by the National Assembly ad-hoc committees on the review of the 1999 Constitution, Nigerians are anxious to see if States Houses of Assembly will concur with the proposals or if they will yet again be rejected

Nigerians may finally have another amended constitution, as lawmakers in the 9th National Assembly are rounding up work on the review the 1999 Constitution. Both the Senate and House of Representatives last week voted on the 68 proposals as recommended by its ad-hoc committees on the review of the 1999 Constitution. The proposals passed will be transmitted to the States Houses of Assembly for concurrence.

While it seems the present lawmakers are gathering momentum on the exercise, in all, the review of the 1999 constitution hasn’t been largely successful. The legislature and executive arms of government have large quantities of reviews and reports from past attempts at amending the constitutions. Huge sums have also been voted for the same exercise with no success to show for it.

Nigeria became an independent nation in 1960 and has since then had series of constitutions in the past which include the colonial era constitutions (1914-1960), Independence Constitution (1960), Republican Constitution (1963), Second Republic constitution  Constitution (1979- 1983), aborted Third Republic Constitution (1992-1993) and the Fourth Republic Constitution (1999 to date). 

Since the return of democratic rule, there has been attempt by various Assemblies to amend the constitution, the exercise by the legislative arm is characterized by proposals that keep resurfacing despite costing the nation billions of naira. Yet, several attempts made by the parliament to amend some provisions of the 1999 Constitution, were all to no avail.

Previous Attempts 

The first attempt at reviewing the 1999 Constitution was a total failure in the 5th National Assembly under the Chairmanship of former Deputy Senate President Ibrahim Mantu and Deputy Speaker Austin Okpara. The failure of the exercise occurred during the alleged third term agenda of former President Olusegun Obasanjo. The exercise ran into muddy waters when the lawmakers discovered that a clause to elongate the tenure of the then President to that effect was allegedly inserted into the document, the bill was rejected.

The second attempt to review the constitution in the 6th Assembly under the chairmanship of Senator Ike Ekweremadu and Hon. Usman Nafada was partially successful as some sections were amended. The sections included the financial autonomy of the National Assembly, which gave it the power to draw its funds directly from the federation account, otherwise known as the first-line charge.

The third attempt, in the constitutional review exercise in the 7th Assembly was not a total failure and neither an absolute success. The National Assembly attempted to strip the President of the power to sign the constitution amendments, which is required for them to become law. It was however a failed attempt. The then President Goodluck Jonathan argued that the legislature overreached itself in seeking to abridge presidential power, especially the power to “check and balance” the lawmakers.

The fourth attempt was made by the 8th Assembly. The then Senate President, Bukola Saraki promised that he will rigorously work with his colleagues in the 8th Senate for the betterment of all Nigerians. 

Available records showed that about 33 bills for constitutional review were available for review by the 8th Assembly, with 28 of them passed by the House. Out of this number, 17 got concurrence from the Senate, while four were passed with differences. Nevertheless, 17 bills were sent to the State Houses of Assembly for concurrence, in accordance with the provisions of the constitution. But 12 of these came back to the House ratified, while five, including the bill on local government autonomy, were rejected by the State Houses of Assembly, having failed to receive the approval of two-thirds of the state assemblies. Unfortunately, only five of these bills were signed as part of the constitutional amendment by the president.

Some of the bills that were inherited from the last Assembly that may attract serious debate during the current exercise include the issue of local government reform, as well as the establishment of a state and local government joint account. While many believe that the joint account has been used by state governors to mismanage local government funds, some governors and others opposed to local government autonomy have often shifted the burden to the National Assembly to amend the constitution to delete the provision from the constitution.

Against this background, the last Assembly took up the challenge and passed the law abrogating the joint account, but the State Houses of Assembly failed to ratify it. Not only that, they also failed to ratify the alteration granting autonomy to local governments.

The Latest Move

Lawmakers in the 9th National Assembly in their legislative agenda promised to give Nigerians what it described as the people’s constitution. The Speaker of the House, Hon. Femi Gbajabiamila, was of the opinion that the 1999 Constitution failed to address some critical national questions confronting the country, hence the resolve by the legislature to amend it.

After some months of foot-dragging, the process finally commenced. As expected, when both the Senate and House of Representatives commenced the zonal public hearings nationwide, clamors for creation of state police, devolution of powers to the states, creation of more states, restructuring and fiscal federalism featured prominently in presentations made by stakeholders.

Both chambers ad-hoc committees finally harmonized their positions on the constitution and the 68 adopted bills were voted on by the lawmakers last week. The recommendations were based on private members, executive bills and memoranda received from the public during its zonal public hearings. 

How the Lawmakers Voted

The Senate passed a total of 49 bills out of the 68 considered during voting on the Constitution bills. These included moving prisons, railways and power generation from the Exclusive to Concurrent list.

Also, the federal lawmakers at the end of the exercise, approved financial autonomy for state legislatures, judiciary and local governments in the country. The lawmakers during the session witnessed by the wife of the President, Hajia Aisha Buhari and the wife of the Vice President, Dolapo Osinbajo, rejected bills to empower women in politics.

They equally turned down attempt to empower presiding officers of the legislature to enjoy life pension.

The federal lawmakers equally rejected bills to provide for the removal of presiding officers of the legislature; and to change the name of Barikin Ladi Local Government Area in Plateau State to “Gwol” Local Government Area.

At the House, out of the 360 members, as at commencement of voting, 290 members were present in the chambers.

While one voted against, 286 voted in support of the bill to alter the provisions of the constitution to abrogate the state joint local government account and provide for a special account into which shall be paid all Allocations due to LGs from the Federation Account and from the Government of the State, surpassing 240, the two third majority needed for the passage.

Also, 258 members voted in support of the Bill for an Act to Alter the Provisions of the Constitution of the to establish LG as a tier of Government and Guarantee their Democratic Existence and Tenure.

For the Financial Independence of State Houses of Assembly and State Judiciary, 296 members voted in favour of the proposal.

The lawmakers also voted in favour of establishing the office of the Attorney General of the Federation and of the State to separate it from the office of the Minister of Justice or Commissioner for Justice for State in order to make the offices of the Attorney General independent and insulated from partisanship. While 259 voted in support, 44 voted against.

Furthermore, 269 lawmakers voted in support of independent candidacy in presidential, governorship, National Assembly, State Houses of Assembly and local government council elections.

They also approved a bill to provide for the Office of Mayor for the Federal Capital Territory Administration Abuja. 245 lawmakers voted in support while 53 voted against.

In a similar vein, majority of members approved the Bills for Acts to Alter the Provisions of the Constitution to Change the names of Afikpo North and Afikpo South Local Government Areas; Kunchi Local Government Area; Egbado North and Egbado South Local Government Areas; Barikin Ladi Local Government Area; Atigbo Local government Area; Obia/Akpor Local Government Area; and for Related Matters.

Other proposals the lawmakers voted in support of included, “a bill for an Act to Alter the Provisions of the Constitution of the Federal Republic of Nigeria, 1999 to Move Airports from Exclusive Legislative List to the Concurrent Legislative List, a Bill to Establish State Security Council; and for Related Matters, to Empower the National Assembly and State House of Assembly Powers to Summon the President of the Federal Republic of Nigeria and Governors of States to answer Questions on issues on which the National and State Assembly have the Power to make Law, a Bill to reduce the period within which the President or the Governor of a State may authorize the withdrawal of Monies from the Consolidated Revenue Fund in the absence of an Appropriation Act from six months to three months.

“To provide for the State of the Nation and State Address by the President and Governor; and for Related Matters. To include former Heads of the National Assembly in the council of state; and for Related Matters. To provide for the Termination of Tenure of certain Elected officials on Account of change of political party; and for Related Matters. To enhance existing provisions on the formation of political parties.”

Rejected Bills

On the other hand, the lawmakers turned down the Bill for an Act to Alter the Provisions of the Constitution of the Federal Republic of Nigeria, 1999 to Provide Pension for Presiding Officers of the National Assembly. While 102 lawmakers voted in support, 103 voted against the recommendation which would have made the current Senate President, Lawan and Speaker Gbajabiamila and their Deputies beneficiaries.

They also rejected the Bill for an Act to Alter Part I of the Second Schedule to the Constitution to include Value Added Tax (VAT) on the Exclusive Legislative list.

VAT issue has been in contention between the federal and state governments over who should be collecting it and how it should be shared. In all, 209 members voted against it, while only 91 voted in support, thereby taking it out of the purview of only the federal government.

The lawmakers also killed three bills seeking more inclusion of women in elective positions. The bill for an Act to Alter the Provisions of the Constitution of the Federal Republic of Nigeria, 1999 to Provide for Special Seat for Women in the National and State Houses of Assembly, had 208 members voting against the amendment with only 81 supporting.

Similarly, the second bill seeking for Affirmative Action for Women in Political Party Administration was equally rejected by majority of the lawmakers despite appeals by the Speaker, Hon. Femi Gbajabiamila.

During consideration of the bill, PDP lawmakers Bamidele Salam from Osun state and Dachung Bagos from Plateau state, suggested that the 35 per cent affirmative action should be reduced to 15 percent.

While 195 lawmakers agreed with Salam’s amendment, 107 voted against it. Gbajabiamila called for repetition of the process appealing to his colleagues to support the bill, saying women are the ones that come out en masse to vote during elections. However, his appeals were not heeded to.

The third bill seeking to provide for a Minimum Percentage for Women in Ministerial or Commissioner Nominees was also rejected by the Lawmakers, despite pleas from Gbajabiamila, the Deputy Minority Leader, Hon. Toby Okechukwu and Chairman Committee on Defence, Hon. Babajimi Benson for them to support the Bill.

The Speaker, however amended that 20 per cent should be given to Women for ministerial, commissioner nominees regardless of ‘Nays’ scream from the lawmakers.

The House further voted against itself on a bill to provide the procedure for overriding executive veto in respect of money bills. While 284 voted for, 10 voted against. 288 votes that is 4/5 was required to pass the Bill. The lawmakers also rejected bill to provide for Diaspora Voting. 240 lawmakers voted against while 59 voted in support. Furthermore the bill to expand immunity to the legislative and Judicial Arms of Government was equally rejected.

Will This Assembly Break the Amendment Jinx?

The adopted recommendations are expected to be transmitted to 36 Houses of Assembly for concurrence, after which it will be sent to President Muhammadu Buhari for assent. Given the failure of past assemblies in their attempts to review the constitution, there is no certainty that many of the recommendations will become law. 

President of the Nigeria Labour Congress (NLC), Comrade Ayuba Wabba, who led his group on a peaceful protest at National Assembly last week said they would mobilize across the country to ensure State Houses of Assembly will among others vote in support of the autonomy of the local governments, state legislatures and the judiciary. Only time will tell if the 9th Assembly will write its name in history books, as the assembly which broke the review jinx or if the exercise will be futile  like in the past assemblies.