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President Assents to New Constitution Bills

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On Friday, March 17, President Muhammadu Buhari assented to 16 Constitution alteration bills. It will be recalled that the National Assembly, in January 2023, transmitted to the President, 35 Alteration Bills it had passed in March 2022, which were subsequently passed by the State Houses of Assembly. Out of this lot, the President assented to 16 bills. Reacting to the development upon resumption of Senate plenary on March 21, President of the Senate, Senator Ahmad Lawan, stated that the chamber has constituted a Committee to probe President Buhari’s refusal to assent to the other 19 Constitution alteration bills transmitted to him.

The passage of the 16 bills into law alter the provisions of the 1999 Nigerian Constitution, which has undergone four alteration exercises that introduced new provisions or amended existing provisions. One of such new provisions introduced in the 4th Constitution alteration exercise provides for the financial independence of State Houses of Assembly and the State Judiciary. However, as a result of non-compliance with this provision by State Governors, President Buhari issued an executive order to compel them to comply with the provision. This order was later declared unconstitutional by the Supreme Court. A similar bill on the financial  independence of State legislature and State Judiciary was one of the 16 bills that just received Presidential assent. However, this subsequent Constitution alteration on the subject makes further provisions  for the implementation of legislative and judicial financial autonomy at State level.

The 16 bills assented to by President Buhari include:

1. Fifth Alteration (No.1), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to change the names of Afikpo North and Afikpo South Local Government Areas; and for related matters.

2. Fifth Alteration (No.2), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to change the name of Kunchi Local Government Area; and for related matters.

3. Fifth Alteration (No.3), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to change the names of Egbado North and Egbado South Local Government Areas; and for related matters.

4. Fifth Alteration (No.4), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to correct the name of Atigbo Local Government Area; and for related matters.

5. Fifth Alteration (No.5), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to correct the name of Obia/Akpor Local Government Area; and for related matters.

6. Fifth Alteration (No.6), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to provide for the financial independence of State Houses of Assembly and State Judiciary; and for related matters.

7. Fifth Alteration (No.8), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to regulate the first session and inauguration of members-elect of the National and State Houses of Assembly; and for related matters.

8. Fifth Alteration (No.9), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to delete the reference to the provisions of the Criminal Code, Penal Code, Criminal Procedure Act, Criminal Procedure Code or Evidence Act; and for related matters.

9. Fifth Alteration (No.10), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to exclude the period of intervening events in the computation of time for determining pre-election petitions, election petitions and appeals; and for related matters.

10. Fifth Alteration (No.12), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to provide for the post call qualification of the Secretary of the National Judicial Council; and for related matters.

11. Fifth Alteration (No.15), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to delete the item “prisons” in the Exclusive Legislative List and redesignate it as “Correctional Services” in the Concurrent Legislative List; and for related matters.

12. Fifth Alteration (No.16), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to move the item “railways” from the Exclusive Legislative List to the Concurrent Legislative List; and for related matters.

13. Fifth Alteration (No.17), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to allow States generate, transmit and distribute electricity in areas covered by the national grid; and for related matters.

14. In Fifth Alteration (No.23), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to require the President and Governors to submit the names of persons nominated as Ministers or Commissioners within sixty days of taking the oath of office for confirmation by the Senate or State House of Assembly; and for related matters.

15. In Fifth Alteration (No.32), the Bill seeks alter the Constitution of the Federal Republic of Nigeria, 1999 to correct the error in the definition of the boundary of the Federal Capital Territory, Abuja; and for related matters.

16. In Fifth Alteration (No.34), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to require the Government to direct its policy towards ensuring right to food and food security in Nigeria; and for related matters.