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National-Assembly-Complex

National Assembly Votes on Sixty-Eight Constitution Alteration Bills

The Senate and the House of Representatives at the plenary session of Tuesday, 1st March 2022 voted on Sixty-Eight 5th Constitution Alteration Bills that bordered on good governance, devolution of powers, local government autonomy, minority rights and interests, judicial reforms, electoral reforms, public revenue, women inclusion in governance and other issues which were of national interest.

Presenting the reports of the Senate and House of Representatives Ad-hoc Committee on Constitution Review, the Chairmen, Sen. Ovie Omo-Agege (APC: Delta) and Hon. Idris Wase (APC: Plateau) at the respective sitting of both chambers informed lawmakers that the thematic areas of the 5th Constitution Alteration Review Process centered around gender equity, federalism and devolution of powers, local government autonomy, public revenue, fiscal federalism, revenue allocation, socio-economic and cultural rights, and strengthening the independence of oversight institutions.

Speaking on the legislative actions carried out by the Ad-hoc Committee, the Chairmen stated that a national public hearing in Abuja, and zonal public hearings in twelve locations across the six-geopolitical zones of the country were conducted in order to avail the committee the opportunity to receive memoranda from the public.

According to the Chairmen, the overarching objectives of proposed amendments is to strengthen the legislature’s authority to enable it to serve as an effective pillar of checks and balance to the executive; strengthen independent constitutional bodies; strengthen indigeneship as a source of national identity; create and strengthen a culture of good governance; address issues of corruption, revenue leakages and unbridled government spending; and create an independent judicial system that would ensure effective administration of justice in Nigeria.

In the submissions of both Chairmen, they mentioned the highlight of the recommended Bills for consideration by the Senate and the House of Representatives to include the following:

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 1, 2022 (Local Government Financial Autonomy – Sections 162, 318, Fifth Schedule)

The Bill seeks to entrench financial autonomy for Local government councils by abrogating the State Joint Local Government Account and providing for a special account into which shall be directly paid all allocations due to Local Government councils from the Federation Account and from the internally generated revenue of the State Government. As a means of fostering the financial autonomy, the responsibility for the payment of teaching and none teaching staff of the Universal Basic Education Scheme is now expressly to be shared between the Federal, States and Local Government Councils such that the amount to be deducted from the Local Government Councils is the least.

  • Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 2, 2022 (Local Government Administrative Autonomy – Section 7)

The Bill seeks to establish Local Government Councils as a substantive tier of government in the Constitution and guarantee their democratic existence and tenure by entrenching the fundamental governance structure of the Local Government Councils in the Constitution. It also contains express constitutional provisions prohibiting the exercise of legislative, executive and administrative powers of the council powers by any entity other than democratically elected council members.

  • Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 3, 2022 (Change of Names of Afikpo North and Afikpo South Local Government Areas of Ebonyi State – Part I, First Schedule)

The Bill seeks to change the names of Afikpo North and Afikpo South Local Government Areas to “Afikpo” and “Edda”, local government Areas respectively.

  • Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 4, 2022 (Change of Name of “Kunchi” Local Government Area of Kano State – Part I, First Schedule)

The Bill seeks to change the name of Kunchi Local Government Area to “Ghari”, Local Government Area.

  • Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No.5, 2022(Change of Names of Egbado North and Egbado South Local Government Areas of Ogun State- Part I, First Schedule)

The Bill seeks to change the names of Egbado North and Egbado South Local Government Areas to “Yewa North” and “Yewa South”, local government Areas respectively

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 6, 2022 (Change of Name of Barikin Ladi Local Government Area of Plateau State – Part I, First Schedule)

The Bill seeks to change the name of Barikin Ladi Local Government Area to “Gwol”, local government Area.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 7, 2022 (Correction of the name “Atigbo” Local Government Area of Oyo State – Part I, First Schedule)

It seeks to correct the name Atigbo Local Government Area to “Atisbo”, local government Area

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 8, 2022 (Correction of the Name “Obia/Akpor” Local Government Area of Rivers State – Part I, First Schedule)

It seeks to correct the name of Obia/Akpor Local Government Area to “Obio/Akpor”, local government Area

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 9, 2022 (Financial Autonomy of State Legislatures and State Judiciary – Section 121 & Part II, Third Schedule)

This Bill seeks to provide the framework for the implementation of the financial autonomy already granted by earlier alterations of the Constitution for State Houses of Assembly and State Judiciaries by the creation of a Disbursement Committee to superintend the release of appropriated sums to the Legislative and Judicial arms.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 10, 2022 (Enforcement of Legislative Summons – Sections 89 & 129)

The Bill seeks to strengthen the power of the legislature to deal with failure, refusal or neglect to attend a legislative summons by making it an offence punishable on conviction, by a court of law, in accordance with an Act of the National Assembly

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 11, 2022 (Inauguration of Senators and Members-Elect – Sections 54, 96 & 311)

This Bill seeks to provide for 2/3 majority of members elect as the quorum of members-elect required for the first and inaugural session of members-elect of the National and State Houses of Assembly.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 12, 2022 (The Institutionalisation of Legislative Bureaucracy in the Constitution – Sections 51, 93, 153, 157, 158, 197, 201, 202, Parts I & II of the Third Schedule)

This Bill seeks to entrench legislative bureaucracy in the Constitution, namely, the inclusion of the National Assembly Service Commission and the State House of Assembly Service Commission in the Constitution.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 13, 2022 (Procedure for Overriding Presidential Veto in Constitution Alteration – Section 9)

The Bill provides for the procedure and the majority required to override Presidential veto of an Act to alter the Constitution under section 9 of the Constitution after approval by not less than two thirds of the State Houses of Assembly and refusal of Presidential assent.  (This Bill requires 4/5, that is 87 members for approval).

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 14, 2022 (Procedure for Overriding Executive Veto in Respect of Ordinary or Money Bills – Sections 59 & 100)

This Bill seeks to abridge the procedure in sections 59 and 100 of the Constitution for overriding Executive Veto by the National Assembly or State Houses of Assembly in respect of ordinary and Money Bills by specifying a time frame of seven days within which the President of the Senate or the Speaker of the State House of Assembly shall convene a sitting of the Assembly or the State House of Assembly, respectively to reconsider the Bill.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 15, 2022 (Removal of Presiding Officers – Sections 50 & 92)

This Bill seeks to alter the Constitution to provide for a comprehensive procedure for fair hearing before the removal of presiding officers of the National and State legislature.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 16, 2022 (Pension for Presiding Officers of the Legislature – Sections 84 & 124)

This Bill seeks to provide pension for the presiding officers of the National and State Legislatures and their Deputies in the same manner as the heads of the executive and judicial arms of government.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 17, 2022 (Establishment of the Federal Revenue Court and Revenue Courts of a State –Sections 6, 46, 84, 240, 243, 251, 254, 274, 287, 289, 292, 294, 295, 318, Part I of the Third Schedule & the Seventh Schedule)

This seeks to alter the Constitution to establish the Federal Revenue Court and State Revenue Courts for the Federation and for the States. It seeks to remove powers to adjudicate on Revenue matters from the Federal High Court to ensure expeditious disposal of Public Revenue litigation of the Federation or the States.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 18, 2022 (Judicial Reforms – Sections 6, 84, 230, 231, 237, 238, 241, 243, 247, 249, 250, 253, 254, 256, 258, 261, 266, 270, 271, 273, 276, 281, 318, Parts I, II, and III of the Third Schedule & Part I, Fifth Schedule)

This Bill generally seeks reform of the judiciary in substantive and procedural matters for efficient administration and dispensation of justice. The bill makes extensive provisions aimed at reducing the backlog of cases in our courts. For example, it alters the Constitution to enable 3 Justices of the Supreme Court/Court of Appeal sitting in chambers to hear an application for leave to appeal and dispose of it in chambers.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 19, 2022 (Timelines for the Determination of Civil and Criminal Causes – Section 287)

The Bill provides timelines within which none election or pre-election civil and criminal causes are to be heard and determined at trial and appellate courts. This is to ensure speedy dispensation of justice.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 20, 2022 (Uniform Retirement Age and Pension Rights for Judicial Officers – Section 291)

The Bill seeks to ensure uniformity in the retirement age and pension rights of judicial officers of superior courts of record.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 21, 2022 (Deletion of Reference in the Constitution to the Provisions of the Criminal Code, Penal Code, Criminal Procedure Act, Criminal Procedure Code and Evidence Act – Section 254)

This Bill seeks to delete the reference to the provisions of the Criminal Code, Penal Code, Criminal Procedure Act, Criminal Procedure Code and Evidence Act in the Constitution.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 22, 2022 (Provision for Intervening Events in the Computation of Time for the Determination of Pre-election Petitions, Election Petitions and Appeals Therefrom –Section 285)

This Bill seeks to alter the provisions of the Constitution to exclude the period of intervening events, like disasters and force majeur in the computation of time for determining pre-election petitions, election petitions and appeals therefrom.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 23, 2022 (Virtual/Remote Court Hearings – Sections 36 & 318)

The Bill seeks to alter the Constitution to allow court or tribunal proceedings to be conducted, either wholly or in part, through the use of internet or such other virtual platforms or tools or any other technology–driven innovation. (This Bill requires 4/5, that is 87 members for approval).

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 24, 2022 (Expansion of the Interpretation of “Judicial Office” –Section 318)

The alteration here seeks to expand the interpretation of Judicial Office to include courts or tribunals created by an Act of the National Assembly or a State House of Assembly.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 25, 2022 (Appointment of the Secretary of the National Judicial Council – Part I, Third Schedule)

The Bill seeks to provide a minimum post-call qualification of ten years for the Secretary of the National Judicial Council.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 26, 2022 (Code of Conduct – Part I, Fifth Schedule)

The Bill seeks to inter alia restructure the Code of Conduct Tribunal by clearly locating it within the Judicial Arm of Government and setting out fundamental operational structure of the Tribunal.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 27, 2022 (Fair Hearing in the Process of Recommending the Removal of Judicial Officers – Part II, Third Schedule)

The Bill seeks to impose the requirement of fair hearing in the process of recommendation of removal of judicial officers by the State Judicial Service Commission.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 28, 2022 (Inclusion of Judges of the National Industrial Court in the Composition of Election Tribunals –Sixth Schedule)

The Bill seeks to include Judges of the National Industrial Court in the pool of judges for the composition of Election Tribunals.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 29, 2022 (Devolution of Powers [Airports] – Part I & II, Second Schedule)

This Bill seeks to move the item “airports” from the Exclusive Legislative List to the Concurrent Legislative List.

The intent of this and other Bills under the heading “Devolution of Powers” is to decongest the Exclusive Legislative List by moving those items to the Concurrent Legislative List thereby giving more legislative powers to the State. This is aimed at strengthening federalism and ensuring that governance responsibilities are efficiently allocated to the level of government best able to manage them and expanding the revenue base of sub-national governments.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 30, 2022 (Fingerprints, Identification and Criminal Records – Part I & II, Second Schedule)

This Bill seeks to move the item “Fingerprints, identification and criminal records” from the Exclusive Legislative List to the Concurrent Legislative List.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 31, 2022 (Correctional Services – Part I & II, Second Schedule)

This Bill seeks to delete the item “Prisons” from the Exclusive Legislative List and redesignate it as “Correctional Services” in the Concurrent Legislative List.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 32, 2022 (Railways – Part I & II, Second Schedule)

This Bill seeks to move the item “Railways” from the Exclusive Legislative List to the Concurrent Legislative List.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 33, 2022 (National Grid System – Part I & II, Second Schedule)

This Bill seeks to delete after the word, “areas”, the words, “not covered by a national grid system” in the Concurrent Legislative List. This will allow states to generate, transmit and distribute electricity in areas covered by the national grid within their respective domains.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 34, 2022 (Inclusion of Value Added Tax on the Exclusive Legislative List – Part I, Second Schedule)

This Bill seeks to include “Value Added Tax” on the Exclusive Legislative List.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 35, 2022 (Special Seats for Women – Sections 48, 49, 71, 77 & 117)

The Bill seeks to create special seats for women in the Senate, House of Representatives and State Houses of Assembly as a temporary special measure. This is to enhance/encourage women’s participation and representation in politics.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 36, 2022 (Expansion of the Scope of Citizenship by Registration – Section 26)

This Bill seeks to alter the provisions of the Constitution to allow male foreign spouses of Nigerian women to acquire citizenship by registration

.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 37, 2022 (Affirmative Action for Women in Political Party Administration – Section 223)

This Bill seeks to provide for affirmative action in favour of women in political party administration by requiring a prescribed minimum percentage of party executives to be women.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 38, 2022 (Indigeneship Rights – Sections 31 & 318)

The Bill seeks to provide the criteria for qualification to become an indigene of a state in Nigeria.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 39, 2022 (Power to Enforce Compliance of Remittance of Accruals into the Federation Account and Review of Revenue Allocation Formula – Section 162 & Part I, Third Schedule)

It seeks to empower the Revenue Mobilization, Allocation, and Fiscal Commission to enforce compliance with remittance of accruals into and disbursement of revenue from the Federation Account and streamline the procedure for reviewing the revenue allocation formula.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 40, 2022 (Independence of Certain Bodies – Sections 158 & 202)

The amendment here seeks to alter the Constitution to enhance the independence of certain regulatory and oversight institutions created by the Constitution. This is to help improve the quality of governance, strengthen the rule of law, encourage transparency and accountability, prevent corruption and ultimately reinforce both the quality and the resilience of democracy.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 41, 2022 (Removal of Transitional Law-making Powers of the Executive – Section 315)

This Bill seeks to remove transitional law-making powers from the Executive Arm of Government.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 42, 2022 (Expansion of the Scope of Executive Immunity – Section 308)

The Bill seeks to expand the scope of executive immunity under section 308 of the Constitution to other arms of government.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 43, 2022 (Domestication of Treaties – Section 12)

The Bill seeks to alter the Constitution to specify the time within which the Executive shall present to the National Assembly any treaty between the Federation and any other country for enactment.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 44, 2022 (Timeline for the Presentation of Appropriation Bills – Sections 81 & 121)

This Bill seeks to provide a timeframe within which the President or a Governor shall lay the Appropriation Bill before the National Assembly or House of Assembly and the period within which the National Assembly or House of Assembly shall pass the Appropriation Bill. The intent of this bill is to entrench a January to December budget year in the Constitution which will make State and National budget more predictable.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 45, 2022 (Timeframe for the Submission of the Names of Ministerial or Commissioner Nominees – Sections 147 & 192)

This Bill seeks to alter the provisions of the Constitution to provide a timeframe within which the President or a Governor shall forward to the Senate or State House of Assembly names of nominees for confirmation as Ministers or Commissioner.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 46, 2022 (Membership of the National Security Council to Include Presiding Officers of the National Assembly – Part I, Third Schedule)

The Bill seeks to include the President of the Senate and Speaker of the House of Representatives in the membership of the National Security Council.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 47, 2022 (Establishment of State Security Council – Section 197 & Part II, Third Schedule)

The Bill seeks to alter the Constitution to establish State Security Council to advise the Governor on matters relating to public security.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 48, 2022 (Power to Summon the President and Governors – Sections 67 & 108)

This Bill seeks to alter the provisions of the Constitution to grant the two chambers of the National Assembly and State Houses of Assembly powers to summon the President of the Federal Republic of Nigeria and Governors of States respectively, to answer questions on issues of national security or any matter whatsoever, over which the National Assembly and States Houses of Assembly have power to make laws.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 49, 2022 (Authorisation of Expenditure – Sections 82 & 122)

The Bill seeks to alter the provisions of the Constitution to reduce the period within which the President or a Governor may authorise the withdrawal of monies from the Consolidated Revenue Fund in the absence of an Appropriation Act from six months to three months.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 50, 2022 (Replacement/Correction of the Usage of the “Consolidated Revenue Fund of the Federation” with the “Consolidated Revenue Fund of the Federal Government” in the Constitution – Sections 80, 81, 82 & 83)

The Bill seeks to alter the Constitution to replace the Consolidated Revenue Fund of the Federation with the Consolidated Revenue Fund of the Federal Government in sections 80, 81, 82 and 83 of the Constitution.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 51, 2022 (Creation of the Office of the Accountant-General of the Federal Government – Section 84)

This Bill seeks to establish the office of the Accountant-General of the Federal Government distinct from office of the Accountant-General of the Federation. The proposed alteration is aimed at ensuring the ease of administration by enabling the Federal Government to have its own accounting officer separate from the accounting officer that deals with the other tiers of Government.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 52, 2022 (Timeframe for the Conduct of Population Census– Section 213 & Part I, Third Schedule)

This Bill seeks to provide for the conduct of population census every ten years after publication by the President of a population census report. This will ensure the periodic conduct of the census by making it mandatory.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 53, 2022 (Separation of the Office of the Attorney-General of the Federation and of the State from the Office of the Minister or Commissioner for Justice – Sections 150, 174, 195, 211, 318 & Part I, Third Schedule)

This Bill seeks to establish the office of the Attorney-General of the Federation and of the State separate from the office of the Minister of Justice, or Commissioner for, Justice in order to make the office of the Attorney-General independent and insulated from partisanship.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 54, 2022 (State of the Nation and State of the State Address – Sections 67 & 108)

The Bill seeks to alter the provisions of the Constitution to provide for a State of the Nation and State of the State Address by the President and Governor respectively.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 55, 2022 (Composition of Members of the Council of State – Part I, Third Schedule)

The Bill seeks to alter the Constitution to include former Presidents of the Senate and former Speakers of the House of Representatives as members of the Council of State. This is to ensure that the three arms of government are fairly represented in the Council.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 56, 2022 (Termination of Tenure on Account of Change of Political Party (Cross-Carpeting) – Section 180)

The Bill seeks to provide for the termination of the tenure of certain elected officials where they change parties.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 57, 2022 (Restriction on Formation of Political Parties – Sections 222 & 223)

This Bill seeks to enhance existing provisions on the formation of political Parties to ensure their national orientation, viability and sustainability.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 58, 2022 (Independent Candidacy – Sections 7, 65, 106, 131, 177 & 228)

The Bill seeks to alter the Constitution to allow an independent candidate contest for an elective position. This is aimed at expanding the space for democratic participation by providing a platform outside political parties, for persons to participate and contest elections.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 59, 2022 (Diaspora Voting – Sections 77 & 117)

The Bill seeks to amend the Constitution to allow Nigerians living outside the country to participate in the electoral process and vote.

Nigerian citizens in diaspora have shown tremendous interest in participating in the electoral process; they make considerable contribution to the economy through huge financial remittances to the country; and Diaspora voting is consistent with global best practices.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 60, 2022 (Mayoralty Status for the FCT – Sections 299, 301, 302 & 303)

This Bill seeks to alter the Constitution to create a democratic governance structure for the FCT through the office of Mayor of the Federal Capital Territory, Abuja, who is to be democratically elected.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 61, 2022 (Appointment of Minister from the FCT – Sections 147)

This alteration in this Bill seeks to give recognition to the constitutional status of the FCT as a State by ensuring that a person who is a registered voter and resident in the FCT is appointed as a minister.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 62, 2022 (Correction in the Definition of the Boundary of the Federal Capital Territory – Part II, First Schedule)

This Bill seeks to alter the provisions of the Constitution to correct the error in the definition of the boundary of the Federal Capital Territory, Abuja by substituting Nasarawa State for Plateau State.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 63, 2022 (Fundamental Human Rights – Sections 18 & 45)

This Bill seeks to alter the provisions of the Constitution to make free, compulsory, and basic education a fundamental right of all citizens under Chapter IV of the Constitution.  This Bill requires 4/5 of members for approval.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 64, 2022 (Defining Acts that Constitute Torture, Inhuman or Degrading Treatment – Section 34)

The Bill seeks to expand the definition of torture, inhuman or degrading treatment to include publicly parading persons arrested by the police or any other law enforcement agency. This Bill requires 4/5 of members for approval.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 65, 2022 (Food Security – Section 16)

This Bill seeks to alter the provisions of the Constitution to require the Government to direct its policy towards ensuring food security in Nigeria.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 49, 2022 (Nigeria Security and Civil Defence Corps – Section 213 & Part III)

This Bill seeks to entrench the establishment and core functions of the Nigeria Security and Civil Defence corps in the Constitution.

  1. Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 67, 2022 (Traditional Rulers and Institutions – Sections 153, 197 & Part II, Third Schedule)

This Bill seeks to alter the Constitution to establish the National and State Councils of Traditional Rulers respectively to advise the President and Governors on matters related to customary law, security and public order etc. As the rulers of various communities, and the custodians of the people’s cultures, they are well positioned to mobilize the people for action against insecurity in their domains.

  • Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) Bill, No. 68, 2022 (Affirmative Action)

This Bill seeks to alter the Constitution provide for at least not less than 10 percent of women as Ministers and Commissioners in the Federal and State Executive council, as this will guarantee inclusivity of women in governance.

In conclusion, the Chairmen of the Committee of the Senate and House of Representatives respectively expressed gratitude to the leadership of both chambers and urged lawmakers to liaise with the State Houses of Assembly to enlist their passage of these Bills.

In view of this, the Senate and the House of Representatives in the Committee of the Whole considered the 5th Alteration Bills. Following from this, the Senate had approved and passed 49 out of the 68 Bills, while the House of Representatives considered and approved 52 out of the 68 Bills.

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