The Senate at its plenary session of Wednesday, 26 July 2017 considered and electronically voted on the Constitution Alteration Amendment Bills before it. Under section 9 (2) of the 1999 Constitution, alteration Bills shall not be passed in either House of the National Assembly unless the proposal is supported by the votes of not less than two-thirds majority of all the members of that House and approved by resolution of the Houses of Assembly of not less than two-thirds of all the States.

Out of the 33 Bills presented, 28 Bills were out rightly passed while 4 Bills were rejected. However, this position was slightly different for Bill No 11, which provided for a time frame of 30 days for the President or Governor to submit nominees for Ministerial and Commissioner positions respectively, The Bill also sought a 35 percent affirmative action for women in Ministerial /Commissioner positions. Nonetheless, while provisions of the Bill pertaining to the time frame for the nominations was approved, Senate rejected the inclusion of affirmative action for women in the Constitution and suggested for its inclusion rather in the Gender and Equal Opportunities Bill.

Other Bills rejected include Bill No 4, which sought to devolve more powers to State by giving them more powers to legislate on items that were previously in the exclusive legislative list. Some of the items recommended for the State to legislate on include “Health”, “Arbitration” and “Agriculture”. In addition to this, the Bill seeking to alter section 8 of the Constitution to remove ambiguities in State creation and boundary adjustment and for related matters were rejected. Also, a Bill attempting to remove the Land Use Act from section 315 of the 1999 Constitution to make its amendment process less rigorous was rejected. Affirmative action for women also suffered another blow as Senate voted against the Bill guaranteeing married women’s right to choose her indigeneship by birth or marriage for the purposes of appointment or an election.

Nevertheless, there were also some notable provisions passed. For instance, the Bills seeking to reduce the period that a President or Governor may authorise the withdrawal of monies in the absence of an Appropriation Act from 6 months to 3 months was approved. This will arguably encourage the timely presentation and passage of budgets; if eventually assented to. Other notable bills include the Bill on Distributable Pool Account, which will empower local governments to be directly paid from the Federation account and directly maintain their special account. The Bill also makes provisions for savings in the Federation account before distribution to other levels of government. Also related to this, is a separate Bill that strengthens and make provisions for the existence of local government as a third tier of government. The Bill enabling independent candidacy and reducing the age limit for the elective position of President, Vice President, Governor President, Senate, House of Representatives and State House of Assembly was also approved.

Other approved Bills include those contained in the 4^th Alteration Bill that was approved by the 7^th Assembly but did not obtain the President Goodluck Jonathan’s assent such as the Bills creating a separate office for the Minister/Commissioner of Justice from the Attorney General of the Federation or States, the Bill seeking to establish the office of the Accountant General of the Federal Government as separate from the Accountant General of the Federation and the Bill seeking to resolve the impasse where the President refuses to assent or withhold assent on money and ordinary bills. In such a case, the Bill provides a procedure for the National and State House of Assembly to dispense with the President or Governor’s assent.

Lastly, the Senate approved amendments on the Bills seeking to remove the National Securities Act, and the NYSC Decree and the Public Complaints Commission Act from the Constitution. The intention of this is to subject their stringent procedure of amendment to the regular process of amendment. The current process for amendment of the aforementioned legislation is contained in section 9 (3) of the Constitution, which provides for votes not less than four-fifths majority of all the members of each House of the National Assembly and approved by resolution of the House of Assembly of not less than two-third of all States.

While the Senate has finished voting on the Constitution alteration Bills, the House has scheduled voting for Thursday, 27^th July, 2017 after which clauses passed will be expected to be transmitted to State Houses of Assembly for concurrence.

The list of the approved Constitution Amendment Bills and the Senate report are found below:

1. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 1, 2017 (Composition of Members of the Council of State) which seeks to amend the Third Schedule to include former Presidents of the Senate and Speakers of the House of Representatives in the composition of the Council of State.
2. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 2, 2017(Authorisation of Expenditure) which seeks to alter sections 82 and 122 of the Constitution to reduce the period within which the President or Governor of a state may authorise the withdrawal of monies from the consolidated revenue fund in the absence of an appropriation act from 6 months to 3 months.
3. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 4, 2017(Financial Autonomy of State Legislatures) which seeks to provide for the funding of the Houses of Assembly of States directly from the Consolidated Revenue Fund of the State.

4. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 5, 2017(Distributable Pool Account) which seeks to alter section 162 of the Constitution to abrogate the State Joint Local Government Accounts and empower each Local Government Council to maintain its own special account into which all allocations due to the Local Government Council shall be directly paid from the Federation Account and from the Government of the State and also to make provisions for savings in the Federation Account before distribution to other levels of Government.

5. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 6, 2017(Local Government) – The alterations here are aimed at strengthening local government administration in Nigeria by guaranteeing the democratic existence, funding, and tenure of local government councils.
6. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 8, 2017(The Legislature) which seeks among other things to alter sections 4, 51, 67, 68, 93 and 109 of the Constitution to provide immunity for members of the legislature in respect of words spoken or written at plenary sessions or at Committee proceedings; institutionalize legislative bureaucracy in the Constitution like the Civil Service Commission in the executive and the Judicial Service Commission in the judiciary; and, obligate the President to attend a joint meeting of the National Assembly once a year to deliver a state of the nation address.

7. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 9, 2017(Political Parties and Electoral Matters) which seeks to alter section 134 & 179 to provide sufficient time for INEC to conduct bye-elections; and section 225 to empower the Independent National Electoral Commission (INEC) to de-register political parties for non-fulfillment of certain conditions such as breach of registration requirements and failure to secure/win either a Presidential, Governorship, Local Government chairmanship or a seat in the National or State Assembly or a Councillorship.

8. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 10, 2017(Presidential Assent) which seeks to alter sections 58, 59 and 100 to resolve the impasse where the President or Governor neglects to signify his/her assent to a bill from the National Assembly or withhold such assent. This is to enable timely passage of laws for good governance.

9. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 11, 2017 (Timeframe for submitting the Names Ministerial or Commissioners Nominees) which seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to set 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 Commissioners; provide for attachment of portfolio and thirty-five percent affirmative action for women.

However, the Clause on 35% Affirmative action for women was rejected

10. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 12, 2017 (Appointment of Minister from the FCT) which seeks to alter section 147 of the Constitution of the Federal Republic of Nigeria, 1999 to provide for the appointment of a Minister from the FCT, Abuja to ensure that the FCT is represented in the Executive Council of the Federation.

11. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 13, 2017 (Change of Names of some Local Government Councils) which seeks to alter the Constitution to provide for change in the names of some Local Government Councils and the definition of the boundary of the FCT, Abuja.

12. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 14, 2017 (Independent Candidature) which seeks to alter sections 65, 106, 131, and 177 of the Constitution. This is aimed at expanding the political space and broadening the options for the electorate by allowing for independent candidacy in all elections.

13. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 15, 2017 (The Police) which seeks to alter the Constitution in sections 34, 35, 39, 214, 215, 216 and the Third Schedule to change the name of the Police from “Nigeria Police Force” to “Nigeria Police” in order to reflect their core mandate.

14. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 16, 2017 (Restriction of Tenure of the President and Governor) which seeks to restrict a person who was sworn-in as President or Governor to complete the term of the elected President from contesting for the same office for more than one term.

15. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 17, 2017(Separation of the Office of Accountant-General) which seeks to alter section 84 of the Constitution to establish the office of the Accountant-General of the Federal Government separate from office of the Accountant-General of the Federation.

16. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 18, 2017 (Office of the Auditor-General) which seeks to make the office of the Auditor-General for the Federation and for the State financially independent by placing them on first-line charges in the Consolidated Revenue funds of the Federation and of the States.

17. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 19, 2017(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) which seeks to alter sections 150, 174, 195, 211, 318 and the Third Schedule to the Constitution to separate the office of the Minister or Commissioner for Justice from that of the Attorney-General of the Federation and of states so as to create an independent office of the Attorney-General of the Federation insulated from partisanship. It also seeks to redefine the role of the Attorney-General, provide a fixed tenure, provide the age and qualification for appointment and also for a more stringent process for the removal of the Attorney General.

18. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 20, 2017 (Judiciary) which seeks to make alterations with regards to the Judiciary such as the composition of the National Judicial Council, and empowering Justices of the Supreme Court and Court of Appeal to hear certain applications in chambers thereby enhancing the speedy dispensation of justice.

19. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 21, 2017 (Determination of Pre-Election Matters) which seeks to among other things make provisions for timelines for the determination of pre-election disputes.

20. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 22, 2017 (Civil Defence) which seeks to reflect the establishment and core functions of the Nigeria Security and Civil Defence Corps. It is a consequential amendment because of the inclusion of the national security and civil defence as an item in the Exclusive Legislative List under the Second Schedule to the Constitution.

21. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 24, 2017 (Procedure for overriding Presidential veto in Constitutional Alteration) which seeks to among other things provide the procedure for passing a Constitution Alteration Bill where the President withholds assent.
22. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 25, 2017 (Removal of the Law-making powers of the Executive from the Constitution) which seeks to alter section 315 of the Constitution of the Federal Republic of Nigeria, 1999 to remove the law-making powers of the Executive Arm of Government.

23. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 26, 2017 (Investments and Securities Tribunal) which bill seeks to establish the Investments and Securities Tribunal under the Constitution.

24. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 27, 2017 (Reduction of Age Qualification) – This Bill seeks to alter Sections 65, 106, 131, 177 of the Constitution to reduce the age qualification for the offices of the President and Governor and membership of the Senate, House of Representatives, and the State Houses of Assembly.

25. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 28, 2017 (Authorisation of Expenditure 1) which seeks to provide for the time within which the President or Governor shall lay the Appropriation Bill before the National Assembly or House of Assembly to encourage the timely presentation and passage of Appropriation Bills.

26. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 29, 2017 (Deletion of the NYSC Decree from the Constitution) which seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to delete the National Youth Service Corps Decree from the Constitution so that it can be subject to the regular process of amendment.

27. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 30, 2017 (Deletion of the Public Complaints Commission Act from the Constitution) – The Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to delete the Public Complaints Commission Act from the Constitution so that it can be subject to the regular process of amendment.

28. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 31, 2017 (Deletion of the National Securities Act from the Constitution) – The Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to delete the National Securities Act from the Constitution so that it can be subject to the regular process of amendment.
    

29. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 33, 2017 (Deletion of the State Independent Electoral Commission from the Constitution) which seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to delete the State Independent Electoral Commission Act from the Constitution so that it can be subject to the regular process of amendment.

The Constitution Amendment Bills rejected by the Senate includes

1. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 3, 2017(Devolution of Powers) which seeks to alter the Second Schedule, Part I & II to move certain items to the Concurrent Legislative List to give more legislative powers to States. It also delineates the extent to which the federal legislature and state assemblies can legislate on the items that have been moved to the Concurrent Legislative List.

2. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 7, 2017(State Creation and boundary Adjustment) which seeks to alter section 8 of the Constitution to ensure that only democratically elected local government councils participate in the process of State creation and boundary adjustment .It also removed ambiguities in the extant provisions to enhance clarity with respect to the procedure for state creation.

3. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 23, 2017 (Citizenship and Indigeneship) which seeks to alter section 25 of the Constitution to guarantee a married woman’s right to choose either her indigeneship by birth or by marriage for the purposes of appointment or election.

4. Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 32, 2017 (Deletion of the Land Use Act from the Constitution) which seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to delete the Land Use Act from the Constitution so that it can be subject to the regular process of amendment.

Click here to view the full report of the Bill.