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Do You Support It YES OR NO! House Removes Immunity For President, Governors
started in the House of Representatives yesterday.
The House approved 71 amendments to the Constitution
after an executive session.
The mandatory two-thirds required (240 of the 360-member
House) for the amendment to pass was met as 252 of the
261 members that voted were in favour of the amendments.
Eight voted against and one abstained.
The lawmakers have placed the National Security Agencies,
the office of the Auditor-General of the Federation, the
Police, Revenue Mobilisation Allocation and Fiscal
Commission, on a first-line charge from Nigeria's
Consolidated Revenue Account.
The President or Deputy President of Senate and Speaker or
Deputy Speaker of the House of Representatives are to
receive pension for life as approved by the lawmakers.
The President will mandatorily address a joint meeting of
the National Assembly once a year, if the amendments get
the Senate's concurrence and are approved by two thirds of
the 36 state Houses of Assembly.
But the review suffered a setback in the Senate.
Though the consideration of the report of the conference
committee on the review of the Constitution of the Federal
Republic of Nigeria, 1999 (further amendment) Bill 2014 was
listed in the Order Paper, the consideration could not hold
due to lack of quorum.
The Senate Committee on Rules and Business listed in the
Order Paper: "That the Senate do consider and approve the
report of the Conference Committee on the Review of the
Constitution of the Federal Republic of Nigeria 1999 (Further
Amendment) Bill, 2014."
It was listed against the name of the Deputy Senate
President Ike Ekweremadu, who is also chairman, Senate
Committee on Review of the 1999 Constitution.
It was gathered that the Senate leadership decided that
because the required quorum for the consideration of the
report of the conference committee was not formed, the
consideration of the report would be taken on another
legislative day.
Our correspondents also gathered that the Senate
leadership did not want to play into the hands of those who
might accuse it of sidelining some senators in the
consideration of the report.
It was not clear if the report would be considered today.
While considering the 108-page report, the House approved
"independent candidacy" to participate in general elections
as well "life pension for President, Vice President, Senate
President, Deputy Senate President, as well as Speaker and
deputy Speaker of the House of Representatives".
This is contingent on if the occupant was not impeached
from office.
Members also approved Section 7(1a) which prohibits
appointment of caretaker committee by governors while
7(1b) provides for four-year term to democratically elected
council. Subsection 7(1c) grant financial autonomy to local
governments.
They approved the immunity clause, Section 4(7a), which
states that "in the course of exercising the foregoing
legislative powers, no civil or criminal proceedings shall be
instituted against a member of a legislative House in respect
of words spoken or written before the House or a committee
thereof."
These were part of the recommendations of the harmonised
report of the Ad-hoc Committee on Constitution review
adopted by the lawmakers at the Committee of the Whole.
Other amendments approved include state creation,
indigeneship and citizenship, budgetary process and role for
traditional Rulers, among others.
An alteration of Section 241, which inserts a new subsection
(2A), bars Nigerian courts or tribunals from staying any
proceeding on account of an interlocutory appeal.
They also voted to include in the concurrent legislative list
seven items which include railways, agriculture and
pensions.
Federal lawmakers also backed adoption of referendum for
state creation.
They, however, rejected the amendment of Section 9 to
allow for a referendum in determining the fate of the
National Conference recommendations.
An alteration of Section 7, among others, stops revenue
allocation from the federation account to local governments
that are not democratically elected. Local government
administrations also stand dissolved at the expiration of
four years, commencing from the date the members of
Council were sworn in.
An alteration of Section 59 allows the National Assembly to
bypass the president should he fail to sign a Bill presented
to him within 30 days.
It states: "Within seven days, the President of the Senate
shall convene a joint sitting of the National Assembly to
reconsider the Bill and if passed by two-thirds majority of
members of both houses at such joint sitting, the Bill shall
become law and the assent of the President shall not be
required," the alteration reads.
The action is the most far-reaching amendment made to the
constitution.
It was learnt that the closed- door session was to allow
members agree on the modalities for the voting on the
amendments.
The leadership was said to have impressed it on members
that there was need to pass the amendments without
bickering due to its importance to democracy and the need
to conclude it expeditiously.
The report will be transmitted to the 36 Houses of Assembly
for concurrence, after the Senate's concurrence.
Chairman, Ad-Committee on Constitution Review, Emeka
Ihedioha, said exhaustive deliberations with the Senate on
the areas of differences was done with due regard to the
wishes of the people,
"At this stage, we also urge you to reach out to your
respective House of Assembly members whom Section 9 of
the Constitution have made critical and distinctive partners,
to support the realisation of the recommendations of the
Committee here attached, which we believe is another
milestone towards repositioning our fundamental legal
framework for public good," he said.
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