…scrap SIECs, rule out state creation
. Insist on LG autonomy, deny caretaker chairmen funds
The House of Representatives Ad hoc Committee on the Review of the 1999 Constitution has stripped the president, vice-president, governor and deputy governor of immunity from criminal prosecution.
Section 308 of the 1999 Constitution of the Federal Republic of Nigeria (Amended) precludes the occupants of the offices from criminal prosecution.
Specifically, Section 308 subsection 1(a) states that: "No civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office."
But the House, at the presentation of the Constitution Review Committee's report, said the occupants of the office do not deserve such privilege.
Deputy Speaker of the House and the committee chairman, Emeka Ihedioha, while presenting the report at the plenary yesterday stated that this decision was in sync with Nigerians.
He said: "Section 308 was amended in line with the results from the Peoples' Public Sessions.
The committee also removed the immunity from prosecution from criminal offences for persons occupying the position of president, vice-president, governor and deputy governor, and to stem impunity levels."
In line with the report of the Senate on constitution review, the House foreclosed creation of additional states and granted autonomy to local governments.
Ihedioha told the House that "The committee received requests for creation of states running into more than 35 states. "None of the requests submitted to the committee complied with the procedure for creation of states outlined in section 8 of the constitution. Accordingly, the committee was unable to treat any of these requests.
"The committee, however, recognises that the existing provision in the constitution for the creation of new states is unclear and cumbersome. Accordingly, the committee has clarified the process to make it more coherent."
The committee altered the contentious Section 162 of the 1999 Constitution "to abrogate State Joint Local Government Accounts and empower each local government to maintain its own special account to be called "Local Government Council Allocation Account" into which shall be paid directly allocations made to the local government by the Federal Government from the Federation Account and from the government of the state."
The committee also seeks to bar un-elected local government chairmen from getting funding from government's purse.
It also allows for independent candidature in future elections.
While briefing the House, Ihedioha said: "The Constitution Alteration Bill, attached to this report is a reflection of members' bills referred to the committee after the second reading and the results of the Peoples' Public Sessions on the Review of the Constitution."
The highlights of the alterations contained in the bill are as follows:
Section 7: Local government system: The committee accepted the recommendation of the Peoples' Public Sessions which clearly underscored the need to create independence and autonomy for local government councils and give the councils their deserved role as catalysts for development at the grassroots level.
Accordingly, the committee created a fixed uniform term of four years for local government councils and prescribed denial of appropriation to councils that are not democratically elected.
The reforms proposed by the committee prescribed the mode of election of local government officials, their functions, tenure, qualifications for elections, and other related matters. Under the amendment proposed, elections into local government councils will be managed by the Independent National Electoral Commission, INEC.
Section 8: New States and Boundary Adjustment: The committee reviewed the provisions of section 8 to emphasise the importance of elected local government councils by inserting alterations that will ensure that only elected local government officials can participate in the process for creation of new states.
It added that only registered voters in a local government area can participate in a referendum for the creation of a new state. Section 9: In this section, the committee sought to clarify and remove ambiguities in language with respect to the alteration of the Constitution and also dispense with the requirement for assent of the president to be obtained for the amendment of the constitution.
The committee concluded that the provisions for the alteration of the constitution by members of the National Assembly and the participation of the 36 State Houses of Assembly represented adequate participation of Nigerians and that assent of the President negated the principle contained therein.
Section 12: The committee altered the provisions relating to Nigeria's international treaty obligations to provide for National Assembly's ratification and enactment.
Section 25: The report stated that "In order to address the various conflicts and crises surrounding the question of who is an indigene or settler in the community, the committee has redefined citizenship to take away this divide, meaning that a person who has lived in a community for a specified period is entitled to the same rights and privileges as citizens of that community.
"The amendment under this chapter fully defines indigeneship in a way to eliminate the conflict that this has posed in the past." Section 42, it stated that: "The committee altered section 42 of the constitution to specifically prohibit discrimination against persons living with disability."
Section 45A – D: The committee introduced a new section 45A – D to make " enforceable certain socioeconomic rights as fundamental rights and incorporating them into Chapter IV, the justiciable part of the constitution, thus creating as justiciable, the right to education, right to favorable environment, right to free primary and maternal health care services and the right to basic housing
." On Section 65, Ihedioha told the House that "The committee agreed to allow for independent candidacy in elections in Nigeria. This would, however, be subject to conditions stipulated under the Electoral Act."
The committee, he said, also amended Section 66 "to give seriousness to the issue of electoral offence, the committee provides grounds for disqualification of a candidate from contesting elections where he has been found guilty of an offence. This is also applicable at the state level.
The committee, according to Ihedioha, also reworked the constitution, "In order to entrench the independence of the offices of the Attorney-General of the Federation, the Accountant-General of the Federation and the Auditor- General of the Federation, and insulate them from political control. It, therefore, put these offices on the first line change of the Consolidated Revenue Fund of the Federation."
Ihedioha also told the House that the committee also altered Section 80 and "strengthened the provisions of section 80 of the constitution to plug leakages from the Consolidated Revenue Fund of the Federation and public funds of Nigeria to ensure that no expenditure is made by any organ of government without appropriation by the legislature."
He explained that Sections 81 and 82 were altered by the committee, "to ensure timely passage of the budget, and discipline in expenditure." The committee stipulated that budgets be submitted by the executive for approval no later than 90 days before the expiration of the fiscal year.
In Sections 84A – C, "the committee included a new section creating a new Office of the Accountant- General of the Federation and Accountant-General of the Federal Government to ensure that persons are appointed into these two separate offices for professional management of resources.
The committee also reworked Section 150 "to give effect to the results of the Peoples' Public Session which voted to separate the Office of the Minister of Justice from that of the Attorney-General of the Federation."
It, therefore, "made amendments to reflect this and insulating an independent Office of the Attorney- General of the Federation from partisanship and to be managed by a professional lawyer. This is also applicable at the state level".
In Section 153, Ihedioha told the House that: "The committee felt that the issue of electoral offences is of such importance as to warrant the creation of an independent electoral offences commission to handle it."
Ihedioha said the committee also altered Section 197 to abrogate State Independent Electoral Commissions, SIECs.
According to him, "to protect the integrity of the electoral process at local government level and respond to the complaints of partisanship of State Independent Electoral Commissions, SIECs, accordingly, it deleted the existence of SIECs and vested the power to conduct local government councils across the federation in the Independent National Electoral Commission, INEC."
He also said that the committee amended "Section 201 and 3rd Schedule, Part I to "create a role for traditional rulers at the federal and state levels providing for representation of traditional rulers in the National Council of State and the creation of a State Council of Chiefs at the state level."
He said Section 214 of the constitution was amended "to delete the word "Force" from the name of the Nigeria Police, providing for the name to now be "Nigerian Police" rather than "Nigeria Police Force."
The committee also amended Section 241 "to address concerns over delay in the courts by limiting the use of interlocutory appeals to stay proceedings in court." He said: "The committee also altered section 315.
This section of the constitution as approved by the Peoples' Public Session removes the powers of the President and governor of the state to modify existing laws."
The committee altered the constitution to provide for the transfer of Railways, from the Exclusive List to the Concurrent List to further boost devolution of powers. Health, Housing and Electricity were transferred to the concurrent list.
Ihedioha said that the committee carried out a "thorough job" in line with the mandate given to it by the assembly. He urged the house to expedite action on the consideration and adoption of the report to quicken its passage.
"The house should expedite the process of alteration of the constitution requiring collaboration with the Senate and the State Houses of Assembly," he said.
In his response, the Speaker, Aminu Tambuwal, said that the assembly would consider and adopt the report before proceeding on annual recess.
"We shall consult with the leadership and look at the possibility of considering the report before we go on vacation," he said.
He said that copies of the amended constitution would be made available to members preparatory to the consideration of the report.
The speaker applauded the committee for its commitment to the amendment process.
