House of Representatives Deputy Speaker, Emeka Ihedioha, has presented a report on the nationwide amendment of the 1999 Constitution, the highlights of which include undeniable right to free basic education and free healthcare services for all citizens.
The report summaries the resolutions of state Houses of Assembly after both Chambers of the National Assembly (NASSS) had harmonised their positions.
The Senate, the House of Representatives, and 24 of the 36 state Assemblies (two-thirds) have to approve any amendment to the Constitution before it can be passed into law and assented to by the president.
Ihedioha presented the report at plenary in his capacity as the Chairman of the House Committee on the Review of the Constitution.
The approved amendments include
• Introduction of new Sections 45A and 45B to lift two items bordering on free basic education and free primary and maternal healthcare services from Chapter 2 to Chapter 4 in order to make them justiciable.
By this, citizens have the freedom to go to court to seek redress for perceived breach of these rights by the government.
• Putting national security agencies, the police, state Houses of Assembly, the offices of attorneys general and auditors general in first line charge in the federal Consolidated Revenue Fund.
“This shall grant them financial autonomy to enable them carry out their assignments without the hindrance of non-release of their allocations and ensure their operational autonomy,” Ihedioha said, quoting the report.
• Independent candidacy in elections “to further open up the political space.”
• A new Section 228(e) which says that “the National Assembly may by law provide for procedures, guidelines and qualifications for access to the ballot by political parties and independent candidates.”
• Removal of the word ‘Force’ from the Nigeria Police to emphasise the civil nature of policing “rather than celebrate brute force.”
• Remove of ambiguities in the creation of new states and making boundary adjustments in Section 8.
The Section says, “The referendum required for a new state shall now be approved by at least two-thirds majority of the ‘registered voters’ of the local government areas where the demand originated from, instead of the current provision of approval by ‘two-thirds majority of the people of the area’ which is ambiguous and subject to different interpretations.”
• A new office of accountant general of the federal government separate from the office of the accountant general of the federation.
• Introduction of civil/criminal sanctions for failure or refusal to honour summons issued by a legislature or its committees.
• Separation of the offices of attorney general of the federation and minister of justice.
• Separation of the offices of state attorney general and commissioner for justice.
• Amendment for 180 days and 60 days respective timelines for filing of election petitions and delivery of judgment by tribunal (or court) to consider unforeseen events of force majeur.
• Insulation of lawmakers from civil or criminal proceedings over words spoken or written in the legislature or its committees.
Ihedioha informed the House that some items like autonomy for councils and the creation of an independent auditor general for the councils were rejected by two-thirds majority of state legislatures.