Nigeria Begins Sixth Constitutional Alteration

Gloria Essien, Abuja

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The House of Representatives has inaugurated its constitutional review committee for the alteration of the 1999 Nigerian constitution as amended.

The composition of the committee is representative, comprising one member from each of the 36 states of the Federation and the FCT.

The Speaker of the House of Representatives, Hon Tajudeen Abbas, while inaugurating the committee, said that it marked another significant moment in the democratic journey towards a more ‘perfect union’.

The inauguration of the House Committee on the Review of the Constitution (CRC) of the Federal Republic of Nigeria, 1999 (as amended) is not just a ritual but a reflection of our collective resolve to ensure that the foundational document of our democracy evolves to meet the aspirations of all Nigerians. Our population in 1999 was about 120 million. However, by 2023, we had exceeded 220 million people. These rapid changes underscore the need to continuously transform the Constitution into a living and transformative document,” Honourable Abbas said.

He said that it is expected that the sixth alteration under this tenth National Assembly would be the most comprehensive.

Adoption

Honourable Abbas also said that the House is already working on a Constitution Alteration Procedure Bill to provide a framework and a timeline for the passage of Constitution alteration bills by the National Assembly and adoption by State Houses of Assembly.

The early commencement of constitution review activities by the 10th House is yet another step towards actualising our Agenda.

The Speaker also noted that the committee will ensure greater inclusion.

The Committee will also have six (6) additional women, one from each of the six geo-political zones. Furthermore, the House Zonal Caucus Leaders have been co-opted in an advisory capacity to advise the Committee on issues relating to their respective zones. Lastly, the Committee’s secretariat will also include a representative of people living with disabilities to ensure that their concerns are properly accommodated. The mandate of the Committee is to receive and consider proposals for alteration of the 1999 Constitution (as amended), create a forum for stakeholders and the public to make inputs into the review process and collaborate with the Senate and the State Houses of Assembly as required by law,” he said.

He also pointed out Nigeria’s journey through constitutional amendments.

It is essential to acknowledge the journey Nigeria has embarked upon since the return to democracy in 1999. Our country has witnessed significant milestones and challenges alike. Through each phase, our democracy has been tested and is still being challenged.

Yet, even after 25 years, it stands resilient, reinforced by our collective belief in the principles of freedom, equality, and justice for all. The 1999 Constitution, as the supreme law of the land, has been the grundnorm of our democracy for over two decades. Yet, like any great edifice, it requires periodic assessment and renovation to ensure it meets the changing needs and aspirations of our people.

While some citizens argued that the document should be entirely discarded, it is important to remember that democratic consolidation can only be incremental and gradual.

He said more matured democracies have accepted this position in advancing democratic consolidation, explaining that the United States has ratified 27 amendments to its Constitution.

Landmark changes

He said since the inception of the Fourth Republic, the Constitution has been subjected to five alterations with landmark changes that have strengthened our democratic institutions, federalism and governance generally.

The First and Second Alterations provided for the Financial Independence of the National Assembly and Independent National Electoral Commission and granted the Supreme Court jurisdiction on appeals from the Court of Appeal on the elections of governors and their deputies.

The Third and Fourth Alterations, among others, established the National Industrial Court under the Constitution as a superior court of record and provided for the funding of the Houses of Assembly of States directly from the Consolidated Revenue Fund of the State. Under the 9th Assembly, the Fifth Alteration made some of the most far-reaching amendments.

Honourable Abass said it clarified and reinforced financial autonomy for State Houses of Assembly and Judiciary, decongested the Executive List, defined guidelines for the First Session and Inauguration of Members-Elect of the National and State Houses of Assembly, and deleted reference to the provisions of the Criminal Code, Penal Code, Criminal Procedure Act, Criminal Procedure Code or Evidence Act, among others.

All these made the Fifth Alteration the most extensive since 1999,” he said.

Foreigners

He urged the committee to revisit the issue of additional or reserved seats for women across legislative bodies, twinning in joint tickets and conferring citizenship on foreigners married to Nigerian women.

“Other critical areas for your consideration include implementing comprehensive electoral reforms to address the gaps identified in the aftermath of the 2023 general elections; strengthening the enforceability of legislative instruments; and institutional strengthening for greater accountability, among others.

These areas are crucial for reinforcing our democracy and ensuring that the governance structure meets the needs and aspirations of all Nigerians. Several Bills have already been introduced in both the Senate and the House, touching on some of these very important issues.

I encourage Members of the Committee and all Nigerians not to shy away from the complexities and the debates that will arise during this process. Instead, let us embrace them as vital components of a vibrant democracy.”

He said the discussions and disagreements should not be seen as signs of weakness but rather indications of Nigeria’s strength, diversity and reminds Nigerians of their valuable to contribute to our collective future.

Proposals received

Meanwhile, the Deputy Speaker of the House, Hon Benjamin Kalu, who is the Chairman of the Constitutional Review Committee, said that the areas that are currently at the forefront based on the bill proposals received include the establishment of state police; state access to mines; increased participation of women in politics.

Others include clear specification of the taxes/levies to be collected by each tier of government and the provision for the office of the Mayor of the Federal Capital Territory Abuja.
Several bill proposals that were passed but did not make the President’s assent during the Fifth Constitution alterations have been brought back and they include powers to the National Assembly and State Assemblies to summon the President and State governors, and requirements of the government to direct policies towards ensuring the rights to food and food security,” Honourable Kalu said.

Advocacy

He said it was important to reiterate that the committee was willing to accommodate more proposals to enhance the constitution and strengthen Nigeria’s democracy.

In addition, we await executive-sponsored bill proposals that reflect issues on the renewed hope agenda of Mr President.

The Deputy Speaker noted that the call to action is clear, and the pathway forward is illuminated by the principles of dialogue, advocacy, participation, unity, and inclusivity.

On his part, the the British High Commissioner to Nigeria, Mr Richard Montgomery, in his goodwill message, said that the UK and the entire world would be watching the review.

There were goodwill and solidarity messages my top government officials and friends of Nigeria.

Lateefah Ibrahim

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