Constitution amendment: Senate on the march again

THE Senate Constitution amendment Committee headed by the Senate President, Senator Ike Ekweremadu, has commenced another journey on a familiar route of constitution amendment. Ekweremadu, whose latest assignment actually started on January 13, 2016, will go into the records as one man who has superintended over the amendment of the Nigerian Constitution for three consecutive National Assembly Sessions. He was first appointed the chairman of the National Assembly Joint Committee on Constitution Review in 2008. That was in the 6th National Assembly. The idea of a Joint Committee was, however, later jettisoned and he emerged the chairman of Senate Committee on Constitution Review of the 6th Senate.

His efforts at the time led to the passage of the first sets of amendments to the Constitution in 2010. Again in the 7th Session, Ekweremadu also served as the chairman of the Constitution Review Committee. His efforts culminated in the passage of the 2014 amendments to the Constitution, which were submitted to the President early 2015. The amendments could, however, not sail through as result of the controversy over the necessity of Presidential assent. That controversy dragged to the Supreme Court where it eventually got time barred.

This 8th Senate appears to have started early and with Ekweremadu in charge once again, the ground to cover should have been narrowed.

Following the retreat held in Lagos some months back, the Committee released its interim report to the Senate on Thursday. In the report, which contained 12 broad amendments but spanning several sections of the Constitution, the Senate Committee is proposing a

stoppage to the Joint State and Local Government Accounts as well as expansion of the concurrent legislative list to accommodate items hitherto domiciles in the exclusive list. The Committee is also seeking to create Mayoral status for the Federal Capital Territory (FCT) Abuja.

Senator Ekweremadu, who presented the status report on the amendment process to his colleagues, said that the proposal to ensure the emergence of democratically elected councils will enhance the practice of democracy. He said that the Committee adopted the recommendation seeking to create a Mayoral status for the Federal Capital Territory (FCT), adding that the Mayor would have the responsibility to administer the Federal Capital as if it were a state of the federation.

According to him, Section 7 of the 1999 Constitution is to be amended to provide for uniform 3-year tenure for elected local government council officials.

“Local Governments without a democratically elected council shall not be entitled to any revenue from the Federation Account” the report read.

Another key aspect of the proposed amendment is the plan to ensure the country saves for the rainy day. The present constitution does not encourage savings by government as it indicates that all funds standing to the credit of the Federation Account should be shared among the tiers of government.

He said that the Committee provided that government at the center should save at least 50 percent of oil revenues above the bench mark for a particular year and 10 per cent of any non-oil revenue annually.

The Committee also recommended amendments to Sections 82 and 122 of the Constitution to reduce the period within which the president or a governor may authorise the withdrawal of monies from the Consolidated in the absence of an appropriation Act. The period is to be reduced from six months to three.

One other amendment seen as forward looking is the proposal that presidents or governors must appoint ministers and commissioners to help them carry out day-to-day running of the government within 60 days of assumption of office.

While the reduction in the period the executive can spend funds before appropriation will ensure early presentation of budgets, the timeframe for appointing ministers and commissioners will also help in the early composition of government.

Ekweremadu had said: “Essentially, this will compel early presentation of budget proposal by the executive arm of government thereby giving the legislature sufficient time to scrutinise such proposal.”

Besides, the Committee is also seeking amendments to Section 121 of the Constitution to guarantee First Line charge of funding for State Houses of Assembly as a way of securing their autonomy from the state governors.

The Committee is also seeking amendment to Sections 147 and 192 of the Constitution to ensure that the president and governors attach portfolios to persons nominated as ministers or commissioners prior to confirmation by the Senate or State House of Assembly.

The Senate Committee is also seeking to formalise the State of the Union Address by ensuring that the president addresses a Joint sitting of the National Assembly once a year to deliver the Address.

The report indicated further that the Second Schedule to the Constitution at Part I and II are to be amended to decongest the Exclusive Legislative List and move items such as Pensions, Railways and Prisons to the Concurrent Legislative List.

Now that the lawmakers have commenced another journey in search of constitutional Eldorado, it should no longer be an unwinding route. The Committee should have learnt the dangerous curves and then navigate faster.