Reps mull removal of transitional lawmaking powers from president, govs

•Such powers confer authority on executive to make laws during emergency, political transition

The House of Representatives has passed through Second Reading a bill seeking to remove to transitional lawmaking powers from the executive arm of government, and for related matters.

The proponent of the legislation, who is the immediate deputy Speaker, Honourable Ahmed Idris Wase,  seeks to alter Section 315 of the 1999 Constitution (as amended) by deleting subsection (2); and subsection (4) (a) (i) – (iii) and (c). 

If the alterations succeed, the executive (typically the President or governor) would lose the authority to make laws during a transitional period.

The transitional lawmaking powers refer to the authority granted to the executive to make laws during a transitional period, often in times of crisis, emergency, or political transition.

Such powers are usually intended to enable the executive to respond quickly and effectively to urgent situations, without the need for lengthy legislative processes.

Currently, Section 315 of the 1999 Constitution (as amended) stipulates that: (1) Subject to the provisions of this Constitution, an existing law shall have effect with such modifications as may be necessary to bring it into conformity with the provisions of this Constitution and shall be deemed to be – 

(a) an Act of the National Assembly to the extent that it is a law with respect to any matter on which the National Assembly is empowered by this Constitution to make laws; and 

(b) a Law made by a House of Assembly to the extent that it is a law with respect to any matter on which a House of Assembly is empowered by this Constitution to make laws. 

(2) The appropriate authority may at any time by order make such modifications in the text of any existing law as the appropriate authority considers necessary or expedient to bring that law into conformity with the provisions of this Constitution. 

(3) Nothing in this Constitution shall be construed as affecting the power of a court of law or any tribunal established by law to declare invalid any provision of an existing law on the ground of inconsistency with the provision of any other law, that is to say- 

(a) any other existing law; 

(b) a Law of a House of Assembly; 

(c) an Act of the National Assembly; or 

(d) any provision of this Constitution. 

(4) In this section, the following expressions have the meanings assigned to them, respectively – 

(a) “appropriate authority” means – 

(i) the President, in relation to the provisions of any law of the Federation, 

(ii) the Governor of a State, in relation to the provisions of any existing law deemed to be a Law made by the House of Assembly of that State, or 

(iii) any person appointed by any law to revise or rewrite the laws of the Federation or of a State; 

(b) “existing law” means any law and includes any rule of law or any enactment or instrument whatsoever which is in force immediately before the date when this section comes into force or which having been passed or made before that date comes into force after that date; and 

(c) “modification” includes addition, alteration, omission or repeal. 

(5) Nothing in this Constitution shall invalidate the following enactments, that is to say – 

(a) the National Youth Service Corps Decree 1993; 

(b) the Public Complaints Commission Act; 

(c) the National Security Agencies Act; 

(d) the Land Use Act, and the provisions of those enactments shall continue to apply and have full effect in accordance with their tenor and to the like extent as any other provisions forming part of this Constitution and shall not be altered or repealed except in accordance with the provisions of section 9 (2) of this Constitution. 

(6) Without prejudice to subsection (5) of this section, the enactments mentioned in the said subsection shall hereafter continue to have effect as Federal enactments and as if they related to matters included in the Exclusive Legislative List set out in Part I of the Second Schedule to this Constitution. 

The bill, which was passed on the floor of the House last week, has been referred to the Special Ad-hoc Committee on Constitution Review chaired by the deputy Speaker, Honourable Benjamin Kalu, for further legislative actions.

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