TheCable

On March 17, Idris Wase, deputy speaker of the house of representatives, announced that President Muhammadu Buhari had signed 16 constitutional amendment bills into law.

The bills, some of which were to effect corrections in the names of LGAs, are available here.

But beyond name corrections, the constitutional amendment bills sought to alter, modify or amend sections of the constitution.

In recent years, there have been demands for the constitution to be amended to restructure the country; in other words, to devolve more powers to the state and local governments.

In the 1999 constitution, there are many subjects that the state assembly cannot legislate on because such right is only reserved for the national assembly. Some of these subjects — such as railways, power generation, and prisons — have now been moved to the concurrent list, meaning both the national assembly and state parliaments may legislate on them.

In 2015 when Buhari was elected for his first term, it took the president about seven months to name his cabinet — a development that drew harsh criticisms from Nigerians.

Such a situation is now unconstitutional.

TheCable highlights some of the bills signed into law by Buhari and how they have altered the constitution.

Financial independence of state house of assembly and state judiciary

Former position of the law: Section 121(3) of the constitution stipulated that any amount standing to the credit of the judiciary in the consolidated revenue fund (CRF) of the state shall be paid directly to the heads of the body concerned.

The section was not explicit about the financial independence of the state house of assembly and state judiciary.

Amendment: The law is now very explicit on the financial independence of the state judiciary and state house of assembly. Section 121 (3) of the constitution is now replaced with a new one.

The new subsection 3 says any amount standing to the credit of (a) a state house of assembly in the consolidated revenue fund of the state shall be paid directly into the account of the assembly, and (b) the judiciary of a state in the consolidated revenue fund of the state shall be paid directly to the heads of the courts concerned.

A new subsection 4 has also been added to section 121.

Subsection (4b) stipulates that all monies due to the house of assembly and the judiciary for capital and recurrent expenditure shall be paid by the state accountant-general into the house of assembly and judiciary accounts in monthly instalments respectively.

Subsection (4C) states that the monies due to the house of assembly and the judiciary shall be the amount appropriated in the appropriation law of the state for the year.

Prisons redesignated as “correctional services”

Former position of the law: Only the national assembly could legislate on prisons.

Amendment: In the second schedule, part 1 of the constitution, the word “prisons” has now been replaced with “correctional services”. The national assembly has the power to make laws for correctional services in any part of the federation, including the establishment of custodial centres.

The state house of assembly can now also make laws with respect to correctional services, including the establishment of correctional centres, in any part of the state.

Railways now on the concurrent legislative list

Former position of the law: Only the national assembly had the power to legislate on railways.

Amendment: The national assembly has the powers to make laws for the federation or any part thereof with respect to the construction and maintenance of inter-state railway tracks and infrastructures, the establishment of a national railway agency for the regulation of railway operations throughout the federation; and establishment and maintenance of a national railway carrier for inter-state transportation throughout the federation.

State parliaments may now make laws for the state with respect to the establishment, operation and maintenance of a state railway carrier within the state, including the construction and maintenance of railway tracks and infrastructures within the state.

States can generate, transmit and distribute electricity in areas covered by the national grid

Former position of the law: In the second schedule, part II of the constitution, the national assembly and state parliaments had the power to make laws on electricity and the establishment of electric power stations.

However, a state house of assembly may make laws for the state with respect to the generation, transmission and distribution of electricity to areas not covered by a national grid system within that state.

Amendment: A house of assembly may now make laws for the state with respect to the generation, transmission and distribution of electricity in areas covered by the national grid.

Presidents and governors are to submit names of cabinet members within 60 days

What the law says: Section 147 of the constitution stipulates the requirement upon which the president or governor shall follow in appointing a minister or commissioner.

New provision: New requirement has now been added to section 147 of the constitution for the appointment of a minister or commissioner.

The new requirements are as follows:

1. Provided that no ministerial nominee shall be confirmed by the senate unless evidence of declaration of assets and liabilities of the nominee as prescribed in this constitution is presented.
2. The nomination of any person to the office of a minister for confirmation by the senate shall be done within sixty days after the date the president has taken the oath of office, and
3. Not less than ten percent of persons appointed as ministers shall be women.

Policy on food security

What the law says: Section 16 of the constitution requires the government to harness the resources of the nation to promote national prosperity and an efficient, dynamic and self-reliant economy.

New provision: Section 16 of the constitution which has been amended now makes it compulsory for the government to ensure that there is food security.

Post-call qualification of the secretary of NJC

Former position of the law: In the third schedule, part 1 of the constitution, the secretary of the council shall be appointed by the National Judicial Council on the recommendation of the Federal Judicial Service Commission and shall be a legal practitioner.

Amendment: The secretary of the council shall be appointed by the National Judicial Council on the recommendation of the Federal Judicial Service Commission and shall be a legal practitioner with at least fifteen years of post-call experience.