Following the submission of the conference report by both chambers, the National Assembly last week transmitted the amended copy of the 1999 Constitution to the 36 States’ Houses of Assembly. By norm, the lawmakers are simply expected to vote “Yes” or “No” on each of the clauses that would require the concurrence of no fewer than 24 of the 36 states’ legislatures to sail through. Once that process is completed, then the constitution would be deemed to have been amended.
In all, the amendments proposed by the National Assembly are a mixed bag. While many are commendable, a few have already become subjects of controversy, even before the states legislatures begin to examine them. For instance, the State Independent National Electoral Commission has been deleted from the Constitution, though how that would sail through the states’ houses of assembly remains to be seen given the disposition of the governors. It is in furtherance of that provision that Section 7 of the adopted amendment also grants financial autonomy to local government administration in the country. But that also is not likely to see the light of day since the two factions of the Nigerian Governors Forum (NGF) seem united on that score with their statements last week. Officials of both factions are dismissive of any idea that would confer a third tier status on the local governments.
However, there are some provisions that seem new and bold even when they may be difficult to enforce. The 1999 Constitution, like all previous constitutions, made provisions for Fundamental Human Rights which cover personal liberty, fair hearing, religion, peaceful assembly and association, non-discrimination, etc. Now the National Assembly has added the right to education and health as fundamental rights in the constitution. The meaning is that if this particular amendment sails through, government can now be held accountable by the ordinary citizens for the provision of basic education and adequate healthcare in our country.
Yet another provision by the National Assembly is the sanctioning of independent candidacy for elections. If it passes, this will be an important legislation given the scandalous amounts of money that office seekers on the platform of the leading two political parties are expected to pay to bid for their tickets. Other amendments also include a provision separating the office of the Attorney-General from that of the Minister of Justice at the federal and state levels while the office of the Accountant-General for the federal government is now also to be distinct from Accountant-General of the Federation. There is also an amendment which provides for funding the Police, the Auditor General of the Federation, the Attorney-General of the Federation, National Security Agencies, and Revenue and Fiscal Mobilisation Commission from the Consolidated Revenue Fund of the Federation.
However, the National Assembly’s decision to remove the National Minimum Wage from the exclusive legislative list to the concurrent list has not gone down well with the Nigerian Labour Congress (NLC) and its affiliates. Indeed, they have threatened to down tools. But the organised private sector, led by the Nigeria Employers Consultative Association (NECA) has fully thrown its weight behind the National Assembly. According to the employers’ body, Nigeria is operating a federal constitution, which ordinarily should ascribe significant power and responsibilities to the federating states, including the right and power of the component units to define and determine the minimum wage within their precincts. However, NECA also underlined its position with the proviso that the lawmakers should explain to Nigerians how the amended minimum wage law should be implemented so that state governments would not walk away with the belief that they would not be bound by the National Minimum Wage.
All said, we believe that the state Houses of Assembly should carefully examine the amendments after which they should concur to those that would help advance the cause of our democracy and the interest of Nigerian people.
