PROPOSED CONSTITUTIONAL AMENDMENTS BY THE NIGERIAN SENATE

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  1. Members of the Council of States:

The amendment was proposed to make former Presidents of the Senate and former Speakers of the House of Representatives members of the National Council of State.

The Council of States currently consists of the President (chairman of the council), the Vice-President (deputy chairman), all former presidents and all former heads of the state, all former Chief Justices of Nigeria, the President of the Senate (incumbent), the Speaker of the House of Representatives (incumbent), all state governors (incumbents), and the Attorney-General of the Federation (incumbent).

Recommendation: Adopted

  1. Authorization of Withdrawal from Consolidated Account by the President:

The president’s power to continue withdrawing funds from consolidated account after expiration of the annual budget has been whittled down from six to three months.

  1. Devolution of Power:

Senators rejected this proposition by 90 to five votes when it came up.

Recommendation: Rejected

  1. Financial Autonomy for State Legislature:

The amendment seeks a Financial Autonomy for State Assembly

The National Assembly currently enjoys financial autonomy.

Recommendation: Adopted

  1. Abolition of Joint Account between Local and State Government:

The proposal seeks to allow Local Government Areas manage independent accounts from state government. The major highlight of the proposal is to stop state governors from interfering with council allocations from the federation account.

Recommendation: Adopted

  1. Democratic existence funding and tenure of LG Council:

This amendment will prohibit constitution of caretaker leadership for LGAs, a tool that critics said governors have exploited to trample on the independence of local government areas.

Recommendation: Adopted

  1. State creation and boundary adjustment:

The proposal seeks to amend Section 8 of the 1999 Constitution (as amended) to allow only democratically elected local government councils to participate in state creation and adjustment of boundaries amongst states.

Recommendation: Rejected

The collapsed proposal also sought to clarify identified ambiguities in the procedure for state creation.

Recommendation: Rejected

  1. Immunity for legislators for acts in the course of duty:

The proposal seeks to grant Senators immunity for comments made on the floor during plenary and committee briefings

Recommendation: Adopted

  1. Conduct of by-elections and power to de-register parties:

The amendment seeks to alter the Constitution to give the Independent National Electoral Commission (INEC), powers to de-register a political party that fails to win at least one seat from councillorship to presidential; in an election.

Recommendation: Adopted

  1. Presidential Assent:

The proposal seeks to make Bills passed by the National Assembly a law if the executive fails to reject, veto or sign such bill into law after 30 days of receipt by the president.

Recommendation: Adopted

  1. Timeline for submission of Ministerial Nominees to Senate for Confirmation:

The proposal intends to fix a 30 day constitutional timeline for an elected president to make Ministerial Appointments and forward same to the Senate for confirmation.

Recommendation: Adopted

  1. Submission of Ministerial Nominees with Portfolios:

The proposal seeks to mandate the president to formally attach portfolios to his Ministerial Nominee(s) before Senate confirmation.

Recommendation: Adopted

  1. Thirty Five Percent Affirmative Action for Women in Federal Cabinet

The proposal seeks to compel the president to give 35% of Ministerial Appointments to Women

Recommendation: Rejected

  1. Submission of Commissioner Nominees to State Assembly for Confirmation:

The proposal intends to fix a 30 day constitutional timeline for an elected Governor to appoint Commissioners and forward same to the State Assembly for confirmation.

Recommendation: Adopted

  1. Submission Commissioner Nominees with Portfolio:

The proposal intends to compel an elected Governor to attach portfolios to commissioner nominee(s) and forward same to the State Assembly for confirmation.

Recommendation: Adopted

  1. Appointment of minister from the FCT:

The proposal seeks to mandate the president to give a Ministerial slot to the Federal Capital Territory in the Federal Executive Council.

Recommendation: Adopted

  1. Change of Name for LGA:

The proposal seeks to allow for change of name of Local Government Areas and correction in areas of error in the spelling of a name of an affected council

Recommendation: Adopted

  1. Independent Candidacy:

The proposal seeks to grant qualified Candidates the right to seek for an elective office without necessarily going through a political party

Recommendation: Adopted

  1. Nigeria Police Force name change:

The proposal seeks to change the name of “Nigeria Police Force” to “Nigeria Police”

Recommendation: Adopted

  1. Tenure Restriction:

The proposal seeks to limit any individual who succeeds and completes the tenure of a sitting president or governor as a result of death; impeachment, incapacitation; etc, to only contest for same office for one term instead of two terms.

Recommendation: Adopted

  1. Separation of Office of the Accountant-General:

The proposal seeks create an office to be called the Office of the Accountant General of the Federal Government. It further seeks that the Office of the Accountant-General of the Federation, be separated from the Office of the Accountant General of the Federal Government

Recommendation: Adopted

  1. Office of the Auditor General to be included in first line charges of Consolidated Revenue:

The proposal seeks to include the office of the Auditor General in the first line of the Consolidated Revenue

Recommendation: Adopted

  1. Separation of Office of the Attorney General from the Minister/Commissioner of Justice:

The proposal seeks to separate the office of the Attorney General of the Federation or State from the office of the Minister or of Commissioner of Justice

Recommendation: Adopted

  1. Judiciary:

The proposal seeks to amongst other things; allow Justices of the Court of Appeal and the Supreme Court to hear matters in their chambers if necessary.

Recommendations: Adopted

  1. Determination of pre-election matters:

The proposal seeks to set a timeline for the determination of pre-election matters.

Recommendation: Adopted

  1. The Nigerian Security and Civil Defence Corps (NSCDC):

The proposal seeks to enshrine the capture the Core mandate of the Nigeria Security and Civil Defence Corps (NSCDC) into the Constitution.

Recommendation: Adopted

  1. Citizenship and Indigeneship:

The proposal seeks to accord married women the right to choose where they want to claim as their state of origin for the purpose of contesting an elective position.

Recommendation: Adopted

  1. Overriding a presidential veto in Constitutional Amendment:

The proposal seeks to give the legislature the power to override the president’s veto on matters of Constitutional Amendment.

Recommendation: Adopted

  1. Amendment to Section 315 of the Constitution:

The proposal seeks to remove a Special Status given to the following Institutions below which makes it almost impossible to the laws setting them up.

The National Youth Service Corps

The Public Complaints Commission Act

The National Security Agencies

Recommendation: Adopted

  1. Investments and Securities Tribunal:

The proposal seeks to establish an Investments and Securities Tribunal which will deal with Capital Markets and other investments matters.

Recommendation: Adopted

  1. Age Review for elective positions:

The proposal seeks to review downward the age requirement for the position of a President from ’40;’ to ’35.’

Recommendation: Adopted

  1. Authorization of Expenditure time frame for laying Appropriation Bill/Passage:

The proposal seeks to compel a president and governor to present their respective annual budgets proposals for the next fiscal year to the National and State Assembly within a given period of time.

Recommendation: Adopted

  1. Land Use Act

The proposal seeks to abrogate the current Land Use Act

Recommendation: Rejected

  1. Abrogation of State Independent Electoral Commission from the Constitution:

The proposal seeks to abrogate State Electoral Commissions and to also empower the Independent National Electoral Commission (INEC) to conduct Local Government Elections.

Recommendation: Adopted

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