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Still On Constitution Amendment

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Since the return of democratic governance in the country, Nigerians have been clamouring for a constitution that will truly reflect the wishes and aspirations of the people. The 1999 constitution which was inherited from the military was charcterised by so many contradictions and sufficiently deficient of democratic ideals. As a result some sections of the Nigerian populace have been calling for sovereign national conference to discuss and decide the essence of their union as a nation.
But the National Assembly has repeatedly disagreed with this school of thought, saying that the legislative arm which is an embodiment of representative democracy is qualified and competent to tackle the issues bothering on the unity and progress of the Nigerian state.
Therefore, an attempt was made by the National Assembly in 2005 to review the Nigerian constitution to address some of the grey areas that were identified by the legislators and the Nigerian public in general. The Constitution Review Committee under the leadership of the then Deputy Senate President, Ibrahim Mantu, having traversed the length and breadth of the country to canvass for people’s opinions and contributions came up with 120 recommendations, including the vexatious issue of tenure elongation for former President Olusegun Obasanjo.
Because of the selfish interest of the proponents of tenure elongation for Chief Obasanjo as they failed to ascertain the mould of the Nigerian masses who were yearning for a better and responsive leadership, the National Assembly was tense and polarized to the extent that it was naturally reasonable to throw out the entire bill on the proposed constitution review.
But the need for the constitution to be reviewed came up stronger and received the attention of the last National Assembly. Consequently, a Constitution Review Committee, headed by the Deputy Senate President, Ike Ekweremadu was set up to address the salient issues. At the end of the exercise there were positive outcomes such as, making primary election mandatory for political parties; the granting of financial autonomy to Independent National Electoral Commission (INEC), fixing of specific time-frame for treating of election petitions etc. The amendments of these constitutional provisions actually played significant role in sanitizing the nation’s electoral system to considerable extent in the last two years.
Although there is much to be done in this regard, we must start from somewhere in our quest to build a solid electoral system as a basis for a virile and credible democratic culture.
Again, in a bid to do a thorough job the 7th National Assembly constituted another Constitution Review Committee under leadership of the Deputy Senate President, Ike Ekwerenmadu to draw up a bill on proposed amendment of the constitution.
It is interesting to note that the committee has carried out its assignment within the time-frame and Nigerians are waiting for the Senate to commence debate on the bill.
Speaking in Abuja, at a symposium on “The review of the 1999 constitution and its impact on much-needed judicial reforms,” organised by a group known as Rule of Law Foundation, the chairman of the Constitution Review Committee, Senator Ike Ekweremadu gave snippets of some of the recommendations of the committee which include, the separation of the office of the Attorney-General (AG) of the federation from that of Minister of Justice, seven years tenure for Attorney-General; financial autonomy for the AG as funds for the office will be made available from the consolidated revenue fund; conferment of powers on the AG to investigate certain crimes and removal of the Chief Justice of Nigeria and other serving judicial officers as members of the Federal Judicial Service Commission.
The committee’s recommendations also cover the devolution of powers, creation of more states, recognition of six geo-political zones in the constitution, constitutional role for traditional rulers and local government councils as well as the need to expunge the Land Use Act, the National Youth Service Corps Act and the Public Complaints Act from the Constitution.
Others are single term of six years for the president and governors, fiscal federalism, financial autonomy for local government councils, state electoral bodies and assemblies, the immunity clause, Nigeria Police, rotation of executive officers, gender and special groups, mayoral for the Federal Capital Territory (FCT), residency and indigene provisions.
Ekweremadu explained that the constitution would not be subjected to referendum, noting that the constitution specified how it should be amended and that did not include referendum.
He stressed the need for urgent reform of the judiciary.
“With a morally upright and well-reformed judiciary that applies the letters of the law fairly and timely, the systems manipulation, over-heating of our polity, reign of impurity in high and low places, the blatant disrespect for the law and rape of public treasury would abate considerately.
He said that the proposal for judicial reform submitted by former Chief Justice of Nigeria, Mustapher was being considered.
In his key-note address, Justice Musdapher stated that the breakdown of law and order in the North-East might not be unconnected with the fact that people had lost faith in the nation’s laws and the justice delivery system.
He said that there was an urgent need to pass the bill for amendment of certain provisions of the constitution that affected the judiciary.
But one issue that has continued to attract national discourse since the recommendations of the committee became public knowledge is the single tenure for the president and governors. Majority of Nigerians that have criticised  this recommendation are of the view that it will increase the rate of corruption in the country.
According to them, for a political office-holder who knows that he has a single term the chances are that he may not be useful to the people who elected him into office. They have argued that the country will be worse off in all facets of its national life as little attention will be paid to developmental needs of the people.
Moreso, the lawmakers who are constitutionally empowered to check the excesses of the chief executive will not muster the courage to initiate impeachment proceedings against them since they are equally interested in the spoils of office.
However, there are other issues that should occupy the minds of Nigerians apart from the single tenure. Devolution of powers and fiscal federalism are some of these issues that should be properly addressed by our elected representatives. A situation where so much powers are concentrated at the centre is not in the interest of the federating units.
The president of the country is so powerful that his action or inaction has a multiplier effect on the destiny of this nation. It is an axiom that power corrupts and absolute power corrupts absolutely. Therefore, it is imperative for the National Assembly to critically examine the need for devolution of powers to strengthen and deepen the nation’s democracy.
Another issue that should be given adequate attention is fiscal federalism. It is not justifiable that the federal government should be receiving over 50% of the monthly allocations from the federation account while the 36 states and 774 local government councils in the country should have something less to attend to their numerous financial obligations. It is obvious that the burden of development lies with the second and third tiers of government that are visibly closer to the people. It is morally sound that the states and local government areas that generate these resources should have greater chunk of the revenue. We cannot continue to run a system where federal institutions and projects are poorly funded, abandoned or in deplorable state in spite of the huge budgetary allocations that are available to the federal government to address these problems.
Mighty glad, Nigeria has experienced over fourteen years of uninterrupted democracy, it is incumbent on the law-makers who are major beneficiaries of democratic governance in Nigeria to rise to the occasion by tackling some of these issues headlong and dispassionately.
Therefore, it is expected that the National Assembly will grab this opportunity with both hands and come up with a constitution that will reflect the wishes and aspirations of greeter majority of Nigeria.

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Senate Defends Passage Of State Police Bill

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The Senate has defended the passage of the Constitution of the Federal Republic of Nigeria (Alteration) (State Police) Bill, 2026, saying the proposed creation of state police is driven by national consensus and the country’s security needs rather than political considerations.

The Red Chamber passed the bill last Wednesday after more than two-thirds of senators voted in support.

In a statement issued yesterday by the Directorate of Media and Public Affairs, Office of the Senate Leader, Senator Opeyemi Bamidele described the bill as “a child of necessity and not of political expediency as well as a product of national consensus and not of cynicism.”

 

The senate leader said the proposal to establish state police was a matter of urgent public importance that could not be delayed because of political interests, given the country’s security challenges.

He explained that the proposal did not originate recently but emerged from memoranda submitted to the Senate Ad-hoc Committee on the Review of the 1999 Constitution.

According to him, the proposal underwent extensive consultations and rigorous scrutiny because of its sensitive nature.

Bamidele said the National Assembly consulted widely with the Executive, the Nigeria Governors’ Forum, the Conference of Speakers of State Legislatures of Nigeria, the leadership of the Nigeria Police and other stakeholders before passing the bill.

He added that during the public hearings conducted across the six geopolitical zones in July 2025, participants overwhelmingly supported the creation of state police.

“At each level of our consultation, nearly all stakeholders embraced the State Police Bill in the light of stark realities we are facing today,” he said.

The Senate leader noted that recommendations from the Nigeria Police contributed to the bill, particularly on accountability and oversight mechanisms aimed at preventing abuse of state police by political actors.

According to him, the police’s support for the proposal underscores its national significance in tackling insecurity at the state and local levels.

Bamidele also said the bill received broad bipartisan backing in both chambers of the National Assembly.

“Even though the APC is the majority, there are members of opposition parties — PDP, ADC, NDC and Labour Party — that exercised their discretion in favour of the Bill, mainly in the national interest and not on parochial basis.

“In the Senate, for instance, 84 out of 109 members voted clause by clause in support of the Bill. This accounted for 77.06 per cent approval at the Senate alone,” he said.

He argued that national security should transcend political affiliations, saying political actors in other countries often set aside partisan interests to support initiatives that strengthen security.

Bamidele called on opposition parties to contribute constructive ideas that would promote peace and stability, adding that they have a responsibility to offer alternatives that would strengthen the country.

“Even when they disagree on some grounds, they are under obligations to provide credible and useful ideas that can make our nation better and greater. Unfortunately, they have not passed this critical test of opposition democracy,” he said.

 

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Probe N6.3bn Constituency Funds Or Face Legal Action, SERAP Tells Akpabio, Abbas

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The Socio-Economic Rights and Accountability Project (SERAP) has called on Senate President, Godswill Akpabio, and Speaker of the House of Representatives, Tajudeen Abbas, to refer allegations of the diversion or non-accounting of over ?6.3 billion in constituency project funds to anti-corruption agencies for investigation and possible prosecution.

 

The group also urged the National Assembly leadership to ensure that anyone found culpable is prosecuted where sufficient admissible evidence exists, while all diverted or unaccounted public funds are recovered and paid into the treasury.

 

In a letter dated June 27, 2026, and signed by its Deputy Director, Kolawole Oluwadare, SERAP said the allegations were contained in the Auditor-General of the Federation’s 2022 Annual Report, published on September 9, 2025.

 

The organisation disclosed this in a statement signed and released by Oluwadare, yesterday.

 

SERAP also asked Akpabio and Abbas to disclose the identities of contractors and companies, including their shareholders and beneficial owners, that allegedly received constituency project funds but failed to execute the projects.

 

It gave the National Assembly seven days to act on its recommendations, warning that it would institute legal proceedings should the legislature fail to respond.

 

“We would be grateful if the recommended measures are taken within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel you and the National Assembly to comply with our request in the public interest,” the letter stated.

 

It said, “The allegations involve several federal ministries, departments and agencies, including the Environmental Health Registration Council of Nigeria (EHORECON); the Federal College of Animal Health and Production Technology, Volm; the Federal Polytechnic, Udana; the National Agency for the Prohibition of Trafficking in Persons (NAPTIP); and the National Institute of Legislative and Democratic Studies (NILDS).

 

“The Auditor-General identified numerous cases of payments into private bank accounts, contracts awarded without due process, payments for contracts not executed or services not rendered, undocumented expenditures, inflated contracts, procurement irregularities and failures to account for public funds, recommending in each case that the funds be recovered and remitted to the treasury.

 

“According to the 2022 audited report, contained in pages 367 to 396, the Environmental Health Registration Council of Nigeria (EHORECON or Council) Abuja paid over ‘N22 million [N22,944,565.16] into the private account of some members of staff of the Council from the Constituency Projects Fund Account.

 

“There ‘was no evidence of the utilization of the funds and no explanations on the purpose for the payment of such amount into the individual accounts.”

 

SERAP added, “The Council (EHORECON) also in 2021 ‘awarded suspicious consultancy contracts of over N12 million [N12,030,818.29] for the development of Modern Abattoirs in Kebbi State and the supervision of 7 projects in Kebbi, Jigawa, and Headquarters Abuja.

“The money was to ‘produce bills of quantity, architectural design, structural design, mechanical design, and electrical designs for the contracts and supervision.’ But ‘the ‘items could not be found.’”

 

Altogether, SERAP said the Auditor-General’s 2022 report alleged EHORECON paid more than ?1.8 billion in constituency project funds through questionable transactions.

 

For the Federal College of Animal Health and Production Technology, Vom, SERAP said the institution “in 2022 reportedly ‘paid over N279 million [N279,700,500.00] to 3 contractors to empower and train youths in selected vocational areas in Borgu and Kontagora, Niger State, train women and youths in entrepreneurship in Niger East Senatorial District and to train youths and women in agro production and self-reliance in Barki Ladi/Riyom Federal Constituency, Plateau State.

 

“But the money was paid to the contractors without any document.’”

 

Other irregularities involving the college include another ?279.7 million in mobilisation fees allegedly paid without documentation, and more than ?629.4 million paid to unqualified contractors for various constituency projects without evidence of due process, contract advertisements or details of the contractors.

 

SERAP further alleged that the Auditor-General’s report identified multiple financial irregularities involving the Federal Polytechnic, Ukana, Akwa Ibom State, including over ?407 million allegedly paid as mobilisation fees without supporting documents, more than ?399 million paid to unqualified contractors, contracts allegedly inflated by over ?192 million, over ?279 million paid for projects not fully executed, ?50 million allegedly paid for an unexecuted borehole project, and more than ?83 million disbursed without the required documentation or approvals.

 

It also alleged that NAPTIP reportedly irregularly awarded contracts worth over ?21.8 million, paid more than ?176.8 million for logistics and consultancy services without supporting documents, and disbursed over ?89.6 million and ?4.4 million for projects that were allegedly not executed.

 

The report also alleged that NILDS failed to submit audited financial statements for 2012 to 2022, did not remit over ?15 million in stamp duties, and spent ?1.6 million without authorisation from the Office of the Accountant-General of the Federation.

 

SERAP said the report recommended the recovery of the affected funds and their remittance to the treasury.

 

It argued that corruption in constituency projects disproportionately affects poor and vulnerable Nigerians by diverting resources meant for public services and development.

 

It added that the National Assembly, in exercising its oversight responsibilities, should demonstrate leadership by ensuring accountability in the management of constituency project funds.

 

The organisation further argued that the allegations, if established, would amount to breaches of the Constitution, the Fiscal Responsibility Act 2007 and the Public Procurement Act 2007, which require transparency, accountability and due process in the management of public resources.

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Parties’ Deregistration: How Justice Lifu Overruled Appeal Court Justices

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Justice Peter Lifu of the Federal High Court in Abuja on Monday brushed aside the order of the Court of Appeal in Abuja which ordered him to stay proceedings in a suit that sought deregistration of the African Democratic Party (ADC), Accord Party and three others.
The Court of Appeal in a unanimous decision of a panel of three Justices had on May 22, 2026 directed the Federal High Court Judge not to proceed with the suit until an appeal pending before them and filed by Accord Party is resolved.
In a Certified True Copy Enrol Order of the Superior Court, Justices Mohammed Danjuma, Adebukola Banjoko and Oyejoju Oyewumi asked the lower Court Judge to stay proceedings until all issues on the appeal filed by the Accord Party were resolved
Governor Ademola Adeleke of Osun State had, through the Accord Party, applied to justice Lifu to join him as a defendant in the deregistration legal battle instituted by a group of former legislators.
The contention of the Osun State governor was that he had a stake in the Accord Party, being the platform he was seeking re-election in the August 15 gubernatorial poll in the state.
In his ruling, Justice Lifu on April 27 ruled against the Osun State governor, rejecting his request to be joined in the suit to defend his own position and interest.
Not satisfied with the Federal High Court decision, the Osun State governor, through his lawyer, Musibau Adetunbi (SAN), moved to the Court of Appeal in Abuja where he challenged the Justice Lifu decision to refuse to allow him join the suit.
After listening to the argument canvassed, especially that he has interest to protect as Accord Party gubernatorial candidate for Osun State governorship election, the three Justices of the Court of Appeal, unanimously directed Justice Lifu to allow them look into the grievances of the governor.
In specific terms, the Court of Appeal Justices directed Justice Lifu not to proceed further with the matter and fixed October 27 to determine the interlocutory appeal of the appellant.
However, when the certified enroll order and notice of appeal were served on Justice Peter Lifu by Mr Adetunbi (SAN), the judge rejected it on the ground that it was a ploy to arrest his judgment in the matter.
Although the judge had adjourned his judgment delivery in the matter indefinitely, he finally made a dramatic turn around on Monday and proceeded to deliver the judgment that has now proscribed the five political parties.

 

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