Politics
Constitutional Amendment: Another Lacuna To Resolve
The recent hullabaloo
over President Goodluck Jonathan’s vetoing of the proposed constitution amendment by the National Assembly (NASS) has attracted so much reactions based on different interpretations in the quagmire of political manipulations. As usual, most of the deducible interpretations are based on which side of the divide the interpreter pitches tent – for or against the President’s veto.
Proponents seem to be of the view that the President’s veto amounts to an unnecessary delay in a genuine effort to salvage the Nigerian state from imminent under developmental power tussle warranted by an ill-conceived constitution. Meanwhile, those in support of it express the belief that the manner in which the amendment was made, and the reaction of the lawmakers to the veto smirks of a deliberate intent to not only undermine the Presidency, but to also institute their personal or group interest.
In the face of the foregoing, the essence of a constitutional amendment, which should rightly be developmental, seem to either be de-emphasised or deliberately ignored, for whatever reason, or made to look as though the status quo, in terms of the majority always having their way, should not be tampered with, even when the majority wittingly or unwittingly does not bother about what their actions or inactions portend for the populace.
Unarguably, the first time a major lacuna was truly noticed, and seen as one, was the revelation that the constitution did not make provision for who should succeed the President of Nigeria at the demise of the incumbent. This only came to the fore following the death of late President Musa Yar’ Adua. All the body language and sundry intrigues that played out in the ensuing episode is now history, but the message was clear – there are likely to be more lacunas to fill, as confirmed by the on-going constitution amendment.
President Jonathan’s reason for vetoing the amendment, according to a seven-page letter addressed to Senate President, David Mark, and the Speaker of the House of Representative, Hon Aminu Tambuwal, was warranted by what he called “deliberate attempts by federal lawmakers to whittle down presidential powers”.
The President highlighted the flaws he discovered in the amendment to include non-compliance with Section 9(3) of the 1999 Constitution on amendments; mere use of voice votes to alter the constitution without being supported by the votes of not less than four-fifths majority members of the National Assembly as well as two-thirds of all the 36 state Houses of Assembly; imposition of the right to free basic education and primary and maternal care services on private institutions; as well as perceived violation of the doctrine of separation of powers.
Other flaws, according to the president, were the decision to whittle down executive powers as contained in Section 5(1) of the 1999 Constitution; 30 days limitation provided for president’s assent; reduction of the time frame of expenditure in default of appropriation from six months to three months; and the creation of the Office of the Accountant-General of the Federal Government with different functions from those of the Auditor-General of the Federation.
President Jonathan also picked hole in the decision to transfer the President’s powers to appoint the Accountant-General of the Federation as well as the Attorney-General of the Federation to the National Economic Council and National Judicial Council, respectively; and the decision to whittle down the discretionary powers of the Attorney-General of the Federation as its separation from Minister of Justice. He described the amendment on the separation of the Office of Attorney-General of the Federation from the Minister of Justice as ambiguous.
According to him, the alterations encapsulate a wide-ranging provision that seek to separate the office of Attorney-General of the Federation (AGF) from the Minister of Justice and the Attorney-General from the Commissioner for Justice in the respective states of the federation. They also provide for the independence of the Office of Attorney-General by guaranteeing tenure and funding.
The President noted that the first noticeable setback of potential challenging provisions of the amendment is that the Fourth Alteration Act 2015 is silent on who is the Chief Law Officer of the Federation/State, noting that this is a serious lacuna capable of creating implementation challenges.
He noted that the AGF and Minister of Justice and the Attorney-General and Commissioners for Justice in the respective states of the federation are under Sections 150 and 195 of the 1999 Constitution, the Chief Law Officers respectively.
“Apparently, the AGF is the Chief Law Officer and has the power to guide the MDAs on legal issues by way of legal advice, and represent the government on other legal matters including civil litigations, contract, treaty obligations, legal drafting, etc.,
“With this amendment, which limits the power of the AGF to criminal prosecution and is silent on who is the Chief Law Officer, it appears to erode the constitutional and legal basis for the current structure and functions of the Ministry of Justice and the Law Officers employed therein, in the absence of a statute that provides for the exercise of these powers and functions.
“Consequently, if it is the intendment of the National Assembly to make the Minister of Justice the Chief Law Officer, it should be expressly stated. This will enable these functions to continue to be traditionally performed by the Ministry under the supervision of the Minister of Justice while the Office of the AGF, which is to be independent and separated from the Ministry, concentrate on prosecutions”, President Jonathan stated in the letter.
Finalising, the President said, “In view of the foregoing and absence of credible evidence that the Constitution of the Federal Republic of Nigeria (Fourth Alteration) Act 2015 satisfied the strict requirements of Section 9(3) of the 1999 Constitution, it will be unconstitutional for me to assent to it.
“I therefore withhold my assent and accordingly remit the Constitution of the Federal Republic of Nigeria (Fourth Alteration) Act 2015 to the Senate/House of Representatives of the Federal Republic of Nigeria”, the letter concluded.
In a nutshell, the proposed amendment by the NASS approved the creation of additional states (Section 3 Sub Sec.1); guaranteed creation of more Local Government Areas, LGAs (Subsection 6); approved that every citizen of Nigeria has right to live, work, attend educational institutions and enjoy all the rights and privileges enjoyed by other Nigerians accordingly (Section 42 subsections 1b).
The amendment also include that whatever is allocated to the NASS in the revenue fund of the Federal Government shall be paid directly to the NASS (Section 81 Sub-section 5); Allocation to the INEC in the Revenue Fund of the FG shall be paid directly to INEC (Section 81 Sub-sections 6); making rotation of the office of the president a constitutional matter, and hence ensuring that the constitution guarantees the right of every Zone to aspire to the presidency (Section 130).
Compulsorily, every state shall have at least one Minister in the FEC (section 147 subsection 3); the office of the Attorney-General shall be separated from the office of the Minister of Justice (Section 150 subsection 3); the constitution also proposes the establishment of the National Advisory Council on traditional Rulers (Sect 153 Sub. Section 1); Local Government Council will receive their money directly from the Federation Account (Section 162, subsection 5).
The Office of the Governor of a state shall rotate among the senatorial zones of the state (Section 176, Subsection 3); people can contest elections without belonging to a political party (Section 221); there shall be a National Industrial court to handle all labour, employment and industrial disputes (Section 254); Matter of chieftaincy shall be transferred to Customary Court of Appeal of a State (Section 282, Subsection 1).
The amendment also reviewed derivation formula up from 13% to 18% (Section 162, Sub section 2); and stated clearly that there will be no more Immunity for Governors or the President on criminal cases (section 308).
Taken from its manifest content, these amendments could hardly be said to be un-developmental. If this is so, would it be considerate to declare inordinate the President’s veto, and hence condemn him for the gallows for insisting that even as the proposed amendment is genuine, it should be in accordance with laid-down procedures of the constitution?
Looked from other perspective, would insistence by the lawmakers on anything different from abiding by the constitution not contravene the essence of them being members of the NASS? Besides, if there is need to make amendments to the constitution, would it not be pertinent, important and expedient to start the amendment at the point it is most needed, order than going contrary to the dictates of the constitution, which gives them the right to be?
Soibi Max-Alalibo
Senate President, David Mark and Speaker, House of Representatives, Aminu Tambuwal
Oyo State Governor, ‘Seyi Makinde, has renamed The Polytechnic, Ibadan as Omololu Olunloyo Polytechnic, Ibadan, in honour of a late former governor of the State, Dr Omololu Olunloyo.
Dr Olunloyo, who died on April 6, 2025, was the pioneer Principal of the Polytechnic, Ibadan, while he also served as Governor of Oyo State between October 1 and December 31, 1983.
Governor Makinde made the announcement at the state interdenominational funeral service held yesterday in honour of the late former governor at the Obafemi Awolowo Stadium, Liberty Road, Ibadan.
Governor Makinde said Dr Olunloyo lived an eventful life, adding that his attainment and personality could not be summarised in one sentence.
“He was not a man we could summarise in one sentence. He was a scholar, a statesman, a technocrat, a lover of culture and, above all, a man of deep conviction.
“While giving the exhortation, I was listening to Baba Archbishop Ayo Ladigbolu and he said in 1983, Baba became Governor of Oyo State. Though his time in office was brief, his election victory over a popular incumbent remains a powerful testament to the trust people gave him.
“I talked about preserving and digitising his library yesterday [Wednesday] as a mark of honour to Baba Olunloyo.
“Today, we will be giving Baba another honour to immortalise him. He was the first Principal of The Polytechnic, Ibadan; that institution will now be named Omololu Olunloyo Polytechnic, Ibadan.”
Earlier in his sermon, a retired Methodist Archbishop of Ilesa and Ibadan, Ayo Ladigbolu, described the late Olunloyo as a role model with intellectual inspiration and unassailable integrity.
The cleric said the deceased also demonstrated leadership in most superior quality during his lifetime.
In attendance were the state Deputy Governor, Chief Abdulraheem Bayo Lawal; wife of a former Military Governor of the old Oyo State, Chief (Mrs) Dupe Jemibewon; wife of a former Governor of Oyo State, Chief (Mrs) Mutiat Ladoja; former Deputy Governor and PDP Deputy National Chairman (South), Ambassador Taofeek Arapaja; and former Deputy Governor, Hazeem Gbolarumi.
Others were the member representing Ibadan North-East/South-East Federal Constituency, Hon Abass Adigun Agboworin; Chief of Staff to the Governor, Otunba Segun Ogunwuyi; Oyo State Exco members; Chairman of Oyo State Elders’ Council, Dr Saka Balogun; Chairman of All Local Government Chairmen in Oyo State, Hon Sikiru Sanda; President-General of the Central Council of Ibadan Indigenes (CCII), Chief Adeniyi Ajewole; religious leaders and family members, among other dignitaries.
Ten members of the Peoples Democratic Party (PDP) National Working Committee (NWC) have countered the Acting National Chairman, Umar Damagum, on the reinstatement of Senator Samuel Anyanwu as National Secretary.
The dissenting members, led by the Deputy National Chairman ( South), Taofeek Arapaja, in a joint statement, said no organ of the opposition party could overturn the decision of the 99th meeting of the National Executive Committee (NEC).
The dissenting NWC members include Arapaja; Setonji Koshoedo, Deputy National Secretary; Okechukwu Obiechina-Daniel, National Auditor; Debo Ologunagba, National Publicity Secretary; Ologunagba; Woyengikuro Daniel, National Financial Secretary and Ahmed Yayari Mohammed, National Treasurer.
Others are Chief Ali Odefa, National Vice Chairman (South East); Emmanuel Ogidi, Caretaker Committee Chairman (South South); Mrs. Amina Darasimi D. Bryhm, National Woman Leader and Ajisafe Kamoru Toyese, National Vice Chairman (South West).
The group also insisted that contrary to the position of the acting National Chairman, the 100th NEC meeting of the party would be held on June 30 as earlier scheduled.
The statement read: “The attention of the National Working Committee (NWC) of the Peoples Democratic Party (PDP) has been drawn to a press briefing by the acting National Chairman, Amb. Umar Damagum, today Wednesday, June 25, wherein he attempted to overturn the resolution of the 99th National Executive Committee (NEC) meeting which scheduled the 100th NEC meeting for Monday, June 30.
“The acting National Chairman in the said press briefing also reportedly announced that Senator Samuel Anyanwu has been asked to resume as National Secretary of the party contrary to the resolution of the 99th NEC meeting, which referred all matters relating to the office of the National Secretary to the 100th NEC meeting.
“The pronouncements by the acting National Chairman have no foundation as no organ of the party (including the NWC), individual or group has the power to cancel, overrule, veto or vary the resolution of the National Executive Committee (NEC) under the Constitution of the PDP (as amended in 2017).
“For the avoidance of doubt, the NEC is the highest decision-making organ of the party, second only to the National Convention. By virtue of Section 31 (3) of the PDP Constitution, the resolution of the NEC to hold its 100th meeting on Monday June 30, is binding on all organs, officers, chapters and members of the party and no organ, group or individual can vary or veto this resolution of NEC.
“Furthermore, the claim by Damagum that Sen Anyanwu has been asked to resume office as the National Secretary of the party is, therefore, misleading being contrary to the resolution of NEC.
“In the light of the foregoing, the 100th NEC meeting as scheduled for Monday, June 30, has not been canceled or postponed.”
The Special Adviser to President Bola Tinubu on Information and Strategy, Bayo Onanuga, has fired back at former Kaduna State Governor, Nasir El-Rufai, following the latter’s scathing criticism of President Tinubu’s administration and his 2027 re-election prospects.
In an interview on live television, Mallam El-Rufai said it would take a “miracle” for President Tinubu to be re-elected in 2027, citing an internal poll that purportedly shows a 91 percent disapproval rating for the president across key regions in the country, including the South-East and the North. He also claimed that President Tinubu’s disapproval rating in Lagos stood at 78 percent.
Reacting on Wednesday via a post on X (formerly Twitter), Mr Onanuga took a swipe at the ex-governor, quoting a harsh assessment of Mallam El-Rufai’s character from former President Olusegun Obasanjo’s memoir, My Watch.
“Nasir’s penchant for reputation savaging is almost pathological,” Mr Onanuga wrote, citing Chief Obasanjo’s words. “Why does he do it? Very early in my interaction with him, I appreciated his talent. At the same time, I recognised his weaknesses; the worst being his inability to be loyal to anybody or any issue consistently for long, but only to Nasir El-Rufai.”
The presidential adviser emphasised Chief Obasanjo’s remarks that Mallam El-Rufai often tries to elevate himself by diminishing others. “He lied brazenly, which he did to me, against his colleagues and so-called friends,” Mr Onanuga continued, quoting the former President. “I have heard of how he ruthlessly savaged the reputation of his uncle, a man who, in an African setting, was like a foster father to him.”
Chief Obasanjo, who appointed Mallam El-Rufai as the Minister of the Federal Capital Territory between 2003 and 2007, did not mince words in the memoir, describing Mallam El-Rufai as suffering from “small man syndrome.”
Mr Onanuga’s post is seen as a direct rebuttal to Mallam El-Rufai’s recent criticism and growing opposition role. The former governor is reportedly playing a central role in forming a new coalition to challenge President Tinubu in the 2027 general election.
In March 2025, El-Rufai officially dumped the All Progressives Congress (APC) and joined the Social Democratic Party (SDP), intensifying speculations about his 2027 political ambitions.
As the political rift deepens, Mallam El-Rufai remains one of the most vocal critics of the Tinubu administration, while Mr Onanuga and other presidential allies continue to push back against what they describe as “reckless” opposition rhetoric.