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Constitutional Amendment: Another Lacuna To Resolve

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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

Senate President, David Mark and Speaker, House of Representatives, Aminu Tambuwal

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Reps Speaker Secures APC Return Ticket For Fifth Term

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The Speaker of the House of Representatives, Rt Hon. Tajudeen Abbas, on Saturday emerged unopposed as the All Progressives Congress (APC) candidate for Zaria Federal Constituency ahead of the 2027 general elections.

Rt Hon. Abbas secured the party’s ticket through an affirmation exercise conducted across the 13 electoral wards in the constituency.

The wards involved include Kwarbai A, Kwarbai B, Limancin-Kona, Unguwar Fatika, Unguwar Juma, Dutsen Abba, Gyallesu, Kufena, Dambo, Wuchichiri, Tudun Wada, Tukur-Tukur, and Kaura.

The exercise, which began simultaneously in all wards at about 10 a.m., recorded large turnout of APC members who gathered at various party offices across the constituency.

At Kwarbai B Ward, the Speaker’s ward, the process was conducted peacefully under the supervision of the ward APC Returning Officer, Malam Iliyasu Muhammad Balarabe, in the presence of Rt Hon. Abbas.

According to the ward APC secretary, Nafiu Sabo, the ward has over 10,000 registered members, but 220 members were accredited for the exercise.

Before the affirmation, Mallam Balarabe informed members that Rt Hon Abbas was the only aspirant who purchased nomination forms, underwent screening, and was cleared by the APC national leadership to contest the Zaria Federal Constituency seat.

Following a voice vote by accredited members, the Speaker was affirmed as the party’s candidate in the ward, a process replicated across the remaining 12 wards.

At the constituency collation centre, the APC Returning Officer for the House of Representatives primary in Zaria Federal Constituency, Dr. Hamisu Ibrahim Kubau, announced that 1,376 APC members across the 13 wards endorsed Rt Hon. Abbas as the party’s flag bearer.

He explained that although thousands of party members participated in the exercise, only accredited delegates were allowed to vote.

Dr. Kubau declared: “There are 13 wards in Zaria Federal Constituency, and only one aspirant purchased a form, was screened, and cleared. He is Rt. Hon. Abbas Tajudeen. After due process, we conducted affirmations across all wards.”

He added that the process was peaceful and monitored by officials of the Independent National Electoral Commission (INEC) and party representatives.

Chairman of the APC House of Representatives Primary Elections in Kaduna State, Senator Yakubu Oseni, described the outcome as a reflection of the Speaker’s popularity and acceptance among constituents.

He expressed confidence that Rt Hon Abbas would secure victory in the 2027 general elections.

Speaking after his declaration, Rt Hon. Abbas expressed appreciation to APC members for reaffirming their confidence in him.

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C’River APC Reps Members Cry Foul, Describe Primary Election As Charade

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Some members of the National Assembly (NASS) from Cross River State seeking reelection have cried foul over the All Progressives Congress (APC) primaries conducted on Saturday, describing the processes as a “charade.”

The incumbent Reps including Emily Inyang and Godwin Offionio, in separate interviews

protested the handling of the primaries conducted by the leadership of the party in the state, saying it was skewed against them.


The aspirants further described the primaries as a charade and an embarrassment to the state.

 

According to them, the House of Representatives primaries fell short of the provisions of both the Electoral Act as amended in 2026 and the party’s constitution.

 

They accused the leadership of the party in the state, backed by Governor Bassey Otu, of violating the party’s constitution in the conduct of the House of Representatives primaries across the state on Saturday.

 

Hon. Godwin Offiono, representing Ogoja/Yala Federal Constituency, particularly expressed disappointment with the primary that allegedly disenfranchised registered members of the party in his constituency.

Hon. Offiono asserted that having failed to arrive at a consensus, the party leadership opted for a direct primary to decide the candidate for the 2027 election.

 

“But what I witnessed today was not only alarming, but quite disheartening that our electoral system have not shown any improvement, especially now that we have a man of God in the person of the governor as the leader of the party.

 

“How do you declare a result by 9:00am even when the electoral materials were yet to arrive at Yala.

 

“As an aspirant, I couldn’t even vote or see the materials for my own primary at my Okuku ward in Yala Local Government Area, where I come from. But no matter what happens I am still in the race and have not stepped down for anybody.

 

“The governor had all the time in the world to drive the process of consensus but he never did. As a representative, I cannot even see my governor. I called, no response. I sent text no reply. I am treated as an out cast,” he lamented.

 

In an emotion laden tone during a telephone interview, Hon. Offiono further said: “I could not believe that first term NASS members like me can be treated in this shoddy manner even when I don’t know my offence.

 

“I have been a loyal party man. I appeal to the governor to do the right thing, follow the Electoral Act and party constitution in electing representatives.”

Similarly, Hon. Emil Inyang of Akamkpa/Biase Federal Constituency said he still remained in the race and had not stepped down for anybody.

 

According to him, “If this shenanigan called primary is allowed to stand, it would affect the party’s fortune in the general elections.

 

“My appeal to the governor is to allow the people to decide. And if they so voted against me, I will rest and not fight over anything.

 

“There was no stakeholders meeting held to decide on anything before now, and someone can not be unilaterally imposed on us all in the name of compromised primary,” he stated.

 

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APC Group Protests Ex–Presidential Aspirant’s Disqualification From Rivers Senatorial Race

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A coalition of support groups within the All Progressives Congress (APC) has protested the disqualification of former presidential aspirant, Mr Tein Jack-Rich, from the Rivers West Senatorial race ahead of the party’s primaries for the 2027 general elections.

The groups, in a statement issued on Saturday morning in Abuja, described the action of the party’s screening committee as unjust and capable of worsening internal divisions within the APC in Rivers State.

The statement, signed by the coalition’s National Coordinator, Dr. Bilal Galadima, and General Secretary, Hon. James Ogenyi, accused the party leadership in Rivers State of favouring politicians loyal to the Minister of the Federal Capital Territory, Chief Nyesom Wike, while sidelining long-standing members of the APC.

The coalition alleged that only aspirants aligned with Chief Wike were cleared to contest for elective positions in the state.

“How can our party allow only one man who is not a member of our party to make decisions or dictate the direction of our party?”, the group queried.

The coalition specifically faulted the exclusion of Mr Jack-Rich, describing him as a loyal party member who had supported the APC for more than 13 years and previously contested the party’s presidential ticket.

It also questioned the alleged clearance of Chief Felix Obua, whom it described as a recent entrant into the party and an ally of Chief Wike.

“How can our party disqualify Jack-Rich, a former presidential aspirant who has been loyal and supported our party for the last 13 years, only for our party to choose Felix Obua, a Wike loyalist who only joined the party three months ago?”, the statement read.

The group warned that failure by the APC leadership and National Working Committee (NWC) to address the matter as it could weaken the party’s structure in Rivers State ahead of the 2027 elections.

It called on party leaders to uphold internal democracy, reward loyalty and ensure a level playing field for all aspirants.

INEC TO BEGIN MEMBERSHIP VERIFICATION AS POLITICAL PARTIES SUBMIT REGISTER

All 22 registered political parties have successfully submitted their membership registers to the Independent National Electoral Commission (INEC) in compliance with the Electoral Act 2026, the Commission has said.

In a statement issued on Friday, Chairman, Information and Voter Education Committee, Mr Mohammed Haruna, said the submission followed the extension granted by the Commission after political parties raised concerns during a meeting on Tuesday, March 24, 2026, regarding the timeline provided in the Revised Timetable and Schedule of Activities for the 2027 general elections.

He said, “The Commission is pleased to note that all registered parties submitted their registers as of 8th May 2026, two days before the extended deadline.”

He recalled that following a meeting with political parties, the Commission, in a statement issued on the 27th of March, 2026, adjusted the deadline for the submission of party registers from 21st April 2026 to 10th May 2026 to align with the provisions of Section 77(4) of the Electoral Act 2026 and the actual dates fixed by political parties for their primaries.

Mr Haruna noted that political parties were accordingly allowed to conduct their primaries within the approved period from 23rd April 2026 to 30th May 2026, while the register of party members was required to be submitted to the Commission not later than 21 days before the conduct of their respective primaries.

He added, “INEC wishes to state that all registered political parties complied with the requirement within the extended timeframe and will subject the submitted registers to the necessary verification processes in line with the law.”

The Commission restated its commitment to the conduct of free, fair, credible and inclusive elections.

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