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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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Atiku Names Kenneth Okonkwo As Spokesperson

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The African Democratic Congress (ADC) presidential hopeful for 2027, Alhaji Atiku Abubakar, has named actor and politician, Mr Kenneth Okonkwo, as his spokesperson.

Mr Okonkwo made the announcement on his X (formerly Twitter) account on yesterday, expressing gratitude for what he called Alhaji Abubakar’s show of faith in him.

“I give God all the glory for being appointed by His Excellency Atiku Abubakar as his spokesperson. I thank His Excellency for the immense confidence reposed in me,” Mr Okonkwo said.

The politician credited Alhaji Abubakar with championing dialogue over conflict within party ranks.

He noted that the former vice president favours conversation and compromise when party associates raise genuine worries, rather than dismissing their concerns.

“Rather than take offence at associates for expressing genuine reservations about any action taken, His Excellency always opts for dialogue and compromise that engender solutions to problems,” Mr Okonkwo stated.

According to him, recent talks with Alhaji Abubakar and other ADC leaders tackled worries about South-East political representation within the limits of the Electoral Act, 2026, and the current political climate. He said the discussions produced guarantees for the region’s interests despite existing constraints.

Mr Okonkwo also acknowledged the work of Dr. Kashim Imam; former ADC National Chairman, Ralphs Nwosu; Ekene Onwuka, Alhaji Abubakar’s Senior Special Assistant on Special Duties, in preparing the party for next year’s elections. He thanked his loved ones and supporters for their support and prayers.

“I still covet your prayers for wisdom, courage, provision and protection needed to carry out this challenging responsibility, which will usher in a glorious and great Nigeria,” he added.

The appointment arrives weeks after Mr Okonkwo publicly attacked the ADC’s pick for running mate in 2027. He’d warned that choosing a vice-presidential candidate from the South-South would worsen what he sees as political neglect of the South-East, a region without a president or vice president since 1999.

Despite Mr Okonkwo’s objections, the ADC later announced former Rivers State Governor and ex-Minister of Transportation, Mr Rotimi Amaechi, as Alhaji Abubakar’s running mate following the ex-vice president’s clinching of the party’s presidential nomination.

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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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