Constitution Review: National Assembly approves Local Govt autonomy, 43 others out of 66 Bills

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By Raphael Ekpang
The joint committee of the Senate and House of Representatives on the constitution review committee has approved and transmitted the Local Government Financial Autonomy Bill and 43 others to the 36 State House of Assembly.
Chairman of the joint committee, Senator Ovie Omo-Agege (Deputy President of the Senate) made this known on Tuesday while briefing newsmen on the progress of the committee on the constitution amendment.
 He said,  after several meetings and engagements with the State Houses of Assembly, the Joint Committee of the Senate and the House of Representatives recommended 66 Constitution Alteration Bills for passage.
Consequently, the committee considered that those 66 bills have a considerable level of national consensus as garnered from public consultations. And out of the 66 Bills, 44 were approved by both chambers.
According to him, “Subsequently, the 44 Bills were transmitted to the 36 State House of Assembly on 29th March 2022 for approval in line with Section 9(2) stipulations of the Constitution. 


“The 44 Bills transmitted to the State Houses of Assembly seek to, amongst others: strengthen the legislature’s authority to enable it to serve as an effective pillar of checks and balance to the executive; strengthen independent constitutional bodies; create and strengthen a culture of good governance; address issues of revenue leakages and unbridled government spending, and enhance effective administration of justice in Nigeria,” he said.
The 44 Bills approved and transmitted to the 36 State House of Assembly by  joint committee of  the Senate and House of Representatives include; Local Government Financial Autonomy, Local Government Administrative Autonomy,  Inauguration of Senators and Members Elect and Fair Hearing in the Process of Recommending the Removal of Judicial Officers. Others include; Devolution of Powers,  Power to Enforce Compliance of Remittance of Accruals into the Federation Account and Review of Revenue Allocation Formula,  Timeframe for the Submission of the Names of Ministerial or Commissioner Nominees, Establishment of State Security Council, Power to Summon the President and Governors,  Creation of the Office of the Accountant General of the Federal Government,   Separation of the Office of the Attorney General of the Federation and the State from the Office of the Minister or Commissioner for Justice and Independent Candidacy among others.However, the committee chairman Senator Omo-Agege expressed the committee disappointment on the level of compliance by state assemblies after six months of transmitting the bills 
“Now, let us give you a sense of where we are with the Bills as of today (Tuesday). Six months after the transmission of these Bills to State Assemblies, it is most disheartening to inform you that only 11 State Houses of Assembly have demonstrated their independence and loyalty to the . Constitution regarding the 44 bills. 25 State Houses of Assembly  have yet to consider and vote on these bills.” So far,  only Abia, Akwa-Ibom, Anambra, Delta, Edo, Kaduna, Katsina, Kogi, Lagos, Ogun and Osun States have successfully considered, voted on, and forwarded their resolutions on the 44 bills to the National Assembly. 
“More worrisome is that while we are still expecting the receipt of the resolutions of the remaining Houses of Assembly, we received a letter from the Conference of Speakers of State Assemblies informing the National Assembly that the remaining states will not act on the 44 Bills unless the National Assembly passes four new Bills they have proposed in the letter. The Bills they propose seek to amend the Constitution to:  Establish State Police; Establish State Judicial Council; Streamline the procedure for removing Presiding Officers of State Houses of Assembly; and, Institutionalize Legislative Bureaucracy in the Constitution. 

“We want to ensure everyone understands this: the National Assembly is in no way averse to acting on any proposed Bill or memoranda appropriately tabled before it, at any time in its life. However, it is legally inappropriate for the Conference of Speakers to use the four Bills as a quid pro quo to act on the 44 Bills the National Assembly 44 Bills transmitted. It is clear, and we cannot overstate, that this letter is not in keeping with the obligation the Constitution has placed on them regarding the Constitutional amendment. 
” Let us be clear, the Bills the National Assembly transmitted to the State Houses of Assembly as required by the Constitution are not about members of the National Assembly. It transcends our personal and political interests. It is about the people who have graciously given us_ the temporary privilege to serve them. The offices and positions we each hold belong to the people. And they yearn for a government that is honest, accountable, and responsive to their needs. It is, therefore, disheartening that some State Houses of Assembly, through the Conference of Speakers, would give the National Assembly conditions before fulfilling their constitutional obligations. 

“Although the Conference of Speakers did not allude to it in their letter, we are aware of the undue interference with legislative processes and the political capture of some State Houses of Assembly by some State Governors. No doubt, some State Governors have worked tirelessly to turn the Conference of Speakers and some State Assemblies into political puppets, thereby undermining and delegitimizing the legislative institution at the state level. This interference has been ramped up, especially in opposition to the Bills granting financial and administrative autonomy to Local Governments. 

“An independent state legislature is essential to the well-being of Nigeria’s constitutional democracy. That is why the ongoing attempt by some State Governors, with the support of some Speakers and allies in the State Houses of Assembly, to eliminate that independence should alarm all Nigerians. This posturing by the Conference of Speakers of State Assemblies should be shown for what it truly is — a total disregard for the Nigerian constitutional system. 

” It remains true that each State House of Assembly is independent of the other. However, Constitution amendment Bills require the approval of two thirds (24) of the 36 States House of Assembly before they can be presented for the President’s assent. Therefore, how a State Assembly decides on each of the Bills is its prerogative. But, there must be a decision for citizens to know where each State House of Assembly stand on the issues the Bills seek to address.

Meanwhile, he appealed to citizens, civil society organizations, interest/professional groups and institutions to prevail on the Conference of Speakers to withdraw their threat to truncate the constitution amendment process. 
“While we use this medium to applaud all State Houses of Assembly that have successfully considered and approved the Constitution Alteration Bills, we also urge the remaining 25 State Houses of Assembly to keep faith with Nigerians and the Constitution they swore to uphold. May we all honour our pledge to Nigerians to build and reform by listening to the people.” He concluded.

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