Constitution - Senate Set to Pass 35 Amendments

The Senate voted yesterday, by two-thirds majority, to approve independent candidature to liberalise the political space. It also approved the removal of panel indictment as basis for disqualifying candidates from election.

Among other amendments, the senators specifically approved the deletion of Section 66 (h) of the 1999 Constitution on disqualification from contesting election to the National Assembly on the basis of indictment by a Judicial Commission of Inquiry or an Administrative Panel of Inquiry or a Tribunal for embezzlement or fraud.

The passage of the 35 proposed amendments to the constitution by way of third reading, however, suffered a set-back as a result of the omission of the amendment to Section 109 in the report of the AdHoc Committee on the Review of the Constitution.

The section has to do with defection to other parties in the state and national assemblies.

If not for the observation of Bassey Ewa-Henshaw (PDP, Cross River South), the Senate would have passed the proposed amendments as contained in a Bill for an Act to Alter the Provisions of the 1999 Constitution and for Other Matters Connected Thereto 2010.

Senate President David Mark (PDP, Benue South) had to shelve the third reading (reading of the Bill's long title signifying passage) till today after the proposed amendment to Section 109 on tenure of members of the state Houses of Assembly would have been taken through the process of voting.

Attempts by the Chair of the Ad Hoc Committee and Deputy Senate President Ike Ekweremadu (PDP, Enugu West) to have the amendment treated "mutatis mutandis" ("the necessary changes having been made") with Section 68 on tenure of seat of members of the National Assembly failed.

The new Section 68, which was amended by a vote of 75 (in support) to 18 (against), is aimed at liberalising the political space and maintaining the fundamental right to freedom of association. Mark insisted that the proposed amendment to Section 109 would have to be voted on by the Senate.

He also took the observation by Joel Danlami (PDP, Taraba South) that the independence of the judiciary should be captured in the explanatory memorandum to the bill.

The memorandum, as passed yesterday by a vote of 75 (in support) and one (against), reads: "The Bill seeks to amend the Constitution of the Federal Republic of Nigeria 1999, to among others, provide for independent candidate in elections, guarantee administrative and financial independence of the INEC and ensure the non elongation of the term of office of elected official beyond the required constitutional term."

Mark directed that the Ad-Hoc Committee should bring the fundamental omission of proposed Section 109 and the observation to the explanatory memorandum to the floor today for legislative remedy consequent upon which the Upper House would now vote to pass the amendments.

Other amendments passed are in respect of clauses providing for time to dispense with election petitions and litigations, which as provided in Section 76 (2), states that "the date mentioned on subsection (1) of this Section shall not be earlier than 150 days and not later than ninety days before the date on which the House stands dissolved, or where the election is to fill a vacancy occurring more than three months before such a date, not later than one month after the vacancy occurred."

The clause which is "mutatis mutandis" with Section 116 on time of elections to the House of Assembly, was passed by a vote of 92 (in favour) and nil against.

In addition, the Senate, by a vote of 94 in support and none against approved the insertion of a new subsection in Section 121 to cater for the financial independence of the Houses of Assembly and the judiciary of states.

It also passed by a vote of 89 for and three against proposed amendments to Section 131 to provide for the independent candidate and raising the standard of qualification to make the legislature to evaluate issues in the developing world.

Consequently, the minimum educational qualification for all elective position is tertiary education certificate. On tenure of office of president in Section 135, the Senate passed by a vote of 88 in favour and two against the proposed insertion of a new subparagraph c to avoid elongation of tenure of office of the President as provided in the Constitution.

It reads: "In the calculation of the four year term, where a re-election has taken place and the person earlier sworn in wins the re-election, the time spent in the office before the date the election was annulled, shall be taken into account."

Section 156 as amended guarantees the political independence of the INEC as it bars the chair or members from being members of political parties; while Section 160, as amended, is to guarantee the administrative independence of the Commission.

Once the Senate passes the proposed amendments today, the House of Representatives would be expected to concur and the Bill would be sent to the State Legislatures for their approval. A clean copy will then be sent to the Acting President for his assent.

One prays that the Powers that be will let things work.