Jonathan Wants To Use Us To Legitimize Confab, Ambition –Senators •Vote on new constitution amendment next week Senate is to begin voting on the proposal for a new set of amendments to the 1999 Constitution on Wednesday next week. Senate President, David Mark, gave this hint on Wednesday during debate on the report of the Senate Committee on the Review of the 1999 Constitution chaired by Deputy Senate President, Ike Ekweremadu. The Constitution Amendment Bill, among others, proposes an amendment to Section 9, which deals with how a new Constitution could be processed. Ekweremadu, while presenting the report, said the alteration being proposed on Section 9 “is to make provision for the President, in addition to the National Assembly, to initiate the process of a new constitution”. This development, however, generated heated debates among the Senators. Some called for the rejection of the bill, which according to them, was aimed at legitimising the ongoing National Conference through the National Assembly. Some Senators also argued that a new Constitution was unnecessary because it will further create more problems for the nation’s democracy. Senators like Ganiyu Solomon, Solomon Ewuga, Victor Lar, Adamu Gimba, Abdul Ningi, Kabiru Gaya and Kabiru Marafa, among others, cautioned against alteration of the Constitution to pave the way for a new one. Marafa in particular frowned at proposal to insert a clause to accommodate the President as one of the parties that can initiate process for a new Constitution. He alleged that going ahead with the alteration would automatically provide a door for President Goodluck Jonathan to give credibility to the National Conference. Another Senator, Ahmed Lawan, however argued that the process of a new Constitution was currently the exclusive preserve of the National Assembly. “We must not dilute the functions of the Executive or that of the Legislature. I can concede that any President can send request and that is provided in the Constitution but when we say initiate, it is now taking some functions of the National Assembly away. “Because of that I oppose this proposal that we maintain the sanctity, the purity of the functions of the Executive and that of the Legislature in such a way that there is no lacuna and no confusion. “This is necessary so that in the nearest future we don’t run into a constitutional crisis where the constitution amendment process will become neither here nor there,” Lawan said. Bello Tukur, however, advised that Senate should limit its amendments to certain clauses identified by stakeholders instead of injecting new ones. James Manager, in his view, disagreed with those who opposed the amendment. He said, “An officer of the ranking of the President can also instigate the process of a new Constitution by writing to the National Assembly, presenting it as if it is an Executive Bill”. Manager added: “It will still come to the National Assembly exactly in ways and manners we have been dealing with bills. So there is absolutely nothing new in my humble view. These are very straightforward and unambiguous matters.” Senate Leader, Victor Ndoma-Egba, in his contribution, noted that “there is already provision for three classes of bills, namely Members Bills, Executive Bills and Private Member Bills”. He argued that the amendment being sought was in tandem with the provision of the Senate Rules. Ekweremadu also explained that the Senate in July last year came up with the idea that since Section 9 did not make any provision for how a new Constitution would come into being “we need to amend Section 9 in order to accommodate such possibility in the future”. “Because as you amend the Constitution it would get to a point where you would not even know which part of the Constitution has been amended and which has not been amended. So time will come in the future where we will need to put these things together into a new Constitution. “Again the society is dynamic to note that at some point there will be the need to have a new Constitution. And we won’t be the first to do that. “Other countries have done that, including Kenya, Brazil and Zimbabwe. So further to that we proposed an amendment to Section 9 last on how a new Constitution can come to force. “And in that Constitution we are clear in what we stated that only the National Assembly can bring about the process of a new Constitution. “But at our committee’s meeting yesterday (Tuesday), we now looked at our rules in which case the President can bring about a Bill. “So, we now felt that it is also necessary to open the door in such a way that it is not just the National Assembly that can start the process, that even the President can send a proposal for a new Constitution. “If we leave it as it is now, the President cannot send any proposal for a new Constitution, if it is left as it is today. Because we have already passed a Bill shutting the President out,” Ekweremadu noted. He also explained that what his committee was doing was to open a window so that the National Assembly or the President can initiate the process which is in accordance with the rules of the Senate. In his comments Mark asked the Senators to determine whether a new Constitution would emerge either in content or nomenclature. He, therefore, ruled that every member of the Senate will on Wednesday vote on each of the amendments so far proposed by the committee. Highlights of the proposed amendments by the committee include: 1. To amend Section 3 (b) of Clause 2 of the …. dealing with how a new Constitution can be processed. “You will recall that Section 9 of the first Alteration Bill provided for how a new Constitution can come into being through the National Assembly. “The aim of this insertion is to make provision for the President in addition to the National Assembly to initiate the process of a new Constitution.” 2. Alteration of Sections 68 and 109 to mandate the Clerk of the National Assembly and the Clerks of State Houses of Assembly to notify the Independent National Electoral Commission in writing seven days of the existence of a vacancy arising from death, resignation or defection of a member of the National Assembly or a member of the State House of Assembly respectively. 3. Alteration of Sections 134 and 179 which aim to extend the time for conducting presidential and governorship re-run election from seven days to 21 days as contained in Clauses 4 and 5. INEC is seeking for an extension of the seven days to 21 days after results have been announced. 4. Empowerment of INEC to de-register political parties which fail to win presidential, governorship, chairmanship of a local government area council, or a seat in the National or States Assembly elections. 5. Conferment of exclusive jurisdiction on the Federal High Court for the trial of offences arising from, pertaining to or connected to the violation of the provisions of the Electoral Act and any other election related Acts of the National Assembly. 6. To alter the Third Schedule of the Constitution in Clause 8 to include former Senate Presidents and Speakers of the House of Representatives as members of the Council of States. Daily Independent.
Posted on: Thu, 03 Apr 2014 11:04:43 +0000
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