NASS CONSTITUTIONAL AMENDMENT PROPOSAL, UN-CONSTITUTIONAL-LAWYER Constitutional lawyer and human rights activist, Chief Nkereuwem Akpan has described the ongoing process of amending the 1999 constitution by the National Assembly as unconstitutional. In an exclusive interview with Daily Trust online, Chief Akpan explained that the entire process contravenes the extant provisions of Section 9 of the constitution that deals with its amendment. According to him, “if the National Assembly passes a resolution purporting to amend the constitution, that will be in conflict with Section 9 sub Paragraph 1 and 2o of the 1999 constitution, because they have not complied with the provisions of section 9 sub Paragraph 2, which says they cannot pass such a resolution unless they have been supported by 2/3 majority of the 36 states of the federation.” He added that, “Section 9 of the constitution has made it clear, 9 sub paragraph one says the National Assembly can alter the constitution, but then there are conditions set out, in sub paragraph 2 and 3, sub paragraph 3 says you cannot pass a resolution amending the constitution except you have had the support of such an amendment in 2/3 majority of all the Houses of Assembly from all the states of the federation.” “What that simply means is that there is condition precedents to the passing of such a resolution that can only happen if you have on your table resolutions from at least 25 states, it did not say pass your resolution first and return it to the states and compel them to rubber stamp. That is the problem.” He argued. He further said that the proposed constitutional amendment does not reflect the true yearnings of Nigerians, advocating that the solution to the problems is in true federalism, which will include fiscal federalism. He pushed for a situation where all tiers of government are funded by the consolidated revenue account as well as supported the creation of state police.
Posted on: Wed, 31 Jul 2013 14:53:16 +0000
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