EXCLUSIVE: How state Assemblies stall Constitutional amendment for LG financial autonomy, independent candidacy, others

No fewer than 32 out of the 44 proposed amendments to the 1999 Constitution received favourable endorsement of the State Houses of Assembly that have so far formally transmitted their resolutions to the National Assembly as at 24th January, 2023.

 

According to the report exclusively obtained by NIGERIAN TRIBUNE, 15 out of the 36 State Houses of Assembly have so far endorsed the proposed bill which seeks to abrogate the State Joint Local Government Accounts and provide for a special account into which shall be paid all allocations due to Local Government Councils from the Federation Account and from the Government of the State and for related matters.

 

The 15 State Houses of Assembly that endorsed the proposed legislation are: Abia, Akwa-Ibom, Anambra, Bauchi, Cross-River, Delta, Edo, Enugu, Kano, Katsina, Kogi, Nasarawa, Niger, Ogun and Osun.

 

However, 11 state Houses of Assembly namely Benue, Borno, Ebonyi, Ekiti, Kaduna, Lagos, Ondo, Rivers, Yobe, Imo opposed the proposed legislation.

 

Meanwhile, the resolutions from Adamawa and Bayelsa State Houses of Assembly abstained from voting while the resolutions from 9 State Houses of Assembly namely: Gombe, Jigawa, Kebbi, Kwara, Oyo, Plateau, Sokoto, Taraba, Zamfara are still being awaited by the National Assembly.

It was also gathered that 9 State Houses of Assembly namely: Gombe, Jigawa, Kebbi, Kwara, Oyo, Plateau, Sokoto, Taraba and Zamfara are yet to transmit their resolutions to the National Assembly, as at the time of computation of the report that was transmitted to President Muhammadu Buhari for assent.

 

In respect of the proposed bill which seeks to establish Local Government Councils as tier of government and guarantee their democratic existence, tenure; and for related matters, only 14 State Houses of Assembly namely: Abia, Akwa-Ibom, Anambra, Bauchi, Cross-River, Delta, Edo, Enugu, Kaduna, Katsina, Kogi, Nasarawa, Ogun, Osun voted in favour of the bill while 12 State Houses of Assembly namely: Benue, Borno, Ebonyi, Ekiti, Kano, Lagos, Niger, Ondo, Rivers. Yobe, Imo voted against the bill.

 

While Adamawa and Bayelsa abstained from voting, the resolutions from Gombe, Jigawa, Kebbi, Kwara, Oyo, Plateau, Sokoto, Taraba, Zamfara are still being awaited.

 

For the proposed financial autonomy of State legislatures and State Judiciary, 26 State Houses of Assembly voted in favour of the bill while Imo State House of Assembly voted against the bill. Meanwhile, the resolutions from Gombe, Jigawa, Kebbi, Kwara, Oyo, Plateau, Sokoto, Taraba, Zamfara are still being waited.

 

In the same vein, 26 State Houses of Assembly voted in favour of the bill which seeks to compel persons to obey or comply with legislative summon; and for related matters, while Rive State House of Assembly voted against the bill.

Also, 27 State Houses of Assembly voted in support of the bill which seeks to regulate the first session and inauguration of members-elect of the National and State Houses of Assembly; and for related matters.

 

On the restriction on formation of Political Parties, the 27 State Houses of Assembly endorsed the bill seeking to enhance existing provisions on the formation of Political Parties.

 

The 27 State Houses of Assembly also endorsed the proposed bill which seeks to delete the reference in the Constitution to the provisions of the Criminal Code, Penal Code, Criminal Procedure Act, Criminal Procedure Code or Evidence Act and for related matters.

 

The 27 State Houses of Assembly also approved the bill which seeks to exclude the period of intervening events in the computation of time for determining pre-election petitions, election petitions and appeals therefrom.

 

Except for Adamawa, Ebonyi, Lagos, Nasarawa, Osun and Yobe State Houses of Assembly that opposed the bill seeking to provide for independent candidacy in Presidential, Governorship, National Assembly, State Houses of Assembly and Local Government Councils elections; 21 State Houses of Assembly approved the proposed bill.

 

The proposed bill which seeks to expand the interpretation of judicial office to include Courts or Tribunals created by an Act of the National Assembly or a State House of Assembly; and for related matters also secured the votes of the 27 State Houses of Assembly.

 

Except for Benue State House of Assembly, the bill which seeks to provide for the post call qualification of the Secretary of the National Judicial Council; and for related matters got the endorsement of 26 State Houses of Assembly.

 

On the power to summon the President and Governors, 27 State Houses of Assembly approved the bill which seeks to alter the Second Schedule to the Constitution of the Federal Republic of Nigeria, 1999 to empower the National Assembly and State Houses of Assembly powers to summon the President of the Federal Republic of Nigeria and Governors of States to answer questions on issues on which the National and State Houses of Assembly have powers to make laws.

 

Similarly, the 27 State Houses of Assembly endorsed the bill to alter the provisions of the 1999 Constitution to reduce the period within which the President or the Governor of a State may authorise the withdrawal of monies from the Consolidated Revenue Fund in the absence of an Appropriation Act from six months to three months.

 

As stipulated in the report, the 27 State Houses of Assembly endorsed the bill seeking to provide for a State of the Nation and State of the State Address by the President and Governor.

 

In the same vein, the bill which seeks to replace the Consolidated Revenue Fund of the Federation with the Consolidated Revenue Fund of the Federal Government; and for related matters got the approval of the 27 State Houses of Assembly.

 

The bill which seeks to establish the office of the Accountant-General of the Federal Government separate from the office of the Accountant-General of the Federation; and for related matters also got the endorsement of the 27 State Houses of Assembly.

 

However, only 23 State Houses of Assembly approved the bill which seeks to establish the office of the Attorney-General of the Federation and of the State separate from the office of the Minister of Justice, or Commissioner for, Justice of the State in order to make the offices of the Attorneys-General independent and insulated from partisanship; and for related matters, while Borno, Ondo, and Rivers State Houses of Assembly voted against it; while Delta State House of Assembly abstained.

 

Except for Bauchi and Kaduna State Houses of Assembly, the bill which seeks to include former heads of the National Assembly in the Council of State was approved by 25 State Houses of Assembly.

 

On devolution of powers, 26 State Houses of Assembly Devolution of Powers voted in favour of the bill which seeks to move Fingerprints, identification and criminal records from the Exclusive Legislative List to the Concurrent Legislative List; and for related matters while Bauchi State House of Assembly voted against the bill.

 

Also, the bill which seeks to delete prisons in the Exclusive Legislative List and redesignate it as Correctional Services in the Concurrent Legislative List; and for related matters got the endorsement of 26 State Houses of Assembly, except for Katsina State House of Assembly.

 

Except for Bauchi State House of Assembly, the which seeks to move railways from the Exclusive Legislative List to the Concurrent Legislative List; and for related matters got the endorsement of 26 State Houses of Assembly.

 

The 27 State Houses of Assembly also supported the proposed bill which seeks to empower the Revenue Mobilization, Allocation, and Fiscal Commission to enforce compliance with remittance of accruals into and disbursement of revenue from the Federation Account and streamline the procedure for reviewing the revenue allocation formula; and for related matters.

 

Also, the 27 State Houses of Assembly endorsed the proposed bill which seeks to empower State Governments to generate, transmit and distribute electricity in areas covered by the national grid; and for related matters.

 

Except for Bauchi State House of Assembly, the bill which seeks to remove transitional law-making powers from the Executive Arm of Government; and for related matters received the approval of 26 State Houses of Assembly.

 

On the domestication of Treaties, 26 State Houses of Assembly approved the bill which seeks to specify the time within which the Executive shall present to the National Assembly any treaty between the Federation and any other country for enactment, apart from Kano State House of Assembly.

 

The 27 State Houses of Assembly also approved the bills seeking to specify the period within which the President or the Governor of a State shall present the Appropriation Bill before the National Assembly or House of Assembly; as well as the bill which seeks to require the President and Governors to submit the names of persons nominated as Ministers or Commissioners within sixty days of taking the oath of office for confirmation by the Senate or State House of Assembly.

 

Other bills which did not meet the two-third requirements from the 36 State Houses of Assembly include: a bill which seeks to ensure uniformity in the retirement age and pension rights of Judicial Officers of Superior Courts of record: and for related matters. According to the report, only 23 State Houses of Assembly favourably passed the bill so far, while Ebonyi, Niger and Rivers declined approval, and Adamawa State House of Assembly abstained from voting.

 

20 State Houses of Assembly have so far endorsed the proposed bill which seeks to permit public servants to engage in healthcare education, production and services beyond farming; and for related matter, while Benue, Borno, Ekiti, Kaduna, Lagos, Osun, and Rivers voted against the bill.

 

Only 19 State Houses of Assembly have so far voted in favour of the proposed bill which seeks to impose the requirement of fair hearing in the process of recommendation of removal of judicial officers by the State Judicial Service Commission; and for related matter, while Bayelsa, Benue, Borno, Ebonyi, Ekiti, Lagos, and Rivers voted against the bill.

 

On devolution of powers, only 25 State Houses of Assembly voted in favour of the bill which seeks to move Airports from the Exclusive Legislative List to the Concurrent Legislative List; and for related matter, while Bauchi, and Katsina State Houses of Assembly voted against the bill.

 

Except for Ondo and River State Houses of Assembly, 23 State Houses of Assembly endorsed the proposed bill which seeks to enhance the independence of certain bodies; and for related matters, while Gombe, Imo, Jigawa, Kebbi, Kwara, Oyo, Plateau, Sokoto, Taraba, Yobe, and Zamfara are yet to transmit their resolutions.

 

Only 21 State Houses of Assembly voted in support of the proposed bill which seeks to include presiding officers of the National Assembly in the membership of the National Security Council while Akwa-Ibom, Borno, Ekiti, Katsina, Ondo, and Rivers voted against the bill.

 

Twenty-three State Houses of Assembly also approved the bill which seeks to establish State Security Council; and for related matters, while Borno, Kaduna, and Rivers opposed the bill but Ondo State abstained.

(Tribune)