The leadership of the House of Representatives on Tuesday directed the ad-hoc committee on review of the 1999 constitution headed by Usman Nafada, deputy speaker, to amend Section 315 of the constitution as it usurps the functions of the legislature and conflicts with the principle of separation of powers between the executive and lawmakers. Section 315 (2) of the constitution empowers the "appropriate authority", including the president, state governors and any person appointed by law to revise or rewrite any existing laws of the federation or of a state made by the National Assembly or the House of Assembly considered necessary or expedient to bring that law into conformity with the provisions of this Constitution.
Dimeji Bankole, speaker of the House of Representatives, gave the directive after a heated debate on the motion sponsored by Leo Ogor, chairman, House committee on intergovernmental affairs, who urged the House to amend Section 315(2) and Section 315 subsection 4 (I) and II and delete Section 315 sub 4(a) III since they conflict with the provisions of Section 4 subsection 1,2,3,4 and Section 58 of the 1999 Constitution respectively.Ruling on the debate which was unanimously supported by members, Bankole urged the Nafada committee to amend the sections alongside others being considered by the National Assembly, including Land Use Act; Police Act and Independent National Electoral Commission Act, among others. Leading debate on the general principles of the proposed law, Ogor noted that the sections gave the executive arm of government at both federal and state levels certain powers to modify existing laws which, according to him, usurped the lawmaking function of the legislature. "The essence of the amendment to section 315 sub 2 and 315 sub 4(a), I, II and the deletion of III is to avoid the usurpation of the functions of the National Assembly by the President and in the case of the House of Assembly, by the Governor. Usurpation of the function of one arm of government by another arm is not good for the doctrine of modern democracy", Ogor posited.He maintained that the modification has been amended twice by the executive without the input of the National Assembly against the provisions of Section 162 of the 1999 Constitution and that "the concept of 'Order' in its present form in line 1 subsection 2 of section n315 of the 1999 Constitution is autocratic and antithetical to the tenets of democracy. In fact, in a democracy the concept of 'Order' is alien and dead ab initio. It has no place and should not exist in our Constitution."
Also speaking, Ita Enang, chairman, House committee on rules and business, observed state governors have been hiding under the provisions of section 315 to usurp the powers of the legislature which, according to him, had the exclusive powers to make laws.
Source: Reps accuse executive of usurping functions (http://www.businessdayonline.com/index.php?option=com_content&view=article&id=8090:reps-accuse-executive-of-usurping-functions-&catid=85:national&Itemid=340)