House Matters: The Fools’ Errand Called Constitutional Review : The duplication of efforts by the Senate and House

[MrVan]

By Ben Agande

For the Special Committee of the House of Representatives on the review of the 1999 constitution, the retreat for its members on the 24th of May, 2012, would mark a big leap in the quest of the National Assembly to again attempt to amend the 1999 constitution.

Though the 1999 constitution which came into being in 1999 had been amended once – after a similar attempt to amend it was botched as a result of the introduction of the controversial tenure elongation provision – that attempt too, was not without controversy.

Prior to the commencement of the process that led to the eventual amendment of the 1999 constitution in 2006, the committees of the Senate and the House of Representatives were locked in a supremacy battle that almost scuttled the exercise. The issue in contention then was who between the Deputy President of the Senate and the Deputy Speaker of the House of Representatives would chair the joint committee of the two chambers when they converged on Minna, the Niger State capital. It took the parting of ways of the two committees for any meaningful progress to be achieved.

Perhaps learning from that experience, the two committees of the national assembly are working independent of each other with the hope that at the end of their exercise, the views collated from Nigerians would be harmonized to produce what would hopefully be a reflection of what the Nigerian people want their constitution to be.

Despite the commitment given by the chairman of the House of Representatives Constitution Review Committee, Hon. Emeka Ihedioha, that every effort would be made to accommodate the feelings of Nigerians, the list of items based on the memoranda received so far for review has engendered fears in certain quarters that the exercise might not achieve its intended goals.

For instance, about 10 private mem ber bills have been referred to the Committee by the House of Representatives to be included among the items that would be considered for review during the amendment exercise. These include a bill by the Minority Leader of the House, Hon Femi Gbajabiamila, which seeks to provide for a definite date for the President to present an Appropriation Bill for the next financial year; another  bill by Hon. Uche Ekwunife to alter the provisions of sections 7 & 162 of the Constitution to provide for independence and financial autonomy of local government councils and yet another by the Deputy Leader of the House, Hon. Hon. Leo Ogor, to alter the provisions of sections 89 and 129 of the constitution to direct the Attorney General of the Federation to prosecute any person or authority found wanting by the Senate or House of Representatives and for matters connected to it .

Other bills include  a bill by Hon. Jagaba Adams Jagaba to remove the word 'Force' from the name of the Nigeria Police Force to bring it in tune with the current democratic dispensation in the country; a bill by Hon. Patrick Ikhariale to amend the Electric Power Sector Reform Act, Cap. E7, Laws of the Federation of Nigeria, 2004 and other matters connected therewith, the purpose of which is to open up the electricity sector by enabling a state government that desires to participate in the generation, transmission, trading, distribution and bulk supply and resale of electricity either directly or otherwise; and a bill by Hon. Suleiman Kawu to alter relevant provisions of the constitution to make for financial autonomy for state legislatures and yet another bill that seek to grant Financial autonomy.

Beyond these provisions that have been lined up for amendment, there are also other issues that have continued to agitate the minds of Nigerians. For instance, the issue of the clause which grants immunity from prosecution for the President, the Vice President; the Governor and the Deputy Governor is one that has generated interest amongst Nigerians.

Although the chairman of the sub-committee on Publicity, Hon. Eziuche Ubani told House of Representatives correspondents recently that the issue has not been formally received by the committee, it is one issue that would occupy a lot of space when the committee's work take off full swing.

As Nigerians await the outcome of the committee on the review of the constitution, one question that has continued to agitate the minds of many watchers is why would the national assembly not set up one committee to consider the review of the constitution? Why would the national assembly expend so much money repeating one thing when the same thing could have been achieved with just a committee? Sadly, though the Senate and the House of Representatives have overcome the ego war that almost truncated the last exercise, it has not been able to exorcise itself of the supremacy battle that has remained a constant feature between the two Houses. For Nigerians, no excuse would suffice if their expectation of a better and more workable constitution is not met.

Vanguard Nigeria