Daily Trust

Constituti­on amendments ‘dead’ after gulping billions

- By Adelanwa Bamgboye, Ismail Mudashir & Abdullahi Musa Krishi

The constituti­on amendment bill is “dead and buried” with end of the 7th National Assembly on June 6, senior lawyers and legislator­s say.

Gone with it is the sum of N4 billion in tax payers’ money that was spent by the National Assembly in the course of the amendment processes.

At the end of the exercise that lasted for over one year former President Goodluck Jonathan vetoed the Bill, accusing the legislator­s of arrogating to themselves certain powers that belonged to the president.

The 8th Assembly, which was inaugurate­d on June 9, has included constituti­onal amendment on its legislativ­e agenda.

However, top lawyers including O.C.J. Okocha Chairman board of the Council of Legal Education (CLE), Joseph Bodunrin Daudu, former president of the Nigerian Bar Associatio­n (NBA) and a Kaduna based constituti­onal lawyer, Festus Okoye all of them Senior Advocate of Nigeria (SAN) in separate interview with Daily

Trust said the amendment process would have to start all over again.

Constituti­onal lawyer Festus Okoye said that the fate of the 4th amendment to the constituti­on was subject to speculatio­ns.

He, however, added that the issue has to be dealt with before the next general election.

He said what Nigerians lost due to the refusal of the former President to assent to the 4th amendment was enormous.

There should be some level of certainty as we go into election and not become slavish to constituti­onal amendments so that we can plan based on guidelines.

“The truth of the matter is that the constituti­on is very clear, when the Senate and the House of Representa­tives have harmonized their positions it goes to the President for assent, it is either the President assent to the bill or returns it. If he returns it, either the Senate and the House of Representa­tives agree to the amendment he has made or they override his veto.

“The constituti­onal alteration is slightly different, this is because in a constituti­onal alteration it is not only the Senate and the House of Representa­tives that have the power to amend the constituti­on, and the State Assemblies also make inputs into constituti­onal alteration­s.

“When the President returns it and refuses to sign, it should also go back to the Houses of Assembly before going back to the Senate because constituti­onal alteration is not a matter of speculatio­n and not a matter to play along with.

“From all intent the 4 th constituti­onal alteration­s has ran into deep waters this is because the Supreme Court asked both parties to go and agree but till today nobody knows the fate of that harmonizat­ion and settling out of court.

“There are people who are speculatin­g that the President signed it before leaving Office but amendment or alteration of the constituti­on cannot be reduced to speculatio­ns.

“We must shallow our pride and start afresh and the time to do that is now”, Festus Okoye said.

According to the lawyers, the amendment bill will need to be attended to afresh by the current 8th National Assembly members. “The fate of those bills is to go back to the 8 th Assembly”, OCJ Okocha said. He said the constituti­onal amendment bill was attended to in very awkward manner and without a proper constituti­onal conference.

“There has to be a serious effort and a document that emanates from the confab would have been the foundation”.

JB Daudu on his part declared that the fourth amendment bill to the 1999 constituti­on was dead and buried, adding that it has to be started afresh.

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