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Constitution Review: Six-Year Single Term for President, Governors

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President and governors should have a six-year single-term in office because of the financial expenses associated with organising elections and the prospect of distractions, the Senate Committee on the review of the constitution has recommended.

In its report presented to the Senate on Wednesday, the committee declined to endorse requests for creation of new states, saying all 61 requests for creation of new states were inconsistent with provisions of Section 8(1) of the Constitution.

Other recommendations include the president’s forfeiture of powers to assent to constitutional amendment, as well as that if a Vice President-elect or Vice-President succeeds the President-elect or the President, he shall be ineligible to contest for the office of President in a subsequent election.

 It recommended that the Auditor-General of the State and the Attorney-General of a State will henceforth get direct funding from the State Consolidated Revenue Fund with the coming in place of first line charge funding. This, it said, is to promote accountability in State Houses of Assembly and State Independent Electoral Commissions.

 Similarly, it recommended the split of the office of the Attorney General of the Federation and that of the States from the Ministries of Justice, while also recommending the allotment of mayoral status to the Federal Capital Territory, as it is in other countries.

“In the light of recent experiences, the committee inserted a new provision to resolve the impasse where the president refuses to signify his assent or that he withholds such assent. In our view, this will strengthen legislature’s authority for good governance,” the committee stated.

 

In other matters, Diaspora voting system was rejected, rotational presidency was rejected; but the entitlement of former Senate Presidents, Deputy Senate Presidents, Speaker, House of Representatives to pension for life at a rate equivalent to the annual salary of the incumbent President or Deputy President of the Senate, Speaker or Deputy Speaker of the House of Representatives was endorsed, just the same way financial autonomy for local governments was favoured.

 

“Where the persons duly elected as President and Vice President die or are unable for any reason whatever to assume office before the inauguration of the National Assembly, the Independent National Electoral Commission shall immediately conduct an election for a President and the Vice President.

 

“Where a person duly elected as President dies before taking and subscribing to the Oath of Allegiance and oath of office; is for any reason whatsoever unable to be sworn in; dies while holding such office, resigns from office or otherwise ceases to hold office in accordance with the provisions of this Constitution, the Vice President-elect shall be sworn in as President and a Vice President appointed in accordance with the provisions of this constitution and in the case of(c) above, the Vice- President shall hold the office of President and shall complete the remaining term of office of the President.”


The committee also recommended that direct funding from the Consolidated Revenue Fund of the Federation is made for the Attorney-General of Federation, the Auditor-General of the Federation, Revenue Mobilization, Allocation and Fiscal Commission; and the National Human Rights Commission.


It observed that while most proposals and forwarded bills were widely popular with the citizenry and advanced strong arguments for constitutional amendments, the committee made its assessments beyond their popularity but also their value and workability in the country.

 

“Of course, citizen’s views have been carefully integrated into every recommendation contained in the draft bill. It must be underlined, however, that these views were appraised in the context of their compatibility with the Constitution as a whole as well as with democratic principles and national unity in general,” the committee stated.

 

“Some of the bills referred were not as comprehensive and were rife with ambiguities, some do not promote the spirit of separation of powers in a Presidential system of Government, while some proposals are better treated as conventions rather than codified in the Constitution.

“Senate Bill 96 is a proposal seeking to establish State Courts of appeal in the six geo-political zones, introduce State Legislative list, adjust and modify the legislative powers of government between the Federal and State Governments and provide for the recognition of the six geo-political zones in the Constitution. The committee is of the view that the present structure/arrangement should be sustained.

(“ii) Senate Bill 136 – Constitution (Alteration Bill). This Bill seeks to provide for the implementation and or execution of the National Assembly resolutions and or approve report of investigations conducted by the National Assembly.

“This proposal good as it may be to assert the authority of the National Assembly does not promote the spirit of separation of powers in a presidential system of government and it apparently encroaches on the powers of the executive arm of government.

“Senate Bill 139 – Constitution (Alteration Bill) 2012. This Bill seeks to provide for more responsibility to the State by transferring some legislative items from the Exclusive legislative list to the Concurrent list. It also provides for the creation of the Office of the Auditor-General of the Federation as distinct from the Office of the Auditor-General of the Federal Government of Nigeria. The scope of the transfer of items in the Exclusive list is too wide especially considering the fact that the Committee has already transferred and included more items into the concurrent list. It is necessary to maintain a strong federal government that can hold the country together.”

It observed that the president attaching portfolios to list of Ministerial nominees seeks to make provision that will enable the National Assembly to be more effective in the screening ministerial nominees by ensuring that portfolio is attached to each nominee.

“While the Committee appreciates the peculiar needs and challenges of Lagos, it is our considered opinion that according such special status should be a matter of political decision which should be kept out of the Constitution,” it said on its rejection of special status for Lagos.

Requests for ministerial slots for indigenes of FCT “seeks the inclusion of the FCT in the proviso to section 147 (3) of the Constitution as it relates to ministerial appointments so as to ensure that an ‘indigene’ of the FCT is appointed as a minister. Desirable as that may be, we are of the view that the provisions granting mayoralty status for the FCT will go a long way in ensuring equitability and is sufficient to ensure efficient administration of the Federal Capital.”

 “We rejected the proposal for rotation of offices on the grounds that the Constitution should not make Nigerian leadership subject to ethnic or regional considerations. This should be a matter of consideration amongst the various political parties.”

 For Prohibition of Foreign Accounts (Section 3 Of Part 1 of the Fifth Schedule), the Committee noted that the status quo be maintained, as making any alteration is most likely to be received with public misgivings and outrage, thereby portraying the National Assembly as self-serving.

 Discussions on the report will commence after two weeks when Senators are expected to resume from a two-week break beginning on Friday.