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Tag: Amendment

  • Senate passes bill for Act to amend 2023 supplementary appropriation bill till 31st December

    Senate passes bill for Act to amend 2023 supplementary appropriation bill till 31st December

    The Senate has passed a bill for an Act to amend the implementation of the 2023 supplementary appropriation bill till 31st December, 2024.

    The passage followed the emergency plenary convened which was presided by the President of the Senate, Senator Godswill Akpabio.

    After clause by clause consideration of the bill and after the Committee of Supply, the bill was then read the third time and passed.

    The 2023 supplementary budget bill was sponsored by the Senate Leader, Senator Opeyemi Bamidele, APC, Ekiti Central for its implementation to be extended.

    In his remark, the President of the Senate, Godswill Akpabio who thanked Senators for their understanding and patriotism, expressed his belief that the implementation would allow the executive to complete all abandoned projects.

  • Gbajabiamila expresses doubts over conclusion of constitutional amendment

    Gbajabiamila expresses doubts over conclusion of constitutional amendment

    Femi Gbajabiamila, Speaker of the House of Representatives on Monday expressed doubt over the conclusion of constitutional amendment before the expiration of the ninth assembly in June 2023.

    He made this known at the second edition of the Distinguished Parliamentarians Lecture organized by the National Institute for Legislative and Democratic Studies (NILDS) in Abuja.

    The speaker said the national assembly had passed a draft of amendment to the constitution and advanced it to the states as required, adding that the process now seemed to have stalled in the state assemblies.

    “As it is today, it is doubtful that the current constitutional amendment effort will be concluded before the expiration of this legislative arms,” Gbajabiamila said.

    He said despite broad national agreement on the need for reform, the potential for achievements could rise or fall based on differences in expectations of the context, peace, and direction of the specific proposal.

    The speaker said the conclusion of the amendment was necessary to enable it to advance the course of the nation’s democracy and put it together for the good of the country.

    Gbajabiamila said one of the effective tools the ninth assembly had adopted was the Public Policy Dialogue, adding that the dialogues were structured engagement between the stakeholders.

    This, he said, was designed to build a shared understanding of issues and advance policy recommendations that addressed issues in a manner the parties could agree with.

    “These dialogues have helped us to advance national security legislation that may otherwise have proved difficult to scale.”

    Prof. Abubakar Suleiman, the Director General of NILDS said: “Today’s occasion attests to the robust nature of symbiotic roles of the executive and legislative.”

    He said this had brought to bear on democratic practices in Africa, where Nigeria had taken the lead.

    Suleiman said if the symbiotic relationship between the two arms of government, was strengthened, it would portend a leeway for democracy and impactful good governance to thrive.

    This according to him, does not, however, preclude the two arms having to occasionally diverge, even seriously on issues that have a direct bearing on the lives of constituents.

  • Senate passes Money Laundering Act Amendment Bill

    Senate passes Money Laundering Act Amendment Bill

    The Senate on Wednesday passed the Money Laundering Act, 2011, Amendment Bill.

    The passage of the bill tagged, “Money Laundering (Prevention and Prohibition) Act 2022”, followed the consideration of the report of the Senate Committee on Anti-Corruption and Financial Crimes at plenary.

    Presenting the report, Sen. Suleiman Abdu Kwari,the Chairman of the Committee, said that the bill sought to amend the institutional and legal framework of the bill.

    “The amendment will provide for effective and comprehensive legal framework to re-invigorate the fight against money laundering in the country by placing emphasise on prevention as a useful tool to strengthen the existing legal regime in combating money laundering and other related crimes in the country,” he said.

    He said that the bill provided appropriate penalties as well as expanded the scope of supervisory bodies to effectively address the challenges faced in the implementation of anti-money laundering laws in Nigeria.

    Kwari said that the bill provided protection for employees of various anti-graft institutions, and approved the establishment of the Special Control Unit Against Money Laundering under the Economic and Financial Crimes Commission.

    He said that the unit when established, would be charged with the effective implementation of the money laundering laws in relation to designated Non-Financial Businesses and or Professions in Nigeria.

    “The enactment of this bill will resolve the institutional issues regarding the establishment of the Special Control Unit against Money Laundering under the Federal Ministry of Trade and Investment, being implemented by the Economic and Financial Crimes Commission.

    “The bill seeks to introduce certain supervisory and enforcement mechanism, through the imposition of administrative penalties for breach of any requirement imposed by law,”the lawmaker said.

    The bill was passed by the Upper chamber after consideration by the Committee of the Whole.

  • Court ruling will not stop amendment of Electoral Act – Lawan

    Court ruling will not stop amendment of Electoral Act – Lawan

    Senate President Ahmad Lawan says the ruling given by the Federal High Court in Abuja, will not stop the National Assembly from amending the Electoral Act 22.

    The court in a ruling delivered on Monday by Justice Inyang Ekwo, in an ex-parte application by the People’s Democratic Party(PDP)barred President Muhammadu Buhari, Attorney General of the Federation and the Senate President from amending the newly Electoral Act 2022.

    The Court maintained that the Electoral Act having become a valid law could not be altered without following the due process of law.

    President Buhari, had in a letter dated Feb 28 requested the National Assembly to amend the Electoral Act.

    Buhari had drew the attention of Senate to the provisions of Section 84(12), which, according to him, constitutes a defect, having noted that it was in conflict with extant constitutional provisions.

    Lawan ,while reacting to the ruling by the Federal High Court after the Electoral Act Amendment Bill scaled first reading at plenary, said the ruling violated provisions of the 1999 Constitution )as amended) on Separation of Powers.

    “I find it necessary to talk to this at this point, because our governance system is based on the Presidential system of government where there is clear cut separation and exercise of powers.

    “The Judiciary, under no circumstance cannot stop the National Assembly from performing its legislative duties.

    “We know what our due processes are, just like we wouldn’t venture into what the Judiciary does, it should also understand that we have our processes.

    “If the President writes to the National Assembly to request for an amendment, that is within his competence, and it is for the National Assembly to decide whether it agrees with the request of Mr. President or not.

    “But to say that we cannot consider it, is to ask for what is not there to be given. I believe that Members of this National Assembly know their work and will do what is right.

    “This is due process, we are not doing anything outside of the law, whether it is Mr. President or any Nigerian who feels very strongly about an amendment, this National Assembly is ready to take in and consider.

    “It is within our exclusive right to consider whatever request we receive from Nigerians, whether through the Executive arm of government or through our colleagues via private members’ bill.”

    Sen. Gabriel Suswam,(PDP-Benue)in his contribution said:”I agree with what you have said, the court cannot stop us from making laws.

    ” The problem with the letter sent to us by the President was that there is a part of it that interpreted the law we made.

    “I think that is the only part that the court can act on, because tPresident Buhari said that the law the National Assembly made is ultra vires the Constitution, which is not his responsibility.

    “I think, to that extent, the court can comment on that and not on the fact that we are making laws.”

    Sen. Ike Ekweremadu(PDP-Enugu), while citing Order 52(5) of the Senate Standing Order, called on the Senate to abide by the court ruling.

    He said: ”when we were waiting for the President to assent to the Electoral Act, some of us made a suggestion we believed would help, namely that the President would sign and then we would commit ourselves to amending that section.

    “Mr President, I also offered to help in redrafting it, now we have a situation where they’ve told us there’s a Judicial restriction on us to do that.

    “Mr President, I agree with you entirely, but the principle as all the lawyers here know, is that if there is a court order, no matter how wrong it is, our responsibility as individuals and citizens is to respect it.

    “The argument you have raised is what we are going to raise in response.”

    The Senate President, while giving his ruling to the Order raised by Ekweremadu, said,” this has nothing to do what happens in the court.”

    Ekweremadu, however, advised the National Assembly to discharge the court order via the court.

    “I think the argument you’ve raised is valid, but this point is what we have to present in court to discharge that order.

    “We cannot sit and appeal on a matter that has already been given an order in court. I think we should exercise caution in siting a judgment over a matter that an order has been given.

    “What we should do is to brief our lawyers to go and discharge the order, instead of sitting here and disobeying court order, is is not good for us and our system, that is calling for anarchy.”

    Responding further, Lawan said: ”my opinion about anarchy is when either arm of government decides to go into the exclusive preserve of the other.

    “If the Judiciary wants to come into the Legislature to decide when we sit and when we don’t, then that’s anarchy.

    “If the Judiciary would simply say we are not to consider this and that, and we obey those kind of rulings, that is anarchy, because it is emasculating the legislature and that is not supposed to be .

    “We will continue with what we are supposed to do because that is our calling. We are just advising that the Judiciary should please help us develop this democracy, because this arm of government is the least developed and if we are allow these kind of rulings, we may end up going back 23 years ago.

    “I believe that what we are saying is the same, but we are emphasising that that judicial pronouncement will not stop us from doing what is right and our work here.”

  • NASS will soon start another round of constitutional amendments – Gbajabiamila

    NASS will soon start another round of constitutional amendments – Gbajabiamila

    Speaker of the House of Representatives, Rep Femi Gbajabiamila has said that the National Assembly will soon start another round of amendments to the 1999 Constitution.

    The speaker disclosed this to reporters in Ilorin, Kwara state capital.

    Gbajabiamila explained that the lawmakers would also devolve more powers from the exclusive to the concurrent list in the new amendment.

    He said that both Chambers of the National Assembly would harmonise the amendments and send same to State Houses of Assembly.

    Kwara Governor AbdulRaman Abdulrazaq reiterated the need to have more women in government especially thirty five percent affirmative.

  • Why Constitutional amendment won’t work – CSO to late Gen. Abacha

    Why Constitutional amendment won’t work – CSO to late Gen. Abacha

    Maj. Hamza Al Mustapha, Chief Security Officer (CSO) to late military head of state, Gen. Sani Abacha, says the current effort to amend the 1999 Constitution might not work, as it is being done in a rush.

    Al Mustapha said this when he spoke in Abuja on Sunday.

    “Constitutional amendments are done to carry evebody along, but I can see a Constitutional amendment carrying a few elites in a hurry.

    “Constitutional amendments should be given time and should not be seen carrying the opinions of a few elites abandoning the majority.

    “Most Nigerians especially the downtrodden in rural communities are not even aware of what is going on, they don’t even have the money to travel to the urban centres for public hearing.

    “At the end of the day, you end up listening to the views of a few elites in trying to amend the constitution,” he said.

    Al Mustapha said the elites were the problem of the country.

    “The elites are the problem of Nigeria, institutions are killed by the elites, they determine government direction, they are government contractors and top civil servants in the country are also part of the elites.

    “So the problem of Nigeria revolves around the elites.

    “The whole thing has nothing to do with the poor masses, even the issue of mutual suspicious among ethnic groups is being championed by the elites,” he said.

    Al Mustapha said that the same elites who claimed that the 1999 Constitution was done in a rush were trying to amend the constitution in a rush.

    “You say that the 1999 constitution was rejected because it was done in a rush and here you are doing amendment haphazardly.

    “At the end of the day, you will still call for another Constitutional review because anything that is done outside reality, so long as it has to do with rights of man in governance is fake arrangement,” he said.

    Al Mustapha said the best way to ensue a successful constitution amendment was to anchor the process around the Nigerian masses and not the elites.

    ” If you want to have an acceptable constitution for everybody in the country, then you require a detailed plan of action that will carry evebody along across the country.

    “You don’t rush Constitutional amendment, you have to anchor everything around the masses and not the elites.

    “Constitutional amendments also need time to be successful,” he said.

  • Amendment: Why lawmakers can’t alter all parts of current constitution – Omo-Agege

    Amendment: Why lawmakers can’t alter all parts of current constitution – Omo-Agege

    Deputy Senate President, Ovie Omo-Agege has said contrary to popular opinion and expectations, lawmakers don’t have powers to alter all parts of the current constitution.

    The Delta lawmaker however urged all those agitating for a new constitution to mount pressure on their representatives at the National Assembly.

    Constitution amendment and review has been an issue of debate in Nigeria for quite a while with many calling for the total repealing of the present charter.

    The proponents of the repeal process argue that the 1999 Constitution upon which the nation currently operates is not a ‘peoples constitution’. According to these advocates, the present canon is flawed and was forced upon Nigerians by the military.

    For those who seek to repeal the Constitution, an amendment will not suffice, however, Senator Omo-Agege in during a monitored Channels Television programme on Thursday said the legislators “do not have the power to write a new Constitution,” adding that the only power invested in the legislature is the ability to alter.

    According to him, the extant legal order only provides for alterations, not a total overhaul. He stressed that Section 9 which some often quote, envisages that any provision of the constitution can be altered, but not all at once.

    Omo-Agege further disclosed that for a rewrite of the constitution to be done, then Section 9 would have to be amended, however, for this section to be revised, then four-fifth vote in the Senate which is about 88 Senators out of 109 and about 288 members of the House of Reps.

    The Deputy Senate President said a bill needs to be put forward to effect an amendment of Section 9, however, noted that it is very difficult to muster the vote needed for a revision of the section that could give the power needed to have the present constitution repealed.

    The lawmaker assured Nigerians that President Muhammadu Buhari is interested in the constitutional review process and will assent to any bill that emanates from it.

    He also promised that the Senate will work towards an inclusive amendment of the constitution free from the manipulations of political actors.

  • June 12: Reps divided as Public Holidays Act passes amendment

    From Jonas Ike, Abuja

    The House of Representatives was on Thursday polarized on the basis of party affliations during the debate on a bill seeking an amendment to the Public Holidays Act to recognize June 12 as Democracy Day in Nigeria as against the choice of May 29 it is usually marked annually.

    The Bill was entitled: ‘A Bill for an Act to Amend the Public Holidays Ac,t Cap40 LFN 2004 to bring the Act in tandem with the current realities and exigencies of modern times and to declare June 12 as Democracy Day in Nigeria and for Related Matters’ sponsored by Hon Edward Pwajok (Plateau,APC) and Hon Kayode Oladele (Ogun, APC).

    After the debate on the general principles of the proposed legislation which Pwajok hinted is to be done as a mark of post humous honour to Chief MKO Abiola who was acclaimed winner of June 12,1993 Presidential election, lawmakers of the opposition Peoples Democratic Party tookbtime to criticise the propriety of the action.

    Not even President Muhammadu Buhari and APC lawmaker who said that the amendment to the Public Holiday Act to move Democracy Day to June 12 every year was to strengthen democratic practices in the country was spared during the heated debate on the bill by other lawmakers.

    Speaking against the proposal, Hon Jones Onyereri (Imo, PDP) said that the bill ought to have been presented to the National Assembly before the proclamation by the President to that effect.

    He therefore insisted that the bill be presented as an executive bill and not a private member bill from a lawmaker.

    Similarly, Hon Sergius Ogun (Edo, PDP) said that President Buhari who truncated democracy in Nigeria in 1983 is not in a good position to declare June 12 Democracy Day the manner he did it.

    Apparently making jest at the APC led Federal Government he said that a monkey cannot give birth to a lion adding that those who do not have internal democracy in the running of their party should not be talking of democracy which its hallmark is free and fair elections.

    On his own part, Hon. Kingsley Chinda (Rivers,PDP) asked questions regarding the propriety of moving the Democracy Day from May 29 to June 12 every year.He said: “what is the spirit behind the amendment?.

    He argued that even if we change democracy day to June 12 we must observe the May 29 public holidays every four years as a day of inauguration of a new government in Nigeria.

    Nonetheless, some other lawmakers of the ruling APC fired back as they stoutly opposed their PDP counterparts saying that ruling party is committed to provide the enabling environment for democracy and it’s tenets to thrive in Nigeria.

    APC lawmakers who spoke in favour of the bill including Hon.Nkiruka Onyejeocha (Abia,APC) and Hon. Gudaji Kazaure (Jigawa, APC) said that the President Buhari who initially declared June 12 as public holiday did so out of democracy blood running down in his vein.

    Whereas Onyejeocha said that since Buhari has said that the nation will have a free and fair general elections, and the onus is on the citizenry to hold him accountable to it, Kazaure said that we must not repeat the mistake of the past which our children would continue to read as our nation’s sad history.

    He added that the bill is well intended and urged that it passes through stages of the legislative process as proposed by the lawmakers.

    Consequently the Speaker Hon. Yakubu Dogara pleaded that national unity and cohesion be put first by both the proponents and opponents of the bill and put the matter to a voice voice.

    Dogara said that the supporters of the bill had outnumbered the opposition to it during the voting and the bill scaled second reading and was committed to the Committee of the Whole for further inputs

     

  • Rowdy session in House of Reps as card reader passes amendment

    Rowdy session in House of Reps as card reader passes amendment

    As the 2019 general elections draws closer by days, the House of Representatives witnessed a rowdy session over the propriety or otherwise of the inclusion of the Card Reader in the amendment to the Electoral Act 2010 before the House.
    This happened during the consideration of the report of the House Committee on Electoral and Political Party Matters chaired by Hon.Aisha Dukku at the Committee of the Whole which traditionally is chaired by the Deputy Speaker.
    But the House became rowdy when when the inclusion of the Card Reader and any other technological devices in the revised and amended Act was read at the clause by clause consideration of the report of the Committee which came up.
    Dukku who informed the lawmakers that there are eleven areas or observations as raised by the President on the report had revealed that the Committee met severally to review the issues raised by the Presidency which she noted had declined assent to the amended Act three times.
    According to her, section 9 of the amended Act is amended by substituting the word Card Reader.
    Moreover section 18 of the Act provides that the Independent National Electoral Commission INEC shall issue a Permanent Voters Card PVC to a person eligible to vote up to 60 days before the election.
    It further provides that a political party which presents a candidate who does not meet the qualification requirement specified in the Act Commits an offence and is liable to a fine of N10 million.
    But some lawmakers picked homes with the inclusion of the card reader and any other electronic devises in the amended Act.
    Femi Gbajabiamila the House Leader had urged the House to be circumspect whenever it is considering matters as sensitive as election noting that the card reader is a device that can be changed by the electoral umpire at any time.
    He cited the case of Kaduna State in which local council elections were conducted without the card reader instead a different electronic device was deployed to check electoral malpractices.
    Other lawmakers as Hon.Aminu Shagari (Sokoto, APC) and Hon. Simon Arabo (Kaduna, APC) also noted that the inclusion of the word ‘any other electronic devices’ in the amended Act would not be in the nations best interest towards a free and fair election.
    Consequently the Deputy Speaker Hon. Yusuff Lasun thereafter put the matter to vote and the ‘Ays’ voted overwhelmingly for it.
    Lasun later shelved the report being considered and adjourned the House to Thursday after clause by clause approval of 27 clauses of amended Act.

  • Lagos Assembly’s amendment of electoral laws 3 days to LG elections may brew violence – TMG

    Lagos Assembly’s amendment of electoral laws 3 days to LG elections may brew violence – TMG

    Transition Monitoring Group, TMG, has said the decision of the Lagos State House of Assembly to amend and pass sensitive portions of the electoral laws barely three days to the local government elections may brew violence in some parts of the state.

    This is contained in a statement signed by Abiola Akiyode–Afolabi, Chairperson and Sulaimon Arigbagbu, South West Coordinator, TMG on Thursday.

    TheNewsGuru.com reports that the Lagos State Independent Electoral Commission, LASIEC had fixed Saturday, July 22 for the elections.

    The statement reads in part: “We are also concerned about the speed with which the Lagos State House of Assembly passed an amendment to the Lagos Electoral Law regulating the conduct of election to allow for the substitution of a party candidate before the elections.

    “The new bill allows a political party to withdraw and substitute candidate not later than three (3) days to LASIEC verification. It also states that any candidate can withdraw from contesting not later than three (3) days to the election by personally taking a letter of withdrawal to the State Secretary of the party involved who must also personally take same to LASIEC not later than 12noon, three (3) days to the election.

    “TMG is worried about the implications and dangers such amendment portends on the credibility of the Saturday, 22nd Lagos State Local Government Area (LGA) Council elections as scheduled by LASIEC. Conduct of credible, free, fair and legitimate elections cannot be achieved in this kind of arrangement with an amendment taken place just three days to the election.

    “Furthermore, we are also apprehensive of the implications of the multiplicity of court cases relating to party candidatures giving the fact that the election is just three days away. Such conflicting decisions could cast aspersion on the credibility and legitimacy of the elections.

    “We also express displeasure over the latest pronouncement by the authorities of the Lagos State Independent Electoral Commission (LAISEC) regarding its planned accreditation plan and observer’s deployment for the Saturday Local Government Election in Lagos State.

    “Our concern is further heightened by the refusal by LASIEC to deploy Card Reader for the conduct of this coming elections. This is an anti-climax to the widely acknowledged improvement to our Electoral System during the 2015 General Elections.

    “As a flagship organization on election and governance monitoring in Nigeria, TMG is seriously concerned about the plethora of allegations trailing the preparations for the election and the lopsided observer’s deployment plan adopted by LASIEC. TMG urges the commission to reconsider its decision on these issues.

    “We call on LASIEC to ensure highest standard in the conduct and administration of the coming Lagos LG/LCDAs elections, by carrying out their responsibilities in accordance with law, and without fear or favour. We hope that LASIEC is committed to an open, genuine, free and appropriate process that is devoid of any suspicion misgiving in the process leading to the election”.