Contributor: Tobenna Mogbo
Introduction
The concept ‘constitution’ has remained in force for centuries because of its adaptability and flexibility to modify and meet the needs of a specific nation.[1] The ability was consciously put in place by framers of constitutions as the importance of a constitution, tailored to needs of a specific nation cannot be overemphasized. In this vein, the process of modifying a constitution is called ‘amendment’.
The essence and foundation of law determines the nature and structure of government, its essential tenets and the scope and mode of its sovereign authority[2]. In most cases, a constitution can either be written or unwritten, rigid or flexible. The difference between written and unwritten is that for a written constitution, its precedents are largely contained in a single codified document, while an unwritten constitution is the opposite. Furthermore, the difference between a rigid and a flexible constitution lies in its amendment process.
A constitutional amendment is an alteration or modification of a constitution of a polity, organization or other type of entity. According to the Black’s law dictionary an amendment is a formal revision or addition made to a statute, constitution, pleading order or other instruments.[3]This alteration could either be whole or parts of the constitution.
AN OVERVIEW OF THE 1999 CONSTITUTIONAL AMENDMENTS PROCESS IN NIGERIA
Nigeria operates a written and a rigid constitution due to its amendment process. Before any part or parts of the constitution of Nigeria can be altered or have an effect it goes through a special procedure. Section 9 of the constitution of Nigeria states that the national assembly can only pass an Act to amend the Constitution of Nigeria when its proposal is supported by two-thirds majority of all the members of each chamber, that is 72 senators and 240 members and approved by the resolution of at least two-thirds of the state Houses of assembly and crowned by the president’s assent[4].
Constitutionally, the process for amendments in Nigeria starts with a proposal for amendment that usually comes in the way of Bills. A bill can be initiated by a member of the National Assembly[5] or by members of the National Assembly, or by an interest group or by the President, or any other Government official and sponsored by members of either the Senate or the House of representatives.[6]
Once a bill is initiated, prior to its receipt by the president of the senate or speaker of the house as the case may be, the bill is presented to the house and goes through its first reading stage. In the first stage, the long title of the bill is read out, marking the beginning of its legislative process. Where a bill has been passed by the house in which it originates, it shall be sent to the other house and an agreement must be reached between the two houses.[7]
Next comes the second stage also the second reading of the bill. In this stage, the bill is read to the house for the second time but this time there is room for debate. The general principles of the bill are debated after which it is referred to a committee that has been specifically assigned to critically examine constitution amendment issues. The committee reviews the bill and may organize a public hearing and any other consultation on the bill. The committee is at liberty to develop new amendment proposals based on received submissions.
Before the bill progresses to the third stage, every member of the legislature votes either for or against the bill. A two-third majority of all the members of each house is needed for each clause to be deemed as passed except in certain cases as provided by the constitution.[8]
A bill for an act of the National Assembly passed and agreed upon is sent to the president for assent. He shall within 30 days signify his assents or withdrawal[9]. Where the president, within thirty days after the presentation of the bill to him, fails to signify his assent or withholds assent, then the bill shall again be presented to the National Assembly sitting at a joint meeting, and if passed by two-thirds majority of members of both houses at such joint meeting, the bill shall become law and the assent of the president shall not be required.[10]
NIGERIA’S EXPERIENCE WITH CONSTITUTIONAL AMENDMENTS
one of the major philosophies behind amendment is to improve a constitution to adjust to future needs and prepare for unforeseen circumstances.[11] The first amendment of the 1999 constitution dates as far back as 2010 and certain provisions were altered to provide for the financial independence of the National Assembly and Independent National Electoral Commission[12]. The beautiful impact of this alteration on the Nigerian society is that it provided an Electoral Commission independent from the executive, making it devoid of influences. This innovation afforded a possibility of a free and fair election which the nation so passionately esteem. Years later and the benefit remains.
Furthermore, the 1999 constitution was altered for the second time to provide for new timelines for the conduct of national elections by the independent National Electoral Commission among other things.[13] For example, section 11 of the first alteration was altered by substituting the words “one hundred and fifty days and not later than one hundred and twenty days before” with the words “one hundred and fifty days and not later than thirty days before”. Election tribunals were also established with time for determination of election petitions.
Nigeria went through another reform for the benefit of her people through the third alteration. The national industrial court was established by the constitution. It established the office of the president of the National Industrial Court of Nigeria, with the number of judges required and appointments.[14] The National Industrial Court of Nigeria is a specialized superior court of record of dispensing justice, dedicated to administering justice in an equitable impartial and timely manner.[15] It has so far been able to attain a fair and responsive system of justice while protecting the rights and liberties, upholding and interpreting the laws and resolving disputes peacefully, fairly and effectively.
It is noteworthy to also state that a fourth alteration of the constitution was also proposed and passed into law. One of the major contributions of this amendment was to provide the independent national electoral commission with sufficient time to conduct bye elections and provide grounds for de-registration of political parties. The implication of this is that the national electoral commission now has power to de-register a political party based on certain grounds provided by the constitution.
Also, another major contribution of the fourth alteration is the provision that reduces the age qualification for the office of the president and membership of the house of representatives and the state houses of assembly. The fourth amendment states that for a person to be qualified for election to the office of the president he must have attained the age of thirty-five years.
Finally, developments have been made by the fifth alteration of the constitution that expressly regulates the first session and inauguration of members-elect of the national and state houses of assembly. It alters section 54, section 96, 311.
The above discusses published alterations already done to the 1999 constitution of Nigeria but not exhaustively.
CONCLUSION
One would argue without a doubt that the window for amendment provided by the Nigerian constitution has been beneficial to the society. By the reason of amendment, the constitution of Nigeria has been able to adapt to changes, respond to needs, address issues and provide a set of rules specifically tailored to the people of Nigeria. Amendments allow laws and policies to be refined over time rather than replaced outright. So far, constitutional amendments and reviews has contributed to the country’s development.
However, tracking effective modification has proven to be a significant challenge. Nigeria’s constitution has so far undergone four successful revisions and confusion may result from these amendments’ varying numbers not always being easily accessible at the same time or location. Also, amendments sometimes fail or take more time than necessary due to the rigorous process contained in the constitution. There have been instances where proposed bills die in its first stage.
SNIPPET
One would argue without a doubt that the window for amendment provided by the Nigerian constitution has been beneficial to the society. By the reason of amendment, the constitution of Nigeria has been able to adapt to changes, respond to needs, address issues and provide a set of rules specifically tailored to the people of Nigeria. Amendments allow laws and policies to be refined over time rather than replaced outright. So far, constitutional amendments and reviews has contributed to the country’s development.
KEYWORDS
Constitutional amendments, Nigerian constitution, impact of constitutional amendment on the Nigerian society.
- OpenStax, ‘Constitutional Change’ American Government available at https://courses.lumenlearning.com/atd-monroecc-americangovernment/chapter/constitutional-change/#:~:text=The%20ability%20change%20the,for%20more%20than%20225%20years accessed November, 2024 ↑
- What is constitution? Definition of constitution, Available at https://thelawdictionary.org/constitution/ accessed November, 2024 ↑
- 9th edition p.94 ↑
- Section 9 (2) of the 1999 constitution of the federal republic of Nigeria (as amended) ↑
- Section 58(2) ↑
- Step-by-step guide to the process of amending the Nigerian Constitution, ↑
- Section 58(3) ↑
- Section 9(3) of the 1999 constitution of the federal republic of Nigeria (as amended) ↑
- Section 58(5) ↑
- Section 59(4) ↑
- The review of the constitutional amendment procedure and presidential assent in Nigeria, Ilias B. Lawal, faculty of law, university of Ibadan Nigeria ↑
- https://wipolex-res.wipo.int/edocs/laws/en/ng/ng040en.html#:~:text=16%20th%20day%20of%20july%2C%202010.&text=This%20Act%20alters%20the%20Constitution,and%20Independent%20National%20Electoral%20Commission. ↑
- https://nigerian-constitution.com/second-alteration-act-2010/ accessed November, 2024 ↑
- Constitution of the Federal Republic of Nigeria, Third Alteration available at https://www.global-regulation.com/law/nigeria/3376453/constitution-of-the-federal-republic-of-nigeria-%2528third-alteration%2529-act%252c-2010.html accessed November, 2024 ↑
- https://nicn.gov.ng/vision accessed November, 2024 ↑
