“Amend Section 9, and give Nigeria a New constitution’ — Adesanya-Davies

Re: What 16 constitution amendments signed by Buhari means?

“Where are our Law makers? Sponsor the Bill to effect an amendment of Section 9, and give Nigeria a New constitution” — Adesanya-Davies

An Explainer, Jare Tiamiyu on March 18, 2023 has focused on, “What 16 constitution amendments signed by Buhari mean…”
“President Muhammadu Buhari has signed into law the constitutional amendment allowing states in the country to licence, generate, transmit, and distribute electricity.

This was made known in a tweet by the presidential media spokesperson, Tolu Ogunlesi, on Friday.

He tweeted, “President #MBuhari has signed 16 Constitution Amendment Bills into Law. By this signing, State Houses of Assembly & Judiciaries now have constitutionally guaranteed financial independence, while Railways have moved from Exclusive Legislative List to the Concurrent List.

“Another landmark change: By virtue of the Presidential Assent, Nigerian States can NOW generate, transmit and distribute electricity in areas covered by the national grid. Wasn’t allowed pre-amendment. This is genuine, realistic restructuring — through the Constitution.”

This is genuine, realistic Restructuring — through the Constitution, we say congratulations to Buhari’, the house of assembly members and Nigerians.

However, what Nigeria really needs Prof. Funmilayo Adesanya-Davies says, “Is to Give the National Assembly power to give us a New Constitution — According to Adesanya-Davies, “Amend Section 9, and give Nigeria a New constitution’

Adesanya-Davies further quoted, “The National Assembly of the Federal Republic of Nigeria is a bicameral legislature established under section 4 of the Nigerian Constitution. It consists of a Senate with 109 members and a 360-member House of Representatives.

Explaining that, “The body, modelled after the federal Congress of the United States, is supposed to guarantee equal representation with 3 senators to each 36 states irrespective of size in the Senate plus 1 senator representing the Federal Capital Territory and single-member district, plurality voting in the House of Representatives. The National Assembly, like many other organs of the Nigerian federal government, is based in Abuja in the Federal Capital Territory.”

As such I will never stop asking for a new Constitution for Nigeria! Give Nigeria a New constitution, amend Section 9, and give Nigeria a New constitution.

Omo-Agege has however explained that, “The N’Assembly has No Power to Write New Constitution”— The Deputy Senate President, Senator Ovie Omo-Agege disclosed that all parts of the current constitution cannot be altered, stressing that the National Assembly has no power to write a new Constitution.

“Speaking on a live TV programme, Omo-Agege urged all those agitating for a new constitution to mount pressure on their representatives at the National Assembly.

Channels TV reported that, “The proponents of the repeal process argue that the 1999 Constitution upon which the nation currently operates is not a ‘people’s 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, Senator Omo-Agege in his interview stated that, “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.

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.

Adesanya-Davies asks?! “Where are our Lawmakers? Sponsor the Bill to effect an amendment of Section 9, and give Nigeria a New constitution.” Thank you!