Effects of the 5th Alteration of the Constitution on Various Sectors of the Society

Introduction

The President of the Federal Republic of Nigeria, Muhammadu Buhari on March 17, 2023 signed 16 constitutional amendments into law. This was out of the 35 Bills transmitted from the National Assembly to the President for assent in what has become known as the 5^th alteration of the 1999 Constitution.  This is indeed a welcome development amidst the widespread clamour for restructuring by Nigerians. 

Listed below are the 16 constitutional amendments that were assented to by the President.[1]

1. Fifth Alteration (No.1), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to change the names of Afikpo North and Afikpo South Local Government Areas; and for related matters.
2. Fifth Alteration (No.2), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to change the name of Kunchi Local Government Area; and for related matters.
3. Fifth Alteration (No.3), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to change the names of Egbado North and Egbado South Local Government Areas; and for related matters.
4. Fifth Alteration (No.4), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to correct the name of Atigbo Local Government Area; and for related matters.
5. Fifth Alteration (No.5), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to correct the name of Obia/Akpor Local Government Area; and for related matters.
6. Fifth Alteration (No.6), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to provide for the financial independence of State Houses of Assembly and State Judiciary; and for related matters.
7. Fifth Alteration (No.8), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to regulate the first session and inauguration of members-elect of the National and State Houses of Assembly; and for related matters.
8. Fifth Alteration (No.9), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to delete the reference to the provisions of the Criminal Code, Penal Code, Criminal Procedure Act, Criminal Procedure Code or Evidence Act; and for related matters.
9. Fifth Alteration (No.10), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to exclude the period of intervening events in the computation of time for determining pre-election petitions, election petitions and appeals; and for related matters.
10. Fifth Alteration (No.12), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to provide for the post-call qualification of the Secretary of the National Judicial Council; and for related matters.
11. Fifth Alteration (No.15), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to delete the item “prisons” in the Exclusive Legislative List and redesignate it as “Correctional Services” in the Concurrent Legislative List; and for related matters.
12. Fifth Alteration (No.16), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to move the item “railways” from the Exclusive Legislative List to the Concurrent Legislative List; and for related matters.
13. Fifth Alteration (No.17), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to allow States to generate, transmit and distribute electricity in areas covered by the national grid; and for related matters.
14. In Fifth Alteration (No.23), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to require the President and Governors to submit the names of persons nominated as Ministers or Commissioners within sixty days of taking the oath of office for confirmation by the Senate or State House of Assembly; and for related matters.
15. In Fifth Alteration (No.32), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to correct the error in the definition of the boundary of the Federal Capital Territory, Abuja; and for related matters.
16. In Fifth Alteration (No.34), the Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to require the Government to direct its policy towards ensuring the right to food and food security in Nigeria; and for related matters.

Effects of the 5^th alteration of the Constitution in various sectors of the society.

With reference to alteration numbers 1,2,3,4 and 5, the changes in the names of the local governments will have the impact of settling the desires of the people in the affected areas. They desire to be called by a certain name and these desires have been given Constitutional notice. This singular act is a reflection of the preamble of the Constitution which states “we the people of Nigeria… do hereby make, enact and give to ourselves the following Constitution”. 

The President also signed into law the financial independence of the State Houses of Assembly and the State Judiciary. There is no clear cut separation of powers in the states because there is no autonomy of State Houses of Assembly and State Judiciary. This alteration is important because State Assemblies can now stand up to State governors who have been enjoying absolute powers. The financial autonomy of these arms of government is a step to progress.

Also, fresh in our memories is the JUSUN (Judiciary Staff Union of Nigeria) strike of 2021 which paralysed the judiciary for over 2 months.[2] Chief among their needs was the demand for the financial autonomy of the judiciary. It is our belief that the implementation of this new provision will quell any agitation of this magnitude in the future.  

Moreso, financial autonomy of the judiciary will ensure that the dispensation of justice is free and fair as judges will no longer be subject to the whims and caprices of the state governors.

With this new development , Governors, State Assemblies and Judiciary now have the power to perform their checks and balances function for better governance. 

Furthermore, scrapping of reference to the provisions of the Criminal Code, Penal Code, Criminal Procedure Act, Criminal Procedure Code or Evidence Act as contained in the Fifth Alteration (No.9) Bill  gives states autonomy to regulate their criminal laws and procedures. The implication is that states can now fashion laws according to their own peculiarities. 

The President also assented to the Fifth Alteration (No.15) Bill to delete the item “prisons” in the Exclusive Legislative List and redesignate it as “Correctional Services”. This is laudable as states can now set up their own prisons to keep offenders generated by them. This will lead to a drastic decongestion of federal prisons. The Nigerian Correctional Services data shows that Nigeria’s correctional centres have the capacity to hold 50,083 inmates but they hold about 70,056 inmates. When the total prison population is expressed as a percentage of the capacity figure, the occupancy rate is 137 percent.[3]

In addition, it is no longer news that there has been over concentration of powers at the centre to the detriment of states, therefore the Fifth Alteration (No.16) Bill, that alters the Constitution of the Federal Republic of Nigeria, 1999 to move the item “railways” from the Exclusive Legislative List to the Concurrent Legislative List will ensure that the power grabbing by the Federal government will be minimal. States can now join in the establishment of railways and this will in turn open up investment opportunities, create employment and improve the transportation of goods and services. 

Among other things, the Fifth Alteration (No.17) Bill which seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to allow States to generate, transmit and distribute electricity in areas covered by the national grid was also approved by the President. 

Interestingly, this bill could pave the path for a more inclusive, sustainable and diverse power sector. Nigeria is a country with diverse underexplored renewable energy resources, and different regions of the country have varying strengths in terms of renewable energy sources.[4]

For example, the northern part of Nigeria, particularly the northeast and northwest regions, has abundant solar energy resources. This is because these regions receive high levels of solar radiation throughout the year, making solar power a viable and cost-effective source of energy. Not just that, it also has a good potential for wind energy, and biomass, particularly from agricultural waste.[5]

On the other hand, the South-south and South-east region is blessed with abundant oil and gas reserves, which can be used to generate thermal power. Its significant potential for biomass energy can also be derived, particularly in the form of palm oil waste. Being home to several large rivers, including the Niger and Ogun Rivers, the southwest region of Nigeria has significant potential for hydroelectric power generation.[6]

The governor of Lagos state, Babajide Sanwo-Olu, speaking on the 5th alteration as it relates to electricity stated that the constitutional amendment will create a Lagos Electricity Market, leading to increased access to electricity, investments and job opportunities. Besides, he said the new law would promote efficiency, leading to better service delivery, pointing out that Lagos State had been preparing for this by launching an electricity policy, publishing its off-grid strategy, presenting an integrated resource plan and drafting a law to establish the Lagos Electricity Market.[7]

The governor assured of his administration’s commitment to achieving 1GW of solar energy in Lagos by 2030, saying towards that end, it had engaged with the World Bank for suitable funding.[8]

Generally, the new bill on the issue of electricity is a step in the right direction. However, the journey to a reliable and stable power supply in the country is a marathon, not a sprint. In a few years, if maximised, Nigeria’s power generation must have improved commendably, leading to a robust economic growth.[9]

President Muhammadu Buhari further approved the Fifth Alteration (No.23) Bill seeking to alter the Constitution of the Federal Republic of Nigeria, 1999 to require the President and Governors to submit the names of persons nominated as Ministers or Commissioners within sixty days of taking the oath of office for confirmation by the Senate or State House of Assembly; and for related matters. This move coming from a President who himself spent almost half a year trying to appoint his own cabinet in 2015, [10] is greatly applauded. Experience they say is the best teacher,therefore having witnessed firsthand the aftermath of his delay in appointing his cabinet members, he intends to right his wrongs by this assent. This is commendable and it is our prayer that this amendment is implemented by his successors. 

When we recall that it is becoming very difficult for citizens and investors to decipher Nigeria’s extant economic and social policies, the need for the prompt appointment of cabinet members becomes clearer. Presently, the economy is undergoing high levels of unemployment, the stock exchange keeps losing money by the day, double-digit inflation, increasing poverty and inequality as well as various security breaches across the length and breadth of the country, there can be no greater need for a cabinet team to meet regularly, and as a matter of urgency to discuss strategies and plans to get Nigerian out of these deep pits.[11] 

Since the ministers are usually the chairpersons of various national councils in areas of the jurisdiction of their ministries – health, education, housing, justice, works, etc., the delay in appointing ministers will definitely affect the meetings and operationalisation of the councils. However, a  compliance with this provision would indeed signify a willingness to labour and take this country out of this quagmire of despondency. 

CONCLUSION

Without any atom of doubt, the above alterations are a step in the right direction and the eventual implementation of the provisions contained in the 5^th alteration will positively impact our dear country. We can henceforth state that President Muhammadu Buhari saw an opportunity to improve the lives of Nigerians and he grabbed it. This is a great parting gift from a President under whose administration Nigerians suffered untold hardship, escalated insecurity and abject poverty. We remain optimistic that the new provisions will promote local economic growth and development across all identified quarters.

REFERENCES

1. https://news.band/buhari-restructures-nigeria-with-a-stroke-of-the-pen/ Accessed March 26,2023.
2. https://www.premiumtimesng.com/news/more-news/503319-2021-covid-19-jusun-strike-add-to-justice-sectors-woes-other-highlights.html Accessed March 27, 2023.
3. https://www.dataphyte.com/latest-reports/security/nigerias-correctional-centres-are-overcrowded-by-37-but-7-out-of-10-inmates-are-awaiting-trial/ Accessed March 27,2023.
4. Adekunle Agbetiloye (2023). Devolution of Power: a new dawn for Nigeria’s Struggling Power Sector.

https://venturesafrica.com/devolution-of-power-a-new-dawn-for-nigerias-struggling-power-sector/ Accessed March 27,2023.

5.  See reference 4 above.
6.  See reference 4 above.
7. https://tribuneonlineng.com/autonomy-in-electricity-railways-will-empower-lagos-take-charge-of-her-growth-%E2%80%95-sanwo-olu/ Accessed March 28,2023.
8.  See reference 7 above.
9.  See reference 4 above.
10. https://www.theguardian.com/world/2015/nov/12/nigeria-b   uhari-cabinet-analysis Accessed March 28,2023.
11. https://punchng.com/president-buhari-and-appointment-of-   ministers/ Accessed March 27, 2023.