Constitution of the Federal Republic of Nigeria, 1999 (as Amended), sections 4 (1) & (2):
(1)  “The legislative powers of the Federal Republic of Nigeria shall be vested in a National Assembly for the Federation which shall encompass a Senate and a House of Representatives.

(2) The National Assembly shall have energy to make legal guidelines for the peace, order and good authorities of the Federation or any half thereof with respect to any matter included within the Exclusive Legislative List set out in Part 1 of the Second Schedule to this Constitution.”

The Constitution established the Legislature because the First Arm of presidency, as a result of regulation is required to outline all different features of human existence. It is thus anticipated that by way of the powers granted to it underneath the Constitution, the legislature will work to enact good legal guidelines for the nice of Nigeria. The most vital of those legal guidelines is after all the Constitution of the Federal Republic of Nigeria, 1999 as amended. There has been plenty of hue and cry over the character and impact of this doc on our nationhood. Thus, through the years, nearly each legislative arm has tried to amend the doc as a means of placating the individuals of Nigeria whose enter was not sought or obtained by the navy earlier than it was compelled down on them.

Section 9 of the stated Constitution offers with the detailed process for the modification of the Constitution. It is somewhat cumbersome and laborious. Let me dwell on the method of modification of the Constitution somewhat extra intimately as adopted from Policy and Legal Advocacy Centre, with minor modifications, in paragraphs 1 to 9 hereunder.

1. Proposed modification to the Constitution normally comes by the use of Bills, which originate both from the Executive or a Member of the National Assembly as a Private Member Bill. While Executive Bills are initiated by the President, the Chief Justice of Nigeria or different Government officers, Private Member’s Bills are initiated by curiosity teams and sponsored by members of both the Senate or the House of Representatives. The process for this presentation is to submit it to the President of the Senate or Speaker of the House of Representatives because the case could also be and despatched to their respective Rules and Business Committees for scheduling on the Order Papers for an introduction into the Houses.

2. The National Assembly could organise a public listening to and different consultations on the invoice. At this stage, Bills will not be solely critically examined by the Committee however by recognized stakeholders of the general public who are sometimes required to make written submissions of their views by way of a Memorandum to suggest additional amendments the place mandatory. The Committee is at liberty to develop new modification proposals primarily based on acquired submissions and outdoors of these dedicated to it.

3. The modification proposals are offered as one Constitution Amendment Bill or as a number of Bills relating completely different topic issues in a report back to plenary. The eighth Assembly as an illustration, adopted a piecemeal strategy the place constitutional modification proposals had been introduced as separate payments somewhat than a single Constitutional Amendment Bill. This was accomplished to keep away from the seventh Assembly’s expertise with presenting a number of proposals in a single modification invoice, which had been all jettisoned when the President refused to signal the invoice. If the report and invoice(s) as offered is adopted at this stage, it progresses to Third Reading. Before the Bill progresses to Third Reading, each member of the legislature votes both in assist or towards every particular merchandise within the Bill. Here, the proposals to the Constitution are sometimes offered within the type of a clause.

A two third majority of all of the members of every House is required for every clause to be deemed as handed besides the place the proposal borders on the creation of latest states, boundary changes, new native authorities areas, elementary rights and on the mode for altering the Constitution. In such instances, a four-fifth majority is required.

4. The Votes are then collated and counted, normally after digital voting. The purpose for that is two fold. Firstly, it’s to make sure that the full variety of Senators or House of Representatives Members in attendance will not be beneath the minimal quantity required to move a proposed clause. Secondly, that is to make sure that any proposal that’s handed meets the stipulated requirement of an approval by a two-third majority. Once two-thirds of the full variety of Senators or Members voting in every chamber is achieved in any of the proposals of the Committee, the method strikes to the following stage.

5. If an modification happens at both of the Houses on the invoice or every House passes the invoice with variations, a Conference Committee will likely be set as much as harmonise the variations. This is as a result of the 2 chambers are required to move each invoice, together with structure modification payments in similar format. If each Houses will not be in a position to harmonise positions, the Bill will likely be returned to the respective chambers of the National Assembly for contemporary voting. Two-thirds of the numerical energy of every House will nonetheless be required to move it at this stage. This would imply a minimal of seventy-two Senators and 200 and forty Members of the House adopting an similar invoice for transmission to the States. Where the invoice is nonetheless adopted or handed in similar format by the 2 chambers i.e. with out amendments, there could be no want for a convention or harmonization as described above as it’s deemed that they’ve handed a single uniform invoice. The invoice is then transmitted to the State Houses of Assembly by the Clerk of the National Assembly for his or her concurrence.
To be continued tomorrow
Adegboruwa is a senior advocate of Nigeria (SAN).