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WEEK 6
TOPIC: THE 1999 NIGERIAN CONSTITUTION
CONTENT:
(a) Procedure for Constitutional Review.
(b) Parts of the 1999 Constitution Needing Review.
(c) Process of Law Making in the States and National Assemblies.
Sub–Topic 1: PROCEDURE FOR CONSTITUTIONAL REVIEW
According to a section of 1999 Constitution, an act for the alteration of any provision of the constitution (exception is the matter of new states and boundary adjustment, etc.) begins as a proposal. The proposal has to be approved by the votes of not less than four-fifth majority of all the members of each house of the National Assembly and also approved by resolution of the Houses of Assembly of not less than two-thirds of all the states. When the bill is now considered in the National Assembly, it shall not be passed in either House of the National Assembly unless the proposal is supported by the votes of not less than two-thirds majority of all the states. Notwithstanding, any vacancy, all 360 members of the House of Representatives and 109 senators shall be present for all these deliberations.
The Nigerian Constitution is very clear on this issue and any statutory or case law that is inconsistent to the provision of the Constitution is to the extent of its inconsistencies void.
Section 9 of the Nigerian Constitution provided for the amendment of the constitution as follows:
(1) The National Assembly may, subject to the provisions of this section, alter any of the provisions of this Constitution;
(2) Any act of the National Assembly for the alteration of this constitution, not being an Act to which section 8 of this constitution applies, shall not be passed in either House of the National Assembly unless the proposal is supported by the votes of not less than two-thirds majority of all the members of that House and approved by resolution of the Houses of Assembly of not less than two-thirds of all the States;
(3) An Act of the National assembly for the purpose of altering the provisions of this section, section 8 and Chapter IV of this constitution shall not be passed by either House of the National Assembly unless the proposal is approved by the votes of not less than four fifths majority of all the members of each House and also approved by resolution of the Houses of Assembly of not less than two-thirds of all the states.
Although this power of the National Assembly is quite distinct from its ordinary law making power, the procedure is almost the same as in the case of ordinary bill. An amendment of the constitution involves the National Assembly, State House of Assembly and the President. Most commentators are interpreting section 9 in isolation and ignoring sections 58 (1), (5) of the Constitution, and section 2 of the Interpretation Acts that mandated presidential assent to all bills or act.
Section 58 of the constitution stated above provides as follows:
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