Joint local government accounts may soon be scrapped if proposals currently before the National Assembly are approved.
Federal lawmakers reviewing the 1999 Constitution are pushing for expanded autonomy for local governments, according to The Nation.
In addition to local government reforms, the proposed constitutional amendments cover issues such as state and community policing, independent candidacy, the creation of an Electoral Offences Commission, and the separation of the offices of the Attorney-General of the Federation and the Minister of Justice.
These proposals are contained in a report of the House of Representatives Committee on Constitution Review obtained by our correspondent. The document was produced after a recent joint retreat of the National Assembly on constitutional amendments and has been circulated to members of the House ahead of plenary consideration.
Lawmakers in the House are expected to debate each provision and vote accordingly, while a similar exercise will take place in the Senate.
One of the proposed innovations is the establishment of an Electoral Offences Commission, which will be tasked with investigating electoral violations and prosecuting offenders. The commission would be headed by a chairman and supported by 12 commissioners.
Although participants at the joint retreat in Lagos reportedly supported the creation of seven new states, including two in the South-East, the committee’s report maintains the current structure of 36 states grouped into six geopolitical zones: North-East, North-Central, North-West, South-East, South-West and South-South. It states that “Each Geo-Political Zone shall comprise the States prescribed in Part 1A of the First Schedule to this Constitution.”
The report also includes a bill seeking to strengthen local government autonomy by granting legislative powers to local government councils.
It states: “The legislative powers of a Local Government shall be vested in the Local Government Legislative Council. The Local Government Legislative Council shall make by-laws for the peace, order and good government of the Local Government or any part thereof with respect to the following matters (a) any matter contained in the Fourth Schedule to the Constitution; and (b) any other matter with respect to which it is empowered to make laws in accordance with the provisions of the Constitution.”
On executive authority at the local level, the proposal adds: “subject to the provisions of this Constitution, the Executive Powers of a Local Government- (a) shall be vested in the Chairman of that Local Government, and may, subject as aforesaid and to the provision of any by-law made by the Legislative Council of that Local Government, be exercised by him either directly or through the Vice Chairman of the Local Government or Supervisory Councilors of the Local Government Council or other officers in the public service of the Local Government.
“The system of local government by democratically elected local government councils is under this Constitution guaranteed; and accordingly the Government of every State shall, subject to section 8 of this Constitution, ensure their existence under a Law which provides for the establishment, structure, composition, finance and functions of such councils. No system of government, by whatever name called, shall be instituted to administer local government.
“The Government of every State shall, (a) subject to section 8 of this Constitution, ensure the existence of Local government Councils under a Law of the House of Assembly of that State; and (b) make laws for the structure and administration of Local Government subject to the provisions of this Constitution.”
On revenue allocation, the amendment proposes that local governments receive statutory allocations directly, without recourse to joint accounts. It provides that “subject to the provisions of this Constitution – (a) the National Assembly shall make provisions for statutory allocation of public revenue to Local Governments in the Federation; and (b) the House of Assembly of a State shall make provisions for statutory allocation from internally generated public revenue to Local Government within the State.”
Notably, no provision is made for local government joint accounts.
The report proposes amendments to Sections 162 (6) and (7) to read: “(6) Each local government council shall maintain a special account to be called ‘Local Government Council Allocation Account’ into which shall be directly paid allocations to the local government council from the Federation Account and from the Government of the State.
“Each State shall pay to local government councils in its area of jurisdiction such proportion of its total internally generated revenue on such terms and in such manner as may be prescribed by a Law of the House of Assembly of the State.
“The amount standing to the credit of local government councils of a State shall be distributed among the local government councils of that State on such terms and in such manner as may be prescribed by the House of Assembly of the State. Provided that the House of Assembly of the State shall make law for direct payment of at least five per cent from the amount standing to the credit of the local government Councils, to the head of the Traditional Council in each State.”
The amendment also seeks to fix a four-year tenure for elected local government chairmen and councillors.
Accordingly, Section 212 is proposed to be amended to state that “subject to the provisions of subsection (1) of this section, the Chairman shall vacate his office at the expiration of a period of four years commencing from the date when – (a) in the case of a person first elected as Chairman under this Constitution, he took the Oath of Allegiance and oath of office, the person last elected to that office took the Oath of Allegiance and oath of office or would, but for his death, have taken such oaths.”
It further provides that “in the determination of the four-year term, where a re-run election has taken place and the person earlier sworn in wins the re-run election, the time spent in office before the date the election was annulled shall be taken into account.”
Another proposal under consideration relates to citizenship. The committee recommends allowing foreign nationals to acquire Nigerian citizenship through investment in the country’s economic development, under conditions to be determined by an Act of the National Assembly.
The report explains that any law on citizenship by investment must specify eligible investment categories, including “(I) direct investment in designated priority sectors of the economy; (ii) investment in real estate above a prescribed minimum value; (iii) establishment of business enterprises that create employment or promote technology transfer; or (iv) contribution to a national development or sovereign investment fund established for that purpose.”
Gender inclusion measures are also proposed, including the creation of one additional senatorial seat in each of the six geopolitical zones and the Federal Capital Territory, as well as one exclusive House of Representatives seat per state and the FCT for women.
The report clarifies that the special seats will not prevent women from contesting other positions, stating that “the exclusive seats do not preclude women from contesting any other seat in accordance with the provisions of this Constitution.”
It adds: “The provisions shall take effect after the expiration of the current National Assembly and shall be reviewed once the special Senate seat has rotated through all the States in each geopolitical zone, such that every State has taken its turn to produce a woman Senator for one term”.
Provisions are also included to allow independent candidates to contest elections at all levels. Such candidates must “obtain the verified signatures of at least twenty per cent of registered voters from each of the local government areas in the respective Senatorial District or Federal Constituency,” subject to the condition that “(a) a registered voter shall not sign for more than one independent candidate in respect of the same office; and the signatures shall be verified by the Independent National Electoral Commission.”
The committee further proposes separating the roles of the Minister of Justice and the Attorney-General of the Federation.
According to the report, “There shall be a Minister of Justice who shall be a Minister and the Chief Law Officer of the Government of the Federation.” Candidates for the position must have at least 15 years’ post-call experience.
Under the proposal, the Attorney-General of the Federation would be appointed by the President on the recommendation of the National Judicial Council and subject to Senate confirmation, and would operate independently of executive control.
If adopted, the Attorney-General would have powers including the authority to “institute and undertake criminal proceedings against any person before any court of law in Nigeria, other than a court-martial,” take over existing prosecutions, discontinue proceedings before judgment, and oversee investigative and prosecutorial agencies, among other responsibilities.
The proposed constitution provides that the Attorney-General shall serve a single renewable five-year term, subject to a maximum of two terms or retirement at 65 years, whichever comes first. Removal from office would require a presidential action backed by a two-thirds Senate resolution.
The lawmakers are also proposing amendments to Section 187 to ensure that the disqualification or removal of a deputy governor does not invalidate the election of a governor, while allowing the nomination of a replacement deputy.
On security, the committee recommends the introduction of state and community policing alongside the federal police structure. It defines community policing as “a policing approach in which law enforcement personnel work in close partnership with residents, community institutions, and local stakeholders to prevent crime, maintain public safety, and resolve security concerns through collaboration, problem-solving, trust-building, and regular engagement with the community and includes proactive, nonviolent, preventive, and service-oriented policing activities carried out within the community to enhance security, uphold human rights, and strengthen public confidence in law enforcement”.
The report also proposes stricter timelines for budget presentation, stating that “the President shall cause to be prepared and laid before the joint session of the National Assembly, at least at least 60 days before the end of the preceding financial year, estimates of revenues and expenditure of the Federation for the succeeding financial year.”
In another reform, the committee seeks to remove the powers of the President and governors to proclaim the first sitting of legislative assemblies. It proposes that “subject to the provisions of this Constitution, the first session of the National Assembly shall hold and be deemed to be convened on the second Tuesday of June at a time not later than 12 noon.”
Finally, the amendment proposes granting the Supreme Court exclusive original jurisdiction over presidential election petitions. It states that the apex court shall determine questions relating to the validity of presidential and vice-presidential elections, tenure, or vacancies, and that it must deliver judgment within 60 days of filing, with a minimum of five justices constituting the panel.
