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Constitution amendment: NASS splits Minister of Justice from AGF

The Joint Senate and House of Representatives Committee on Constitution Review has approved the separation of the office of the Minister of Justice from that of the Attorney-General of the Federation as part of the recommended amendments to the 1999 Constitution.
The matter and about 54 other proposed amendments are expected to be tabled before the legislative arm by the end of this month.
If it is passed by the two chambers and endorsed by at least two-thirds of 36 State Houses of Assembly, Nigeria will join the league of countries with a similar practice.
The Nation learnt on good authority in Abuja yesterday that the joint committee similarly proposed that independent candidates be allowed to contest elective posts.
Such candidates will not need to go through the rigour of consensus or direct/ indirect primaries.
For more representation in elective offices, special seat concessions were recommended for allocation to women at all levels.
Besides, the lawmakers resolved to effect a change in the constitution to outlaw parading of suspects by the police, Department of State Services (DSS), Economic and Financial Crimes Commission (EFCC), National Drug Law Enforcement Agency (NDLEA) and other agencies before arraigning them in court.
They were of the view that Nigeria should not subscribe to such an “act of torture” of its citizens.
It was learnt that some of the amendments were considered by the Joint Senate and House of Representatives Committee on Constitution Review on Friday.
A source, who was privy to the deliberation at the session, said: “The National Assembly Constitution Review Committee opted to separate the Office of the Minister of Justice from the Attorney-General of the Federation because the present structure is being politicised. We need to get our justice system right from the top.
“While the Minister of Justice deals with policy and administrative issues, the AGF as the Chief Law Officer of the Federation will oversee dispensation of justice without fear or favour.
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“We don’t have anyone in mind, but combining the two offices in Nigeria is becoming complex. We need a drastic reform in this respect.”
On independent candidacy, the source said: “This will enable the system to produce leaders on merit. The prevalent direct, indirect and consensus clauses promote mediocrity and imposition of candidates by state governors.
“Outside of party structure, a good candidate should be able to emerge and win elections.
“But the National Assembly is adding a proviso that at least 20 per cent of voters in a constituency or district must endorse the nomination of an independent candidate.”
The source said the constitutional provision for special allocation of seats for some elective offices is to” promote gender balance and Affirmative Action. ”
On the fate of criminal suspects or those with cases, the proposed amendment “seeks to outlaw parade of suspects before their arraignment in court. But once a suspect is put on trial, he can be paraded.
“This alteration is in line with international best practices. The law says a suspect is innocent until proven guilty.
“Look at some of those arrested and paraded for economic and financial crimes; they have been set free. They have however lost their reputation.
“This amendment will affect the police, EFCC, ICPC, NDLEA, NSCDC and other agencies. It will also guarantee citizens’ access to fair hearing.”
All the proposals have to be considered and approved by the two chambers of the National Assembly and the 36 state Houses of Assembly before the constitution can be amended.
A member of the House of Representatives Committee on Constitution Review said: “All these are proposals by the Joint Committee. The two chambers would have to ratify before we pass the amendments to the State Houses of Assembly.
“Going by Section 9(2 and 3) of the 1999 Constitution, the Joint Committee, the National Assembly cannot alter the 1999 Constitution without the backing of the State Houses of Assembly.
“So, we need to build consensus with the executive at the federal and state levels and the Conference of Speakers of the State Houses of Assembly.
Section 9(2) of the 1999 Constitution says: “An 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 by 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 the resolution of the Houses of Assembly of not less than two-thirds of all the states.
Section 9(3) reads: “An Act of the National Assembly for the purposes of altering the provisions of this section, Section 8 or Chapter IV of this Constitution shall not be passed by 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 the resolution of the Houses of Assembly of not less than two-thirds of all the states.”
Deputy Senate President Ovie Omo-Agege announced on Friday that the report of the National Assembly Joint Committee on Review of the 1999 Constitution would be presented to both chambers for consideration by the end of this month.
Omo-Agege, who doubles as co-chairman of the panel, spoke during the joint retreat of the Senate and House of Representatives Committees on Constitution review.
He said the recommendations for 55 amendments stemmed from hearings and memos submitted by the public.
News
Why governors’ forum is silent on Rivers emergency, by DG

Why governors’ forum is silent on Rivers emergency, by DG
The Nigeria Governors’ Forum (NGF) yesterday attributed its neutral position on the recent declaration of a state of emergency in Rivers State to the need to steer clear of taking positions that may alienate members with varying political interests.
Taking positions on contentious partisan issues, the NGF said, would not augur well for it, especially in view of its past experience in fundamental division.
Notwithstanding, the declaration of the state of emergency by President Bola Tinubu yesterday generated more kudos and knocks from across the country.
Special Adviser to the President on Senate Matters, Senator Basheer Lado, said the action of the president was meant to ensure protection of lives and restoration of law and order in the state, while the President’s Special Adviser on Media and Public Communications, Sunday Dare, said his principal was required to “avert needless harm and destruction .”
National Publicity Secretary of the ruling All Progressives Congress (APC), Felix Morka, said Tinubu, by his action, cleared what had manifested as a constitutional crisis in Rivers state.
But former President Goodluck Jonathan saw it from a different perspective.
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He described “abuse of office and power by the three arms of government in the country“ as a dent on Nigeria’s image.
The NGF, in a statement by its Director General Abdulateef Shittu, said it is essentially “an umbrella body for sub-national governments to promote unified policy positions and collaborate with relevant stakeholders in pursuit of sustainable socio-economic growth and the well-being of the people.”
It added: “As a technical and policy hub comprising governors elected on different platforms, the body elects to steer clear of taking positions that may alienate members with varying political interests.
“In whatever language it is written, taking positions on contentious partisan issues would mean a poor sense of history — just a few years after the forum survived a fundamental division following political differences among its members.
“Regardless, the Forum is reputed for its bold positions on governance and general policy matters of profound consequences, such as wages, taxes, education and universal healthcare, among others.”
It asked for “the understanding of the public and the media, confident that appropriate platforms and crisis management mechanisms would take care of any such issues.”
Why governors’ forum is silent on Rivers emergency, by DG
News
Rivers: Tinubu acted to save state, economy, says Karimi

Rivers: Tinubu acted to save state, economy, says Karimi
Chairman of the Senate Services Sunday Karimi has hailed President Bola Tinubu for the decision to declare a state of emergency in Rivers State.
He told reporters on Friday in Abuja that the President acted in the best interest of the State and Nigeria, having taken his decision in compliance with the Constitution.
“No President or government worth a name, will fold its arms and watch a political situation deteriorate to what we saw unfolding in Rivers State.
“We saw that bombing of pipelines had begun, and the security situation was getting worse with the tension everywhere”, Karimi stated.
Karimi, who represents Kogi-West on the ticket of the All Progressives Congress (APC), recalled the “fatherly role” Tinubu had played in the crisis since 2023 in a bid to get the Minister of the Federal Capital Territory (FCT), Nyesom Wike, and suspended Governor Siminalayi Fubara to reach an understanding, to no avail.
He explained: “We were all here in 2023 when Mr President called that truce meeting at the Aso Rock Villa. There was the eight-point agenda for settlement reached between the factions.
“When Nigerians expected that progress should be made to achieve peace, things started deteriorating considerably to a point where the governor demolished the House of Assembly building and administered the state with only three legislators.”
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Karimi observed that with the recent judgment of the Supreme Court, which gave the upper hand to the 27 lawmakers loyal to the camp of the FCT Minister, matters merely got worse in the State as the lawmakers were set to impeach the Governor.
“What did you expect would be the implications? There would have been more destruction, killings and economic losses for the country.
“With the bombings that had already started, it was a matter of time before the whole state would be engulfed in flames. No responsible President would sit, arms folded, and allow that to happen “ he added.
The senator further argued that it took “painstaking efforts” by the administration to raise daily crude oil production to around 1,800 barrels, noting that Nigeria’s economy was already “witnessing a rebound under the renewed hope projects of the government.”
“Allowing the situation in Rivers to get worse before he would act, wouldn’t have helped the state or Nigeria as a country in any way.
“Mr. President intervened at the right time, and his actions are covered by law,” he said.
Karimi also spoke on the emergency declaration in Borno, Yobe, Adamawa and a couple of other states by former President Goodluck Jonathan without removing the Governors from office or suspending the state assemblies.
According to him, the case with those States was not generated by political crises but rather security concerns.
“So, I will advise those comparing the two scenarios to remember that one was purely about security threats resulting from the insurgency caused by Boko Haram, while that of Rivers is clearly political.
“It was the proper thing to do to suspend the political actors in the two factions to allow for tensions to diffuse. Nigerians should appreciate the President for the action he has taken so far,” he stated.
Sen. Karimi also noted that there was no cause for alarm as the National Assembly had indicated that the emergency rule could be reviewed as soon as there were signs that things could quickly normalise in Rivers State.
Rivers: Tinubu acted to save state, economy, says Karimi
News
Just in: Tinubu swears in Rivers Sole Administrator Ibas

Just in: Tinubu swears in Rivers Sole Administrator Ibok-ete Ibas
President Bola Tinubu has sworn in Vice Vice Admiral Ibok-ete Ibas (Retd.) as the Sole Administrator of Rivers State.
The administrator was sworn in on Wednesday after a short meeting with the President.
Tinubu announced the appointment of the retired naval chief at a nationwide broadcast on Tuesday, when he declared a state of emergency in Rivers State and suspended Governor Siminalayi Fubara, Deputy Governor, Ngozi Odu, and the state House of Assembly members.
The President said his decision was based on Section 305 of the 1999 Constitution, saying he could not continue to watch the political situation in Rivers escalate without taking concrete action.
The suspension of Fubara and other elected representatives has been rejected and condemned by many eminent Nigerians, legal luminaries, groups such as Atiku Abubakar, Peter Obi, Femi Falana, the Labour Party (LP), the Peoples Democratic Party (PDP) and the Nigerian Bar Association.
However, the emergency rule has been praised by the pro-Nyesom Wike Assembly led by Martins Amaewhule, accusing Fubara of contravening the Supreme Court ruling on the political situation in the state.
Ibas was the Chief of Naval Staff from 2015 to 2021.
He is from Cross River State where he had his early education.
The new sole administrator went to the Nigerian Defence Academy in 1979 from where he proceeded to have a successful career in the Navy, rising through the ranks to the very top.
He is a member of the Nigerian Institute of International Affairs (NIIA) and the Nigerian Institute of Management.
President Muhammadu Buhari who appointed him as Chief of Naval Staff conferred him with the National Honour of Commander of the Federal Republic (CFR) in 2022.
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