NALTF LEGAL UNIT
Constitutional Review Report
Comprehensive Report of the Legal Unit of National Assembly Library Trust Fund on The Constitution Review Process.
Introduction
The Legal Unit was tasked with reviewing the ongoing constitutional reform process and providing a comprehensive report that highlights key submissions, legal implications, and recommendations. This report draws upon stakeholder presentations during the public hearings, comparative constitutional practices, and existing provisions of the 1999 Constitution (as amended).
Objectives
The major objectives of the review, as observed, include:
- To strengthen Nigeria’s democratic governance framework.
- To ensure inclusivity, equity, and representation in political participation.
- To address structural and systemic challenges in federalism, security, fiscal responsibility, and the rule of law.
- To expand and safeguard fundamental human rights for all citizens.
Methodology
The Legal Unit conducted its assessment by:
Memoranda Review
Reviewing memoranda submitted by stakeholders during public hearings.
Judicial Precedents
Considering judicial precedents and statutory frameworks relevant to governance in Nigeria.
Internal Discussions
Engaging internal discussions to evaluate the constitutional, political, and legal implications of the proposals.
Key Reform Positions Presented
The major objectives of the review, as observed, include:
Establishment of extra seats for women in legislative assemblies.
Affirmative action for 35% representation in elective and appointive positions.
Adoption of true federalism.
Transfer of select functions (e.g., policing, mining, taxation) to the Concurrent List.
Recognition of LGA as a constitutionally guaranteed tier of government.
Direct funding from the Federation Account.
Prohibition of caretaker committees.
Financial autonomy for the judiciary.
Strengthening appointment and disciplinary mechanisms for judges.
Electronic voting and electronic transmission of results.
Diaspora voting rights.
Provisions addressing defection, recall, and impeachment procedures.
Removal of “indigene-settler” dichotomy.
Residency rights for long-term residents of states.
Expansion of fundamental rights to include socio-economic rights: health, education, and housing.
Explicit recognition of digital rights and freedom of expression.
Enhanced protections for minorities and vulnerable groups.
Debate over retaining the presidential system versus adopting a parliamentary or hybrid model.
Restructuring to reduce the cost of governance.
Establishment of state police alongside federal police.
Legal framework for community policing.
Security sector reforms.
Focused on mandating the publication of the Auditor General's reports and the designation of a Special account for borrowed funds
Defines the powers of the Clerk.
Automatic admission of Members with a valid Certificate of Return
Expanding the FCSC to ensure representation from all states.
Budget presentation timelines.
Merging of ministries and agencies to reduce duplication.
Recognition and Establishment of the roles and functions of the traditional rulers
Greater citizen and state involvement in constitutional change.
Observations
There is a broad consensus on the need for inclusivity, especially regarding women and marginalized groups. Local government autonomy was supported, reflecting Nigeria’s complex political structure. Electoral reform is widely supported, particularly with respect to technology-driven solutions. Resource control and fiscal federalism remain divisive, with sharp regional differences in positions.
Legal Implications
The major objectives of the review, as observed, include:
- Gender Quotas: Requires a constitutional amendment to sections on the composition of legislative houses.
- State Police: Amendment to security provisions and clarification of command hierarchy.
- Fiscal Federalism: Significant changes to the revenue allocation framework (Sections 162–168).
- Expanded Rights: Would necessitate broad amendments to Chapter IV of the Constitution.
- Amendment Process: Any change to Section 9 (on constitutional amendment) requires careful balancing to avoid rigidity.
Recommendations
The Legal Unit recommends that:
- 1. The National Assembly prioritizes gender inclusion by adopting reserved seats for women.
- 2. Local government autonomy should be constitutionally guaranteed to improve service delivery.
- 3. Electoral reforms, including electronic voting and diaspora participation, should be implemented ahead of the next general elections.
Conclusion
The constitutional reform process reflects Nigeria’s collective aspiration for equity, inclusivity, and stronger governance structures. While divergent positions remain, a broad consensus on key areas, such as gender inclusion, local government autonomy, electoral credibility, and security reform, demonstrates the urgency of adopting a people-centred constitution. The Legal Unit emphasizes the need for pragmatic implementation strategies that balance national unity with regional aspirations.