MEMBERS of the House of Representatives on resumption from their eight-week annual recess are expected to commence debate on the general principles of a bill seeking to devolve more powers to subnational governments and grant financial autonomy to local government councils in the country.
The bill seeks to amend the 1999 Constitution with a view to moving water for domestic, commercial, industrial, irrigation, power and other uses to the Concurrent Legislative List, to allow state governments to put to sustainable use waters within their state, make provision for state governments to access mines in their states, provide for the financial autonomy of local government councils by prescribing an independent consolidated local government council account and for related matters.
As proposed by the sponsors, Honourable Ikenga Ugochinyere and 50 other lawmakers, the bill seeks to amend sections 7(1), 7(4), 7(6), 162, 162 (7) and part 1 of the second schedule as well as part 2 of the second schedule of the 1999 Constitution.
The lawmakers seek to alter section 7(1) by deleting the extant subsections (1) and replacing it with a new subsection (1), and inserting new paragraph (a) and (b) as follows: The system of local government by democratically elected local government councils is under this Constitution guaranteed; and accordingly, the Independent National Electoral Commission shall ensure that periodic elections for the establishment of the structure and composition of Local Governments are promptly conducted in accordance with a timeline to be determined by the Commission.
The proponents of the bill further seek to ensure that Local Government councils have exclusive control of all local government funds, taxes and revenues.
To this end, the lawmakers seek to alter Section 7(4) by deleting the phrase “The Government of a State shall ensure that’ as follows: 7(4) Every person who is entitled to vote or be voted for at an election to a House of Assembly shall have the right to vote or be voted for at an election to a Local Government Council.
“An Independent Consolidated Account for every Local Government Council of a State is hereby created. There shall be paid into the Independent Consolidated Account all revenues accruing to the Local Government Council from the Federation Account.”
“5(b) The amount standing to the credit of the Local Government Councils in the Federation Account shall be distributed directly from the Federation Account to the Local Government Councils Independent Consolidated Account on such terms and in such manner as may be prescribed by the National Assembly.”
Similarly alteration was also.proposed to Section 162 (7) of the 1999 Constitution by inserting a new subsections 8-11 immediately after the extant subsection (7) and before the extant subsection (8) and renumbering accordingly:
“(8) Where a State Government fails to pay such proportion of its total revenue as prescribed by subsection (7) of this section, the Federal Government shall not release or appropriate any statutory allocations or funds due to such defaulting State Government from the Federation Account.
“(9) The sanction under subsection (8) above shall be in force until the defaulting State Government remits all outstanding amounts to the affected Local Governments, within its jurisdiction.
“(10) The Federal Government shall recover any outstanding sums owed to Local Governments from statutory allocations due to the defaulting State.”
(11) This subsection applies notwithstanding anything to the contrary in this Constitution or any other law or enactment.”
Part 1 of the Second Schedule is altered by deleting Item 64 and renumbering appropriately”
Clause 7 of the bill, seeks to amend Part 2 of the Second Schedule of the Principal Act is altered by inserting a new item 31 on Mines and minerals.
The National Assembly may make laws for the Federation or any part thereof with respect to: Mines and minerals including oil fields, oil mining, geological surveys, and natural gas; exploration, establishment, operation and maintenance of oil refineries, management and development of mining resources across the Country.
Part 1 of the Second Schedule is altered by deleting Item 39 and renumbering appropriately.
Part 2 of the Second Schedule of the Principal Act is altered by inserting a new paragraph 31, to read as follows:
(31) A House of Assembly may make laws for the regulation of water for domestic, commercial, industrial, irrigation, power and other uses in the State.
Part 2 of the Second Schedule is altered by inserting a new paragraph 32, to read as follows:
“A House of Assembly may make laws with respect to the construction and maintenance of roads including trunk A federal roads.”
The Bill may be cited as the Constitution of the Federal Republic of Nigeria, 1999 (Alteration) Bill 2024.
In line with legislative practice, after passing the bill through Second Reading, it will be referred to the Special Ad-hoc Committee on Constitution Review for further legislative action.
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