Malcolm Rivera
The process of amending Nigeria's constitution is stringent and requires mass participation from the people. It must be transparent, credible, and rigorous to ensure it serves the interests of the people. The constitution can be amended by a proposed resolution supported by a two-thirds majority vote in both the Senate and the House of Representatives. It then requires approval by no less than two-thirds of the 36 houses of assembly in the federation. In some cases, amendments require a higher threshold, such as a four-fifths majority in each house. If the President does not assent to the alterations, the National Assembly can overrule the veto, and the bill becomes law without the President's assent.
| Characteristics | Values |
|---|---|
| Constitution | 1999 Constitution with Amendments through 2011 |
| Process for Amendment | Section 9(2) of the 1999 Constitution outlines the process for amendment |
| Requirements | Passed by a vote of no less than four-fifths majority of all members of each House of the National Assembly (Senate and House of Representatives) |
| Number of States | 36 States in Nigeria |
| State Approval | Proposed amendments must be passed by resolutions of the House of Assembly in at least 24 States |
| Presidential Assent | Presented to the President for assent; if withheld, the National Assembly can overrule the veto |
| Bill Origination | A bill may originate in either the Senate or the House of Representatives |
| Law | A bill becomes law when passed by each House by a two-thirds majority |
| Constitutional Supremacy | The Constitution is supreme and binds all authorities and persons in the Federal Republic of Nigeria |
| Type of Government | Nigeria is an indivisible and indissoluble sovereign state, a Federation consisting of 36 States and a Federal Capital Territory |
| Recent Amendments | 16 constitutional amendment bills signed into law by President Muhammadu Buhari in March 2023; one amendment bill signed by President Bola Ahmed Tinubu in 2023 |
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What You'll Learn
- Bills must pass through first, second and third readings, public hearing, and passage
- Amendments require a two-thirds majority of both houses
- Amendments must be approved by at least two-thirds of states
- Presidential assent is required for amendments to become law
- The National Assembly can overrule a presidential veto
Bills must pass through first, second and third readings, public hearing, and passage
The process of amending Nigeria's constitution is stringent and rigid. A bill must pass through several stages before being enacted as a law. Firstly, it must pass through a first reading. This is followed by a second reading and referral, where the bill is sent to the other House (either the Senate or the House of Representatives, depending on where it originated). The next step is a public hearing, where the bill is scrutinized and the public can provide input. After this, the bill undergoes a third reading and passage. For a bill to become a law, it must be passed by a two-thirds majority of both houses, as outlined in Section 9 of the constitution.
The process of amending Nigeria's constitution is designed to be rigorous and inclusive, ensuring that any changes reflect the interests of the people and respond to socio-economic, cultural, and political changes. However, there have been criticisms of a lack of public awareness and transparency in the process, with some calling for a new constitution altogether.
Once a bill has passed both houses, it is then presented to the President for assent. The President has the power to veto a bill, but if both chambers of the National Assembly pass the bill again with a two-thirds majority, it will become law without the President's assent. This procedure ensures that even if the President does not agree with the proposed amendment, the will of the National Assembly can still prevail.
After receiving the requisite majority support from both houses, the proposed amendments must be approved by a resolution of the House of Assembly of at least two-thirds of all the states in Nigeria. With 36 states in the country, the amendments must be passed by at least 24 state assemblies. This step ensures that any changes to the constitution are widely accepted across the country and not just at the federal level.
The process of amending Nigeria's constitution is a complex and lengthy one, requiring support from a supermajority in both houses of the National Assembly and a significant number of state assemblies. This procedure helps to ensure that any changes to the country's fundamental law are carefully considered and broadly supported by the people and their representatives.
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Amendments require a two-thirds majority of both houses
The process of amending Nigeria's constitution is stringent and rigid. A bill must pass through first reading, second reading and referral, public hearing, and third reading and passage. Amendments to the constitution require a two-thirds majority of both houses—the Senate and the House of Representatives. This is outlined in Section 9 of the constitution.
The two-thirds majority requirement ensures that amendments are not passed without significant support from both chambers of the National Assembly. This is an important safeguard to prevent hasty or partisan changes to the fundamental laws of the country. It encourages dialogue, compromise, and consensus-building between the two houses.
After a bill has been passed by the house in which it originated, it is sent to the other house. If it is passed by that house, and agreement is reached on any amendments, it is then presented to the President for assent. The President has the power to veto the bill, but if both houses then pass the bill again with a two-thirds majority, it becomes law without the President's assent, as per the veto override procedure.
In addition to the two-thirds majority in both houses, the amendments must also be approved by a two-thirds majority of the 36 houses of assembly in the federation. This further reinforces the need for broad support and consensus when making changes to the constitution.
The amendment process in Nigeria has been criticised for a lack of public awareness, insensitivity to gender issues, and a lack of transparency. It is important that the process is inclusive, credible, and rigorous to ensure that amendments are made in the interest of the people, rather than serving the personal interests of lawmakers.
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Amendments must be approved by at least two-thirds of states
The process of amending Nigeria's constitution is stringent and rigorous. While the constitution is an organic document that must be responsive to socio-economic, cultural, and political changes, the amendment process must include mass participation and transparency to ensure it serves the interests of the people.
Section 9 of the 1999 Constitution outlines the process for altering the constitution. Firstly, a bill must be passed by a two-thirds majority vote in both the Senate and the House of Representatives, which comprise the National Assembly. This step ensures that any proposed amendment has the support of a supermajority in each chamber of Nigeria's bicameral legislature.
However, the process doesn't end there. For an amendment to be valid, it must also be approved by a resolution of the House of Assembly of not less than two-thirds of all the states in Nigeria. Nigeria currently has 36 states, which means that the proposed amendments must be passed by the assemblies of at least 24 states. This step ensures that any changes to the constitution are widely accepted across the country and not just at the federal level.
After the requisite number of states have approved the alterations, the proposed amendments are presented to the President for their assent. If the President withholds assent, the National Assembly can overrule the veto by recalling the bill and re-passing it with a two-thirds majority in each house, as outlined in the veto override procedure.
This two-step approval process, requiring support from both the National Assembly and a significant proportion of state assemblies, ensures that any changes to Nigeria's constitution reflect the diverse interests and perspectives of the country's federal structure. It also helps to safeguard against hasty or unilateral changes to the foundational document that governs the country.
In recent years, there have been calls for a new constitution, with some arguing that piecemeal amendments are insufficient to address fundamental problems. Nevertheless, the amendment process remains a critical tool for ensuring the constitution remains responsive to the evolving needs of Nigeria's people.
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Presidential assent is required for amendments to become law
The process of amending Nigeria's constitution is stringent and requires a series of approvals before a bill can be presented to the President for assent. This multi-step process is designed to ensure that any changes to the nation's fundamental laws are made with careful consideration and broad support.
Once a bill has passed through the necessary readings and referrals, public hearings, and votes in both the Senate and the House of Representatives, it is then presented to the President for their assent. This step is crucial, as it represents the final stage in the amendment process and the point at which the proposed changes become law.
According to Section 9 of the Nigerian Constitution, a bill must be approved by a two-thirds majority in both the Senate and the House of Representatives before it can be presented to the President. This super-majority requirement ensures that any constitutional amendments have strong support from the nation's lawmakers.
After receiving approval from both houses of the National Assembly, the proposed amendments are then sent to the President for their consideration. The President has the power to either assent to the bill, thereby enacting it into law, or withhold their assent. If the President chooses to withhold assent, the bill is returned to the National Assembly, which can then override the presidential veto by passing the bill again with a two-thirds majority in each house. In this case, the bill becomes law without the President's assent, demonstrating the legislative branch's power to enact changes even without the executive's approval.
The requirement for presidential assent adds an additional layer of scrutiny to the amendment process. It ensures that the executive branch has an opportunity to review and approve any changes to the nation's fundamental laws. This helps to safeguard against hasty or ill-considered amendments and encourages dialogue and consensus-building between the legislative and executive branches.
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The National Assembly can overrule a presidential veto
The National Assembly of the Federal Republic of Nigeria is a bicameral legislature consisting of the Senate and the House of Representatives. The legislative power of the Federal Republic of Nigeria is vested in the National Assembly, which has the power to make laws.
Before a bill becomes law, it must be agreed to by both the House and the Senate and receive the president's assent. The president must either assent or withhold their assent within 30 days of the bill being presented to them.
However, if the president withholds their assent, the National Assembly can overrule the presidential veto. This is done by passing the bill again in each House by a two-thirds majority. With this majority, the bill becomes law without requiring the president's assent.
The National Assembly has made efforts to assert its authority and independence against the executive, but it is still viewed negatively by the media and many Nigerian people. The Assembly has the power to impeach judges and other high officials, but only at the request of the president.
In conclusion, while the president has the power to veto bills passed by the National Assembly, the Assembly can overrule this veto by passing the bill with a two-thirds majority in each chamber. This demonstrates the system of checks and balances in place to prevent abuses and arbitrariness by any one branch of government.
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Frequently asked questions
The Nigerian Constitution of 1999 can be amended by a proposed resolution supported by a two-thirds majority vote in both the Senate and the House of Representatives. After this, it must be approved by at least two-thirds of the 36 Houses of Assembly in the federation (i.e. 24 states). The bill is then presented to the President for assent.
If the President does not give assent, the bill is returned to the National Assembly, which can overrule the President's veto. The two chambers can then recall and re-pass the bill.
In 2023, President Muhammadu Buhari assented to 16 constitutional amendment bills, 15 of which altered provisions of the 1999 Constitution. These amendments ensured the financial independence of State Houses of Assembly and State Judiciary and allowed states to generate, transmit, and distribute electricity in areas covered by the national grid. In the same year, President Bola Ahmed Tinubu signed an amendment to the 1999 Constitution, changing the retirement age and pension rights of judicial officers.
Some critics argue that the Nigerian Constitution requires a major and fundamental amendment or even a new constitution, rather than piecemeal adjustments. There are criticisms that the amendment process lacks public awareness, transparency, and genuine intentions to amend the constitution. It has also been criticised for its lack of engagement with academia, media, women, nongovernmental organisations, and citizens.
