THE two arms of the National Assembly made history on Tuesday as it proclaimed the 1999 Constitution amended just as the two chambers, in their separate sittings, adopted the report on

amended parts of the constitution as endorsed by majority of the 36 states of the federation.

By the adoption of that report, it has now been established that 29 sections of the 1999 Constitution have been amended, just as the Senate and the House of Representatives will approve their respective votes and proceedings in today's sessions to formally put the amended parts on record.

The chairman, House of Representatives Committee on Rules and Business, Honourable Ita Enang, who shed light on the adoption of Report on Constitution Amendment, said both the Clerk of the Senate and that of the House of Representatives had met to verify that the two Houses passed same version as a means of guiding against undue controversy.

According to him, since the reports on amended constitution had been laid and adopted, Nigeria could begin to site the amended sections as law beginning from today.

Enang said by the laying of report on amended sections of the constitution on the tables of the Senate and the House same day, the amended sections had become laws of the federation, stressing, however, that the amended sections required no presidential proclamation to become law, contrary to general belief.

He said the resolution of the state houses of assembly which endorsed the proposed amendment meant that the presidential proclamation was no longer required, more so as the state supported the amendment by more than two-thirds majority.

According to the amended parts of the constitution, INEC is now to enjoy a high measure of autonomy in its operations as section 81 of the constitution had been amended to make way for its expenses to be paid on first line charge from Consolidated Revenue fund, so also the Judiciary.

Again, section 160 which deals with Powers and Procedure has insulated INEC from the control or approval of the president in making its rules or process of regulating its procedures.

In similar vein, section 228 (a) and (b) further empowers INEC to ensure internal democracy within political parties as it would need to look unto the National Assembly to make necessary laws for it in that regard.

Sections 135 and 180 of the amended constitution had outlawed tenure elongation for the president and state governors through any form of re-run election, such that if the president won a re-run election after a tribunal judgment, he would not need to start his tenure afresh as being currently experienced with cases involving some state governors.

With the amendments effected in sections 66(1)(h) and 137 of the constitution, INEC no longer had power to disqualify National Assembly and presidential candidates from contesting an election on the basis of indictment by commission of inquiry, tribunal or administrative panel.

The power to disqualify candidates in any general election has now been transferred to the judiciary.
Section 75 of the amended constitution related with time frame for election, as it established 150 days and not later than 120 days for National Assembly to hold before expiration of tenure.

The amended constitution has, however, corrected the shortcomings that usually entailed long absence of the president or state governors from office, as experienced during the tenure of the late President Umaru Yar’Adua.

Sections 145 and 196 offered only 21 days of grace for the two to return to their seats, failing which their deputies would legally take over in acting capacity.

Meanwhile, three are indications that the 2011 elections may be staggered in order to provide adequate security at all polling booths.

Informed sources disclosed to the Nigerian Tribune that this arrangement had become necessary in order to ensure that Nigerians were not disenfranchised or molested at polling booths while trying to perform their civic responsibility.

The source revealed that this arrangement had been communicated to the authorities and the Independent National Electoral Commission (INEC) by the police authorities.