The House of Representatives on Wednesday pledged allegiance to the principle of separation of powers as well as checks and balances as enshrined in the 1999 Constitution (as amended).
Speaker Yakubu Dogara gave the commitment at the opening of the 34 amendment bills proposed by Justice Walter Onnoghen, Chief Justice of the Nigeria, which seek to reflect the proposals initiated by the Judiciary in the alteration of the 1999 constitution.
He observed that the primary purpose is to alter the provisions of the Constitution to effect some Judicial reforms.
Dogara who was represented by Yussuff Lasun, Deputy Speaker also expressed optimism that the unabated agitations and calls for restructuring in Nigeria can only be actualized through alteration and amendment of the 1999 Constitution.
The Speaker who vowed that the parliament will not constitute a stumbling block to the wishes and aspirations of Nigerians for genuine changes in the Constitution, explained that the process of amending the Constitution by the 8th House of Representatives is in phases and piece meal and that it is a continuous exercise as envisaged under section 9 of the Constitution.
“Agitations for restructuring of the Governance framework for Nigeria can only be done through alterations of the Constitution. I wish to say, that the House of Representatives and indeed the National Assembly is ready to do its part in terms of amending the Constitution when consensus have been reached on any matter by stakeholders and Nigerian citizens,” he said.
Dogara expressed satisfaction with the various recommendations that are geared towards reducing the time for litigation in our courts and every effort should be made to adopt and reflect them in the final amendments.
The third bill seeks to alter Sections 243 and 254f of the Constitution to provide that except otherwise stated in the Constitution, Appeal shall lie from the decisions of the National Industrial Court to the Court of Appeal; and to remove the Repealed Criminal Procedure Code and the Repealed Criminal Procedure Act so that the current Act, the Administration of Criminal Justice Act 2015 shall apply to Criminal Proceedings in the Court (HB 863).
The Speaker argued that the amendments sought with respect to the National Industrial Court is very critical as the 3rd Alteration Act apparently created ambiguities in the law that has tasked the ingenuity of lawyers and the Courts over the years since it was introduced.
“The Ekiti division of the Court of Appeal in three separate decisions in 2013 held that there is no provision in the Constitution that expressly deprives the Court of Appeal of Jurisdiction to entertain appeals from the NIC. On the other hand, in 2014 in two separate cases, the Lagos division of the Court of Appeal held that until the National Assembly enacts a law under the proviso to S. 242(3) of the Constitution, the appellate jurisdiction of the Court of Appeal remains limited only to matters of fundamental rights.”
“It was only on 30th June 2017, in Skye Bank Plc V Victor Anaemen Iwu, SC. 885/2014, that the Supreme Court settled the issue. The Supreme Court held unanimously, that decisions of the NIC on any civil or criminal matter are appealable to the Court of Appeal.”
Dogara also emphasised the need to correct various lacunae observed in the previous Constitution amendments during the ongoing exercise.
The Speaker urged stakeholders to also ensure that the purpose of entrenching the NIC as a superior Court of record with exclusive jurisdiction on labour related matters is not defeated so that the country dont return to the days of uncertainty on labour matters.
On his part, Femi Gbajabiamila, Deputy Chairman, Special Ad-hoc Committee on Constitution review, who solicited the cooperation of all stakeholders, explained the the ongoing efforts to alter the constitution was aimed at addressing the weakness that the last alteration done by the National Assembly did not deal with.
“All over the world, there is hardly a perfect constitution hence the provision for amdnment clause in the Constitution. As it becomes necessary, the legislature working harmoniously wit other stakeholders take another look at the Constitution as the ground norm and make alterations to attune the constitution to current realities.
KEHINDE AKINTOLA, Abuja
