Constitutional Amendment Process in Nigeria

Introduction

The constitutional amendment process in Nigeria is governed by section 9 of the Constitution of the Federal Republic of Nigeria 1999 (as amended). The amendment procedure establishes special requirements for altering the Constitution, reflecting its character as the supreme law and ensuring that amendments command broad consensus. The process distinguishes between ordinary amendments and amendments to entrenched provisions, which require additional approval by state Houses of Assembly.

Section 9: The Amendment Procedure

Section 9 of the Constitution establishes a two-tier amendment procedure:

Ordinary Amendments

For amendments to most constitutional provisions, the bill must be passed by a two-thirds majority of each chamber of the National Assembly (the Senate and the House of Representatives). The bill is then presented to the President for assent.

Entrenched Provisions

For amendments affecting certain specified provisions, an additional requirement applies: the bill must also be approved by a resolution of at least two-thirds of all state Houses of Assembly. The entrenched provisions include:

1. The creation of new states or boundary adjustments (section 8)
2. Fundamental rights (Chapter IV)
3. The amendment procedure itself (section 9)
4. The creation, composition, or powers of the Federal Capital Territory
5. The powers of the judiciary
6. Certain provisions relating to local government

The Alteration Acts

The Constitution has been amended through several Alteration Acts:

First Alteration (2010)

The First Alteration addressed electoral reforms, including the timing of elections, the independence of INEC, and the qualification requirements for candidates.

Second Alteration (2010)

The Second Alteration amended provisions relating to the National Judicial Council and the appointment of judicial officers.

Third Alteration (2010)

The Third Alteration elevated the National Industrial Court to constitutional status (section 254A-254F) and conferred exclusive jurisdiction in labour matters.

Fourth Alteration (2015)

The Fourth Alteration addressed disability rights, the timing of elections, and local government. It also extended the period for challenging the validity of an election.

The Exclusive and Concurrent Lists

The Exclusive Legislative List (68 items) specifies matters on which only the National Assembly may legislate, including defense, foreign affairs, banking, customs, and immigration. The Concurrent Legislative List specifies matters on which both the National Assembly and state Houses of Assembly may legislate, including education, health, and agriculture.

Amendments to the distribution of legislative powers have been proposed in various constitutional review exercises but have not achieved the necessary consensus for enactment.

Judicial Interpretation

The Supreme Court has addressed the amendment procedure in several cases. In A-G of the Federation v A-G of Abia State (2001), the court held that the amendment procedure must be strictly complied with and that failure to meet the requirements renders the amendment void. The court also held that the National Assembly cannot amend the Constitution by ordinary legislation.

Conclusion

The constitutional amendment process in Nigeria requires broad consensus, particularly for amendments affecting fundamental rights, the judiciary, and the structure of government. The procedure balances the need for constitutional stability with the capacity for necessary reform. The Alteration Acts have demonstrated the workability of the amendment process, though proposals for more fundamental constitutional restructuring continue to generate political debate.