Constitution amendment: States get 30-day deadline

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The National Assembly has transmitted the 2026 Constitution alteration bill to the 36 state Houses of Assembly for consideration, asking them to communicate their resolutions within 30 days.

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It also clarified that the timeframe is administrative and not a constitutional deadline.

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The transmission, effected on Wednesday by the Clerk to the National Assembly, Kamoru Ogunlana, followed a directive from the leadership of the National Assembly.

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The development marks the commencement of the next critical phase of the constitutional amendment process, with the proposed alterations now before the state legislatures whose approval is constitutionally required before the exercise can proceed.

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In a statement issued on Wednesday, Ogunlana said the transmission was made pursuant to Section 9 of the 1999 Constitution, as amended.

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He said, “The National Assembly has commenced the next stage of the constitutional alteration process with the transmission of the Constitution of the Federal Republic of Nigeria, 1999 (Sixth Alteration) Bill, 2026 to the Houses of Assembly of the 36 States of the Federation for their consideration and approval.”

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Section 9 requires a constitutional alteration bill to secure the approval of not less than two-thirds of the 36 State Houses of Assembly.

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Ogunlana stated, “Section 9 of the Constitution provides, among other requirements, that either House of the National Assembly shall not pass a Bill for the purpose of altering the provisions of the Constitution unless it is approved by resolution of not less than two-thirds of the Houses of Assembly of the 36 States of the Federation.”

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Build-up to transmission

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The transmission followed the passage of the proposed alterations by both chambers of the National Assembly.

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Under the constitutional procedure, an alteration bill must be considered and passed by at least a two-thirds majority of all members of both the Senate and House of Representatives. Where a bill originates in one chamber, it must be transmitted to the other for concurrence, with both chambers required to agree on the same text before it can be sent to the state legislatures.

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At least 24 of the 36 state Houses of Assembly must subsequently approve a constitutional alteration before the process can advance.

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The state legislatures are now expected to consider the proposals in accordance with their respective legislative procedures and communicate their resolutions to the National Assembly.

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Although the state legislatures have been given an expected 30-day period to respond, the Clerk stressed that the period was not prescribed by the Constitution.

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He said, “The Clerk to the National Assembly has requested the state Houses of Assembly to give the Bill the requisite consideration in accordance with their respective legislative procedures and to communicate their resolutions to the National Assembly upon conclusion of their consideration.

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“It is noted that the Constitution does not prescribe a specific period within which the state Houses of Assembly are required to communicate their resolutions on a constitutional alteration Bill.

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“Nevertheless, in the interest of an orderly, coordinated and timely conclusion of the constitutional alteration process, the state Houses of Assembly are expected to consider the Bill and communicate their respective resolutions to the National Assembly within 30 days of receipt.

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“For clarity, the 30-day period is an expected administrative timeframe and does not constitute a constitutional deadline,” the statement added.

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The National Assembly also stressed that the transmission was not intended to influence or dictate how the state legislatures should consider the proposals.

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“The National Assembly recognises the constitutional responsibility vested in the state Houses of Assembly and respects their independence in the consideration of the Bill. The transmission is intended to facilitate the orderly discharge of their constitutional role in the process.”

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Ogunlana said the National Assembly remained committed to complying with the constitutional requirements governing the alteration exercise.

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He said, “The National Assembly remains committed to ensuring that the constitutional alteration process is conducted in strict compliance with the Constitution and in accordance with the principles of due process, institutional cooperation and respect for the legislative responsibilities of all tiers of the legislature.”

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He added, “Upon receipt of the resolutions of the State Houses of Assembly, the National Assembly will proceed with the necessary steps in accordance with the provisions of the Constitution.”

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2027 deadline concerns

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The transmission comes about two weeks after the Senate assured Nigerians that the constitutional amendment process would be completed before the expiration of the 10th National Assembly in June 2027.

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The assurance followed concerns that the review could be overtaken by preparations for the 2027 general elections and suffer the fate of previous constitutional reform exercises that failed to secure the required legislative support.

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Critics have also questioned the resources committed to previous amendment exercises and raised concerns over the possibility of another unsuccessful attempt at constitutional reform.

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However, the Chairman of the Senate Committee on Media and Publicity, Yemi Adaramodu, told The PUNCH that the Senate leadership was determined to conclude the process within the lifespan of the current Assembly.

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Adaramodu said, “The proposed constitution amendments, already started by the 10th National Assembly, shall be passed in the life of this current Assembly.

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“However, January is not the terminal date of the 10th National Assembly, but June 2027.

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“The Electoral Act, recently passed, has taken care of the January 2027 general elections.”

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The Senate President, Godswill Akpabio, had also assured that preparations for the 2027 elections would not prevent the National Assembly from performing its legislative responsibilities.

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Akpabio said lawmakers had the capacity to balance their political activities with their constitutional duties.

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The constitutional review is expected to cover proposals relating to governance, political restructuring and other aspects of Nigeria’s constitutional framework.

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Unlike ordinary legislation, constitutional alteration requires compliance with the special procedure prescribed by Section 9, including approval by both chambers of the National Assembly and endorsement by at least two-thirds of the state Houses of Assembly.

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Previous constitutional amendment exercises have generated extensive public debate, with several proposals failing to secure the required legislative support despite the time and resources committed to them.

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The transmission has now placed the 36 state Houses of Assembly at the centre of the next phase of the process, with their resolutions expected to determine whether the proposed amendments can advance before the 10th National Assembly winds down in June 2027.

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