Meaning of section 9 (4) of 1999 constitution

What is the Meaning of section 9 subsection four of Nigeria 1999 constitution. In this article I will like to explain the Meaning of section 9 (4) of 1999 constitution

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Meaning of section 9 (4) of 1999 constitution

The section 9 subsection 4 of Nigeria 1999 state that

For the purposes of section 8 of this Constitution and of subsections (2) and (3) of this section, the number of members of each House of the National Assembly shall, notwithstanding any vacancy, be deemed to be the number of members specified in sections 48 and 49 of this Constitution

Counting Members for Constitutional Changes

When making certain changes to the Constitution (as mentioned in sections 8, 9(2), and 9(3)), the number of members in each House of the National Assembly is calculated in a specific way:

The total number of members is based on the number specified in sections 48 and 49 of the Constitution, which is:

First 360 members for the House of Representatives (section 48)

Second 109 members for the Senate (section 49)

This total number is used, even if there are vacant seats

When making important changes to the Constitution, the number of members in each House is fixed at the maximum allowed (360 for the House of Representatives and 109 for the Senate), regardless of whether some seats are empty This ensures that the required majority votes are calculated based on the full complement of members, not the current number of members present

This section is providing a clarification regarding the total number of members in each House of the National Assembly (the Senate and the House of Representatives) that should be used for the purposes of:

1 Section 8 of the Constitution

2 Subsections (2) and (3) of this current section

The key points of this section are:

1 The total number of members in each House shall be deemed to be the number of members specified in Sections 48 and 49 of the Constitution

2 This is the case even if there are any vacancies in the membership of the Houses

In other words, the total membership of each House, for the purposes of the supermajority voting requirements outlined earlier, shall be calculated based on the full, established number of members not the actual number of sitting members at any given time

The intent behind this seems to be:

To ensure that the high supermajority thresholds (eg 2/3 or 4/5) are calculated against the full, intended membership of each House

To prevent vacancies or unfilled seats from reducing the total number of members and making it easier to reach the supermajority requirements

To maintain a consistent standard for the supermajority voting, regardless of the actual, fluctuating membership in the Houses at any particular time

This part of the law is about how to count the number of lawmakers in the National Assembly when making important decisions

1 Specific situations: This rule applies to decisions about Section 8 of the Constitution (which deals with amending the Constitution) and to some other specific parts of the Constitution

2 Full house: Even if some lawmakers are absent (due to sickness, resignation, or other reasons), the total number of lawmakers as stated in Sections 48 and 49 of the Constitution is used for calculations

So, basically: When deciding on important matters like changing the Constitution, the law says to count all the seats in the National Assembly, even if some seats are empty This ensures that decisions are based on the full number of representatives the people elected