What is the Meaning of section 9 subsection two of Nigeria 1999 constitution. In this article I will like to explain the Meaning of section 9 (2) of 1999 constitution
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Meaning of section 9 (2) of 1999 constitution
This section is based on changing the Constitution
The section 9 subsection 2 of Nigeria 1999 state that
An Act of the National Assembly for the alteration of this Constitution, not being an Act to which section 8 of this Constitution applies, shall not be passed in either House of the National Assembly unless the proposal is supported by the votes of not less than two-thirds majority of all the members of that House and approved by resolution of the Houses of Assembly of not less than two-thirds of all the States
Changing the Constitution
A Two-Step Process
To change the Constitution, the National Assembly must follow a two-step process:
Step 1: National Assembly Approval
At least two-thirds of all members in either the House of Representatives or the Senate must vote in favor of the proposed change
Step 2: State-Level Approval
The proposed change must also be approved by at least two-thirds of all the State Houses of Assembly (ie, 24 out of 36 States)
To amend the Constitution, the National Assembly needs a strong majority vote (two-thirds) in one of its Houses, and also needs the approval of at least two-thirds of the States
1) Any Act of the National Assembly to alter the Constitution must follow this specific process, except for amendments covered under section 8 of the Constitution
2) The proposed constitutional amendment must be supported by a two-thirds majority vote in each House of the National Assembly (the Senate and the House of Representatives)
3) In addition, the amendment must be approved by a resolution of the Houses of Assembly (the state legislatures) in at least two-thirds of all the states
So in summary, to amend the Constitution, the federal legislature needs:
A two-thirds supermajority vote in both chambers of the National Assembly
Approval by the state legislatures in at least two-thirds of the states
The intent behind these stringent requirements seems to be:
To ensure that any changes to the fundamental law of the land have very broad support, beyond just a simple majority in the federal legislature
To give the state governments (through their legislatures) a significant role in approving constitutional amendments, reflecting the federal structure of the government
To create a high bar for constitutional alterations, in order to protect the stability and integrity of the Constitution
To prevent the federal legislature from unilaterally amending the Constitution without substantial buy-in from both the federal and state levels of government
Overall, this provision establishes a rigorous process for the National Assembly to alter the Constitution, requiring supermajority support at both the federal and state levels This is meant to ensure that constitutional changes have robust support and legitimacy
To change the Nigerian Constitution (except for certain parts mentioned in Section 8), it’s not enough for just the national lawmakers to agree There needs to be strong support from both the national and state levels
Here’s a breakdown:
National Assembly Approval: At least two-thirds of all the members in both the Senate and the House of Representatives must vote in favor of the change
State Approval: At least two-thirds of all the state Houses of Assembly must also pass a resolution supporting the Change only if both conditions are met can the Constitution be amended