ADC rejects Reps’ passage of state police bill

• The African Democratic Congress (ADC) has urged the House of Representatives to recommit a proposed constitutional amendment for state police.
• The ADC alleges the bill's passage violated constitutional requirements by counting WhatsApp votes from absent lawmakers and members not present during the final vote.
• The opposition party contends that clause-by-clause scrutiny was curtailed and constitutional objections were not adequately addressed during consideration.
• The ADC warns that ignoring strict constitutional amendment procedures could undermine the legitimacy of the state police framework.
• Despite supporting state police, the ADC insists on a transparent, constitutional, and inclusive process with sufficient public scrutiny.

The opposition party asserts that the legislative body failed to adhere to the constitutional requirements for altering the nation's foundational document.

The African Democratic Congress (ADC) has urged the House of Representatives to reconsider the proposed constitutional amendment aimed at establishing state police, contending that its recent passage was marred by significant procedural irregularities. The opposition party asserts that the legislative body failed to adhere to the constitutional requirements for altering the nation's foundational document. Specifically, the ADC claims that the necessary constitutional threshold for the bill's approval was only achieved by including votes transmitted via WhatsApp from lawmakers who were not physically present in the chamber. Furthermore, the party alleges that members who had merely signed the attendance register, but were absent during the actual voting process, were also counted towards the bill's passage.

These assertions, detailed in a statement released on Tuesday by Bolaji Abdullahi, the ADC's National Publicity Secretary, highlight profound legal and constitutional concerns surrounding the bill's legitimacy. Reports from legislators who participated in the July 23 plenary session reportedly confirmed that votes sent through the social media platform were indeed accepted in determining if the House of Reps WhatsApp votes bill met the required constitutional mandate. The ADC also raised questions regarding the inclusion of lawmakers who had departed the chamber before the final question was put to a vote.

The ADC's critique extends beyond the voting mechanics, emphasizing that any constitutional amendment, regardless of its underlying intent, must strictly conform to established legal procedures. The party cautioned that disregarding due process could severely compromise the legitimacy of the proposed state police framework. According to the ADC, the Constitution is not subject to amendment for convenience but through rigorous processes that preclude improvisation. While expressing support for the concept of state police as a measure to address Nigeria's escalating security challenges, the party firmly maintains that the creation of such a pivotal institution demands a process that is transparent, constitutional, and inclusive.

The opposition party further criticized the handling of the legislation during its consideration, alleging that the clause-by-clause scrutiny of the bill was curtailed. Moreover, constitutional objections raised by certain lawmakers were reportedly not adequately addressed, further fueling concerns about the legislative due process Nigeria bill. Bolaji Abdullahi underscored that constitutional alteration requires openness, robust debate, and strict adherence to both the Constitution and the House's Standing Orders, suggesting these standards were not met for this particular amendment.

The current version of the state police bill, despite introducing substantial policy shifts capable of redefining Nigeria's security architecture, has not undergone sufficient public scrutiny, according to the ADC. While acknowledging that the concept of state police has been a feature of previous constitutional review exercises, the party argues that the latest proposal contains significant reforms that the Nigerian populace has not had the opportunity to thoroughly examine through a dedicated public engagement process. The ADC warned against legislative haste, asserting that Nigeria cannot afford another constitutional amendment that might necessitate subsequent reversals due to inadequate consultation.

The party stressed that the objective is not merely to establish another police institution but to effectively reduce the insecurity plaguing communities nationwide. Without rigorous public examination, the ADC fears the risk of enacting legislation that has only survived the "echo chamber of the ruling party" rather than enduring the critical questions of the Nigerian people. Therefore, the ADC challenge state police bill Nigeria calls for the House of Representatives to recommit the bill to a process that ensures transparency, constitutional compliance, and broad stakeholder participation before its final passage, highlighting the critical importance of the Nigerian state police bill passage legality.

Lawyers should advise clients on the significant legal uncertainty surrounding the Nigerian state police bill's passage, particularly regarding its alleged unconstitutional procedure. They must monitor any recommitment of the bill to a fresh legislative process or potential legal challenges that could impact its validity and eventual implementation.

Source: Original reporting via the African Democratic Congress.