Latest News

Buhari signs 16 new bills moving items from exclusive to concurrent list. Here’s what it means

President Muhammadu Buhari, on Friday, March 17, 2023, signed 16 Constitution Amendment Bills into Law, which allow states to build prisons, generate, transmit and distribute electricity, Tolu Ogunlesi, a Special Assistant on Digital Media to the president revealed in a thread of tweets.

In the past, electricity distribution was exclusive to the Federal Government while states could only supply power to areas not covered by the national grid. With the signing of the new Bill by Buhari in about two months to the end of his second term in office, states can now generate and distribute electricity.

“”Prisons” – now known as “Correctional Services” – has also now moved from the Exclusive Legislative List to the Concurrent List. Meaning that States now have the power to establish Correctional and Custodial facilities, and State Assemblies have the power to legislate on such,” the presidential aide wrote.

What is Exclusive List?

The Exclusive List contains items which only the Federal Government is empowered by the constitution to control and legislate on.

According to the 1999 Constitution, the list contains 68 items. Some of the items on the exclusive list include – aviation (airport), citizenship and naturalisation, external affairs, maritime shipping, the military (Navy, Army, Air Force), arms and ammunition among many others.

This is why the management of airports, security agencies, issuance of passports and conferment of citizenship are under the control of the federal government.

What is Concurrent List?

The Concurrent List contains items which the federal and state governments have authority to legislate on. Items on this list includes allocation of revenue; antiquities and monuments; archives; collection of taxes; electoral law; statistics; universities and post primary education.

This is why there are state and federal universities, federal and state-owned hospitals across the country.

Ogunlesi also revealed that with Railways moving from Exclusive to Concurrent, it means Rail no longer exclusive preserve of Federal Government/National Assembly (NASS), “States will now be able to MAKE LAWS regulating establishment and operation of rail services WITHIN their territory. Inter-State Rail will remain FGN responsibility.”

He added “one of the new Amendments to the Constitution mandates the President and Governors to submit the names of persons nominated as Ministers or Commissioners within sixty days of taking the oath of office for confirmation by the Senate or State House of Assembly…”

Here’s the full text of his Twitter thread:

By virtue of the Presidential Assent, Nigerian States can NOW generate, transmit and distribute electricity in areas covered by the national grid. Wasn’t allowed pre-amendment.

This is genuine, realistic Restructuring — through the Constitution.

A couple of the Constitution Amendment Bills relate to the change of name of some Local Governments. because LGAs are listed in the Constitution (I personally don’t think they should be!), you can’t alter their names or create new ones without a Constitution Amendment process.

In Ogun State, Egbado North and Egbado South Local Government Areas are now to be known and addressed as Yewa North and Yewa South respectively.

In Ebonyi, Afikpo North and Afikpo South LGAs are now to be known as Afikpo and Edda LGAs respectively.

CA Bills originally passed by NASS included one for FINANCIAL AUTONOMY for LOCAL GOVERNMENTS, replacing the controversial “State Joint Local Government Account” with a new “Local Govt Council Allocation Account”—to be credited directly.
Not enough State Assemblies concurred, sadly.

CA Bills originally passed by NASS included one for FINANCIAL AUTONOMY for LOCAL GOVERNMENTS, replacing the controversial “State Joint Local Government Account” w/ a new “Local Govt Council Allocation Account”—to be credited directly.

Not enough State Assemblies concurred, sadly.

So apparently some of the LGAs whose names have just been changed by the constitutional amendments have been using the new names for a while, hehe. Well, it’s the old names that have been in the Constitution the entire time. The FORMAL change starts now!