In this article, Ekuson Nw’Ogbunka, Our Managing Editor takes a look at the ongoing constitutional alteration process which has entered a decisive stage as the National Assembly (NASS) transmits the Constitution of the Federal Republic of Nigeria, 1999 (Sixth Alteration) Bill, 2026, to the 36 State Houses of Assembly (SHASS) for consideration and approval.
The transmission, effected by the Clerk to the NASS on September 16, 2026, pursuant to the directive of the NASS leadership, marks the commencement of the state-legislature phase of the constitutional alteration procedure.
The development is significant because the NASS cannot complete the constitutional amendment process on its own. Section 9 of the 1999 Constitution, as amended, requires that a Bill seeking to alter constitutional provisions must secure the approval, by resolution, of not less than two-thirds of the Houses of Assembly of the 36 states.
In practical terms, the State Houses of Assembly now assume a constitutionally important role in determining whether the proposed alterations can advance through the required legislative process.
The Clerk has therefore requested the respective State Houses of Assembly to consider the Bill in accordance with their legislative procedures and communicate their resolutions to the NASS after concluding their consideration.
A notable aspect of the transmission is the clarification concerning the expected 30-day period for the state legislatures to respond. While the National Assembly expects the SHASS to consider the Bill and communicate their resolutions within 30 days of receipt, the Clerk stressed that the Constitution does not prescribe a specific period for such communication.
Consequently, the 30-day period is an administrative timeframe intended to promote an orderly, coordinated and timely process, rather than a constitutional deadline.
This distinction could become important as the various SHASS undertake their consideration of the Bill. Each state legislature retains its constitutional and legislative responsibility to determine how the matter is handled within its own procedures.
The NASS has also emphasised that the transmission does not seek to dictate the outcome of the state-level consideration. Rather, it said the step is intended to facilitate the orderly discharge of the constitutional responsibilities assigned to the SHASS
The development consequently places the next major responsibility in the hands of the state legislatures, while underscoring the collaborative nature of Nigeria’s constitutional alteration procedure.
The NASS has reaffirmed its commitment to conducting the process in compliance with the Constitution and in accordance with due process, institutional cooperation and respect for the legislative responsibilities of the different tiers of the legislature.
Once the resolutions of the SHASS are received, the NASS is expected to take the necessary next steps in accordance with the provisions of the Constitution.
The statement was signed by Kamoru Ogunlana, Esq., Clerk to NASS.
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