Does conferment of GCON on Speaker Tajudeen make House of Reps equal to Senate? Sanni Onogu and Tony Akowe examine the parity battle between the House of Representatives and Senate and whether the conferment of national honours on presiding officers of the National Assembly can alter the perceived seniority of the Red Chamber over the Green Chamber.
The recent conferment of the GCON on Tajudeen has sparked discussions about the equality between Nigeria’s House of Representatives and the Senate.
While both chambers are integral to the legislative process, their powers and functions are distinct, leading to an ongoing tussle for equality since Nigeria’s return to democracy in 1999. The National Honours Act No. 5 of 1964 guides the selection process, considering factors like service to the nation, obedience to laws, loyalty, patriotism, and selfless service.
The National Honours awards in Nigeria include, Order of the Federal Republic which comprises of Grand Commander of the Order of the Federal Republic (GCFR), Commander of the Order of the Federal Republic (CFR), Officer of the Order of the Federal Republic (OFR) and Member of the Order of the Federal Republic (MFR). The second category is the Order of the Niger which comprises: Grand Commander of the Order of the Niger (GCON), Commander of the Order of the Niger (CON), Officer of the Order of the Niger (OON) and Member of the Order of the Niger (MON). These awards recognise individuals’ contributions to national development, achievements, philanthropic services, bravery, and gallantry.
The National Honours Act provided for a maximum of two GCFR award yearly. The law states in Section 3 that “Subject to Article 2 of this warrant, the numbers of persons appointed to the different ranks of the Orders in any calendar year shall not exceed – (a) in the case of Grand Commander, two as respects the Order of the Federal Republic and 10 as respects the Order of the Niger; (b) in the case of Commander, 20 as respects the Order of the Federal Republic and thirty as respects the Order of the Niger; (c) in the case of Officer, 50 as respects the Order of the Federal Republic and100 as respects the Order of the Niger; and (d) in the case of Member, 100 as respects each order.
The tussle for equality:
Since 1999, there have been numerous instances highlighting the struggle for parity between the two chambers:
Leadership Conflicts: Disputes over leadership roles have often arisen. In the past, the Senate Committees on Constitution review had clashed with each chamber opting to hold separate sittings to consider memoranda.
Representation at the Senate is achieved on the basis of Equality of States while that of the House of Representatives is based on population. While three Senators each represent each of the 36 states and one for the FCT totaling 109, for the House of Representatives is composed of 360 members with like Lagos and Kano with huge population having 24 members each, while less populated states like Bayelsa and Nasarawa have five members each. Ebonyi and Ekiti States have six members each.
Similarities and differences between the Senate and House of Representatives
Legislative Powers: Both chambers of the National Assembly possess significant legislative powers, yet they also have unique roles that create a balance of authority. Both chambers can introduce bills.
Approval of Laws:
A bill must be passed by both chambers in identical terms to become law thus ensuring collaborative governance.
Committees:
Each chamber has the power to form committees for detailed scrutiny of legislation and governmental oversight.
Impeachment: While the Senate is empowered to initiate impeachment proceedings against the President, both chambers must jointly investigate acts of gross misconduct and submit their findings to the Chief Justice of Nigeria who will set up a committee to determine whether the president is guilty of the acts complained of.
Public Perception: The Senate is often viewed as more prestigious which can create resentment within the House.
Confirmation Powers: The Senate is responsible for confirming presidential appointments, including judges, ambassadors and selected political office holders, however the House also performs certain confirmatory functions concurrently with the Senate like the appointment of aides of the President and the confirmation of service chiefs.
Treaty Ratification: Both the Senate and House of Representatives jointly ratify treaties that need domestication. However, with each chamber vying for influence, disagreements over equality have frequently led to tensions between the Senate and House leaderships.
The announcement by President Bola Ahmed Tinubu of the award of the Commander of the Federal Republic on the Speaker of the House of Representatives and the Grand Commander of the Order of the Niger on the Chief Justice of Nigeria and the Senate President has thrown up a debate not only in the parliament, but beyond on the actual of protocol in the country. It has also thrown up a debate on whether there exist an upper and lower chamber in the National Assembly.
Read Also: Fubara sets up panel to probe killings, destruction of LG secretariats
On the 9th of March, 2000, the Senate at plenary passed for third reading, the National Order of Precedence sponsored by Senator Jonathan Zwingina. The House of Representatives passed the order 13 days later, on the 22nd of March. The order provides an order of protocol for public officers.
Section 1(3) of the law states that “the National Order shall be – (a) observed at – (i) national functions; (ii) official and social engagements: and (b) for the purposes of assisting the determination or the remuneration, salaries and allowances of Public Officers and Other Persons in the Federal Republic of Nigeria.”
Constitutional lawyer and former Edo state governor, Prof. Oserheimen Osunbor was one of the Senators who passed that bill into law. In an interview with The Nation in June 2023, Prof Osunbor gave an insight into the passage of the law which he said eliminated the idea of upper and lower chamber of the National Assembly.
He also gave insight as to the origin of the idea of upper or lower chamber. He said: “We don’t have that in Nigeria because the Constitution does not recognize an upper chamber or a lower chamber. The term upper and lower chamber has historical origin. In the US, their first Congress had about four or five floors. The Senate occupied the fourth floor, while the House of Representatives occupied the third floor. That is where the name upper chamber and lower chamber emanated from. In the Nigerian National Assembly, they are all on the same level.
“In 1999 when I was in the Senate, there were some difficulties arising from who is upper and who is lower. The members of the House of Representatives then kicked against an attempt to see them as inferior to the Senate. This came when we were trying to pass the bill on protocol and hierarchy of government officials with the President as number one.
“Senators were listed first before members of the House of Representatives in the original version. They protested and we had to go for harmonization before the bill passed in the House and the one passed in the Senate. What you have now is Senators and members of the House of Representatives on one line. So, there is no upper or lower chamber in Nigeria.”
But the lawmakers, especially some members of the House of Representatives and majority of Nigerians, appear ignorant of this provision in the law. The Nation’s finding revealed that in the order of protocol which has the President as number one, Senators and Members of House of Representatives are listed on the same line. The Vice President is listed as number two, Senate President as number three, Speaker of the House of Representatives as number four and Chief Justice of Nigeria as number five. It places former Presidents as number six, former Vice-Presidents as number seven while the Deputy President of the Senate and the Deputy Speaker of the House of Representatives comes in the eighth and ninth position respectively.
This tends to rubbish the claim previously held that the deputy Speaker of the House is listed the number 6 citizen of the country. While the order places State Governors and their deputies below the National Assembly members, it however made an exemption in Section 2 of the law which states that “Where public office holders of the Federation are in attendance at an occasion organised or sponsored by a State Government, such public office holders and other dignitaries shall take their precedence in the Order prescribed in Subsection 2) of Section I of this Act provided that the Governor of that State shall take his precedence immediately after the Chief Justice of’ Nigeria.”
However, the decision of the President to award the Speaker CFR, which is the nation’s third highest honour behind the Chief Justice of Nigeria, sparked protest by members of the House. While moving a motion of urgent national importance, Phillip Agbese, Deputy Spokesman of the House alleges an ongoing culture of discrimination against members of the House, portraying them as inferior to Senators. Agbese said “the National Assembly is constitutionally established as a bicameral legislature comprising two equal chambers – the Senate and the House of Representatives, as stipulated in Section 4 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), with both chambers operating within a framework that ensures the legislative independence and equality of each.
According to him, Section 47 of the 1999 Constitution provides for the establishment of the National Assembly, consisting of a Senate and a House of Representatives, each of which plays distinct but complementary roles in the legislative process. There is an ongoing and inappropriate culture of discrimination against the House of Representatives, often portrayed as inferior to the Senate, through language that consistently refers to the Senate as the “upper chamber” and the House of Representatives as a “lower chamber.” This terminology misrepresents the legal status of both chambers and diminishes the House’s standing”.
While expressing concern about addressing the President of the Senate as the “Chairman of the National Assembly,” he said this inaccurately implies a hierarchical structure between the two chambers, contrary to the constitution, and undermines the authority of the Speaker of the House of Representatives.” He said this discriminatory practice was once again evidenced during the recent announcement of National Honours on the leadership of the National Assembly by Mr. President, saying “while expressing our gratitude to Mr. President for recognising and honouring the leadership of the National Assembly, we note that the conferment of the title of Grand Commander of the Order of the Niger (GCON) on the President of the Senate and the conferment of the Commander of the Federal Republic (CFR) on the Speaker of the House of Representatives and Deputy President of the Senate perpetuates the inappropriate subordination of the Speaker to the President of the Senate. The Chief Justice of Nigeria, who is lower in protocol ranking than the Speaker of the House of Representatives, was also awarded the title of GCON, further exemplifying this culture of discrimination against the leadership of the House. The Constitution, in promoting a balanced and equal bicameral legislature, clearly provides that bills passed by one chamber must be concurred with by the other in the same form for them to become law, thus affirming the equal status of both chambers as essential components of the legislative process.
While the constitution assigns specific responsibilities to the Senate, such as confirming certain presidential appointments, it implies greater authority for the House of Representatives over appropriations and the power of the purse. These distinct roles are designed to maintain a system of checks and balances within the legislative arm rather than establishing the superiority of one chamber over the other. The House of Representatives and the Senate are two distinct but equal components of the legislative branch, and their leaders – the Speaker and the President of the Senate – are co-heads of this branch, each playing a unique role in advancing legislative functions. This distinct dual leadership is a unique arrangement in our governmental system that must be respected.
Agbese recognised the fact that the conferment of national honours is at the behest of the President when he said that “the National Honours Act of 1964 does not explicitly prescribe the conferment of specific honours, such as the Grand Commander of the Order of the Niger (GCON) for the President of the Senate or the Commander of the Order of the Federal Republic (CFR) for the Speaker of the House of Representatives, and that these distinctions are rooted in customary practice rather than statutory requirement”. He also admitted that “the honour of GCON is not restricted to any particular office or individual but can be awarded to any distinguished Nigerian deemed deserving by the President, as evidenced by the recent conferment of GCON on Dr. Ngozi Okonjo-Iweala by former President Muhammadu Buhari, this House acknowledges the flexibility inherent in the National Honours system and the prerogative of the President in the allocation of such distinctions”.
Sada Soli (APC, Katsina) said the motion was aimed at ensuring that the provisions of Section 47 of the Nigerian Constitution are obeyed to the latter. He said it was not about the person of the Speaker, but the institution of the House of Representatives. He argued that the position of the Speaker comes before that of the Chief Justice who was awarded the honour of GCON. He also listed many private individuals who have been honoured with the GCON and wondered why the Speaker should not be awarded with the title. He called on President Bola Tinubu who he termed as a listening President to correct the omission. He recalled that the House was subjected to similar award during the 9th Assembly when the former Speaker and now Chief of Staff to the President, Femi Gbajabiamila was given the CFR title which the House initially resolved to reject, but choose the part of dialogue, believing that the mistake will not be repeated in future. In his own contribution, Babajimi Benson (APC, Lagos) said the motion is aimed at putting democracy in the right track, adding that injustice to one is injustice is to all. He said “this has gone on for far too long. When the order of protocol is being read, the Speaker comes before the Chief Justice of Nigeria. How come the Chief Justice of Nigeria is getting the GCON while the Speaker is getting CFR title? This lacuna should be investigated.” Former Deputy Speaker of the House, Idris Ahmed Wase said the House initially wanted to reject the CFR title given to the Speaker in the 9th Assembly, but chose to be diplomatic in handling the issue, while expressing surprise that the same error was repeating itself. He said “we are not subservient to any arm of government. We have equal right with the Senate. In the 9th Assembly, we discussed and agreed to return the CFR title to government and we expected that error to be corrected. We need to write officially as in institution to the person in charge of the National Honours. It is handled by a group headed by the Minister for Special Duties. We are not in competition with anybody, but we want to be given our right place”.
Oforji Oboku also stressed the critical intervening roles the House of Representatives continues to play to ensure the thriving nature of the Nigerian democracy. He called on all concerned parties to ensure the House does not feel disenfranchised in any way. On his part, Markus Onobun rose on behalf of his constituents in Edo state to wholeheartedly support the motion and stated that the House of Representatives remains equal to the Senate in all responsibilities and benefits. Leke Abejide called for the explicit declaration to the public that the Senate and the House of Representatives work together in concurrence to make Laws for the good governance of the nation, while Stanley Olajide stated that what is fair is fair and that calling the President of the Senate the third national citizen and the Speaker of the House; number 4 is also part of the issue. He prayed that the issue will be ironed out finally.
Abdulmumin Jubrin called for caution in the approach to make the House of Representatives not look desperate for power and titles. He agreed that calling the President of the Senate the third national citizen and the Speaker of the House; number 4 is truly part of the issue. He asked for a way to change this notion in all ramifications for the position of the Speaker of the House. Hon. Jibril also wondered why only the Senate is allowed to screen ministers and the House is left out. He called for the ratification of all such issues. George Ozodinobi expressed sadness at the way that different regimes of the Executive Arm of Government continue in the line of this error. He called on President Bola Tinubu to correct the National Honour on the Speaker of the House to reflect the one equal to that of the President of the Senate. This he stated is not for just the person of the current Speaker, but for the Office. Ali Isa also highlighted the flaunting of the provisions of Section 47 of the Nigerian Constitution as a deeply saddening development. He called on the relevant Committees of the House to invite the Minister of Special Duties and ensure the resolution of the matter, and report back to the House within 7 days.
House Leader, Julius Ihonbvere said that as Leader of the House, it is normal for him to defend the government, but in this position, he has the responsibility to correct the government where it is erring. He stated that some critical Constitutional amendments are being currently considered to correct these violations and other anomalies currently being carried out in the society.
Following intense debate which lasted for over one hour, the House resolved to call attention to what it called “ongoing discriminatory practice of referring to the Senate as the “upper chamber” and the House of Representatives as the “lower chamber,” as well as portraying the Speaker as subordinate to the President of the Senate”. It affirms that the House of Representatives is an independent and equal chamber of the National Assembly, and the Speaker is a co-head of the legislative arm of government alongside the President of the Senate. (Power of the purse)
The House also resolved that the Speaker be regarded as co-chairman of the National Assembly in all respects, and request that all references to the leadership of the National Assembly reflect this equality, while calling on all government institutions, officials, and the media to take cognisance of language and titles that suggest a hierarchical structure between the Senate and the House of Representatives or their respective leaders. It called on relevant House Committees to liaise with the Presidency and propose amendments to the National Honours Act of 1964 to appropriately recognise the Speaker of the House of Representatives as co-head of the National Assembly and confer the national honour of GCON upon the Speaker, ensuring parity in recognition with the President of the Senate. The House said that the President should uphold the spirit of bicameral equality as enshrined in the Constitution when making decisions and recommendations that concern the leadership of the National Assembly. It also directs the Clerk of the National Assembly to ensure that all communications, orders, and publications from the National Assembly henceforth refer to both the Speaker of the House of Representatives and the President of the Senate as co-heads of the National Assembly.
In a swift response to the demand of the House, President Bola Ahmed Tinubu decided to upgrade the CFR title for the speaker to the Grand Commander of the Order of the Niger. Special Adviser to the President on Information and Strategy, Bayo Onanuga said the President was persuaded by the House position and decided to remedy the “historical error”.
Why the House was angry
Historically, the struggle for parity has been evident. Instances include disputes over equality and legislative priorities, often leading to accusations of the Senate overshadowing the House. Since the return to democratic governance in Nigeria in 1999, the House of Representatives and the Senate have engaged in a long-standing tussle for equality, often characterised by disputes over legislative authority, protocol rankings, and public perception. The House has consistently challenged the label of “lower chamber” applied to it, arguing that this terminology undermines its constitutional status. The House highlights a cultural bias that labels it as the “lower chamber,” which they argue misrepresents its constitutional standing. They contend that such terminology diminishes their authority and perpetuates an inappropriate hierarchy between the two chambers. A recent motion highlighted this issue, asserting that the House deserves equal recognition and status as the Senate, which is often referred to as the “upper chamber”.
The allocation of resources has been a contentious issue as well. The Senate has sometimes been perceived as having more influence over budgetary matters, leading to accusations from House members that they are sidelined in fiscal discussions.
The conferment of titles such as GCON has also fueled discontent. The House rejected the planned conferment of this title on its Speaker, viewing it as a further indication of their perceived inferiority compared to the Senate.
The ongoing tussle between Nigeria’s House of Representatives and Senate reflects deeper issues of representation and authority within the National Assembly. As both chambers continue to navigate their roles, their historical conflicts underscore an enduring struggle for equality in Nigeria’s legislative landscape.
The House of Representatives advanced arguments to assert its equality with the Senate in the nation’s legislative framework. The House emphasises that the Nigerian Constitution mandates a bicameral legislature where both chambers must concur for legislation to pass. This legal framework affirms their equal status as essential components of the legislative process.
The House asserts that its Speaker, who ranks higher in protocol than certain other officials, should be recognized on equal footing with the President of the Senate. This argument is bolstered by instances like the recent conferment of titles, which they claim reflect discriminatory practices against House leadership. While acknowledging that the Senate has exclusive powers (like confirming presidential appointments), the House argues that these distinct roles are designed to maintain checks and balances rather than establish superiority. They stress that both chambers play unique yet equally important roles in governance.
These arguments underscore the House’s ongoing efforts to assert its equality with the Senate within Nigeria’s political landscape.
However, Section 53 of the Nigerian Constitution subsection one to four states that: “The President of the Senate and the Speaker of the House of Representatives shall be the presiding officers of the National Assembly.
“The President of the Senate shall preside at any joint sitting of the National Assembly.
“In the absence of the President of the Senate, the Speaker of the House of Representatives shall preside at any joint sitting of the National Assembly.
“The President of the Senate or the Speaker of the House of Representatives, as the case may be, shall, during any joint sitting of the National Assembly, have the same powers as are conferred by this Constitution on the President of the Senate regarding the conduct of proceedings in the Senate.”
This section of the constitution outlines the roles of the President of the Senate and Speaker of the House of Representatives in presiding over National Assembly sittings and joint sittings.
A legislative/policy expert, Chibuzo Okereke, gave an insight into the age long struggle. He said both chambers have coordinate jurisdiction with equal standing.
“This matter struggle for equality between the Senate and House has been historic. You will recall that during the return of democracy in 1999 – 2003, we didn’t have the Protocol Act and there was this contestation at the time as to even the place of the National Assembly vis-a-vis the military incursion that lasted for over 28 years.
“So, the National Assembly has been in that struggle since it emerged in 1999, when the Protocol Act later came, they were able to have the succession progression with the President as number one with the Vice President next, Senate President, and then the Speaker in that order.
“Of course, the judicial officers are by appointment. They are not elected. But speaking to National Assembly as an arm of government, it’s important that both citizens and the public understand the configuration of the National Assembly. Both chambers have coordinate jurisdiction. They have equal standing in terms of the way it is designed and the Constitution made it very clear when it prescribed that in administration of National Assembly proceedings, the bills can emanate from any chamber.
“I have to say this in comparison with other countries because there are countries where there is upper and lower chamber. It is not every bicameral legislature that is designed to have upper and lower chamber like you have the House of Lords in the UK as the higher, and the House of Commons as the lower chamber.
“In other jurisdictions, too, like the US, there is the Federal House of Representatives, and there is the State House of Representatives. But in Nigeria there is nothing like Federal House of Representatives. What we have is the House of Representatives, Federal Republic of Nigeria, because we don’t have another House of Representatives at the state level. What we have are the Houses of Assembly.
“Now, but there is something in Section 53 of the constitution which like try to create this confusion, which is where the Constitution mentioned that in times of joint sitting of the House of Representatives and the Senate, the Senate President shall preside. That is what the Constitution prescribes. But that on its own does not amount to Senate being higher than the House of Representatives because under the constitutional arrangement, in terms of passage of a bill, where the Senate and the House disagrees or passes different versions of a bill or budget, a Conference Committee is set up which is made up of the same number of House of Reps members and of Senators.
“Interestingly what you have under that arrangement is chairman and alternate chairman. You don’t have a Senator as Chairman and House members being the Vice Chairman, no. In any case, where the conference committee is not able to resolve the differences between the two chambers, the law says that the Bill will now go to simple majority voting and you know that House of Representatives has 360 members and the Senate is just 109. That is why they never allow anything to go beyond the conference committee because once that happens, the House of Representatives will have upper hand.
“Now, in terms of functionality, the House of Representatives can introduce bills and the Senate can initiate bills. Whichever chamber that introduces the bill first, it will go to concurrence in the other chamber before it is agreed on and transmitted to the President for assent.
“Also, people have mentioned the issue of confirmatory powers that the Senate has, to confirm ministers under section 147 and 148 of the Constitution and other executive appointments like EFCC Chairman, CBN Governor, CJN and some key appointees in line with the principal Act establishing them.
“Now that is an exclusive function given to Senate but the House of Representatives also has confirmatory powers under section 151 of the Constitution, it is the National Assembly that approves the number of presidential aides or presidential advisers. So, it’s not only Senate.”
Section 151 (1 and 2) of the Constitution reads: “The President may appoint any person as a Special Adviser to assist him in the performance of his functions. The number of Special Advisers appointed under subsection (1) of this section shall not exceed such number as may be prescribed by an Act of the National Assembly.”
He added that both the Senate and House of Representatives are both empowered to confirm Service Chiefs concurrently in line with Section 18(1) of the Armed Forces Act Cap A20 laws of the Federation of Nigeria, 2004. The section reads: “The President may appoint persons to be Service Chiefs and the Chief of Defence Staff subject to confirmation by the National Assembly.”
According to him, there is gross ignorance among some public officials and some members of public on the workings and powers of both chambers of the National Assembly thereby leading to the erroneous categorization of one of the chamber to be lower status.
“There was a time a particular minister appeared before the House of Representatives Committee and he was asked how he got approval to take a loan. He said that the Senate had approved the loan to him, which had power to do so. So that shows that even government officials and general public most times don’t understand how the institution of the National Assembly works.
“For instance, it is the National Assembly that has the power to approve loans not the Senate. But there is this perception out there that because in other jurisdictions upper chamber and lower chamber exist in most bicameral legislatures, therefore it is the same with Nigeria.
“On this issue of conferment of National Honour, there is something we have to also note, which is that there is no law that prescribes positional of national honour for National Assembly presiding officer. It only prescribes it for the president and the vice.”
“Every other person, it is now within the jurisdiction of the President to confer it on them.
The National Assembly can amend the law to say that if you attain the position of Speaker, maybe you can have this National Honour. But right now, it does not exist. It’s still within the prerogative of the President to confer honours. But by convention and practice, they always confer national honour of GCON to the head of the judiciary, even though it’s an appointive position and it’s not in the protocol of succession. In the last administration, we saw former President Muhammadu also make the mistake the president had just corrected by giving the former Speaker, Femi Gbajabiamila, CFR and thankfully that former speaker is now the Chief of Staff to the President.
“So, I think that also helped in keeping that narrative that the Speaker and the Senate President and indeed the two chambers are of equal jurisdiction and that they have coordinate powers and no one is above the other.
“Although in practice and in operation, the Senate is seen as the leader of the National Assembly that is why they have been pushing this concept subtly how the Senate President is the Chairman of the National Assembly.
“It is not in any law, but maybe they are relying on Section 53 of the Constitution in terms of joint sitting of the National Assembly who should preside. However, we observed that during a joint sitting to receive the Budget, the Senate President will give the welcome address while the Speaker as alternate chairman will close the remarks with a vote of thanks. So, this is how they have found common ground to solve what seems to have lingered as a political issue.”
While Speaker Tajudeen Abbas’ GCON title may elevate the profile of the House of Representatives, it does not inherently equalise its status with that of the Senate. The two chambers serve complementary roles within Nigeria’s legislative framework, each with distinct powers that reflect their unique functions.