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Tag: Senate

Constitution reform: Senate removes President’s power

Senators have passed 29 of the 33 items slated f an r amendment to the 1999 Constitution.

The lawmakers unanimously voted to strip the President of powers to assent to amendments made to the constitution, thereby giving the legislature sweeping powers to alter the constitution.

They voted 92 against four to pass the amendment seeking to whittle down the power of the President to veto amendments to the constitution.

The lawmakers also unanimously passed the amendment seeking to include past Presidents of the Senate and former House of Representatives Speakers as members of the Council of State.

Also passed was parliamentary immunity to lawmakers in the federal and state legislatures against prosecution over words spoken or written during debates or at committee assignments.

They also passed an amendment to compel the President to attend a joint session of the National Assembly once a year to deliver a State of the Nation address.

The length of time given to the President to spend funds from the consolidated revenue in the absence of appropriation was reduced from six to three months.

Henceforth, the President must lay the nation’s budget proposal before the National Assembly within 90 days before the end of a fiscal year. Governors are to lay their states’ within the same time frame at the state assemblies.

Local governments have been freed from the grip of state governments, with the scrapping of the Joint State/Local Government Accounts. The local governments are to get their allocations directly from the federation account and other sources.

State assemblies are to get financial autonomy. They are also to enjoy a right to funding from the Consolidated Revenue Fund of the states. The amendment had been rejected by state assemblies during previous constitution amendments that collapsed.

Names of appointees of the President and governors for cabinet offices are to be submitted to the Federal and State parliaments within 30 days of taking the oath of office by the President or governors.

Portfolios to be assigned to each appointee will also be indicated in the nomination letters forwarded to the Senate or the state assemblies as the case may be.

The Senate approved also a provision for independent candidates at all levels of election, as a way of expanding the political space beyond conventional parties.

The lawmakers voted in favour of the separation of the office of the Accountant General of the Federal Government from the office of the Accountant General of the Federation.

Similarly, the office of the Auditor-General for the federation and state Auditors General are to be on first line charges in the consolidated revenue funds of the federation and the states.

The Senate voted in favour of separating the office of the Minister of Justice and commissioners of Justice from that of the Attorney-General of the Federation and that of the State.

The Independent National Electoral Commission (INEC) was empowered to delist non-performing registered political parties.

The amendment affects any political party that fails to win any seat at the federal, state or local government level

Another aspect in the amendment seeks to restrict a person who was sworn in as President or governor to complete the term of an incumbent from contesting for the same office for more than one term.

The Senate also passed the bill on the Nigerian Security and Civil Defence Corps, which seeks to reflect the establishment and core functions of corps.

The amendment sought includes national security and civil defence as an item in the exclusive legislative list under the second schedule of the constitution.

Also passed was the bill on procedure for overriding presidential veto in constitutional alteration. It seeks to provide a procedure for passing a constitution alteration bill in the absence of the President.

Going by the bill, every amendment approved by the National Assembly with corollary support from the state legislators will automatically become law, even without the assent of the President.

The Bill seeking to set time lines for determination of election disputes also scaled through as Senators Voted 97 in support.

Another amendment proposed on age qualification by altering Section 65, 106, 131, and 177 of the constitution, affected the age limits for president, governors, senators, Reps and state assembly members.

For the House of Representatives and state assemblies, the age limit was pegged at 25; Senate, 35; president, 35; and governors, 35.

The NYSC Scheme was deleted from the Constitution through a Bill to that effect. This is to enable the lawmakers subject the Scheme to regular process of amendment.

The Public Complaints Commission Act also got the same treatment.

The Senate also overwhelmingly voted to delete the National Securities Act from the constitution for the Act to undergo regular process of amendment.

July 27, 2017
Senate directs Foreign Affairs Minister to submit Green Tree Agreement for ratification

The Senate on Thursday directed the Ministry of Foreign Affairs to immediately submit the Green Tree Agreement entered into between the Federal Republic of Nigeria and the Cameroonian Republic on June 12, 2006 for ratification.

The Senate also called on the executive arm of government to come up with a clear policy on the protection of indigenes in the Diaspora, including Cameroon.

The Upper Chamber further called on the Cameroonian Government to respect the provisions of the agreement entered into with Nigeria on the ceding of the Bakassi Peninsula.

This followed a six-point motion by Sen. Rose Oko (PDP-Cross River) and co-sponsored by five other lawmakers.

The senate also vowed to investigate recent harassment of Bakassi indigenes in Cameroon, which led to the death and return of some Nigerians living in Cameroon.

While condemning activities of the Cameroonian gendarmes against Nigerians in the Bakassi Peninsula, the senate further called on the National Emergency Management Agency to immediately send relief to returnees.

Presenting the motion, Sen. Oko, said the Bakassi indigenes of Cross River and Akwa Ibom States had resided in the geographic area known as the Bakassi Peninsula for generations.

She added that following agreements and treaties from 1885 between Britain, Germany and France over the boundary between Nigeria and Cameroon and actions between the two governments on the ownership of the Bakassi Peninsula became contentious.

According to her, Cameroon on March 29, 1994, took the matter to the International Court of Justice (ICJ) and on Oct. 10, 2002, the court ruled in favour of Cameroon.

She stressed that following the judgment, the two countries signed the Green Tree Agreement with several provisions that would not affect Nigeria negatively.

“The Green Tree Agreement provided that Cameroon would not force Nigerian citizens living in Bakassi Peninsula to leave the zone or change their nationality.

“It also provided that Cameroon would respect the culture, language and beliefs of the Nigerian citizens as well as respect their rights to continue their agricultural and fishing activities.

“The agreement further provided that Cameroon would protect their properties and customary rights and desist from levying in any discriminatory manner, any taxes and other dues on the nationals living in the zone.

“Cameroon was also by the agreement asked to take necessary measures to protect the nationals living in the zone from harassment or harm,’’ she said.

Oko lamented that in spite of the agreement, Nigerian citizens were being traumatised and treated as foreigners in their natural habitat.

She further lamented that those that returned to Nigeria after the ICJ ruling were equally not properly settled, thereby living in makeshift accommodation for years.

The lawmaker noted that recent reports had it that 97 Nigerians were feared dead following attack by Cameroonian gendarmes over failure to pay a discriminatory boat levy of N100,000.

She said, “even if preliminary investigations have revealed as is reported in the media, that they were not killed but died in the sea, the fact remains that they were obviously fleeing from their host country in distress.

“It is saddening that these things are happening despite the huge resources and benevolence of Nigeria to our African bothers.

The lawmaker called on the need for the Nigerian Government to come up with a definite policy to protect its citizens in diaspora, particularly in Africa to stop growing attacks, killings and harassment.

Supporting the motion, the Minority Leader, Sen. Godswill Akpabio, said the Nigerian Government must do everything possible to protect Nigerians living in Cameroon.

He said in spite of the agreement entered into, Nigerians living in Cameroon were being subjected to several forms of torture.

He also said that the Cameroonian gendarmes and other criminals had taken over the Bakassi Peninsula, where Nigerians lived, leading to serious security threat.

He lamented that the Nigerian nationals in the area were being harassed in their natural habitat as a result of Nigeria’s ceding the area to Cameroon for the sake of peace.

“We now have the Bakassi freedom fighters in the Bakassi Peninsula that are involved in all forms of criminal activities.

“The area is now a den for criminals and nobody is allowed to fish unless they pay 100.

“If you are not able to pay they throw you into the sea and as a result many of our people have died and many enslaved in their own land.

“It is therefore important that we the representative of the people cry out.

“Also, the Federal Government should do everything possible to compel the Cameroonian authorities to respect the agreement that we entered into.

“The primary purpose of government as enshrined in Section 14(2b) is the protection of lives and property, so we have the obligation to protect our people.

“We have realised that insurgents and militants are moving to the area,’’ he said.

The lawmaker said Calabar that was known for peace was no longer peaceful as a result of the development.

The President of the Senate, Dr Bukola Saraki, put the prayers of the motion to voice vote and they were unanimously adopted.

July 27, 2017
Senate strips President of powers to sign constitutional amendments

… Autonomy for State Assemblies, LGAs

… Gives INEC powers to scrap political parties

The Senate on Wednesday passed 29 out of the 33 items slated for amendment in the 1999 Constitution.

The lawmakers unanimously voted to strip the President of powers to assent to amendments made to the constitution, thereby giving the legislature sweeping powers to alter the constitution.

They voted 92 against four to pass the amendment seeking to whittle down the power of the President to veto the amendments to the constitution.

The lawmakers also unanimously passed the amendment seeking to include past Presidents of the Senate and former House of Representatives Speakers as members of Council of State.

Also on the card was immunity to lawmakers in the federal and state legislatures against prosecution over words spoken or written in the parliament during debates or at committee assignments.

They also passed an amendment that would compel the President to attend a joint session of the National Assembly once a year to deliver a State of the Nation address.

Similarly, the length of time given to the President to spend funds from the consolidated revenue in the absence of appropriation has been reduced from six to three months.

Henceforth, the President must lay the nation’s annual budgetary proposal before the National Assembly within 90 days before the end of a fiscal year, while state governors are also to lay theirs within the same time frame at the state assemblies.

Local governments have also been freed from the grip of state governments, with the scrapping of the existing Joint State/Local Government Accounts.

The local governments are to get their allocations directly from the federation account and other sources.

State assemblies are also to get financial autonomy. They are also to enjoy a right to funding from the Consolidated Revenue Fund of the states. The amendment had been rejected by state assemblies during previous constitution amendment.

Also, the amendment prescribed that appointees of the President and State Governors for cabinet offices are now to be submitted to the Federal and State parliaments within 30 days of taking oath of office by the President or state governors.

Portfolios to be assigned to each appointee will also be indicated in the nomination letters forwarded to the Senate or the state assemblies as the case may be.

The Senate also approved a provision for independent candidates at all levels of election, as a way of expanding the political space beyond conventional parties.

The lawmakers also voted in favour of separation of the office of the Accountant General of the Federal Government from the office of the Accountant General of the Federation.

Similarly, the office of the Auditor-General for the Federation and state Auditors General are to be on first line charges in the consolidated revenue funds of the federation and the states respectively.

Also, the Senate voted in favour of separating the office of the Minister of Justice and state commissioners for Justice from that of the Attorney-General of the Federation and that of the State.

The Independent National Electoral Commission (INEC) has also been empowered to delist non-performing registered political parties.

The amendment affects any political party that failed to win any seat at the federal, state or local government level.

July 26, 2017
Senate dumps devolution of powers to states

Four key constitution amendment proposals were rejected by the Senate on Thursday.

The four rejected critical proposals included the devolution of powers to states, deletion of the Land Use Act from the Constitution, state creation and boundary and 35 per cent affirmative action for women.

Also rejected was the recommendation to alter section 25 of the constitution to guarantee a married woman’s right to choose either her indigeneship by birth or by marriage for the purpose of appointment or election.

A total of 97 senators were in the chamber for the historic vote.

In all there, Constitution review committee formulated 33 bills, 29 passed, while four others failed.

At least two-third of the 109 senators were required to pass any of the 33 bills except the bill on procedure for overriding the presidential veto in Constitution Alteration which requires 4/5 of the 109 senators present and voting.

On devolution of powers to states, the review panel said that (Devolution of Powers) –“This seeks to alter the Second Schedule, Part I & II to move certain items to the Concurrent Legislative List to give more legislative powers to states. It also delineates the extent to which the federal legislature and state assemblies can legislate on the items that have been moved to the Concurrent Legislative List.”

A total of 95 senators voted. While 56 voted yes, 48 voted nay and one abstained. The proposal failed to meet 2/3 required for it to pass through the process.

On removal of the Land Use Act from the constitution, the committee said “Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 32, 2017 (Deletion of the Land Use Act from the Constitution) – The Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to delete the Land Use Act from the Constitution so that it can be subject to the regular process of amendment.”

A total of 90 senators voted. While 46 senators voted yes, 44 others voted against the bill, thus rendering the proposal unacceptable.

On state creation and boundary adjustment, the review panel proposed, “(State Creation and boundary Adjustment) – This essentially seeks to alter section 8 of the Constitution to ensure that only democratically elected local government councils participate in the process of state creation and boundary adjustment. It also removed ambiguities in the extant provisions to enhance clarity with respect to the procedure for state creation.”

A total of 90 senators voted on the proposal. While 42 senators voted yes, 48 others voted against it. It failed to meet the required 2/3 votes required for it to pass through the process.

July 26, 2017
Senate may pass Nigeria Financial Intelligence Bill today

The Senate yesterday passed the second reading of the Nigerian Financial Intelligence Agency Bill.

The first reading of the Bill was done on July 20, 2017.

The Bill is entitled: “A Bill to establish the Nigeria Financial Intelligence Agency as the central body in Nigeria responsible for receiving, requesting analysing and disseminating financial intelligence reports and other information to law enforcement, security and intelligence agencies and other relevant authorities and for related matters, 2017(SB 535)”

The Bill was referred to the Committee on Anti-Corruption, chaired by Senator Chukwuka Utazi (Enugu North).

The committee has been asked to present its report to the plenary today for consideration and possible passage by the upper chamber.

On Wednesday, July 19, the Senate resolved to pass a law to establish a substantive and autonomous Nigeria Financial Intelligence Unit (NFIU), following the suspension of Nigeria from the EGMONT Group.

The EGMONT Group is a network of 152 member countries that share information relating to criminal intelligence and financial investigations that deal with money laundering, terrorism financing, proliferation of arms, corruption, financial and economic crimes.

Nigeria was suspended from this group for not having an independent Financial Intelligence Unit.

Since then, the Senate has worked to fast-track the bill to ensure that the country is readmitted into the group.

In the event of an eventual expulsion – following its current suspension – Nigeria will no longer be able to benefit from the financial intelligence shared by the other 152 member countries, which includes the United States and the United Kingdom.

This will significantly hamper its ability to recover stolen funds that are allegedly stashed abroad.

July 26, 2017
Senate passes Nigeria Peace Corps bill

The Senate on Tuesday passed the controversial Nigerian Peace Corps bill, following the adoption of a conference report on the bill.

The House of Representatives passed the bill last year, but the Senate had initially rejected the bill due to what it described as contentious issues contained in the bill

The passage followed recommendation by the Senate Committee on Judiciary, Human Rights and Legal Matters, chaired by Senator David Umaru (APC Niger East).

Presenting the report, Umaru said: “The issues raised by the distinguished senators at the plenary are fundamental and they go to the root of the corps operations which are subject to litigation.

“The operation of peace corps in other jurisdictions, particularly in the United States, the American peace corps, as it is called, used a model that does not operate as a permanent and a pensionable employment as intended in Nigeria.

“Arising from the presentation made by stakeholders and following from my observations and findings, the Senate committee on judiciary, human rights and legal matters, the Senate may wish to consider the conference committee report on the peace corps bill 2017.’

Also, Senator Bayero Nafada (APC Gombe North), advised his colleagues to go ahead with the passage of the bill, since issues between the corps and the Nigeria Police had been resolved.

Nafada said: “It was about the issue between the Peace Corps commandant and the Nigeria Police and it has been sorted out by the chairman of the judiciary committee.”

July 25, 2017
Kidnapping: Police deploy 600 Special Forces to Abuja-Kaduna road

The Police high command has deployed 600 Special Forces and 90 high caliber patrol vehicles to curb increasing cases of kidnapping along the Abuja-Kaduna express way.

Apart from the special forces and patrol vehicles, the Nigerian Army and the police have constituted a joint operation to halt kidnapping on the road.

The Senate Leader, Senator Ahmed Lawan, told his colleagues on Tuesday that the Inspector General of Police, Ibrahim Idris, briefed the Joint Committee of the Senate and House of Representatives on Police Affairs about the latest efforts to arrest kidnapping on the road.

Lawan, who came under Order 43 (Personal Explanation), told the Senate that a joint meeting of the Senate and House of Representatives Police Affairs Committee was held on Monday in his conference Room on how to deal with the incessant kidnapping along Abuja-Kaduna road.

He noted that the “mass kidnapping” and kidnapping of individuals have become a matter of grave concern to the two chambers.

The Senate leader said the meeting requested for explanation from the IGP on the issue.

He said Idris told the committee that there was already a joint operation of the police and the army to deal with the situation.

Lawan said they accepted the police explanation.

Deputy Senate President, Ike Ekweremadu, who presided over the plenary, said the primary responsibility of government remains the security and welfare of the people.

He said efforts would be made to improve the funding of the police for effective performance.

Ekweremadu, however, asked the police to double its effort and tackle kidnapping and other related crimes in the country.

July 25, 2017
Senate: Delays in InfraCos licensing threatens ICT goals

The Senate Committee on Information and Communications Technology (ICT) and Cybercrime has warned that delays by the Nigerian Communications Commission (NCC) in licensing infrastructure providers (InfraCos) and roll-out of service may scuttle Federal Government’s lofty objectives in the information communications technology (ICT) sector.

Under the National Broadband Plan (NBP) of the Federal Government, it is expected that 30 per cent broadband penetration will be achieved next year from the less than 10 per cent it currently stands. One of the programnes designed to accelerate the realisation of the dream is the licensing of InfaCos to provide infrastructure in the six geo-political zones of the country with one in Lagos, ramping the figure to seven.

While a firm, IHS Connect, a subsidiary of IHS Tower, won an InfraCo licence almost three years ago to provide infrastructure in the Northcentral, MainOne won InfraCo licence for Lagos.

Its Chairman, Senator Buhari Abdulfatai, who gave the warning while leading a high level delegation on a working visit to MainOne’s Data Centre, MDXi in Lagos, said the Senate is ready to work with relevant agencies to ensure that Nigeria meets its ICT objectives considering the incredible capacity already available in-country.

The Committee praised the incredible capacity available on MainOne’s submarine cable system and data centre, which it acknowledged to represent the most significant infrastructure of its kind in Nigeria. The Committee acknowledged that with this capacity already available in the country, there is no reason for the country’s broadband penetration rate to remain at the 21 per cent as reported by the NCC given the booming demand for data and connectivity services.

Senator Abdulfatai said the delay in licensing Infracos and deploying network infrastructure after licensing posed a major threat to the achievement of the nations’ technology goals, which largely depends on broadband infrastructure to be provided by InfraCos.

He, however, assured that the Senate will do everything within its powers to facilitate ICT/broadband development and give legal substance to ICT policies including the NBP and the Cybercrime Act.

But speaking about preparations for licensing the remaining zones, the Executive Vice Chairman of the NCC, Prof Garba Dambatta said: ‘’We are about to conclude that process. About 60 companies submitted bids for the licensing of the remaining zones with InfraCo licences.

“This is a massive number and as I am talking to you, we are about to conclude the selection process and very soon, by July we will come out with information about the successful bidders and those will be offered InfraCo licences subject to the conditions stated in the regulatory framework with the open access model that is driving the deployment of broadband infrastructure in the country.

“InfraCo licences have been offered to two legal entities: MainOne for the Lagos Zone and IHS Connect, a subsidiary of IHS for the Northcentral Zone. We have been monitoring the progress so far made. For Lagos, we are quite happy about the milestones so far achieved in the deployment of fibre network; but for the Northcentral Zone, we are not happy and action is being taken to ensure that remedial measure is put in place to speed up the process of deployment in Northcentral Zone. We will come out with a statement on this very soon.”

During the tour of the facility, he described MainOne’s data centre as a world-class facility and reiterated the importance of having Nigerian institutions host data locally within the country in order to ensure national security, drive job creation, improve the quality of online services and guarantee Nigeria’s participation in the emerging global digital transformation.

Chief Executive Officer, Funke Opeke lauded the Senate Committee’s efforts in ensuring the development of ICT across the country via its support of homegrown enterprises.

She urged the legislators to look for legislations, especially in the areas that will positively impact on infrastructure development including possible interventions to address the high cost of capital crippling telecoms firms which has significantly slowed down new infrastructure projects in the country. According to her, this is critically needed to bridge the gaps in the ICT industry.

“Nigerian content is arguably the most globally recognised African content today, but South Africa and Kenya are perceived as digital leaders in Africa because of the infrastructural gaps in the country. MainOne has made significant investments in ICT infrastructural development in Nigeria and West Africa and will continue to do so, but we require full government support to enable the ICT industry in Nigeria surpass other countries,” she added.

July 25, 2017
Senate moves to review NHIS Act

The Senate on Monday initiated moves to review the National Health Insurance Scheme (NHIS) Act, with the view to strengthening the legislation for affordable healthcare delivery in the country.

Speaking at a two-day public hearing in Abuja, the chairman, Senate committee on Health Sen. Lanre Tejuosho, said the scope of the NHIS would also be widened through Universal Health Coverage.

Tejuosho added that lawmakers the world over, play important role in the design, implementation, financing as well as raising accountability bar for social policy thrusts.

He said: “The legislature’s statutory functions of appropriation, accountability, oversight and representation are needed to create necessary legal frameworks, mobilise additional public fund and hold the system accountable to ensure high quality design and effective implementation of UHC mechanisms.

“While there are ongoing pockets of health related efforts by national and state lawmakers, the Senate Committee on Health in collaboration with development partners had resolved to institute a legislative network on UHC.

“This is to harness and align the roles of lawmakers towards advancing UHC course and serve as a veritable tool for coordination and learning among federal and state lawmakers.

“The objectives of setting up the network, among other things, include improved appropriation to health sector by deepening the knowledge of law makers on economic, social, health and political benefits of improved health funding towards UHC.

“Also, it is to ensure prompt and adequate release of allocated funds by working with the lawmakers to make relevant central budget agencies accountable for funds released.”

While declaring the hearing open, President of the Senate Dr. Bukola Saraki, said the summit was a platform seeking to strengthen institutional cooperation to advance legislative activities in the health sector.

Saraki said: “The importance of this framework cannot be overstated, as our major role as legislators is to promote the welfare of our citizens; to ensure that effective healthcare systems are available to all Nigerians.

“This informed the desire to draw in the cooperative efforts of both the National and State Assemblies targeted at developing health strategies that would work effectively for all.

“This for me is another rare opportunity for us to ensure that the legislative effort in both the National and State Assemblies are moving towards the same direction.”

Also speaking at the occasion, the Minister of Health, Prof. Isaac Adewole, charged every Nigerian to rise to the responsibility for the development of the healthcare system.

“We are changing the narrative that health is not an item of expenditure. It is a critical factor for socio-economic development.

“When we invest one dollar in infrastructure the return on investment is three dollars. When we invest one dollar in immunisation, the return on investment is 16 dollars,” Adewole said

July 24, 2017
Senate is playing God
SIR: The recent face-off between Babatunde Raji Fashola (SAN), Minister of Power, Works and Housing provokes this write – up. He said that the Senate had no right to increase the budget as is being done by the National Assembly since the inception of democracy in Nigeria. We just have to settle this issue once and for all. This reminds me of Gani Fawehinmi, Tai Solarin and Malam Aminu Kano of blessed memories. Our present social critics are bulldogs who cannot bite.

The Senate is playing God as members see themselves as the alpha and omega that cannot be queried or questioned by any citizen. Members go on two or three weeks holiday when the rest of us only go on two days of any public holiday. Recall that the senators abandoned their legislative duties to be in court as a sign of solidarity with the Senate President.

The present Senate is the odd-one out in the whole world where the opposition party is the Deputy Senate President. Even the United States of America which celebrated 244 years of her independence on July 4 has no such history.

The truth is that the present National Assembly is terrible. Just think of it – How can a member of our House of Representative propose that those thieves who stole our money should be pardoned because they invested the stolen money in Nigeria? That shows the level of moral decadence in the nation.

These National Assembly members don’t realize that the world is now a small village and that the rest of the world would judge Nigeria by the level of the morality of those in the National Assembly.

It seems the current senators don’t care what happens to the economy. President Mohammed Buhari presented the year 2017 Budget to the Senate in December 2016. The Senate went on Christmas holiday without touching the budget. When they came back, they started playing politics with the lives of Nigerians. What is their pride? The Budget for 2017 was just signed into law in June.

It is in the life of this present legislative assembly they introduced “padding” into the budget. The question now is: Whose purview is the preparation of the federal government’s budget? We just have to get it clear once and for all, as the senators cannot continue to put their sword of Damocles on the rest of us over their claim of performing an oversight function.

It is not only the executive and the legislature that form the government; the judiciary is also part of the federal government. Since the judiciary never had issues over budget with the executive, the legislative arm too should submit its budget to the executive. If the National Assembly has any addition to make to budget, they should lobby the executive like other arms of government, but not to see themselves as the final authority on the budget. I think the judiciary has to speak out. Do we have to go to court on every issue?
- Dr. Sunday O. Ajai,
omoajai_sunday05@yahoo.com
July 21, 2017