The Nation Newspaper

Tag: Senate

  • Senate: it’s time for national conference

    Senate: it’s time for national conference

    Advocates of a national conference got a major boost yesterday. The Senate said steps should be taken to convene a national conference of ethnic nationalities.

    The upper chamber also lamented that those it described as political jobbers, sycophants, and hustlers have seized the country’s political space, and are being allowed to set the tone of national discourse ahead of 2015 general elections.

    Senate President David Mark spoke in an address to flag off a new session for the Senate.

    Though he counselled that Nigerians should make haste slowly and operate strictly within the parameters of the Constitution in discussion of the national question, Mark agreed that time has come for the country to confront alleged structural distortions in the polity.

    Such a conference, he said, can find accommodation in the extant provisions of the 1999 Constitution, which guarantee freedom of expression, and of association.

    The only no-go area at the conference, the Senate President noted, should be dismemberment of the country.

    He, however, cautioned that it would be unconstitutional to clothe such a conference with constituent or sovereign powers.

    He said, “We live in very precarious times, and in a world increasingly made fluid and toxic by strange ideologies and violent tendencies, all of which presently conspire to question the very idea of the nation state.

    “But that is not to say that the nation should, like the proverbial ostrich, continue to bury its head in the sand and refuse to confront the perceived or alleged structural distortions which have bred discontentment and alienation in some quarters.

    “This sense of discontentment and alienation has fueled extremism, apathy and even predictions of catastrophy for our dear nation.

    “A conference of Nigeria’s ethnic nationalities, called to foster frank and open discussions of the national question, can certainly find accommodation in the extant provisions of the 1999 Constitution, which guarantee freedom of expression, and of association.

    “To that extent, it is welcome. Nonetheless, the idea of a National Conference is not without inherent and fundamental difficulties.

    “Problems of its structure and composition will stretch the letters and spirit of the Constitution and severely task the ingenuity of our constitutionalists.

    “Be that as it may, such a conference, if and whenever convened, should have only few red lines, chief among which would be the dismemberment of the country. Beyond that, every other question should be open to deliberations.

    “However, I hasten to add that it would be unconstitutional to clothe such a conference with constituent or sovereign powers!

    “But the resolutions of a national conference, consisting of Nigeria’s ethnic nationalities, and called under the auspices of the Government of the Federation, will indeed carry tremendous weight.

    “And the National Assembly, consisting of the elected representatives of the Nigerian people, though not constitutionally bound by such resolutions, will be hard put to ignore them in the continuing task of constitution review.

    “But to circumvent the Constitution, and its provisions on how to amend it, and repose sovereignty in an unpredictable mass will be too risky a gamble and may ultimately do great disservice to the idea of one Nigeria.

    “That is not to say that a Constitutional Conference, whether sovereign or not, is a magic wand.

    “The task of nation building requires patience, faith, scrupulous honesty, diligence, dedication, sacrifice, toil, labour, assiduous application and massive investments in our future.

    “The heights attained by great nations were not made by sudden flights.”

    Mark said that parliamentarians would have discovered that the vast majority of Nigerians wanted a united, peaceful and prosperous Nigeria.

    According to him, Nigerians long for a country in which “our tremendous potentials as a nation are transparently and equitably nurtured and realised; a country in which law reigns supreme, and is applied evenly and equally to all, high and low.”

    “For our constituents, there is no alternative to the democratic project. What they dread, and will never want, is a nation trammeled by impunity, brigandage, banditry, insurgency, rampant corruption, and misgovernance.

    “These expectations perfectly dovetail into our core constitutional mandate of making laws for the good government of our federation, and all of its parts,” he said.

    Mark charged the lawmakers to continue the session with a solemn determination to deepen good governance, and to enthrone the legitimate expectations of the people, saying “the legislature remains the driving force of our constitutional democracy, and an indispensable block in the arduous task of nation building”.

    He insisted that more than ever before, “our countrymen and women are looking up to us for leadership, redemption and stability”.

    The Senate President maintained that in the chamber, “we are first and foremost Senators of the Federal Republic of Nigeria, and though not impervious to the present centrifugal political pulls, we must put the interest of Nigeria above every other consideration.

    “We must not only rise above narrow, parochial and partisan considerations, we must also very eloquently, by deeds and words, demonstrate the capacity and willingness to moderate national discourse, and balance the polity.

    “This we can only do by always standing with the people and on the side of truth, and by painstakingly striving at all times to do what is legally and constitutionally right and morally justifiable.”

    On the alleged activities of political jobbers and war mongers, Mark lamented that it is disheartening that even though the general elections of 2015 are two years away, “political jobbers, sycophants, and hustlers have prematurely seized the political space, and are being allowed to set the tone of national discourse”.

    The unfolding scenario, he said, “is an unnecessary and avoidable distraction by characters or hirelings who are desperately in search of relevance”. “They are only out to feather their own nests and in the process, unduly overheat the polity.”

    According Mark those involved employ every weapon, including threats of war, and open saber rattling, to advance their partisan causes.

    He said: “I am therefore, compelled to urge restraint and to call on all putative contestants to various political positions in 2015 to advise themselves and call their various supporters to order.

    “My prayer is to see our democracy advance to a level where those who lose elections would stoically accept the verdict of the electorate, congratulate the winners, and forge ahead.”

    Beating the drums of war, chanting war songs and blackmailing the nation with fire and brimstone, he said, are outdated and unacceptable tools of political brinksmanship.

    To him, political jobbers and war mongers do not serve anybody’s interests, but theirs as “they exploit our collective fears and fan the embers of hatred, acrimony and division”.

    “But, like I have said in the past, Nigeria is greater than any of its parts, and it is in our collective interest to promote her unity, based on the ideals of love, peace, patriotism, faith, compromise and sacrifice.

    “And Nigeria is certainly greater than any position any politician will ever occupy.

    “I, therefore, strongly advise the security agencies to take any threat bordering on treason very seriously and to thoroughly investigate such and take appropriate measures, irrespective of who the culprits are.

    “The greatest legacy we can bequeath to posterity is to collectively build a Nigeria that is more functional, more united, more dynamic, more peaceful and more democratic.

    “Our objective should be to build a nation whose unity is an article of faith based on equity, fairness, justice and equal opportunity; a nation where injustice to one is injustice to all.

    “I know it is a herculean task, but it is one that can be attained by steely resolve.

    “As Senators of the Federal Republic and as stabilizers of the polity, we must sound it loud and clear to all our elected and appointed officials, and indeed to every politician, that to divert attention from the core task of governance to desperate political permutations, is a great disservice to our nation.

    “National redemption requires renewed and concerted focus on governance at all levels, in every tier.

    “Concerted focus on governance entails keen and constructive engagement between all the arms of government.

    “To collaborate with, and engage the other arms of government in the interest of good governance, is neither to surrender our mandate as the gatekeepers to the realm of the public good, nor is it to compromise our ability to serve as a check on the other arms of government.

    “Rather, collaboration simply implies that when we as a legislature discharge our constitutional functions with faith, commitment and patriotism, we will insist that the other arms do likewise.

    “All are critical institutions in a country very much in a hurry to develop, a country whose citizens yearn for, and deserve much more from her public officers.

    “Collaboration or engagement also calls for a strict and more imaginative commitment to our constitutional oversight responsibilities.

    “It is only by so doing that we can help upgrade the quality of life in our country, and reward our peoples’ unflagging faith in democracy.

    “We resume plenary to be confronted with a legislative agenda filled to the brim with crucial activities.

    “Soon to be dealt with are the 2014 budget, the Petroleum Industry Bill, Customs (Amendment) Bill, Pensions Reforms (Amendment) Bill, Further Review of the Electoral Act, and harmonization of the Senate and House positions on the amendment of the 1999 Constitution (as amended),” Mark said.

    He recalled that the 2013 budget estimates were laid before the National Assembly in October, last year and urged the Executive to improve on that record this year.

    According to him, “Because the 2013 budget estimates was laid early enough, we not only scrupulously, meticulously and robustly debated it, we also ensured that it was passed before the commencement of its operative financial year.”

    On the ongoing strike by the Academic Staff Union of Universities (ASUU), Mark urged the lawmakers to spare a thought “for the plight of our youths who are idling away because of the closure of our universities due to the ASUU strike”.

    He said, “The morass in the education sector is deeply troubling, not only because it is retarding the educational progress of millions of our children, but also because it arrests the intellectual development of our nation, with grave consequences for the future.

    “While appreciating the tremendous merit in the case put forth by ASUU, we call on its leaders to return to class, while pragmatic negotiations to address their grievances continue.

    “The Senate will invest the full weight of its moral and constitutional authority to nudge both the Federal Government and ASUU towards a comprehensive settlement that addresses, in a realistic manner, the problems afflicting tertiary education in our country.”

     

  • Jonathan submits 2014-2016 MTEF, FSP to Senate

    Jonathan submits 2014-2016 MTEF, FSP to Senate

    President Goodluck Jonathan yesterday submitted the 2014-2016 Medium-Term Expenditure Framework (MTEF) and the Fiscal Strategy Paper (FSP) to the Senate for consideration and approval.

    Senate President David Mark read both documents yesterday.

    Jonathan, in a letter attached to the documents, noted that the submission of the MTEF and FSP was in line with the provisions of the Fiscal Responsibility Act, 2007.

    He said the development towards the preparation of the 2014 budget culminated in the 2014-2016 MTEF and FSP.

    Jonathan said: “Prepared against the backdrop of global economic uncertainty, the 2014-2016 MTEF and FSP reflect the reality of our circumstance. We will ensure that planned spending is set at prudent and sustainable levels consistent with government’s overall medium-term developmental objectives.”

    The President hailed the Senate for the cordial relationship between the Legislature and the Executive “in our collective efforts to transform the economy of our dear country”.

     

  • Senate backs convocation of national conference

    Senate backs convocation of national conference

    … Wants ASUU back in class

    The quest for the convocation of a national conference got a boost on Tuesday as the Senate said that steps should be taken to convene a national conference of ethnic nationalities.

    The upper chamber also lamented that those it described as political jobbers, sycophants, and hustlers have seized the country’s political space, and are being allowed to set the tone of national discourse ahead of 2015 general elections.

    Senate President, David Mark, stated this in an address to flag off a new session for the Senate.

    Though he counseled that Nigerians should make haste slowly and operate strictly within the parameters of the Constitution in discussion of the national question, Mark agreed that time has come for the country to meet to confront alleged structural distortions in the polity.

    Such a conference, he said, can find accommodation in the extant provisions of the 1999 Constitution which guarantee freedom of expression, and association.

    The only no go area at the conference, the Senate President noted, should be talk about dismemberment of the country.

    He, however, cautioned that it would be unconstitutional to clothe such a conference with constituent or sovereign powers.

    He said, “We live in very precarious times, and in a world increasingly made fluid and toxic by strange ideologies and violent tendencies, all of which presently conspire to question the very idea of the nation state.

    “But that is not to say that the nation should, like the proverbial ostrich, continue to bury its head in the sand and refuse to confront the perceived or alleged structural distortions which have bred discontentment and alienation in some quarters.

    “This sense of discontentment and alienation has fueled extremism, apathy and even predictions of catastrophy for our dear nation.

    ”A conference of Nigeria’s ethnic nationalities, called to foster frank and open discussions of the national question, can certainly find accommodation in the extant provisions of the 1999 Constitution which guarantee freedom of expression, and of association.

    “To that extent, it is welcome. Nonetheless, the idea of a National Conference is not without inherent and fundamental difficulties.

    “Problems of its structure and composition will stretch the letters and spirit of the Constitution and severely task the ingenuity of our constitutionalists.”

    On the ongoing strike by the Academic Staff Union of Universities (ASUU), the Senate President urged the lawmakers to spare a thought “for the plight of our youths who are idling away because of the closure of universities due to the ASUU strike.

    He said, “The morass in the education sector is deeply troubling not only because it is retarding the educational progress of millions of our children, but also because it arrests the intellectual development of our nation, with grave consequences for the future.

    “While appreciating the tremendous merit in the case put forth by ASUU we call on its leaders to return to class, while pragmatic negotiations to address their grievances continue.

    “The Senate will invest the full weight of its moral and constitutional authority to nudge both the Federal Government and ASUU towards a comprehensive settlement that addresses, in a realistic manner, the problems afflicting tertiary education in our country.”

     

     

  • Jonathan submits expenditure proposal to Senate

    Jonathan submits expenditure proposal to Senate

    President Goodluck Jonathan on Tuesday submitted the 2014-2016 Medium-Term Expenditure Framework (MTEF) and the Fiscal Strategy Paper (FSP) to the Senate for consideration and approval.

    The MTEF/FSP was read by Senate President, David Mark.

    Jonathan in the letter to the Senate noted that the submission of the MTEF and FSP was in line with the provisions of the Fiscal Responsibility Act, 2007.

    He added that the development towards the preparation of the 2014 budget culminated in the 2014-2016 MTEF and FSP.

    Jonathan said: “Prepared against the backdrop of global economic uncertainty, the 2014-2016 MTEF and FSP reflect the reality of our circumstance; and we will ensure that planned spending is set at prudent and sustainable levels consistent with Government’s overall medium-term developmental objectives.”

    He lauded the Senate for the enduring partnership between the legislative and executive arms of government “in our collective efforts to transform the economy of our dear country.”

     

  • Underage marriage: Olanipekun berates Senate

    Underage marriage: Olanipekun berates Senate

    •Urges Nigerians to shun child trafficking

    A legal luminary, Chief Wole Olanipekun (SAN), has criticised the Senate for voting against the proposed amendment to the constitution, which forbids underage marriage in Nigeria.

    He urged Nigerians to shun child trafficking.

    The Senate recently approved the marriage of underage children. The new law, according to the Senate, would proscribe the 18-year-old rule for any Nigerian child to qualify for a marriage.

    Olanipekun, the immediate past Pro-Chancellor of the University of Ibadan (UI) spoke recently when he delivered a lecture at the third series of the Dorcas Oke Hope Alive Initiative (DOHAL), titled: ‘Human Trafficking and the Challenges of the African Child’, held at the Law Lecture Hall, University of Ibadan.

    The DOHAL foundation was founded 10 years ago in memory of Oke, the daughter of Bishop Wale Oke, the President, Sword of the Spirit Ministries, who died following the usage of fake typhoid drugs.

    Extolling the virtues of Oke Olanipekun said early marriage is part of child trafficking, adding that people should rise up against the vice.

    Said he: “Tell me where it is written in the holy books that a girl-child should be given in marriage? A girl of 13 would first see it as a child’s play. It is evil. It is a vicious circle that has extended to the embassies. Why do the embassies give visas to our children? Human trafficking is a recurring habitual circle backed by a strong cartel.

    “We need to ask what happens to a senator, who married a girl of 13? We are compounding our problems if we have outlaws making laws for us. What do you expect from such personalities?

    “We have the global convention, which must be adhered to. There should also be reciprocity of love between the parents and the child. But now there is a void; we are destroying the foundation and future of our children.

    “There is need for our people to talk to some of these lawmakers. I once discussed it with Senate President David Mark. There is need for psychologists to examine the people who are sent to positions of authority in this country.”

    Olanipekun said there is need to appeal “to our government that the foreign embassies have to be warned. Do Russia and Italian girls come to Nigeria the way our girls get trafficked there?”

    He said according to the International Labour Organisation (ILO), over 12 million Nigerian children in 1995 and 15 million in 2003 under the age of 14 were engaged in child labour.

    Olanipekun said child trafficking is not simply a social or moral problem to be treated with casual initiatives, adding that no government or organisation can combat, prevent and obliterate child trafficking.

    He said there has to be a multi-sector and multi-disciplinary approach to it, where relevant partners with expertise and experience will be mobilised to bear on the problem.

    “Governments, law enforcement agencies, judiciary, employers’ and workers’ organisations, non-government organisations (NGOs) and other civil society actors would have to participate in the coordinated action to fight child trafficking. Also, there must be a strong policy and institutional framework to address it,” Olanipekun said.

    Oke said child trafficking and child marriage are becoming a terrible menace, adding:” A prostitute voluntarily gives her body. In this case, the girl-child has no choice; she has no liberty and is given no right at all.”

     

  • ‘Senate, Reps acted in good faith on Rivers crisis’

    ‘Senate, Reps acted in good faith on Rivers crisis’

    The political crisis in Rivers State, which started with the judgment of Justice Ishaq Bello of the Federal Capital Territory High Court, Abuja, on April 15, has claimed the legislative functions of the House Assembly, which have now been taken over by the National Assembly.

    I was in the House of Assembly on July 9 with the Deputy Governor, Mr Tele Ikuru, who came on behalf of Governor Rotimi Amaechi to present a budget variation request. Those who watched one of the several video clips now circulating on the internet would have seen me in black suit striving to tame one of the lead aggressors to discourage him from breaking and entering into the Assembly Chambers with his supporters. The deputy governor had embraced him in a bid to restrain him. It was in that warm embrace which lasted some minutes, during which I thought the deputy governor had succeeded in discouraging him from his course of action, that he, the lead aggressor, uttered the now (in)famous words concerning how, according to him, Governor Amaechi, has been abusing the president and the president’s wife, whom he referred to as mummy, and metaphorically too, as his Jesus Christ on earth. This is not hearsay as I repeat that I was there myself and heard him.

    As the events in the video clips show, the deputy governor and I were unable to dissuade him. The rest, as we say, is now history.

    As we left the Assembly complex that fateful July 9, it was certain that the contrived commotion would continue the next day. It was certain and clear too, that the sitting of the House would be disrupted.

    This is because the group of five was resolute in its desire to make the world believe it was now in charge of the Assembly while the 27 members resisting the group were equally resolute, if not more, in their stance that five can never be more than 27.

    The next day as the five against 27 respective parties made for the Assembly Complex, violence suddenly erupted as their supporters entered the arena, resulting in the Police throwing teargas canisters and the subsequent interim takeover of the Assembly by the House of Representatives through its timely and proficient intervention.

    It is curious that this timely, proficient, patriotic intervention, was discouraged by some for one reason or the other.

    Perhaps, to those opposed to the take over, the National Assembly should have remained uninterested in the crises as the Rivers State Police Command was, which disinterest provided, ab initio, the leeway for the commencement and festering of the Assembly disturbances. (I had, about a month ago in a press conference, warned of our slide to lawlessness in Rivers State through the machinations of the Police Command under the present Commissioner of Police). With such disinterest and with no authority in sight apart from the governor’s intervention which saved the situation on the first day, the lawmakers and their respective supporters would have concluded the massacre of themselves and then, at that stage, it would be ripe, as some argue, to intervene; only at that stage and certainly not before. This is not logical. It is unacceptable as nothing is more precious than human lives.

    Let us grant it without conceding it, that the intervention, according to some viewpoint, is immature or premature or precipitous, etc. However, to the extent that it saved several lives on both sides of the contrived disturbance, it should still be commended especially since it is not without constitutional basis. What is immature, premature, or precipitous is not necessarily unconstitutional as the cardinal issue is whether there is constitutional basis for such immature or premature action especially in the face of clear and imminent danger to several lives and property if no action is taken at all.

    I have stated in the past that the disturbances are contrived: In other words, they were planned in advance, they were invented and not genuine, all to achieve a predetermined end and that is why the planners and their sponsors do not want any genuine approach to resolving it as such genuine resolution will not hit their target of removing the Governor by any means whatsoever and howsoever. This is the cause of action: Remove Governor Amaechi at all cost and by any means whatsoever and when that is accomplished, he can go to court and speak the grammar outside power and the period of the litigation will certainly last longer than his remaining tenure as in the Ladoja case. To many Nigerians, the courts are the place where disputes are buried and never resolved. So, those who seek any advantage at all cost, employ any means, fair or foul, legal or illegal, to attain it and then turn round to taunt their hapless victim by advising them to go to court. This is the tragedy of the judiciary and it helps in promoting impunity as we are seeing in Rivers State in particular. Whenever a conqueror tells you to go to court, he is actually taunting you knowing that he will wear you out in court and the matter will never get resolved while he is enjoying the subject of the looting. Such persons do not really want a genuine resolution of the dispute because the dispute was contrived.

    The Rivers State crises are contrived and the sponsors do not really want any genuine resolution unless that which will ease out the governor prematurely and incapacitate him politically. Below are the activities of the sponsors of the crises which form the bases for my personal view:

    By the Supreme Court judgment in Fawehinmi & 2 Ors Vs Babangida & 3 Ors, which judgment can be found from pages 604 to 691 of the Nigerian Weekly Law Reports, [2003] 3 NWLR Part 808, the Federal Government cannot constitutionally set up a Commission of Enquiries for any activity outside the Federal Capital Territory as such commissions of enquiry are adjudged residual matters for the states. Presidential spokesman on political matters, Alhaji Ahmed Gulak, clearly, with knowledge of this constitutional incapacity of the National Government, rightly suggested an enquiry into the disturbances – he did not state that the Federal Government should set it up since this is constitutionally impossible, but that such an enquiry should be set up. Since only the Rivers State Government can, and as a responsible and duty-conscious government, it has since constituted a Judicial Commission of Enquiry headed by Justice B. A. Georgewill to ascertain the role played by all in the saga amongst other terms of reference and make appropriate recommendations.

    This exercise is pursuant to the Commissions of Enquiry Law, Cap 30, Laws of Rivers State.

    Because the sponsors of the disturbances are not interested in the resolution as that will not achieve their target, they have filed a suit in which they are seeking to restrain the commission from carrying out its assignment.

    Again, and as is already widely known, the same group wrote to the Senate intimating it that it has instituted an action in court to restrain it from concurring with the House of Representatives on the matter. Whether such a cause of action can be founded in the face of Section 30 of Cap L12, Laws of the Federation of Nigeria, 2004, the court will decide.

    Add to it the fact that up till the time of this writing, none of the five minority lawmakers, not even the one who reportedly ordered that the governor be shot, has been invited by the police or declared wanted.

    The situation therefore is this:

    Intervention by the House of Representatives is said to be premature or unnecessary; in other words, they should not have intervened.

    The Senate is being litigated against to prevent it from intervening; in other words, the Senate, too, should not intervene.

    The Commission of Enquiry in Rivers State set up to investigate the matter and make findings, is being fought in court to prevent it from looking into the matter. In other words, the Rivers State Government, which alone has the constitutional power to set up a Commission of Enquiry into the matter, should also not do anything.

    How, then, will the bloodbath and disturbances be curtailed and prevented from reccurring or escalating? Perhaps, only when the governor is removed by any means whatsoever.

    This is precisely why I do not still agree with those who reason that the National Assembly, like the police in Rivers State, should do nothing until someone dies or the governor is illegally removed or a state of emergency is declared. To the contrary, the National Assembly should receive fulsome commendation from us all, regardless of which side of the divide we stand, because, but for their timely intervention, the police in Rivers State, by now, would be calling for reinforcement and assistance from the armed forces and media practitioners would be refusing posting to Port Harcourt for fear of suffering harm from the inevitable violence and killings that would have inexorably followed the institutional inaction as planned by the sponsors.

    I commend the House of Representatives and the Senate and, indeed, all well-meaning Nigerians, who saw through the plot and rose against it, and urge them to celebrate the intervention for, through it, countless lives have been saved. By this, the National Assembly has proved, beyond doubt, that the primary responsibility of governments is the preservation of lives and property.

     

  • Renunciation of citizenship: matters arising

    Renunciation of citizenship: matters arising

    A central constitution should reflect core values common to all the parts of the whole

    There are minor and major matters arising from the Senate’s recent attempt to cleanse the 1999 Constitution of gender bias or discrimination with respect to constitutional provisions on eligibility of citizens to renounce Nigerian citizenship. Some of the matters address surface issues while others make visible some aspects of the constitution that stand federalism on its head.

    With respect to surface issues, one matter that has arisen is the attempt by Ondo Central Senatorial District voters to invoke the sovereignty located in the citizenry. They had rightly called their senator to order and to find out why he voted for an issue that attempts to subvert their long-standing values. On his part, the Senator has rightly opened up by acknowledging that he voted in error. As there is no human being that is above mistake, it is expected that the enlightened voters in Ondo Central would have no difficulty accepting their senator’s open acceptance of acting in error. What is reassuring about the Akure town hall meeting with their senator is that voters and their senator came to an agreement on whose views should determine representative’s voting pattern in a democracy.

    Unlike the focused discussion between the senator and stakeholders in his constituency, another matter pertains to the claim by senate spokesmen that the section of the constitution at issue is an innocuous one that has nothing to do with underage marriage, which is deemed to have been overtaken by the Child Act of 2003 which states inter alia: “No person under the age of 18 years is capable of contracting a valid marriage and accordingly, any marriage so contracted is null and void and of no effect whatsoever.” Section 29 (4) may not be as innocuous as senators who argue that the matter they considered had nothing to do with child marriage imagine. Is the section at issue not inconsistent with the spirit of the Child Act of 2003 or vice versa? If the act being invoked is superior, then the provision that a married woman shall be deemed to be an adult and thus eligible to renounce her citizenship should not have arisen, on the account that if the person wishing to renounce her citizenship is an underage woman who happens to be married, such marriage should in tune with the spirit of the Child Act of 2003 be null and void and of no effect whatsoever.

    If anything, the principle of constitutional supremacy well captured under the General Provisions section: “If any other law is inconsistent with the provision of this Constitution, this Constitution shall prevail, and that other law shall to the extent of the inconsistency be void. It is conceivable for constitutional strict constructionists to argue that the Child Act of 2003 that says any marriage by any woman under 18 is null and void and the section of the Constitution that says that a woman regardless of her age who is married shall enjoy the privileges of an adult: renunciation of Nigerian citizenship, are inconsistent. Should this happen, Section 29 (4b) might be deemed to be superior to the Child Act of 2003.It is, therefore, right for the senate to opt to remove the section 28(4b), to obviate any ambiguity and to also make the provision gender-neutral.

    Another matter that has arisen most recently is the acceptance by the President of the Senate that the senators were blackmailed into re-inserting the provision that women who are married regardless of their age should be deemed as adults, even when they are not up to 18 years of age. More reassuring is the Senate President’s promise that the senate would look for opportunities to reverse itself on the decision to retain the provision at issue in the constitution, after having failed to do so as a result of blackmail.

    One matter arising that appears to have escaped the attention of the media and media pundits is the confusion inherent in the 1999 Constitution itself, especially its unwillingness to reflect the federal character of the country. It is not surprising that this aspect is overlooked by commentators who do not want to be seen as raising issues about the country’s diversity and the possibility of such interrogation’s capacity to heat the polity. But the voting patterns have unearthed the issue of the failure of the current constitution to reflect the country’s cultural diversity. But the fact that only two senators from the South (one from Edo and the other from Ondo) out of the 73 senators voted to retain section 29(4b) indicates visible ideological or value differences between the North and South of the country, a natural illustration of cultural diversity.

    If the provision of this section pertains to religious sensibilities, many of the senators from the South are Moslems and should have voted for retention of section 20(4b). It must be cultural: one section of the country appears to believe that women should have the same rights as their male counterparts, including the opportunity to acquire education that can enrich their citizenship and humanity. The other section appears to favour a constitution that gives men the opportunity to marry women who have not attained the age of majority while also wishing that female victims of underage marriage should keep some of the privileges that accrue only to citizens above 18 years of age. It is important for a federal constitution to allow parts of the whole to keep values that are dear to them without giving the impression that such values apply to other sections of the federation. For example, in the United States, California does not accept capital punishment while Texas does. Conflict is prevented by allowing each state to have its own constitution.

    A central constitution should reflect core values common to all the parts of the whole. Embedding culture-specific practices of a section in a national constitution shows bias. The section that allows women who are married to have the privilege of renouncing their citizenship while other women or men of their age in other cultures do not have that privilege is clearly partial to the cultures of Northern Nigeria. Given the history of the current constitution as a document that was imposed on the nation by military autocrats, it is not unexpected that such provisions exist in a constitution authored by military dictators. What should not be expected in the second decade after the exit of military dictatorship is for elected lawmakers to assign a sacred status to a constitution imposed on the nation, even if this had happened through blackmail,to cite the Senate President’s assessment.

    The fundamental issue calling for attention is the rightness in having a federal constitution that reflects only the values of a section of the country. Whatever might have been the motivation for Senator Yerima’s objection to removal of section 29(4b), the result of the votes to uphold Yerima’s objection or blackmail suggests that Yerima must have spoken for about half of the nation, the section of the country that produced 71of the 73 votes cast to sustain Yerima’s position. If anything, what happened in the senate in respect of section 29(4b) indicates that the current structure of governance cannot be made any more federal by the lawmakers elected under the 1999 Constitution. It may be better for political leaders to stop playing the Ostrich on the issue of the demand for a properly negotiated constitution, first for the country as a whole and, second, for each of its constituent parts.

  • Senate to set up financial ombudsman office

    Senate to set up financial ombudsman office

    Nigeria will join other countries like Britain, South Africa, India, Malaysia and Singapore if a bill, which seeks the establishment of Nigerian Financial Ombudsman, scales through the scrutiny of the National Assembly.

    The bill, sponsored by Chairman, Senate Committee on Banking, Insurance and other Financial Institutions, Senator Bassey Otu has already sailed through second reading in the Senate.

    Speaking at a public hearing on the bill on Thursday, Otu said the bill seeks to establish the Office of the Nigerian Financial Ombudsman as an independent body charged with the responsibility for resolving financial and related disputes in the country’s financial services.

    He noted that the disputes to be resolved could be between individuals, financial institutions, regulators in the financial institutions and regulators in the financial services sectors.

    The lawmaker noted that he strongly believed that the bill when passed into law would speed up the administration of justice in the country and also decongest the regular courts of cases that may have to wait for a very long time.

    He said that the Financial Ombudsman system is fast assuming a global dimension.

    He added, “The Finacial Ombudsman service was set up by the British Parliament in 2001 while in Malaysia, the Financial Mediation Bureau was established in 2005.

    “In Singapore, it is known as the Financial Industry Dispute Resolution Company whereas in South Africa and India, it was established as the Ombudsman for Banking Services and Banking Ombudsman Office respectively.”

    He noted that on the whole, all Financial Ombudsman system have one thing in common which is to represent a cost-effective dispute resolution mechanism which gives the customer a strong voice in the financial services sector.

     

     

  • Senate may pass 2013 amended budget today

    Senate may pass 2013 amended budget today

    The Senate may pass the 2013 amendment budget today.

    The controversial budget scaled second reading in the Senate on Tuesday with Senate President, David Mark, directing the Appropriation Committee to work and return the budget for consideration within 24 hours.

    The bill seeks to authorise the issue from the Consolidated Revenue Fund of the Federation the sum of N4, 987, 220,425,601.

    In line with the directive, Chairman, Senate Committee on Appropriation, Senator Ahmed Maccido (Sokoto North), presented the report of his Committee to the Senate in plenary yesterday.

    The upper chamber should have considered the report immediately after presentation, but Senate Leader, Senator Victor Ndoma-Egba, said that the lawmakers should be given some time to go through the work of the Appropriation Committee, arguing that it was necessary for Senators to acquaint themselves with report of the Appropriation Committee.

    A source told our correspondent that barring other considerations, the budget would be considered and passed today.

    He noted that it became necessary to expedite action on the budget because the Senate would be proceeding on its vacation.

    Mark urged his colleagues to take their oversight function more seriously to ensure faithful implementation of the budget.

    He explained that the National Assembly needed to pass the amendment bill to ensure that workers get their salaries as at when due.

    The Presidency categorised the amendment budget which cuts across the expenditure with some categories designated as critical and important.

    Specifically, the Presidency captured some capital projects the allocation of which were reduced in the previous amendment and restored in the current one to promote national development.

    The Presidency prayed the National Assembly to restore the reductions.

    The reductions made by the National Assembly included Abuja-Lokoja read, reduced by N4billion; Kano-Maiduguri road, reduced by N3.5billion; dualisation of Ibadan-Illorin section Two, reduced by N5.5billion; rehabilitation of Jebba Bridge, reduced by N1.25billion; rehabilitation of burnt Marine Bridge and Iddo Bridge, reduced by N1b and Special Intervention Fund for emergency roads and bridges across the country, reduced by N6.28billion.

    Ndoma-Egba also highlighted reductions made in health, power, education and transportation which President Goodluck Jonathan wanted restored.

    He argued that considering the fact that unemployment is one of the country’s major concerns, there is need for budgetary allocation to the community service, women and youth empowerment programme under the Subsidy Reinvestment and Empowerment Programme (SURE-P.)

    He added that the proposal of N27 billion proposed in the 2013 Appropriation Bill as presented by President Jonathan should suffice against the N9 billion approved by the parliament.

    He noted that the cut would have the adverse effect of severely undermining the capacity of the country to create jobs needed for the teeming unemployed youths, women and physically challenged citizens.

    He craved the cooperation of his colleagues to restore the SURE-P budget.

    Minister of Finance and Coordinating Minister for the Economy, Mrs. Ngozi Okonjo-Iweala, was quoted earlier to have said that the Federal Government may find it difficult to pay salaries of civil servants if the National Assembly fail to pass the amendment budget.

  • Senate to pass 2013 amended budget Thursday

    Senate to pass 2013 amended budget Thursday

    All things being equal the Senate would  pass the 2013 amendment budget on Thursday.

    The controversial budget scaled second reading in the Senate on Tuesday with Senate President, David Mark, directing the Appropriation Committee to work and return the budget for consideration within 24 hours.

    The upper chamber had earlier vowed not to consider the budget due to some differences with the Presidency on some areas of the proposed amendments.

    The bill seeks to authorize the issue from the Consolidated Revenue Fund of the Federation the total sum of N4, 987, 220,425,601.

    In line with the directive of the Senate President, Chairman, Senate Committee on Appropriation, Senator Ahmed Maccido (Sokoto North) presented the report of his committee to the Senate in plenary on Wednesday.

    The upper chamber should have considered the report immediately after presentation of the report, but Senate Leader, Senator Victor Ndoma-Egba, said the lawmakers should be given some time to go through the work of the Appropriation Committee.

    Ndoma-Egba said that it was necessary for Senators to acquaint themselves with report of the Appropriation Committee.

    A source told our correspondent that barring other considerations, the budget would be considered and passed on Thursday.

    He noted that it became necessary to expedite action on the budget because the Senate would be proceeding on its vacation.

    Mark urged Senator to take their oversight function more seriously to ensure faithful implementation of the budget.