EZREL TABIOWO highlights some issues that signpost the third year of the seventh Senate which ended penultimate week
Defection
The unity of the Senate under the leadership of its President, Senator David Mark, was during its third legislative year put to test and obviously threatened by the intended defection of some Peoples Democratic Party (PDP) lawmakers to the All Progressive Congress (APC). The affected lawmakers are Senators Bukola Saraki-Kwara Central; Umaru Dahiru-Sokoto South; Magnus Ngei Abe -Rivers South-East; Wilson Asinobi Ake-Rivers West; Bindawa Muhammed Jibrilla-Adamawa North; and Mohammed Danjuma Goje-Gombe Central.
Others are Senators Aisha Jummai Alhassan-Taraba North; Mohammed Ali Ndume-Borno South; Mohammed Shaba Lafiagi-Kwara North; Abdullah Adamu-Nasarawa West; and Ibrahim Abdullahi Gobir-Sokoto East.
The planned defection of the PDP lawmakers however took a new turn on February 11 when a drama played out on the floor of the Senate, as Senate President David Mark consistently rejected the formal notification of defection by the said lawmakers.
Mark, who ruled the lawmakers out of order one after the other, explained that the Senate would not consider any matter related to the defection of the senators, pending the outcome of the ruling of the Federal High Court in a suit filed by the APC seeking restraint on the leadership of the National Assembly from declaring the seats of the defecting lawmakers vacant.
Immediately after adopting the day’s proceedings, Saraki rising under order 15 of the Senate standing rules dwelling on “privileges,” read out a defection letter to the Senate, notifying the upper chamber of the intention of 11 senators to defect from the PDP to the APC.
Mark overrules
The senate president, however, overruled the Kwara lawmaker, saying the issue of defection was not a matter of privilege as he could not take on a matter already before the Federal High Court.
The Minority Leader, Senator George Akume, rising under order 14 of the standing rules of the Senate, moved to speak in defence of the defecting lawmakers, but was met with another brick wall hauled at him by the senate president, who said the Akume leader lacked the right of intervention, given that there was no breach of privilege on his part.
The consideration of bills slated for the session were intermittently interrupted with orders raised by some of the defecting lawmakers who took turns to denounce their membership of the ruling party.
Chairman of the Senate Committee on Information, Media and Public Affairs, Senator Eyinnaya Abaribe, while briefing newsmen on the matter, said it was the resolve of the Senate to “maintain the dignity of the upper chamber.”
He said: “Let me make certain things clear. First of all, everybody is a member of the Nigerian Senate, elected on a platform. When you are elected, you are given a seat and if you have to move there are rules that you have to comply with.
“Nothing in that rule says if you come and just make a voice statement, that will be sufficient. When you come via a a point of order, the Senate president must rule on it and at a time that he rules you out of order, that means whatever you have said is null and void.
“As far as the Senate is concerned, there has been no movement yet. It is the legal opinion sought by the Senate leadership that played itself out on the floor of the Senate today in which the senate president said the matter is in court and he is legally bound to abide by the rule which says once a matter is in court, you cannot comment on it.”
Abaribe also attributed the inability of the Inspector General of Police, Alhaji Mohammed D. Abubakar, to appear before the Senate to “scheduling problems” that couldn’t be resolved yesterday.
Call for sack of defecting lawmakers
But the defection drama took a different turn when on February 12, some PDP senators made a surprise move against the eleven defecting senators asking that their seats be declared vacant.
Senator Ita Enang (PDP, Akwa-Ibom), rising under order 14 of the Senate standing rules which dwell on matters of “privilege”, cited section 68(g) of the 1999 constitution as amended.
lawmaker moved on the strength of the section of the constitution that the seats of the eleven senators be declared vacant. Enang argued that the decision of the lawmakers to defect from the PDP to the APC in the absence of any division within the ruling party, made it mandatory for the lawmakers’ seats to be made vacant.
The section reads: “A member of the Senate or of the House of Representatives shall vacate his seat in the House of which he is a member if–being a person whose election to the House was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected: provided that his membership of the latter political party was not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored.”
Consequently, the development to declare the seats of defecting lawmakers vacant, came as a surprise and rude shock to all eleven, but was however stalled by Mark, who ruled that same was not feasible in view of the pending suit before the Federal High Court against the Senate by the APC.
Mark said his ruling was in strict adherence to Section 53(5) of the Senate standing rules.
Passage of bills
The chairman, Senate Committee on Rules and Business, Senator Ita Enang while briefing newsmen recently, disclosed that the seventh Senate during the third legislative year received a total of 187 bills, out of which it passed 13.
Prominent among bills passed during the third legislative year include the 2014 appropriation bill, National Health Bill, Companies and Allied Matters bill, HIV/AIDS anti-discrimination bill, Constitution Amendment bill.
According to the lawmaker, out of the 187 bills received, nine originated from the executive arm of government, while the rest were private members’ bills.
Other notable bills passed by the Senate were the Pension Reform bill, which Enang noted, reflects the sensitivity of the Senate towards the plight of pensioners and Nigerian workers. The pension bill is aimed at regulating the administration of uniform contributory pension scheme for the public and private sectors in Nigeria.
Also passed was the Constitution (alteration) bill, National Health bill, and discrimination of persons with disabilities (prohibition bill).
The discrimination of persons with disabilities (prohibition bill) seeks to ensure full integration of persons with disabilities into the society as well as establish a National Commission for Persons with Disabilities and vest it with responsibilities for their education, healthcare and protection of their social, economic and civil rights.
Senator Ita Enang also assured that the seventh senate will during the fourth and final session ensure the consideration of Senate’s probe reports, as well as pending legislative matters that are of concern and benefit to Nigerians.
2014 Budget
The two arms of the National Assembly on April 10, 2014, jointly passed into law the 2014 Appropriation Bill of N4.695 trillion, a development which saw the figure proposed by the Executive arm to the National Assembly last year December, being raised by N52.2billion.
President Goodluck Jonathan had on the 19th December, 2013 through the Minister of Finance and Coordinating Minister of the Economy, Dr Mrs Ngozi Okonjo Iweala, presented a budget of N4.642trillion, one which was reviewed by the Senate to accommodate an aggregate expenditure of N4.695, 190, 000, 000 trillion that accounts for the raise.
Also, while the executive in the budget proposals fixed $74.00per barrel as bench mark oil price for the budget, the Senate upped same to $77.5 per barrel as earlier reached between the Harmonisation committees of both chambers during the course of consideration.
But other parameters like estimated crude oil production of 2.3883million barrel per day, GDP Growth Rate of 6.75%, Inflation Rate of 9.5% and exchange rate of N160 to one US Dollar tallied with the ones approved by the Senate in the budget passed.
A breakdown of the budget showed that N2.454 trillion is for recurrent (non-debt) expenditure; N1.119 trillion is for contribution to the Development Fund for capital expenditure; N712 billion for debt service, while N408.687 billion is for statutory transfers.
But the initial breakdown of the budget indicated that N2.43 trillion is for recurrent (non-debt) expenditure; N1.1 trillion is for contribution to the Development Fund for capital expenditure; N712 billion for debt service, while N399.687 billion is for statutory transfers.
National Health Bill
Prior to the passage of the 2014 budget, the Senate on February 19, 2014, passed the National Health Bill 2014, which is designed to ‘revolutionise’ the health sector and focus heavily on better regulation and quality.
The Bill, which is for an Act to provide ‘A Framework for the Regulation, Development and Management of a National Health System and set Standards for Rendering Health Services in the Federation, and Other Matters Connected there with, 2014’, also seeks to secure the contribution of one percent of the Consolidated Revenue to the development of primary healthcare, which is being catered for by the local governments.
The bill seeks for States to participate in the improvement of primary health centres through a counterpart fund, which would enable them benefit from the consolidated revenue fund. Fifty percent of the fund shall be used for the provision of basic minimum package of health services to citizens in eligible primary/ or secondary health care facilities through the National Health Insurance Scheme (NHIS), Twenty percent of the fund shall provide essential vaccines and consumables for eligible primary healthcare facilities, fifteen percent shall be for the provision and maintenance of facilities, equipment and transport for PHC facilities and ten percent of the fund shall be used for the development of human resources for PHC.
Chairman of the Senate Committee on Health, Senator Ifeanyi Okowa, while briefing newsmen after the bill’s passage, explained that the Bill which is an executive one also aims at regulating organ transplant as well as provide healthcare services for Nigerians of all classes, including men, women, youth, aged and the disabled citizens of the country.
The lawmaker further informed that the Bill would provide basic health funds needed to effectively finance the sector, adding that it would secure the contribution of one percent of the Consolidated Revenue to the development of the primary healthcare, which is being catered for by the Local Governments.
He pointed out that the new bill would also help Nigeria to achieve the Universal Health Coverage and beat the Millennium Development Goals (MDGs) target.
Amendment of CAMA Act
Also, the Senate in April this year passed a bill that amended the Companies and Allied Matters Act Cap. C20 laws of the Federation, 2004. The bill among other provisions, requires the Corporate Affairs Commission to subject the appointment of its chairman to senate confirmation while also providing for the appointment and functions of Secretary of the commission. Also, the bill among its provision makes it mandatory for the commission to submit its annual estimates and reports to the National Assembly.
Chairman of the Senate
Committee on Trade, Senator Odion Ugbesia, while presenting details of the report for the consideration of the upper chamber, explained that the major objective of the bill was to strengthen the CAC. The lawmaker who emphasised the place of the commission as gateway to the nation’s economy, said the bill stipulates that the appointment of the commission’s board chairman and its members should reflect the federal character principles as provided in the 1999 constitution as amended.
He said the bill recommends that the chairman of the commission shall be appointed by the President of the Federal Republic of Nigeria on the recommendations of the Minister of its supervising ministry.
The lawmaker added that the chairman of the commission, “shall be a person who by reason of his ability, experience or specialised knowledge of corporate, industrial, commercial, financial or economic matters of business or professional attainments would in his opinion be capable of making outstanding contributions to the work of the commission.”
According to Ugbesia, the board would have representatives each from the business community appointed by the minister on the recommendations of the Nigerian Association of Chambers of Commerce, Industries, Mines and Agriculture.
He also stated that the legal profession, accountancy profession, Manufacturer Association of Nigeria, Securities and Exchange Commission, and the ministries of Commerce, Justice, Industry and the Registrar General of the federation would be represented in the CAC board.
Ending discrimination against HIV persons
The Senate in its bid to put an end to discrimination and stigmatization against persons living with the Human Immune Virus (HIV) in the country, passed the HIV and AIDS Anti-discrimination bill during the third legislative year.
The bill among other things, seeks to reduce the HIV burden through the prevention of discrimination and stigmatization on the basis of real or perceived HIV status thereby encouraging voluntary testing and counseling, access to treatment, improved health outcomes and reduction of risky sex behaviours.
Also, the bill accommodates provisions which would ensure that the rights and dignity of people living with and affected by HIV and AIDS is protected, as well as promote appropriate and effective ways of managing HIV in the workplace, community, institutions and other fields of human endeavours.
Constitution Amendment bill
Poised to ensure the fair conduct of elections in 2015, the Senate penultimate last Wednesday, a day before the end of the third legislative year, embarked on voting of new amendments to the 1999 Constitution.
During voting, the upper chamber empowered the Independent National Electoral Commission (INEC) to deregister political parties for non-fulfillment of the provisions of the constitution and Acts of the National Assembly.
The Senate’s decision to empower the electoral body was duly given the nod when lawmakers passed the new proposed amendments to the 1999 constitution with the insertion and passage of a New section 225A.
The new section provides that INEC shall have the power to deregister political parties on any of the following grounds: breach of any of the requirements for registration, and failure to win presidential, governorship, chairmanship of a Local Government/Area Council or seat in the National Assembly.
The senate during voting also passed a new section which altered section 109 of the 1999 constitution by inserting new subsections 109(4) which mandates the clerk of the House of Assembly of a state to notify INEC when there is vacancy in the House of Assembly due to death, resignation or recall.
The new subsection reads: “The clerk of the House of Assembly of a state shall notify the Independent National Electoral Commission in writing within seven days of the existence of a vacancy arising from death, resignation or vacation of seat of a member of the state house of assembly under sections 109 and 110.”
Also passed was clause 4, an alteration of section 134 of the principal Act, that seeks to extend the time for conducting re-run election from 7 to 21 days.
Considering the modest achievements recorded by the highest lawmaking body in three years of the 7th legislative session, one must also add that a lot still need to be done in the area of bill passage.
