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As National Assembly breathes again -By Adewale Kupoluyi

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Constitutional Amendment Why the National Assembly Cannot Ignore the President’s Letter By Femi Falana

 

It is disheartening to note that the credibility crisis befalling the Senate may not be over so soon going by the latest discovery that the Nigeria Police Force had concluded its assignment of probing into the forgery allegation of the Senate Standing Orders used for electing the Senate President, Dr. Bukola Saraki of the All Progressives Congress (APC) and his Deputy, Ike Ekweremadu of the Peoples Democratic Party (PDP). Media reports say the police report had confirmed that the Standing Rules used to inaugurate the 8th Assembly were forged. This discovery led the police to recommend the prosecution of those found culpable of forging the said orders.

The report, which was said to have been submitted to President Muhammadu Buhari, was said to have found the management of the National Assembly and the Clerk, Salisu Maikasuwa, culpable. Acting on a petition by Senator Sulaiman Hunkuyi of the APC, the police had earlier quizzed both Ekweremadu and Maikasuwa over the allegation. The petitioner had claimed that some parts of the 2015 Senate Orders were different from the ones ratified by the 6th Senate in 2010, which was used by the 7th Senate as Standing Orders in 2011.

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Those reported to have been interrogated by the police included the immediate past Senate President, David Mark; former Senate Leader, Victor Ndoma-Egba; and the former Chairman of Senate Committee on Rules and Business, Ita Enang. The controversial 2015 Senate Standing Orders, Rule 3, which provides for the election of presiding officers, has shown that it is actually different from the 2011 Senate Orders, for instance, Rules 3(e) (i) and (ii) have been included in the 2015 document to accommodate electronic voting and secret ballot (Italics mine), whereas secret ballot and ballot papers were not specifically mentioned in the 2011 Standing Orders. Similarly, the Senate Order 3 (e) (ii) of 2011 states that “voting shall be conducted by the Clerks-at-the Table, using the Division List of the Senate with the Tellers in attendance.
The Clerk of the Senate shall submit the result of the division to the Clerk of the National Assembly. “(iii) The Clerk shall then declare the Senator-elect, who has received the greater number of votes, elected as President of the Senate”, is said to have been doctored to read: “Voting by secret ballot, which shall be conducted by the Clerk-at-Table using the list of the Senators-elect of the Senate, who shall each be given a ballot paper to cast his vote with the proposers and seconder as Teller. The Clerk of the Senate shall submit the result of the voting to the Clerk of the National Assembly who shall then declare Senator-elect, who has received the highest number of votes as Senate President-elect”.

Apart from the ‘alteration’ to the procedure for election, Order 95 of the 2011 rule on the chairmanship and membership of the committees is also not the same with the 2015 version. In the 2011 document, provisions in Order 95 read, “The membership of all committees shall not be less than 11 and not more than 13 senators. (2) No senator shall serve in more than three committees (3) No committee chairman shall serve in more than one other committee”.

Whereas, the new insertion into the amended version states that; “The appointment of Senators as Chairmen and members of committees shall be carried out in such a manner as to reflect the six geo-political zones of the country and there shall be no predominance of senators from a few geo-political zones”. Despite denial of falsification by the Senate leadership, some senators who served in the 7th Senate and should know better have disowned the 2015 edition of the Senate Standing Orders (as amended).

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Members of the current 8th Senate across parties were also said to have denied being part of the amendment process. No doubt, the 8th National Assembly has been riddled with acrimony from day one thus affecting its credibility and sincerity of purpose for a nation that is seriously yearning for good governance. The House of Representatives too does not fare any better.

It has been a case of one clash between rival factions of the majority APC or the other, making it extremely difficult for the lawmakers to settle down to do any serious legislative business. Regrettably, many Nigerians feel that our moneygulping legislature have performed below expectations over the years.

The crisis in the Upper Chamber has created avoidable tension and wreaked havoc by putting the APC leadership in disarray, making it virtually impossible for the legislators to do any significant work since in inauguration in June. As is done in other climes, both the Senate President and his deputy should have stepped aside by now while further investigations continue since the police investigation had established that the rules used for their elections were criminally forged. Unfortunately, politicians in this part of the world do not seem to be sensitive to such calls to allow for transparency and diligent investigation.

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Rather, what we heard after the police report was submitted was that the Senate unanimously passed a vote of confidence on its President, his deputy and other principal officers appointed by the various caucuses of the chamber following a motion sponsored by 81 senators from both the APC and PDP! The crisis in both chambers of the national assembly could have been avoided if the members had obeyed and honoured the arrangements put in place by their political party, afterall they were voted into the parliament on that platform.

Hence, the principle of party supremacy should have faithfully been observed and upheld. Without prejudice, what those who have decided to work against the instructions of their political parties fail to realise is that they are gradually destroying their political future in the sense that by such disobedience, many people would perceive them as being untrustworthy, inconsistent and over-ambitious.

Hence, what looks like a temporary gain could actually be a colossal loss for them on the long run. As a way forward, the Buhari administration should ensure that those found culpable in the police report are made to face the full wrath of the law within a reasonable time. The APC should explore a more decisive way to call their members to order in the interest of the nation as we cannot continue this way. The business of legislating is too sensitive, important and strategic to democratic governance that it should not be sacrificed on the altar of mere party politics.

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Written by Adewale Kupoluyi (@AdewaleKupoluyi) from Federal University of Agriculture, Abeokuta.

 

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