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Senate disagrees with Buhari, turns down request to delete section 84(12) of Electoral Act

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The Senate on Wednesday turned down President Muhammadu Buhari’s request to amend the Electoral Act, 2022, which specifically asked for section 84(12) to be outrightly deleted from the act.
This followed the failure of the Electoral Act Amendment Bill to scale through second reading on the floor during plenary. 

The proposed law, “A bill for an Act to Amend the Electoral Act 2022” was overwhelmingly rejected during its second reading

Before a voice vote on the bill, for which the nays had it, several lawmakers spoke against going ahead to amend the Actt and urged that the Senate abide by a court ruling, which stopped the National Assembly from tampering with the electoral law.

President Buhari had, in a letter to the National Assembly last week, asked the federal lawmakers to amend the Act, by deleting Section 84 (12), which, according to him, constitutes a “defect” that is in conflict with extant Constitutional provisions.

The section required political appointees to resign their appointment before participating in primary elections.

A Federal High Court in Abuja on Monday barred President Buhari, the Attorney-General of the Federation (AGF) and the Senate President from tampering with the Act.
The judge, Inyang Ekwo, in a ruling on an ex-parte application by the Peoples Democratic Party (PDP), said the Electoral Act had become a valid law and could not be amended without following the due process of law.
The Court maintained that the Electoral Act, having become a valid law could not be altered without following the due process of law.
But the Senate President, Ahmad Lawan, on Tuesday, said the court ruling would not stop the National Assembly from amending the Electoral Act 2022.
He said the court ruling violated the provisions of the 1999 Constitution (as amended) on Separation of Powers
In the move to reject the bill Senator Adamu Aliero fired the first salvo for the bill to be stepped down after the Senate Leader, Yahaya Abdullahi, moved a motion for the bill to be read a second time. 
Aliero, who came under a point of Order, drew the attention of his colleagues to the provision of Rule 52(5) of of the Senate Standing Order. 
Order 52(5) provides that, “Reference shall not be made to any matter on which a judicial decision is pending, in such a way as might in the opinion of the President of the Senate prejudice the interest of parties thereto.”

He, therefore, advised the upper chamber to step down consideration of the bill pending the vacation of a court order delivered by the Federal High Court, Abuja, on Monday. 

According to the Lawmaker, going ahead with the amendment of the Act was in clear conflict with the sub judice rule in law which prevents the legislature from deliberating or considering any matter already before a court of competent jurisdiction. 

“Going ahead to consider the bill obviously will mean that we are disrespecting that order, and this is an institution of the Senate – the symbol of Nigeria’s Lawmaking body. 

“We should not be seen to be disobeying the court order. No matter how bad that court order is, we should respect it.

“So, I’m of the opinion that we should stop considering this bill pending the time the court set aside that order, and I think I’m speaking the opinion of my colleagues here”, Aliero said. 

The Senate President, while ruling on Aliero’s point of Order, insisted that the move by the upper chamber to amend the Electoral Act was in line with exercising its Constitutional duties amid following due process.

“To be specific to this particular request, for us in the Senate, it is to look at the request and follow our due process.
“Looking at the request does not mean granting the request. Members of the National Assembly are at liberty to review the request to see if the arguments by the Executive arm of government are convincing enough. 
“If the arguments are not convincing enough, the National Assembly can deny the request, and that is how it is. We have no incumbrance from that order.
“So, it is for Senators here to decide to vote for this amendment or vote against it.
“I think we are not breaching any law, in fact, we are trying to promote democracy because to do otherwise may mean that one day someone will go to court and say that the Senate of the National Assembly should not sit.
“I want to appeal to all of us, that we are on the right course and my ruling remains that we are going ahead to consider the proposal which the Leader of the Senate is leading the debate.

“At the end of the debate, we are going to vote, and the vote will decide the fate of the bill.
“I’m sure all of us know that whatever we do here is to protect democracy and the sanctity of the upper chamber”,  the Senate President said. 

The Senate Leader, was then given the floor to lead the debate on the Electoral Act Amendment bill.
Contributing to the debate, Senator Enyinnaya Abaribe (Abia South), kicked against the deletion of Section 84(12) of the Electoral Act Amendment Bill as requested by President Buhari.
He said, “There are certain things that we see which we think we don’t even have to come here to debate.

“One of those things is the fact that in every democracy, all over the world, there are certain rules which we don’t need to be told about.
“One of those rules is the fact that you cannot be a referee and a player on the same field. It is either you’re a referee or a player.
“So, every other place in the world where democracy is practiced including Nigeria, we don’t need to be told that if we want to run for office, we have to resign. That is a sine qua non that we don’t even need to debate. 

“Yet here we are today in Nigeria, and people think they can sit in an office and contest an election and become candidates and continue to sit in that office until the date of election. 
“So, how would we continue to debase democracy in this way? 
“Mr. President, I think, a cursory look at this paper shows that this paper is dead on arrival. And I urge you my colleagues, to help us to continue to deepen democracy by insisting that this bill not be read a second time in any manner whatsoever.”
Smart Adeyemi (Kogi West), who was also opposed to the consideration of the bill said, “one of the hallmarks of democracy  is Justice, Fairness and Equity.

“Indeed, Mr. President, it is a settled matter in law that you cannot be a judge over you own case.
“In any election, where people have the added advantage of holding executive power, either by proxy or directly or by appointment, for such people to have access and compete with others who came from the street, I think is an unjust society.
“Therefore, Mr. President, I disagree with all the arguments on the need to consider a decision that has already been settled.”

A move by the Deputy Senate President, Ovie Omo-Agege, to sway his colleagues was unsuccessful.
The bill, when eventually put to a voice vote for second reading by the Senate President after its consideration, received a resounding ‘nay’ from Senators in the majority across party lines

During the voice votes, a drama had ensued as Lawan after calling out for votes was shocked that the Ayes was a lonely voice for which he decided to repeat the call asking his colleagues whether they did not hear him.
After the repeated call for votes the Nays still had it overwhelmingly

The Senate leader Yahaya Abdullahi while leading the debate said, “Permit to lead the debate on this very important bill seeking to amend section 84(12). The bill was read first time on Tuesday

“You may recall that the bill was passed into law and assented to by the President and commander in chief on the 25th February 2022, however the president expressed reservation on section 84(12) which states as follows, No political appointee at any level shall be a voting delegate or be voted for at the Convention or Congress of any political party for the purpose of the nomination of candidates for any election in cases where it holds earlier than 30 days earlier to the national election.

“This provision has been interpreted by as being interpreted by the executive arm government as introducing qualification and disqualification criteria that are ultravires to the Constitution by way of disqualification of serving political office holders.
“It is my humble opinion that this proposed amendment be looked into by this distinguished senate which can come out with an objective position that will strengthen our electoral processes as well as our democratic disposition.

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Legislature

Akpabio rejects one minute silence for dead innocent civilians in Okwoma

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***Insists, killers of soldiers may not be Niger deltans, Nigerians

The President of the Senate Godswill Akpabio on Tuesday rejected an ammendment to the prayer for a minute silence for innocent civilians just like the 16 soldiers who were gruesomely murdered in Okwoma in Delta State because the Senate was yet to ascertain their number.

Akpabio had also expressed doubt that those involved in the gruesome murder of 16 soldiers in Delta State are from Niger Delta or even Nigeria.

This was as the prayer for a minute silence for Innocent civilians who also lost their lives in the Okwoma community was turned down by Akpabio.
Some military personal who were involve in not just trying to keep peace but to ensure that the resources of the country are not stolen on Thursday, March 14, were attacked and killed at Okuama Community in Ughelli South Local Government Area of Delta State. 

While reading out the Prayers in the motion on the Killing of Nigerian Army Personnel in Okuama Community, Delta State and the Necessity for an Urgent investigation sponsored by Senator Abdulariz Musa Yar’adua Chauman, Senate Commitiee on Nigerian Army, Akpabio read the first prayer which was to observe a minute silence for the murdered soldiers.

Prayer one, “Observe a minute silence in honour of the military personnel who lost their lives on Thursday 14th March, 2024 in Okwoma community in Delta State which was unanimously adopted by the senate

He asked if there was any ammendment and Senator Ede Dafinone who wanted an ammendment said, “I will like to suggest that the Senate also recognized the innocent civilians in Okwoma who also lost their lives in this process, if we are observing a minute silence for the soldiers that were brutally murdered in this fracas, I believe also the innocent civilians in Okwaoma should also be recognized in a similar way. I am talking of the innocent Civilians sir.”

However, Akpabio interjected saying, 
“The number of the innocent civilians you are talking about are not yet known to the Senate. I am not saying that no innocent Civilian died. I am saying that what we know is the death of our gallant soldiers were murdered in a very horrific manner. 

“So I will take your ammendment to say that observe a minute silence in honour of those military personnel who were murdered in a horrific manner on Thursday the 14th day of March in Okwoma community of Delta state.

Ned Nwoko (Delta North) had Seconded the motion ably moved by Senator Dafinone that prayer one be amended to include a minute silence for the innocent Civilian who lost their lives on the 14th of March and Akpabio acknowledge it to be the second prayer however

However, he read the second prayer which urged the Federal Government to ensure that those responsible for the heinous crime are identified, apprehended and are made to face the full wrath of the law through a fair and transparent legal process fir which the ayesha had it.

Again, Senator Dafinone moved for another additional prayer to urge the NEMA to reach out and bring relief materials to innocent civilians in Okwoma

However, Akpabio again interjected saying the innocent civillians you are referring to, we don’t have the record of them yet, to give relief materials to those who are killed? Or those who killed, how when they were the ones who killed?

‘I don’t believe that these people are from Niger Delta, those who did the killings because we respect our men and women in uniform, that is why I am saying your additional prayer should actually be to carry out a thorough investigation to know whether these were mercenaries from outside Niger Delta who came in to commit this crime, because I dont think these people are Niger Deltans.
“We are not at war, even in the field of war to lose such number of personnel, no community will go to the extent of doing this kind of thing. I don’t think they are from Niger Delta.
“I think the first point should be that we should first establish the culprits who committed this crime. We must take it seriously, supposen they arenot from Niger Delta? supposen they are not even Nigerians? We will now come and talk of giving relieve materials to people that have killed. People should stand up for the consequences of their crime we don’t support relief materials.

“Like I said this is a very shocking, horrifying and unfortunate incidence and every right thinking man must condemn it and must also mourn the lost of our personal who were involve in not just trying to keep peace but to ensure that the resources of the country are not stolen because that is Niger Delta.

“Whatever it is we have to find a way to reduce the involvement of the military in internal security so that police can do their work. 

“This has happened, while we condemn it we must as a senate set up a committee to do proper investigation and then of course come up with recommendations particularly to ensure that the culprits are brought to book and then we find a way to console the families and then also console the leadership of the Armed Forces of the country.”

Another resolutions of the Senate was to urge the recruitment and training of more police personnel to take up the job of policing responsibilities while the Nigerian Army plays its primary role in the affairs of the country.

It also urged the Federal Government to embark on enlightenment campaign to sensitize the public on their civic responsibilities as it affects their relationship with security agencies.

The Senate had condemned in clear terms the gruesome murder of 15 Nigerian Army Personnel in Okuama Community, Delta State and call for an investigations into this act of criminality. 

This is as it called for a compensation for the families of the deceased soldiers whilst investigations are ongoing.

Presenting the motion, the chairman of the Senate Commitee on Nigerian Army, Senator Yar’Adua noted that the recent tragic incident that resulted in the loss of a Commanding Officer, 2 Majors, a Captain, and 12 soldiers, highlights serious threat to the security and stability of the country. 

“Troops of 181 Amphibious Battalion, while on a peace mission to Okuoma community in Bomadi LGA of Delta State were surrounded by some community youths and killed on Thursday, 14 March 2024. The unfortunate incident occurred when the troops responded to a distress call after the communal crises between the Okuama and Okoloba communities both in Delta State. 

“The tragic incident involving the attack on military personnel from the 181 Amphitropous Battalion during the peace mission to Okuama community in Delta State underscores the urgent need for justice and accountability without resorting to retribution.”

The lawmaker voiced concern over the understaffing of the Nigeria Police which has made Nigeria’s military to take over internal policing duties such as, organised crime, oil theft, communal crisis, kidnapping, banditry and other policing responsibilities. 

He also recalled when the Defence Headquarters (DHQ) previously reported in August 2023 the loss of 36 Military Personnel in Niger State, underscoring the persistent challenges faced by the Armed Forces in carrying out their duties. 

“There is a critical requirement for a more streamlined and deliberate collaboration between the armed forces and law enforcement agencies on one side and the Nigerian populace and communities on the other. 

“This collaboration is essential to foster trust, enhance security measures, and promote a sense of shared responsibility in preventing such tragedies in the future,” he added.

On his part, Senator dafinone requested the Senate to show some concern in handling the situation.

According to him, if the matter is not carefully handled, it will lead to a further breakdown of law and order

“We need to commensurate with the people of Okuama Community over the loss of lives of some of the innocent indigenes in the unfortunate incident. 

“I therefore plead with the President, the Defence headquarters and the Chief of Defence Staff to please tamper justice with mercy and not punish an entire community of Okuama for the sins of a few unscrupulous elements,” he added.

Contributing to the motion, Senator Barau Jibrin (APC, Kano North) lamented over the inhumane act of the murderers of the military men. 

He said, “What happened is despicable. It is inhuman and it is something that cannot be accepted. We need to commensurate with the Nigerian Armed Forces and indeed the entire nation, to condole the immediate families of the fallen heroes and the Nigerian military for what happened. 

“These were men that were trained by the Nigerian government and huge resources spent on them to defend the territorial integrity of this country and keep us safe as a nation.

“Now, they were killed for no reason; not at a time of conflict, not at the war front, they were just murdered in the worst fashion that you can think about. 

“It should be condemned, what happened is inhuman and no stone should be left unturned in trying to find out the culprits who are responsible and they must face justice and this should never happen again in this country.

“The military is doing their best trying to deal with kidnappers, bandits and a host of others challenges, trying to make us safe and now some people decided to go and murder these people and I believe that it is something that we should all condemn and proffer solutions too,” he added. 

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Anchor borrowers loan Default: Senate asks CBN to debit commercial Banks at Source

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Apparently piqued over the level of loan default by beneficiaries of Anchors Borrowers Programme of the Central Bank of Nigeria (CBN), the Senate has ordered the apex bank to debit the account of commercial banks that guaranteed the loans

The Senate adhoc Committee set up to investigate the printing of N30 Trillion by the CBN through its Ways and Means overdraft and the disbursement of Anchors Borrowers Programme under the Muhammadu Buhari administration issued order at its inaugural sitting on Tuesday.
At its session with officials of the apex bank led by Deputy Governor, Corporate Services, CBN, Bala Bello, the Senate adhoc team led by Senator Jibrin Isah, was peeved that the outstanding sum of N358billion stands the risk of being categorised as bad debt.

Senator Isah who was not impressed with explanations offered by officials of the apex bank to restructure the loans asked the apex bank to go after the collaterals offered by the defaulting beneficiaries, through the Commercial Banks
He said:”They defaulted and why do they default. You can’t restructure the loan forever.! You can go after the collateral, you must up your games, we need to recover these monies. We can’t continue to restructure forever.
“We are talking about N358b that hasn’t
been repaid and at the risk of default.
“For those that have defaulted, I suggest that we put a peg on the interest . Our focus should be on the principal. On that, those loans must have been guaranteed by the banks. I want to believe that those banks must have covered their backs through collateral. I am sure no bank will grant loans without collateral . “They must open up to you. We have the power to go through the whole hog by debiting them at source. We can do that, let them go to Court.”
Deputy Governor, CBN, Corporate Services, Bala Bello expressed regrets over the lack of supervision by the immediate past management of the CBN under its erstwhile Governor, Godwin Emefiele.
He assured the lawmakers that the new management was doing everything possible to recover outstanding loans.
“On our own part, I want to tell you that the new management of CBN have given us a mandate to get the money back. We are under responsibility to recover these money, they belong to tax payers. It saddens my heart to answer questions on things we don’t know. But we inherit both assets and liability. Things could have been done better.”
Speaking on the Ways and Means advances, the Chairman of the Senate adhoc Committee expressed disappointment that the CBN Act was observed in the breach by its immediate past Governor, Godwin Emefiele whom he noted unilaterally approved loans without recourse to the statutory approving authority, the Committee of Governors.
“Under the Ways and Means, Committee of Governors should have been the approving authority. But the CBN Governor did not do that, he unilaterally approved.
“We also want to know the total figure of the Ways and Means because what we have here, the figure didn’t add up. We want to know who got what . ”

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Reps panel on Housing, Habitat Receives New REDAN President

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***Sets up Joint Committee to Review RECON Bill

By Ben Ogbemudia, Abuja

The House of Representatives Committee on Housing and Habitat led by Hon. Aminu Balele on Wednesday received in audience the newly elected President of Real Estate Developer’s Association of Nigeria (REDAN) Prince Adeoye Akintoye in his office.

The committee members who were excited to receive the REDAN 7th Executive members unanimously agreed to turn the visit into interactive session.

Hon Balele while welcoming the Prince Adeoye Akintoye and his Executive members to the National Assembly said the committee is ready to work with them particularly in the area of amending some acts that will help regulate the housing sector in Nigeria.

The Chairman of the committee and its members therefore agreed on a joint committee with REDAN to look into the RECON Bill.

According to Hon. Balele, “we appreciate your coming at this critical time where there is a lot of changes.

“We are going to work together and we are going to come in where you want us to come in, particularly in an area whereby we can amend some acts and other things. An area whereby we can collaborate with other committees to work hand in hand to better the housing situation in Nigeria.

“There are a lot of areas we can touch together, like the issue of people running houses without certificate, this is something we should look into. We need to do this urgently. And so, we are going to set up now a joint committee between you people and our committee to seat down and look at the area that needs an amendment. We assured you that we will push it with our colleagues in Senate and through to the President for absent.”

Earlier, the President of Real Estate Developer’s Association of Nigeria (REDAN) Prince Adeoye Akintoye said REDAN as an advocacy group that will always advocate for the cost of housing and all matters pertaining to allied matters around Housing sector.

Prince Adeoye Akintoye said Housing industry remains one of the avenue to provide employment in a very humongous capacity.

While he strongly believe that working together with the committee will go a long way to change the face of housing in Nigeria, he therefore solicited for the National Assembly help in scaling through the RECON Bill which the 9th Assembly earlier passed but was not absent to by President Asiwaju Bola Ahmed Tinubu.

“There are so many things that we can push together, concerning the land administration system in Nigeria , I think we have to do more. We practitioner represent property development companies today and the sector is not well controlled. We have signed a strategic agreement with SCUML, EFCC to collaborate with them in shipping out the bad eggs in the built industry.

“We brought a bill and the bill was passed by this honourable house at the last assembly. Both the senate and the House of Representatives, passed the Bill, but getting to the presidency it was not signed and I think that bill has lapsed now.

But today, we will be seeking the help of this honourable committee because we like to bring the bill back. So , our plea is in the area of Synergy, the area of collaboration and the area of advocacy. We assure you that we will not do anything that is outside the law. whatsoever subject that we are asking you to involve in, it will definitely be to the benefit of Nigerians and for the good of the country. When REDAN starts to lend their voice and participate in the renew hope agenda, many Nigerians will get more shelter.

The REDAN President however reminded the committee that, Alh Jakande was the 1st president of the group and by the grace of God he is the 5th president.

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