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Party Primaries: Senate Amends Electoral Act to allow Buhari, Lawmakers, others Vote

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The Senate, has amended the Electoral Act, 2022, to pave way for ‘statutory delegates’ – all those elected – to participate and vote in the conventions, congresses or meetings of political parties.

In what appears to be a major oversight in the new electoral act, elected party leaders such as the President, National Assembly members, Governors would have been shut out from voting during party primaries.

The Electoral Act as passed into law by President Muhammadu Buhari made provision for only elected delegates, excluding those often referred to as “statutory delegates’.

The amendment came after expeditious consideration of a bill which scaled first, second and third readings, respectively, and was passed during plenary by the chamber after consideration by the Committee of the Whole. 

In his contribution to the debate, Leader of the Senate, Abubakar Yahaya said the proposed amendment  was to “correct an unintended error” of excluding ‘statutory delegates’ from participating in their political parties conventions, congresses and meetings.

The error if not detected and amended could prevent 
“Statutory delegates’ like President Muhammadu Buhari, his Vice, Yemi Osinbajo, President of the Senate, Ahmad Lawan and other members of the National Assembly from participating in their respective party primaries.

Others that would have been excluded include State Governors, and National Working Committee (NWC) members of the various political parties.

Aware of the far reaching consequences, the Senate quickly moved to amended Section 84 of the Principal Act by deleting the existing subsection (8) and inserting a new subsection (8) after subsection (7) to read as follows:

“A political party that adopts the system of indirect primaries for the choice of its candidate shall clearly outline in its constitution and rules the procedure for the Democratic election of delegates to vote at the convention, congress or meeting, in addition to statutory delegates already prescribed in the Constitution of the party”.

With this amendment by Senate, the House of Representatives is expected to within the week work on the same document and concur with the upper legislative chamber before it could be sent to President
Muhammadu Buhari for his assent.
With about three weeks to political parties’ primaries; federal lawmakers may need to exert some pressures on Buhari to urgently assent to the document.

While presenting his lead debate Omo-Agege, indicated that the bill was seeking to amend the provision of section 84(8) of the Electoral Act.
According to him, the provisions of the section “does not provide for the participation of what is generally known as ‘statutory delegates’ in the conventions, congresses or meetings of political parties.”

“The extant section only clearly provides for the participation of elected delegates in the conventions, congresses or meetings of political parties held to nominate candidates of political parties. 
“This is an unintended error, and we can only correct it with this amendment now before us”, the Deputy Senate President said.
The  President of the senate, Ahmad Lawan, indicated that the amendment became imperative in view of the deficiency created by the provision of section 84(8) of the extant Act. 
He said, “The amended Electoral Act of 2022 that we passed this year, has a deficiency that was never intended and that deficiency will deny all statutory delegates in all political parties from participation in congresses and conventions.

“And, therefore, such a major and unintended clause has to be amended before the party primaries starts in the next eight days. This is an emergency legislation, so to speak. 
“Our expectation is that the National Assembly – the two chambers – would finish with the processing of the amendment of this bill, between today (in the Senate) and tomorrow (in the House of Representatives), and then the Executive will do the assent.
“That is so important to enable every statutory delegate to participate in the party primaries right from the beginning that will start on the 18th of May, 2022.
“So, this is an emergency effort to ensure that nobody is denied his or her rightful opportunity as a delegate, especially the statutory delegates, and these are those who are elected.
“These are the President, Vice President, Members of the National Assembly, Governors, Members of the State Houses of Assembly, Chairmen of Council and their Councillors, National Working Committee Members of all the political parties and so on.

“This is a fundamental effort to ensure that we address this within the week, so that by next week, the Electoral Act, 2022 (amended version), will be very salutary for us to start our party primaries.”

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Legislature

Senate approves Bill to change National anthem to “Nigeria, We Hail thee”

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**Counters AGF, insists Bill does not need wider consultation

The Senate on Tuesday approved a Bill to change the current National anthem titled “Arise O Compatriots ” to the old national anthem “Nigeria, we Hail thee”.
Following the consideration of the report of its Committees on Judiciary, Human Rights and Legal Matters, and Federal Character, and Inter governmen Affairs on Tuesday, the Senate passed the bill entitled, “National Anthem Bill, 2024” for third reading.

The Senate passed the bill amidst stakeholders misgivings, including Lateef Fagbemi, the Auditor-General of the Federation and Minister of Justice against hasty passage and the need for a wider consultation.
The bill was read for the first and second time last week Thursday at the Senate. It also received an accelerated hearing at the lower house as it was read for the first, second and third time.

The Bill will be transmitted to President Bola Tinubu for assent. If signed into law, it will be the first time Nigeria’s national anthem will be given legal backing.
Mongu nu Tahir, the Senator representing Borno North, while presenting the report of the Committee during plenary informed that the Bill seeks to give a legal framework to the national anthem “so that it can bite and bite with all the legal powers embedded in it.”

He clarified that the Bill, despite the concerns raised by the AGF does not need to be subjected to a wider process of citizen participation through zonal public hearings, resolutions of the Federal Executive Council, Council of State, National and State Assemblies, etc.
He insisted that the Bill is an ordinary Bill, not a constitutional amendment and only requires it to be read first, second and third time after a public hearing.
Presenting the committees report, Monguno however said that the new national anthem is apt as it represents the country’s people, culture, values and aspirations.
“The bill is in tandem with the spirit of unity. It will undoubtedly inspire a zeal for patriotism and cooperation. It will promote cultural heritage. Changing the national anthem will chart a path to greater unity”, Tahir said.
He then recommended that the bill be passed. The Senate then resolved to the committee of the whole to consider the report. After which, Godswill Akpabio, the Senate President put the bill to a voice vote and lawmakers supported it.
The Senate president also noted that the AFG is not a lawmaker and does not have a full understanding of how Bill’s are passed.
The bill was consequently read for the third time and passed.

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Legislature

Senate recalls Senator Ningi 2 weeks to end of 3months suspension

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The Senate has recalled the Lawmaker representing Bauchi Central, Abdul Ningi after 2 Months and two weeks of the 3months suspension slammed on him over his interview in which he alleged padding of the 2024 N28. 7tn budget.

The lawmaker was suspended on the 12th of March, 2023 for three months, but the Senate on Tuesday unanimously resolved to recall their colleague from suspension.
Recall that, Senator Olamilekan Adeola had come under Orders 9, 10, 41, and 51 to move a motion of privilege and issue of national importance against Ningi over his interview with the British Broadcasting Corporation (Hausa Service).

Ningi had, in the interview alleged that the budget passed by the National Assembly for the 2024 fiscal year is N25tn while the one being implemented by the Presidency is N28.7tn.
The motion, for the unconditional recall of Senator Abdul Ningi was sponsored by the minority leader Senator Abba Moro, Senator Olalere Oyewumi and Senator Osita Ngwu.
While presenting the motion, Senator Moro recalled that,

“On Tuesday 12” March, 2024, this very revered 10th Senate in plenary suspended the former Chairman of the Northern Senators’ Forum, Senator Abdul Ahmed Ningi of Bauchi Central Senatorial District for three months following a media interview he granted the British Broadcasting Corporation (BBC) Hausa Service on March 9, 2024 in which he alleged that about 3.7 trillion Naira representing over 10% of the 2024 budget was illegally inserted into the 2024 National Budget.
He explained further that Senator Abdul Ahmed Ningi was asked to address his allegation of budget padding against the National Assembly, following a motion of urgent national importance moved by Senator Solomon Olamilekan Adeola, the Chairman, Senate Committee on Appropriations.
“And failing to address the allegation, the Senate resolved to suspend Senator Abdul Ahmed Ningi for three months for violating legislative rules, misconduct and unethical behavior for the interview he granted on BBC Media on the 2024 Appropriation Act, a legislation which process he was part of.

“Aware that the said Senator Abdu! Ahmed Ninigi, being under suspension, has spent over two months outside the precincts of the National Assembly Complex and needs to return to continue with his legislative activities as the Senator representing Bauchi Central Senatorial District.

“Flowing from the above the Senate Minority Leadership takes full responsibility for the actions of our colleague Senator Abdul Ahmed Ningi and apologizes on his behalf.

Accordongly the senate resolved to reconsider the additional resolution of the Senate (of the Votes and Proceedings of Wednesday 13” March, 2024 to recall Senator Abdul Anmed Ningi to the Senate as Senator representing Bauchi Central Senatorial District.

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Legislature

Kogi Assembly, CSO partner on HIV/AIDS anti-stigma legislation

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By Friday Idachaba, Lokoja

Kogi State House of Assembly has assured that the bill for a Law to provide for the prevention of HIV and AIDS Based Discrimination and stigmatization will be accorded smooth and accelerated passage for full implementation in the state.

Deputy Speaker of the Assembly Rt Hon. Comfort Nwuchiola Egwaba, disclosed this at a One-day Capacity Building And Media Round Table on the Proposed Anti-stigma Bill For HIV With Kogi State Assembly members.

She said that the partnership between the House and Initiative for Grassroots Advancement in Nigeria (INGRA), a Civil Society Organization (CSO,) had yielded fruits with the resounding support of members for the bill.

The meeting aimed at building capacity of Kogi State Assembly members and Media personalities on the issue of HIV stigma and discrimination among others, was organized by INGRA with support from AIDS Healthcare Foundation (AHF) in Lokoja.

The Deputy Speaker said that the private member Bill before the House had had its first and second readings and was being primed for Public Hearing and Third Reading by the House Committees on Health and Judiciary.

Nwuchiola-Egwaba said, “We have done more than justice to the Bill. This bill will scale through and will see the light of day. We are not living any stone unturned. We are doing this for our people.”

Also speaking, sponsor of the Bill, Hon. Bin Ebaiya Shehu-Tijjani (APC-Lokoja I) thanked his colleagues for the fervour with which they rallied support round him for the Bill to scale through the legislative mills and urged them to sustain the tempo until it is finally assented to by the governor.

Chairman of the House Committee on Health, Ochidi Usman (APC-Idah) decried the spate of discrimination and stigmatization against people living with the virus saying that they did not bargain for it.

He described them as victims of circumstances as he thanked the sponsor of the Bill and pledged to stand by him to provide support for the Bill to have accelerated passage.

Speaking earlier, Mr Hamza Aliyu Executive Director of INGRA who described the bill as a “Policy Bill” said it was not just for HIV/AIDS alone but against every form of discrimination and stigmatization against affected persons in the state.

He hinted that available statistics showed that over 28,000 persons are living with the virus in the state adding that they could be more as many are not aware of their status and are quite unwilling to get tested for fear of discrimination and stigmatization.

Aliyu said the Bill had been passed in 16 states of the Federation and would only be fair for the Act to be domesticated in Kogi through the legislation to ensure that affected persons are not unnecessarily discriminated against.

Executive Secretary, Kogi State Agency for Control of AIDS (KOSACA), Dr Sheidu Yunusa, who explained some of the provisions of the law, the offences and punishment said stigmatization and discrimination had the potency to destroy all the efforts being made to end the HIV scourge.

Dr Yunusa gave examples of stigmatization and discrimination against Persons Living with HIV (PL-HIV) to include health care professionals refusing to provide care or services to an affected person, Refusing casual contact with someone living with HIV.

It also include among others, socially isolating a member of a community on account of HIV positive status, referring to people as HiVers or Positives, Unlawful disclosure of an affected person’s status.

Amb. Idris Ozovehe Muraina, Chairman, Kogi NGOs Network (KONGONET) said, “we should not see this law as draconian but an attempt to squelch discrimination against out affected brothers and sisters.”

Comrade Jimoh Audu, Kogi State Coordinator of Persons Living With HIV AIDS (PLWHA) commended INGRA and the House of Assembly for their determination to get the Bill passed.

“We appreciate the meeting of our leaders, we believe in you. All we are asking it to reduce to the barest minimum the issue of discrimination against us. The medical practitioners should be more professional in their conduct”, he said.

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