Issues As Senate Sets For Fresh Constitution Review

The Senate is back, apparently with renewed vigour to confront the myriad of problems confronting the nation, most of which piled while they were away. Though they all agree that the amendment of the 1999 constitution would top their priority, UCHENNA AWOM in this article, critically analyses the unveiled roadmap, and the efforts of the house to return to shape. ??

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At last, the Senate may have decided to settle down ?to real legislative business, as before now, they seemed to have found pleasure in frequent holidaying. Last Tuesday they resumed to a bleak and uncertain political environment, one they were not too familiar with before their last recess. They are aware of this and have made efforts to curry public favour in a well couched speech marking the opening plenary session.
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Senate Majority Leader Victor Ndoma-Egba described the speech delivered by Senate President, Senator David Mark, as “a significant shift from other speeches of its kind” and “one which presents a clear roadmap of a rejuvenated senate that is set to right the inherent wrongs noticed in the 1999 constitution”. Beyond that facade is an indication of a sense of urgency that betrays the lawmakers’ realisation of an apparent public dejection over their prolonged absence from the political environment on a long recess while the country was literarily on fire.?
The first mitigating measure which the lawmakers have found most expedient is the exposition of a legislative agenda which encapsulates the public view and confirms the defect in the mode of operation, but at what cost??
Fresh from the six-week holiday, their second since their inauguration on June 6, the lawmakers, through Senator Mark, listed a holistic review of the 1999 constitution and the amendment of the 2010 Electoral Act, which topped the agenda of the seventh session.
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Welcoming the senators, Mark declared that constitution amendment remained one of the priorities of the Senate. “ . . . let me note that constitution amendment remains one of the top priorities of the seventh Senate. Our success in the electoral reforms is now obvious and has been widely acknowledged after the 2011 general election. I congratulate members of the sixth National Assembly, once again, for breaking the jinx of constitution amendment in Nigeria. The onus is therefore on us to build on this success. We shall endeavour to produce a workable constitution that will stand the test of time”, he said.?
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According to him, the senate would revisit the fundamental issues of state creation, local government system, devolution of powers, revenue allocation, state police, State Independent National Electoral commissions, uniform minimum wage, joint account and other contentious, but important issues.
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“Nigerians expect us to revisit some fundamental issues, such as state creation, the local government system, devolution of powers, revenue allocation, state police, state INECs, uniform minimum wage, joint account and other contentious, but important issues,” he stated.?
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The speech may ordinarily strike the right cord, but did it connect with general expectations? Observers have already opined that the lawmakers merely rolled out a populist agenda that would position them to embark on another circus show that will yet again gulp billions of taxpayers’ money, though there is a general consensus that the constitution, being a brainchild of the military, is overdue for review. The scepticism stems from the piecemeal approach and the long period of time it took the last session to carry out the last exercise, which centred mostly on electoral reforms.
Apparently, recognising such mass scepticism of their sincerity in the planned effort, Mark posted hypothetical questions to his colleagues on the desirability of kick-starting a new and holistic review process, which suggested a veiled response to any public query. His questions expectedly received positive response which translated to a general acceptance for a holistic constitutional review to complete the process that was achieved in that last session.
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Questions like, should we allow State Police? Will it enhance policing duties and reduce criminality in the country? Is the current revenue formula equitable? Will a change in favour of the states enhance the deliverables to the people? Should power distribution be on the exclusive legislative list? Shouldn’t states who invest in power generation be allowed to distribute? Is it necessary to create new states? Will it bring government nearer to the people and address cries of marginalisation? How effective are the local governments? Should they be made to function independent of the states? Is the joint state/local governments account still necessary? Received thunderous applause from the senators.
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“We will not run away from any of these issues. I, therefore, expect that in this session, we will not only deal with them, but also with other issues that will guarantee good governance, peace, justice, and development in our country”, he assured.
?It could be recalled that the cost of the last exercise was put at about N1b, but they were somewhat hailed for “crossing the threshold after so many years of trying to amend the military bequeathed document that became operative in 1999”. The cost was only to effect review of all aspects of the constitution that dealt with the electoral process in its entirety, though the senators received avalanche of memoranda and requests from those agitating for the creation of new states. Therefore, if the cost of the previous effort is considered, it means that the current effort would gulp enormous amounts.
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Already, the National Assembly, on Wednesday, set-up the review committee to be headed by the Deputy President of the Senate, Ike Ekweremadu and his counterpart from the House of Representatives, Emeka Ihedioha. The list is made up of one member from each of the 36 states of the federation and representatives of all the six geo-political zones. This means that the process has technically started. ?
The Review Committee
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Expectedly, the senate review panel is headed by the Deputy Senate President, Senator Ike Ekweremadu.?
The list comprises one senator from each of the 36 states of the federation and the Federal Capital territory (FCT), a representative from each of the six geo- political zones of the country and three others representing what was described as special interests.?
Curiously, all the female senators were included.
The committee would, as directed, focus on the areas as made clear in the roadmap, which included state creation, the local government system, devolution of powers, revenue allocation, state police, state INECs, uniform minimum wage, joint account and other important issues for review in the fresh process.
Members of the committees are: Senators Uche Chukwumerije, Bello Mohammed Tukur, Chris Ngige, Ita Enang, Abdul Ningi, Heineken Lokpobiri, Barnabas Gemade, Ahmed Zannah, Victor Ndoma Egba (SAN), James Manager, Christopher Nwankwo, Odion Ugbesia, Anthony Adeniyi, Ayogu Eze, Joshua Lidani, Chris Anyanwu, Abdulaziz Usman, Datti Baba-Ahmed, Bello Gwarzo, Abu Ibrahim, Abubakar Atiku Bagudu, Smart Adeyemi, Mohammed Sha’aba Lafiagi, Ganiyu Solomon, Suleiman Adokwe, Dahiru Awaisu Kuta and Adegbenga Kaka.The rest are Senators Boluwaji Kunlere, Sola Adeyeye, Olufemi Lanlehin, Joshua Dariye, Magnus Abe, Umaru Dahiru, Abubakar Tutare Umar, Alkali Jajere, Ahmed Sani, Philip Aduda, Nkechi Nwaogu, Helen Esuene, Nenadi Usman, Oluremi Tinubu, Zaynab Kure, Aisha Al-hassan, George Akume, Ayoola Agboola and Mohammed Saleh.
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On the electoral act, the Senate President hinted that the current electoral Act will most likely be reviewed now that the primaries and elections are over and the tribunals are addressing the outcome of the election in accordance with the Electoral Act.
“Furthermore, in the course of pursuing our legislative agenda, we will most likely review the Electoral Act, 2010. Now that primaries and elections are over and the tribunals are addressing the aftermaths of the election in accordance with the Electoral Act, we should be able to draw from the lessons learnt and further amend the Act accordingly.?
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“Thus, while the 2010 Act laid the foundation for possibly the best election in our democratic history, like other human products, it is still not perfect. In our quest to continue to improve our electoral processes, we will work with the Independent National Electoral Commission, political parties, and other stakeholders to revisit the 2010 Electoral Act to address the issues arising from its operation ahead of the forthcoming gubernatorial elections in some states and the 2015 general election”, he further said. Observers also believe that whatever is done on the 2010 electoral act will still not insulate it from further amendment. They therefore opined that the lawmakers must be circumspect this time, to ensure an electoral legislation that will last the test of time.?
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It would be recalled that the last effort was mired in controversy when both chambers of the National Assembly engaged in an unnecessary spar, over which chamber would lead the review panel. As a result, not many gave them a chance to succeed in altering the document, but they did, to the admiration of the Nigerian populace. The senate may have set in motion a process that could engage the public, civil society groups and the political class in witty debate on their seriousness to tinker with the entire constitution, but fears abound of a possible deadlock in most of the items listed by the Senate President, based on ethnic or tribal interests. Such things happened during several efforts to review the now contentious Revenue Allocation formula. The issue of the abolishment of the state-local governments joint account became another controversy-laden issue when the state governors mounted opposition against the amendment of the constitution to abolish the account. If such was the case then, will it be any different now? These may be the dark sides of the renewed vigour.?
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Perhaps, the section of the amendment that would attract public attention is that of states’ creation. It is believed that the lawmakers will find it difficult to reach a consensus on the number and geo-political position of the states to be created in the civilian dispensation.?
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Security Challenges
However, it was not all about the agenda of the senators. They also bemoaned the incessant bombing incidents in the country which has succeeded in claiming many lives.
On the serial bombings by the Islamic fundamentalists group Boko Haram, Mark, who also led the senators to observe a minute’s silence for the repose of the soul of the dead, regretted that “Forces of darkness, agents of insecurity and destabilisation could engage in such dastardly acts to waste innocent lives.?
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“Distinguished colleagues, permit me to note, albeit most sadly, that in the past few months, our dear nation has come under grievous attacks by forces of darkness and agents of insecurity and destabilisation. Innocent lives have been mindlessly wasted and properties wantonly destroyed through bomb explosions and related acts of violence. Emotions have been ruptured and the land needlessly drenched with the blood of hapless, innocent citizens. Indeed, what we have witnessed is gravely discordant with our cultural and religious values of the sanctity of life and our age-long tradition of being our brothers’ keepers. I have no doubt, therefore, that you share my view that this is most deplorable and totally unacceptable. We must address the issue of insecurity squarely, once and for all”, he stated.?
?Meanwhile, Senate Majority Leader, Senator Victor Ndoma-Egba, who briefed reporters after the plenary, announced that the senate “will go behind close doors” to discuss the security situation, since they cannot discuss security matters during plenary.
Senate Committee Chairmen
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To give shape to the plan, the Senate constituted its standing committees on Thursday, more than three months after it was inaugurated.
?Two more committees ( Millennium Development Goals (MDGs) and Special Duties) were added to the 56 standing committees, after over three months into the seventh session.
Out of the 56, the opposition parties claimed 11 – Action Congress of Nigeria (ACN) three, Congress for Progressive Change (CPC) one,( ANPP) four, All Progressive Grand Alliance (APGA) one, and the Labour Party (LP) two.
Senator David Mark, who announced the names of the chairmen, said the exercise would strengthen its oversight function and directed them to be “steadfast in the performance of their legislative duties”.
Statutorily, the Senate President announced himself as chairman of the Selection committee and his deputy, Ike Ekweremadu, as vice-chairman. The selection committee is made up of members of the leadership of the senate including the opposition.
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Senator Suleiman Adokwe (PDP, Nasarawa) emerged chairman, senate services committee, responsible for procurement and management of senate infrastructure and other welfare services.
Senator Ita Enang (PDP, Akwa Ibom) emerged chairman,Senate Rules and Business committee. He handled a similar committee while a member of the House of Representatives.
Senator Enyinnaya Abaribe (PDP, Abia) is the new senate spokesman and doubles as chairman of the ?committe on media, information and public affairs. He is taking over from former spokesman, Senator Ayogu Eze (PDP, Enugu) who was named chairman of the senate committee on works.?
Senator Smart Adeyemi (PDP, Kogi) was named chairman of the senate committee on the Federal Capital Territory (FCT).
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Former governor of Kwara State, Senator Olusola Saraki (PDP, Kwara), is the chairman of the environment and ecology committee.?
Former Gombe State governor, Senator Danjuma Goje (PDP, Gombe state) was made vice-chairman, petroleum downstream committee.?
First-time Senator Magnus Ngei Abe (Rivers state) is the chairman, of petroleum committee (downstream).
Others are: SenatorNkechi Nwogu (PDP, Abia state) chairman, Senate Committee on Gas, she chaired the banking committee in the last session.?
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Andy Uba (PDP, Anambra State) chairman, Senate Committee Independent National Electoral Commission (INEC).
Senator Philip Aduda (PDP, FCT) chairman, committee on power, while Senator Emmanuel Paulker (PDP, Bayelsa) was named chairman, ?petroleum committee (upstream).
Senator James Manager (PDP, Delta state) emerged chairman, committee on Niger Delta.
George Thompson Sekibo (PDP, Rivers state) emerged chairman, committee on defence (army), while Senator Gilbert Nnaji (PDP, Enugu state) emerged chairman, committee on communications.
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Uche Chukwumerije (PDP, Abia) will continue to chair the committee on education, while Senator Gyang Daylop Dantong became the new chairman, committee on health.?
Senator Ahmed Maccido (PDP, Sokoto state), who was the vice-chairman in the last session is the new chairman, appropriation committee.?
Senator Ayo Ademola Adeseun (ACN, Oyo) is the new chairman, Senate Committee on Banking, Insurance and other financial institutions. He headed the appropriation committee in the House of Representatives in the last session.?
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Other chairmen are; ?Hope Uzodinma (aviation), Abdul Yando (capital market), Odion Ugbesia (trade and investment), Gilbert Nnaji (communication), Simeon Ajibola (cooperation and integration and NEPAD), Hassan Barata (culture and tourism), Victor Lar (drugs , narcotics and financial crimes), Wilson Ake (employment, labour and productivity), Dahiru Kuta (federal character and inter-governmental affairs), Nkechi Nwaogu (gas), Bukkar Abba Ibrahim (housing), Esther Nenadi Usman (industries), Atiku Bagudu (interior), Abdulaziz Usman (inter-parliamentary affairs), Sahabi Alhaji Ya’u (land transport), ?Ehigie Uzamere (local and foreign debt), Zainab Kure (marine transport), Maina Ma’aji Lawan (national identity and national population) and Chris Anyawu (navy).