After an arguably eventful plenary sesson, the Senate closed shop two days to Christmas and went on 12 days break after about six months of legislative duty.
Reeling out the score card of the upper chamber, within the period, Senate Committee Chairman on Rules and Business, Senator Ita Enang, said the upper chamber introduced a total of 106 bills and passed one since the inception of the seventh session on June 6, 2011.
He further disclosed that out of the 106 bills, 61 scaled first reading while 16 have been read a second time and referred to the relevant committees for further legislative work. He pointed out that 26 bills were waiting for publication while six have been withdrawn for reconsideration.
He was quick to note that the seventh Senate had approved the nomination of 42 ministers, confirmed Honorable Justice Dahiru Musdapher as Chief Justice of the federation, confirmed Honorable Justice Olukayode Aiwoola as justice of the Supreme Court among others.
Nevertheless, opinions are divided over the performance of the? Red Chamber so far, in that it could only pass one bill, since its inception. Going by section 63 of the Constitution, lawmakers are expected to sit for a period of not less than 181 days.
However, Out of the 106 bills, the contentious Same Sex Bill was the only one passed by the Senate. The Senate sitting in the committee of the whole, on Tuesday, 29th November, 2011, passed the bill for an Act to Prohibit Marriage or Civil Union entered into between persons of same sex, solemnization of same and for other matters Related Therewith, 2011.
This was sequel to deliberation on the bill, leading to a feisty public hearing and a sparring between the leadership of the Senate led by David Mark and some human rights groups with the backing of the western world.
The bill was rigorous and attracted the attention of Nigerians, and the international community. Sponsor of the bill, Sen. Domingo Obende, (EDO North) had argued that only marriages contracted between a man and a woman either under Islamic Law, Customary Law or the Marriage Act is recognized as valid in Nigeria and provides that persons who entered into a same sex marriage contract or civil union commit an offence and are each liable on conviction to a term of 10 years imprisonment. Also, any person who registers, operates or participates in gay clubs, societies and organizations, or directly or indirectly commits the offence shall each be liable on conviction to a term of 5 years imprisonment. Any persons that witness, abet and or aids the solemnization of a same sex marriage and or organizes processions or meetings in support of it in Nigeria, commits an offence and shall be liable on conviction to a term of 5 years imprisonment.
Nonetheless, the bill was celebrated by the albeit from a cross section of Nigerians who were miffed by the absurd position of the international community which was seen to undermine African’s tradition and morality.
Shortly as the spotlight left the contentious Same Sex Bill, the Senate was served with the budget proposal presented by President Goodluck Jonathan. He had presented a budget of N4.7 trillion for the 2012 fiscal year. The budget showed that about28 percent of the estimate was earmarked for capital project and 78 percent was for recurrent expenditure.
As the deliberations began on the budget, the Senate expressed their unease on the allocation for security.
Driven by the perilous security condition in the country, the fear for most of them stemmed from suspicion that the amount allocated may not eventually be accounted for and that the security condition not improving in reflection of the huge chunk allotted to it.
They were also mindful of the need to balance the budget along lines of macro-economic stability, structural reforms, governance and institutions so as to jump start and pull the economy from its current unpalatable state.
Picking more holes with the budget, concerns over specific roles on how the federal government would work with states as states are the drivers of wealth creation, the recurrent expenditure is not being put to good use as well as the meager sum allotted to capital projects.
The breakdown of the budget goes thus: N931.91 billion, Power, N161.42, Works, N180.8billion, Education (excluding UBE, PTDF and ETF), N400.15 billion, Agric N78.98, Health, N282.77, Water resources, N59.66, Aviation, N49.23. Others are Transport N54.83, Land and Housing, N26.49, Science and Technology, N18.31.
A recurrent emphasis by most of the senators was on the need by the executive to ensure that the non implementation of the budget, as well as late delivery of the budget to the legislature is stopped.
In a season of bomb blast and security challenges, the? upper chamber deliberated on a bill for an Act to Regulate Rock Blastering, Explosive Demolition and Other Use of Explosives Within the Federal Capital Territory and to Encourage the Use of Appropriate Modern Technology and for Other Matters Related Thereto, 2011, had been read for the second time in the Senate on Tuesday, 29th November, 2011. The Senate, after the reading, accordingly referred it to its committee on Works to report within two weeks.
Other bills presented which passed through the first reading on the floor of the Senate include;? Indigenous Oil Companies (Regulation and Fiscal Terms) Bill, 2011 (SB.14); National Assembly Budget and Research Office (Establishment, etc.) Bill, 2011 (SB.15); Transfer of Convicted Offenders (Enactment and Enforcement) Act CAP T.16, LFN 2004 (Amendment) Bill, (SB.26), and the Chartered Institute of Management Accountants (Establishment, etc.) Bill, 2011 (SB.11).
Also the bill for an Act to Amend the Copyrights Act 2004 for the purposes of making provisions for technological measures in protecting copyrights and for other related matters was read for the second time. Also, the bill for an Act to repeal the Prisons Act Cap. P29, Laws of the Federation of Nigeria, 2004 passed first reading. The bill, when passed, provides for improved administration of prisons in Nigeria and for related purposes. Shortly after the second reading, the bill was referred to the committee on Interior to report back to the Senate within four (4) weeks. Also read for the second time at the sitting was the bill for an Act to Amend the Act Authentication Act, Cap. A14 LFN 2004, and for other connected purposes. It was later referred to the committee on Judiciary, Human Rights and Legal Matters to report within two (2) weeks.
However, a bill for an act to “amend the Economic and Financial Crimes Commission EFCC establishing Act and to repeal the Corrupt Practices and Other Related Offences Act and thereby create a unified anti-graft body and other related matters” was smoldered by the senators when in their various contributions stood against the bill, forcing its sponsor, Sen. Ita Enang to withdraw the bill.
In joining the heated debate over the removal of fuel subsidy, the Senate resolved to investigate the operations of the fuel subsidy even as senators were sharply divided over whether the controversial fuel subsidy should remain or not.? But at the plenary proper, a heated debate ensued shortly after the motion sponsored by Senator Abubakar Saraki (PDP) and 13 others which sought to launch an investigation into the current fuel subsidy management was read.
Saraki, who argued that the removal of fuel subsidy should be based on informed decision, stated that the implementation of the 2011 appropriation Act will surely be in troubled waters if a variation of N1.2trn arises as a result of the level of expenditure incurred on fuel subsidy so far. He noted that the processes, audit, scrutiny and value for the money in the entire subsidy management system lacks transparency and control as the costs have continued to maintain an upward swing
The debate was to split the Senate along northern and southern lines. While the northern senators faulted the removal of subsidy, their southern counterparts supported it. This spurred on the senate president. Mark traced the failure of fuel subsidy to its hijack by a cartel adding that 90 percent of Nigerians are not beneficiaries of the subsidy.
The senate president therefore mandated its committee on Petroleum Resources (downstream Sector), Appropriation and Finance to investigate the scheme. In the purview of the probe, the Ministry of Petroleum, Nigeria National Petroleum Corporation, Department of Petroleum Resources, and the Petroleum Product Price Regulatory Agency and other agencies are detailed to provide explanations on the management of the fuel subsidy scheme.
The outcome of the motion was the revelation of the supposed cartel and the inconsistencies in payments that were to emerge by the senate joint committee of petroleum downs stream, Finance and appropriation.
Another, highpoint for the Senate was the setting up of the Adhoc Committee on the Investigation of the Privatization and Commercialization activities of the Bureau of Public Enterprises (BPE). The committee was a brain child of a motion sponsored by Sen. Ahmed Lawan (who also headed the committee). The motion tagged the collapse of some privatized federal government companies in Nigeria amongst other things created a platform where stakeholders made shuddering presentations.
The revelations from the public hearing opened a can of warms. But the delay in addressing the report after its presentation to the Senate by the committee became an issue of concern for most Nigerians. Attempts to reassure Nigerians that the report will be deliberated and appropriate action taken, failed to allay the fears that this probe will go the way of previous probes in the National Assembly.
However, the Senate disappointed its critics by reeling out a 45-point recommendation. Chief among them was the? removal of the Director-General of BPE, Ms. Bolanle Onagoruwa, for “her gross incompetence and for the illegal and fraudulent sale of the federal government’s residual shares in Eleme Petrochemicals Company Limited”.
Former heads of the Bureau such as Mallam Nasir el-Rufai, Dr. Julius Bala and Mrs. Irene Nkechi Chigbue were indicted for contravening the Public Enterprises Act, 1999. Specifically, they were accused of seeking direct approva from then president, Chief Olusegun Obasanjo instead of the National Council on Privatisation (NCP) as stipulated.
When the report on the Ogoni Land Oil Spill was released by the United Nations, the Senate mandated its committees on Niger Delta; Environment and Ecology; and Petroleum (Upstream), to study the United Nation’s Report and interface with the federal government,? Shell Petroleum Development Company and other Stakeholders and report to the Senate within eight (8) weeks with appropriate recommendations. In the resolution, the Senate commended the United Nations for the Report; and urged the Committee on Environment and Ecology to review existing laws/regulations as regards environmental degradation related to oil activities in the Niger Delta.
The upper chamber also took a motion on scourge of human trafficking in the country. a motion sponsored by Sen. Dahiru kuta (Niger East) and 33 others. It condemned human trafficking in all ramifications even as it urged the Economic Community of West African States (ECOWAS) and the African Union (AU) to strengthen co-operation among member states to combat human trafficking.??
The senate also deliberated on the “Illegal subjection of candidates to examination by universities after the test by the Joint Admissions and Matriculation Board.? The motion was sponsored by Sen. Heineken Lokopbiri representing Bayelsa Central. After a tense debate, the Senate asked its committee on education to undertake a comprehensive investigation into the activities of those universities indulging in such illegality and cause for the failure of jamb to conduct examinations sufficiently credible. The Senate also considered the Report of its Joint committee on Police Affairs; Federal Character and Inter-Governmental Affairs, on the need to avert the growing danger of night movement of commercial buses on Nigerian highways.
The Senate also deliberated on the increasing number of awaiting trial persons in the Nigerian prisons. Statistics indicated that about 33,692 inmates of Nigerian prisons are awaiting trial men and women, despite programmes aimed at decongesting prisons in the country. The Senate therefore urged the Federal Ministry of Justice to put more efforts into the on-going prison decongestion programme, and enjoined the Judiciary through the various State Chief Judges, to ensure unhindered progressive court appearances and more frequent jail delivery exercise for deserving detainees.
Suffice to say that the Senate has had its ups and downs thus far. However the work rate of the National Assembly has become an issue of contention lately. This has contributed to the long debate over whether legislatures should operate on a part-time basis or not. Proponents of part-time legislature argue that the huge resources expended by the legislatures do not commensurate with the work the lawmakers do.
But a senator who pleads anonymity believes given “the nature of the presidential system of government, the nature of the committee system, and the nature of the functions of the oversight functions of the legislature, it would be difficult to be a legislature and still be run a business in some other place.”?
As for the Senate spokesman, Senator Enyinnaya Abaribe, while extolling the performance of the National Assembly in a forum recently, he added that whichever format, full-time or part-time, it will be up to the Nigerian people to decide.
Still with the myriads of issues plaguing the country, the expectation from the National Assembly is high. While at the sixth Senate, a total of 514 bills were presented to the senate 458 of those bills were read for the first time, 130 bills passed second reading while four bills were negated. But only 91 bills were considered and passed from 5th June 2007 to 1st June 2011.
However, Sen. Ita Enang in his inaugural address said we “intend to prioritize the consideration of bills over motions in the next few weeks, so that after second reading, the bills will be committed to relevant committees, thus engaging the committee in time. This will ensure that reports on bills are presented earlier and consideration scheduled and taken. This will increase the number of bills passed by the Senate, thus reducing the tallying bills initiated and lapsing at the end of the Senate full term”.