The Senate moved last week to compel the Presidency to obey its resolutions via a bill that scaled the crucial second reading. UCHENNA AWOM writes that the bill which is now within the confines of the Constitutional Review Committee may open another vista of power tussle between the executive and the legislature.
The Senate is not blinking, in fact they seem resolute in the quest to twig the Presidency and make them see reasons to accord its resolutions the respect and recognitions as though it were a bill. The ‘respect resolution’ battle has assumed a feverish pitch and the senators last week moved up the bit to include the resolution issue on the lists of items to be considered in the on-going review of the 1999 Constitution.
It could be recalled that an obviously angry Senate drew a red line on the sand penultimate week and threatened to sack any Federal Minister who talks carelessly; this was even as the President of the Senate, Senator David Mark specifically warned the Minister of Information, Mr Labaran Maku, over his careless talk wherein he said resolutions by the National Assembly are not binding on the executive.
However, Maku who appeared before the Senator Enyinnaya Abaribe-led Senate Committee on Information, Media and Public Affairs, tendered an unreserved apology over the comments, which attracted wider condemnation across the country.
The ere of the Senators was drawn when the information Minister while responding to reporters question on the resolution of the National Assembly on the botched introduction of N5000 note said resolutions from the apex Legislature are not binding on Presidency. His seemingly disparaging characterisation of legislative resolutions was one out of many coming from public officials and, which had severally shaped the attitude of the executive to issues that were thrown up by resolutions irrespective of the poignancy of such matters in question.?
So miffed by the latest remark the Senate President called on the President to caution ministers not to make such careless statements.
He lamented that the disrespectful conduct of Ministers may have been given impetus largely by the “bow and go” screening approach by the Senate and warned that future screening of Ministers will be more intense and thorough.
“I think the information minister is a careless talker. He talks very carelessly. He did not think properly. He is not an educator and we need to educate him. I hope that the president cautions him and calls him to order.
“And I think that next time he does that we will take a resolution here that any minister who talks carelessly be removed because there was really no need for that absolutely. For those who usually tell the minister to take a bow and go because they are very good men, I hope you are learning hard lesson by the way they.”
The icing however was that Maku as the chief spokesman frighteningly admitted that he became a Minister of the Federal Republic courtesy of senate resolution.
He profusely apologised saying he has no reason personally or individually to denigrate the authority of the highest law-making body in the land.
“I have no reason to denigrate the authority of the highest legislative body. The Senate being the highest legislative body has played a very constructive role in the stabilization of Nigeria’s democracy.
“I have no reason personally or individually to disparage the Senate. If that comment has been misinterpreted to mean that the Federal Government does not respect resolution of Senate, I tender my apology.
“I know that there are circumstances where the resolutions of the National Assembly carry the force of law.” He said.
An obviously humbled Maku regretted that he made the statement when “pressed by the press” but added that it was never intended to disparage the National Assembly.
Further pelted with questions from the senators at the crowded session, Maku wasted no to admit that resolutions from the National Assembly are not mere advisory and that they carry the force of law. They pinned him down with the analogy of the ‘doctrine of Necessity’ which catapulted then Vice President Jonathan to Acting President, to which Maku admitted that it was a resolution of the both chambers of the National Assembly.
Maku was forgiven but the senate may have taken it with a pinch of salt hence the formalisation of the quest to make its resolutions to have force of law. The bill sponsored by Senator Anthony Ademuyiwa Adeniyi, was designed to amend the provision of section of the constitution of the Federal Republic of Nigeria, which deals with the powers of the National Assembly to conduct investigation into any matter or thing within its legislative powers or any person, authority, ministry or departments charged or intend to be charged with duties or responsibilities in administering laws enabled by the National Assembly.
In a nutshell, the bill generally seeks to make provisions to compel the executive arm of government to implement and give effect to the outcome of far reaching investigations conducted by the National Assembly, which exposed corruption, inefficiency and wastes by any person, body charged with the responsibility of executing or administering of laws within the legislative competence of the National Assembly and in the disbursement or administration of funds appropriated by it.
“We are no doubt aware that it has become a fashion for the executive arm of government to treat far reaching findings and recommendations of the National Assembly disdainfully without regards to the efforts, time and funds committed to such commendable efforts. By and large such conduct of the executive stems from the fact that the executive refuse to give effect to such findings or recommendations as self-protection mechanism designed to insulate them from paying the price of culpability.
“You will agree with me that it is very obvious that going by the provision of Section 88 of the Constitution is inchoate to the extent that apart from conferring on the National Assembly vires to expose corruption, waste and maladministration it did not make, provide for any further step or thing to be done either by the National Assembly or the Executive”, he said.
Well, the angst of the lawmakers were before now muted until the outburst of Senator Uche Chukwumerije two weeks ago. An enraged Chukwumerije had threatened to lead a motion of impeachment against the President if he fails to obey the resolution of the senate, which exposed rot in the activities of the Bureau of Public Enterprises (BPE) especially in the sales of public institutions.
In the report of the ad-hoc Committee led by Senator Ahmad Lawan that carried out the investigations, the committee recommended among other things the sack of the BPE Director General, Ms Bolanle Onagoruwa and the revocation of several other concluded sales. The resolution has remained unattended to till date, thus encoring the wrath of the lawmakers.
Hopefully, the bill which is now referred to the Constitution Review Committee would address the issue of the resolution once and for all.