HAVING carefully adopted the actions of the Nigerian parliament within the final twenty years, the processes and procedures of that establishment shouldn’t be unusual to at least one anymore. In any case, the Yoruba would say a physique that has spent three years beneath the bottom is not a customer to the grave.
However I need to confess, the methods of Nigeria’s tenth Meeting are usually not solely changing into unusual however have develop into so unusual that its uncommonness could ultimately stifle the neck of legislative sanity.
Sure, the legislature has some latitudes within the working of its affairs as assured by the 1999 Structure, however nothing within the legal guidelines grants the lawmakers the liberty to be illegal or try to breach procedures within the train of their legislative freedom. That’s the reason at each sitting, the Chief should transfer motions for an extension of time as stipulated within the Rule Ebook, even the place it had develop into apparent to all of the lawmakers that the task at hand wanted such extension. Nothing needs to be taken as a right.
Part 60 of the 1999 Structure states that: “Topic to the provisions of this Structure, the Senate or the Home of Representatives shall have energy to control its process, together with the process for summoning and recess of the Home.” That provision however, the impression shouldn’t be created that lawmakers have limitless freedom within the working of their affairs. A number of different provisions of the 1999 Structure regulate the actions of the 2 chambers of the parliament, together with the quorum and voting procedures.
That’s the reason I discovered the looks of the President of the Senate, Godswill Akpabio, and Speaker of the Home of Representatives, Tajudeen Abbas a bit unusual on Tuesday, January 2, once they joined President Bola Tinubu on the signing of the 2024 funds to legislation.
It’s not an aberration for the duo and the management of the Nationwide Meeting to hitch the President in signing the funds. Actually, through the occasions of “struggle” between the manager and the legislature, such events have been used to douse the raging fireplace. What’s incorrect is the President of the Senate clutching what appeared just like the funds doc and handing the identical to Nigeria President for his assent.
So for me, what needs to be an enormous situation in government/legislative cordiality on this period was marred by Akpabio’s dealing with of the funds doc to the President.
Whereas it could look very innocuous if not unrecognisable within the lawmaking course of, procedures are supposed to be adopted to the letter. The method of transmission of the funds to the Presidency doesn’t recognise the President of the Senate or the Speaker. Their signatures are usually not wanted for a invoice to develop into legislation. In that mildew, the legislation recognises the Clerk to the Nationwide Meeting(CNA), who heads the legislative forms. That’s the man whose signature and that of the President authenticates any invoice and makes the identical legislation of the Federation of Nigeria. The Acts Authentication Act additionally appreciates that workplace accordingly.
So, whereas Tuesday, January 2, 2024, ought to have been a landmark within the annals of the manager/legislature relationship, particularly because the President was assenting to the funds on the second day of the 12 months, the obvious breach of the easy process of payments transmission are inclined to blight the goodness of the day.
Former Senate President Ken Nnamani will all the time remind his colleagues, that the lawmaking course of is all in regards to the process. Whereas the 1999 Structure offers the lawmakers the pencil and the eraser to make and unmake legal guidelines, the Judiciary can nullify such legal guidelines for failing the check of process. That’s how necessary the method is.
In accordance with the established observe, the funds have to be harmonized when handed by the Senate and the Home of Representatives. Even when the Appropriation Committees of the 2 chambers collectively labored on the doc, making harmonisation seem secondary, the Authorized Division of the Nationwide Meeting nonetheless must undergo it to make sure the doc is similar. After that, the doc is handed to the CNA, who’s empowered by the Acts Authentication Act to endorse the identical and transmit it to the President. The channel of transmission is by way of the presidential Adviser to the Nationwide Meeting.
As soon as the invoice lands within the Presidency, the President’s workforce is to make sure all is effectively earlier than advising him on the necessity to assent.
The above is simply one of many few indications of aberrative circumstances now we have observed within the tenth Nationwide Meeting because it got here into being in June 2023. A few of the developments, that are indicative of reducing requirements are nevertheless peculiar to Akpabio’s Senate.
In latest occasions, sittings of the Senate, which in keeping with the Rule Ebook ought to begin at 10 am don’t get to begin till near midday. Committee conferences which ordinarily observe the sittings are largely hampered as a result of the plenary would have dragged into late evenings.
Current screening of presidential nominees is one other situation. Nominees for the submit of Resident Electoral Commissioners (RECs) of the Impartial Nationwide Electoral Fee (INEC) have been dropped at the chamber. That’s an task for the standing committee. Solely the INEC Chairman needs to be so handled. We additionally noticed the nominee for the submit of Secretary to the board of the Financial and Monetary Crimes Fee on the ground. that’s one other candidate for the standing committee. The identical occurred through the screening of the Governor of the Central Financial institution of Nigeria and the Deputy Governors. Solely the CBN Governor ought to have appeared within the chamber.
In earlier chambers, even when nominees have been despatched when the committees have been but to be constituted, the presiding officers would couple an advert hoc committee to do the job. It was additionally curious to see that the Service Chiefs have been screened by a committee of the complete senate. Though the sitting later devolved right into a closed session, the committee in Nationwide Safety and Intelligence might have dealt with the task.