Colossus Gists

The National Assembly has adjourned sitting till March 12, 2019, when the governorship and state Houses of Assembly elections would have been concluded.

The leadership of both chambers adjourned plenary on Tuesday, as they were unable to form a quorum since no more than 10 lawmakers were available.

Senate plenary was presided over by the Senate President, Bukola Saraki, while that of the House of Representatives was presided over by the Speaker, Yakubu Dogara.

The Assembly was scheduled to resume sitting on February 19, but had to postpone it by a week, following the rescheduling of the Presidential and National Assembly elections.

The National Assembly on Tuesday received the report of its appropriation committees on the 2018 budget. The report was submitted at both Senate and House of Representatives.

At the Senate, the report was submitted by Danjuma Goje, chairman Senate committee on appropriations.

President Muhammadu Buhari in November 2017 presented an N8.6 trillion 2018 budget before a joint session of the National Assembly.

Passage of the bill was however delayed as the lawmakers accused heads of Ministries, Departments and Agencies (MDAs) of refusing to submit details of budget proposal and failing to make appearances before relevant committees.

The MDAs on the other hand accused the federal lawmakers of demanding bribes as conditions for passing the 2018 budget.

The report is expected to be deliberated upon by the lawmakers before the end of the week. The deliberation is expected to be followed by the passage of the bill.

The National Assembly had set April 24 for the passage of the national budget.

The planned passage of the 2018 Appropriation Bill on Tuesday by the National Assembly is now uncertain, SUNDAY PUNCH learnt on Saturday.

Ahead of the date, the joint Committees on Appropriations of the Senate and the House of Representatives were expected to present the report on the budget in the two chambers on April 19 (Wednesday last week).

The Speaker of the House of Representatives, Mr. Yakubu Dogara, had, on March 21, 2018, said, “The consideration and passage of the budget will be on April 24. The committees will submit their report on April 19. This will be a harmonised report.”

The N8.612tn budget has been held up at the National Assembly since November 7, 2017, when President Muhammadu Buhari presented the estimates to a joint session of the Senate and the House.

However, the National Assembly and the executive have engaged each other in a blame game for the past few months over the delay in passing the budget.

At the Senate, the Committee on Appropriations is still compiling and harmonising reports by the standing committees (sub-committees) on the budgets of ministries, departments and agencies they supervise.

President of the Senate, Bukola Saraki, had, penultimate Wednesday, said the Committee on Appropriations should present its report for consideration and passage by the chamber this week.

The Chairman and Vice-Chairman of the committee, Senator Danjuma Goje and Senator Sunday Ogbuoji, respectively, could not be reached on the pace of work on the budget on Saturday.

The Vice-Chairman of the Senate Committee on Media and Public Affairs, Senator Ben Murray-Bruce, also expressed uncertainty over the Tuesday’s target.

Asked of the feasibility of passing the budget on Tuesday, he said, “I don’t know. All I know is that the Appropriations Committee is meeting, everybody is meeting. My committee, Works, met on Wednesday. We have concluded with ours and it has been transmitted to Appropriations. A lot of committees have transmitted to Appropriations.

“We may or may not meet the deadline, but we are working very hard to make sure that we get it done as quickly as possible.”

The Majority Leader, Senator Ahmad Lawan, also said work was ongoing on the bill.

“It is our desire to pass it then (on Tuesday) and I don’t want to start thinking that it may not be passed. We are still communicating and working on it,” he added.

When asked why the committee did not present its report last week, Ogbuoji stated, “We are working.” When asked when the report would be presented, he said, “When we are ready.”

Saraki had, on April 10, said the Committee on Appropriations was expected to present a harmonised report on the 2018 Appropriation Bill last week, but the report had yet been presented.

Again on April 12, Saraki insisted on the April 14 deadline issued to standing committees to represent their reports to the Committee on Appropriations.

Saraki said the deadline would not be extended, noting that the Senate would not be held to ransom by the 20 sub-committees who had yet to present their reports to the Committee on Appropriations.

Mace-snatching won’t stop budget passage –Reps

Meanwhile, the House of Representatives has said the mace-snatching incident at the Senate has no connection with the 2018 budget.

It noted that the attack on the Senate by thugs last week was an isolated incident, which did not stop the National Assembly from carrying out its legislative duties.

The House said the budget would be passed before the end of April as already announced by the legislature.

The Leader of the House, Mr. Femi Gbajabiamila, explained, “The budget will be passed. The incident has nothing to do with the budget.”

In a related development, a group, under the aegis of Companion of Buhari Initiative, on Saturday, condemned the National Assembly for the delay in the passage of the 2018 budget.

The group described the delay as a ploy to inflict hardship on Nigerians because some government policies would not be implemented without the budget.

In a communiqué at the end of its general meeting in Calabar, Cross River State, signed by the General Coordinator and Secretary-General, Chief Utum Eteng and Dr. Adalikwu Adie, respectively, the group also condemned the leadership of the National Assembly for victimising those perceived to be in support of Buhari.

The communiqué read in part, “We condemn the undue delay by the National Assembly in passing the 2018 budget submitted by the President since November 2017. We see the delay as a ploy to inflict hardship on the people in view of the fact that some government policies cannot be implemented without the budget.

“We also condemn the recent tactics by the leadership of the National Assembly in banning Parliamentary Support Group and suspending members of the National Assembly perceived to be loyal to Mr. President.

“We describe it as a ploy to intimidate other members of the Senate who support the non-veto of the Electoral Act (amendment) seeking to re-order the sequence of elections in the country.”

While throwing its weight behind the second-term bid of the President, the group said it was pleased with the recent appointment of Mr. Festus Keyamo (SAN), as the spokesperson for the Buhari Campaign Organisation for the 2019 presidential election.

The National Assembly has rejected all the arguments President Muhammadu Buhari gave for withholding assent to the Electoral Act Amendment Bill 2018.It based its position on a report submitted by its legal department.

The Senate at its executive session on Tuesday had referred the president’s veto to the department for advice. Upon the receipt of the report on Wednesday, the Senate delegated a team of senators, led by Deputy Senate President Ike Ekweremadu, to consult the House of Representatives. This meeting, according to a Senate source, was successful.

The report points out that the president’s claims – that the amendment introducing a specific sequence for elections under Section 25 of the Principal Act 2010 infringed on the discretion of the Independent National Electoral Commission (INEC) to “organise, undertake and supervise elections” – is flawed.

It states: “The correct legal position, however, is that by the Constitution of the Federal Republic of Nigeria 1999 First Alteration Act 2010, Act No. 1, specifically, Section 5 provides that Section 76 of the Principal Act is altered thus (a) subsection (1) in line 2, by inserting immediately after the word ‘commission’ ‘the words’ in accordance with the Electoral Act.

“From the above amendment, it is crystal clear that the power to regulate the principal elements of all federal electoral processes were by the above amendment removed from the Independent National Electoral Commission and vested in the Assembly, which has the power to make laws for peace, order and good governance of the Federal Republic of Nigeria.”

According to the report, “The argument of the president that the sequencing of the elections under Section 25 infringed on the discretion of INEC, without expressly pointing out what specific aspects or ways and manner, cannot be a basis for legal or constitutional argument or decision.

“With due respect, the opinion expressed is too general to establish a basis for the exercise of a legal or constitutional power, more so because ‘discretion’ is a principle governed by the rules of administrative law and not that of constitutional law on which the president claimed to have anchored his arguments.”

The report explains: “The new subsection (3) to section 138 actually clarifies the ambiguity contained in subsection 1 of the Principal Act and reinforces the constitutional standards specified in Sections 65, 106, 131 and 177 of the Constitution of the Federal Republic of Nigeria 1999.”

According to the report, “It is within the competence of the National Assembly to make laws in respect of the procedure regulating elections into local government councils in accordance with item 11 of the concurrent legislative list of the 1999 Constitution as amended.”

Also yesterday, the Senate charged the Chief Justice of Nigeria (CJN), Walter Onnoghen, to caution judicial officers against granting court orders capable of truncating parliamentary operations.

The Federal High Court, Abuja, had on Wednesday given an order restraining the National Assembly from passing the bill into law. Justice Ahmed Mohammed also asked the defendants to maintain the status quo ante belum, pending a March 20 adjournment. He gave the order while delivering ruling on an oral application for a preservative order brought by Accord Party.

Adopting a motion sponsored by the Senate Minority Leader Godswill Akpabio, the chamber described the ruling as unfortunate. It argued that the order breached the separation of powers and agreed Akpabio should write a letter to the CJN to draw his attention to the matter.

Legal experts meanwhile have been shedding light on the implication of the court order. Prof. Epiphany Azinge, a Senior Advocate of Nigeria (SAN), said: “I think it is a disservice to the constitution and its provision as far as separation of power is concerned. I don’t think that the legislature can tomorrow pass a motion that can stop the courts from sitting, except it is by legislation, so to speak. Even constitutionally, that cannot fly because nothing can be done that would amount to the usurpation of the powers of the court.

“I believe that we must respect constitutional provisions, as far as the sharing of power among the organs of government is concerned. We must be very careful to avoid anything that is untoward as we draw nearer to elections. We have passed through this channel before and I don’t think we need it again.”

Prof. Maxwell Gidado (SAN) noted: “It is an interim order. I will rather like to wait and hear their ruling on it. What they just want to do is maintain the status quo until Tuesday, when they will hear the substantive matter. Otherwise, as far as the law is concerned, the court has no jurisdiction to stop the National Assembly from performing its duty.

“Processes of lawmaking can be challenged, if they do not follow laid down rules. But the act of overriding presidential veto is a constitutional power. As far as I am concerned, there is no court of law that can prevent them from carrying out that function because it is a constitutionally guaranteed power, if only they can muster the two-thirds’ majority.”

Mr. Sylva Ogwemoh (SAN) said: “The judge made it clear in that order that it is not a restraining order but to maintain status quo pending the determination of the substantive suit on Tuesday. Whether the substantive issue before the court has merit or not is not something that can be determined now.

“So, the plaintiff is saying he has come to ventilate his grievance. It is the duty of the court to listen to the plaintiff vis-a-vis the defendants and come to conclusion whether it has merit or not. And before it does that, the court wants to be sure that there is a balance between the two parties.

“The order is not saying the National Assembly does not have powers to pass a bill but to ensure that nothing is further done until the issues before it are determined.”

Renowned constitutional lawyer, Prof. Ben Nwabueze (SAN), argued that Paragraph 15(a) of the Third Schedule to the 1999 Constitution does not confer INEC with the power to determine the sequence of elections.

He made the position known in a letter to Senate President Bukola Saraki yesterday. Nwabueze stressed that what Paragraph 15(a) says is that INEC shall have power to organise, undertake and supervise all elections to the offices of the president and vice president and to the membership of the Senate and House of Representatives, and organise, undertake and supervise all elections to the offices of governor and deputy governor of a state and to the membership of the House of Assembly of each state of the federation.

He said the United States, usually relied upon in this matter by INEC and others, offers no precedent whatsoever for the idea of one common electoral body organising and conducting elections for the offices of the president, vice president and members of Congress, as well as elections to the offices of governor, deputy governor and members of the state legislative assemblies.

The idea, he said, is not only totally unknown in the United States but is also forbidden in true federalism. “No question therefore ever arises of a common election timetable or the order or sequence of elections to offices at federal as well as state levels. Our craze for uniformity when our diversity dictates otherwise, as if uniformity is a magic wand for unity, is the force driving the whole unnecessary controversy,” he said.

According to him, “If we must continue to have one common electoral commission for federal elective political offices, as well as for state elective political offices, then we must get away from the idea of a common electoral timetable for the two sets of offices, whose functions are separate and different and have nothing linking them together.”

He added: “Federalism in Nigeria recognizes and is built upon the immense diversity of the country, the demands of which must not be sacrificed on the altar of uniformity of election timetable. A uniform timetable for both federal and state government elections would undermine and imperil the foundation of the federal system built, as earlier stated, on the heterogeneous nature of the society comprising peoples of different cultures spread over a huge expanse of territory, which gives rise to situations and circumstances that may make it impracticable to adhere rigidly to a uniform election timetable.”

The main entrance to the Nigerian National Assembly was Tuesday shutdown, following mass action by the People Living With Disabilities (PWDs).

The PWDs who stormed the National Assembly in their numbers on Tuesday, were protesting what they described as “marginalization in the area of employment and enlistment into the Nigerian Civil and Public Service”.

Advancing under the aegis of Association of Physically Challenged Applicants (APCA), the group accused the Nigerian government of shortchanging the disabled people during recruitments.

“We want to be engaged in the services of this nation, like every other normal persons. We want to also receive normal salaries like others in the society.

“We are all graduates in our association, we are dying everyday of hunger, we are tired of living like this. Let the government give us job or we die here”, God’stime Onyegbulam, leader of the group told our reporter.

He said the protesters were not ready to go home until the lawmakers assured them of favourable considerations in job placement and recruitment.

He said the group had been to the National Assembly last year where a member of the House of Representatives gave assurance that the ,”marginalization” would be addressed.

“We have been here since 11am and we are not leaving here until we get assurance from the leadership of National Assembly that they can fight for us. We can stay here till after one week, we came with our beddings and food items”, Onyegbulam added.

While calling on the National Assembly to make laws that would create jobs for the teeming youths of Nigeria, and by extension, the over 1000 members of the group, Onyegbulam also urged President Muhammadu Buhari to kindly assent to Peace Corps Bill and also develop policies that could help generate jobs for the masses.

Since the main entrance to the National Assembly has been shutdown by the protesters, lawmakers, including their leaders were being forced to take a local route through the backyard, to be able to access their offices, while visitors were turned back from the entrance.

Governor Godwin Obaseki of Edo State, yesterday, sent names of his commissioner nominees to the House of Assembly for screening and confirmation.

In the letter sent to the Speaker of the House, dated June 19, Obaseki said the nominees represented the 18 local government areas of the state.

The nominees are Yekini Idaiyi from Akoko-Edo Local Government Area, Paul Ohonbamu Egor, Hon Christopher Adesotu (Ovia South West), Mrs. Magdalene Ohenhen (Esan South East), Barr. Emmanuel Usoh (Esan North East), Mr Jimoh Ijegbai (Owan East), Mr Joseph Ugheoke (Estako Central), Mariam Abubakar (Estako West), Mika Amanokhai (Estako East) and Monday Osaigbovo, (Ovia North East).

Others are Barr. E. Agbale (Esan Central), Mr Osazee Ero (Orhionmwon), Mr Osagie Inegbedion (Igueben), David Osifo (Uhunmwode), Prof. Yinka Omoregbe (Oredo), Reginald Okun (Owan West), Mr Amiolemen Osahon (Esan West), and Edorodion Erimona Oye (Ikpoba-Okha).

Obaseki, therefore, solicited for the support of the house in screening and confirming those he chose.

The Speaker, Justin Okonoboh, consequently directed the nominees to submit 30 copies of their credentials to the Committee on Rules, Business and Government House within 24 hours.

An ongoing staff verification at the National Assembly has led to the discovery of about 150 ghost workers, The Nation reports. A hundred of the ghost workers were discovered in the House of Representatives, sources said.

“The verification exercise has turned up fundamental discoveries,” one source said.

The verification is part of the measures put in place to reduce the running cost of the legislative arm. It was gathered that the debt profile of the National Assembly which is put at N17billion has been giving the leadership some concern.

The huge debt is understood to be largely responsible for the inability of the management to procure utility vehicles for the lawmakers at once, as well as upgrading of existing facilities and embarking on other projects.

A sum of N7b is earmarked for the purchase of utility vehicles for the lawmakers in the 2017 budget.

To address the debt and other management issues, following a protest by legislative aides, the management embarked on the staff verification exercise that commenced last year with legislative aides.

The legislative aides have been paid only one quarterly allowance of N75,000 per head since the inauguration of the 8th Assembly.

N9.6b including N150m for capital projects was allocated to Legislative aides by the National Assembly management in the 2017 budget.

In a memorandum to all lawmakers, details of legislative aides attached to individual lawmakers were requested.

This was prompted by reports that some lawmakers employed fewer than the mandatory five aides.

The lawmakers were requested to provide the names, designation, cadre and other details of their aides.

The management has already reduced the number and salaries of legislative aides to the presiding officers and their deputies.

Between them, the Speaker and the Deputy Speaker have about 20 aides earning between N450,000 and N950,000 monthly.

Done with the legislative aides, the management embarked on staff audit exercise whereby all civil servants were directed to physically appear before a panel with their employment letters.

The completion of the physical appearance was followed by physical payment of salary which did not go down well with a number of workers.

The table payment of salary that began in April may last through till June, it was learnt.

This became necessary as it was discovered that some workers that turned up for the physical verification failed to show up for the salary table payment.

Sources said some names on the payroll are those of those “have either left the service or transferred from NASS.

“Some that have either retired or dead still maintain their places on the payroll.

“The discovery of all these was made possible by the physical audit exercise.

“It is now obvious that the management was just burdened by induced manipulations but I think by the time this is concluded and necessary sanctions applied on those found culpable, the fortune of the institution will begin to improve,” she said.

The staff verification exercise also became imperative following allegations of falsification of appointment details by some senior staff jostling for the position of the Clerk of the House.

The incumbent, Gani Ojagbohunmi has a year to retire from service, it was learnt. Irregular inter-departmental transfer without documentations and approval was also cited as part of the reasons responsible for the staff audit exercise

Some Directors were alleged to have falsified their age in order to gain undue advantage for the existing vacancies in the management cadre.

According to the source, no fewer than five Heads of Departments, especially those seconded from other establishments have changed their records of service in order to prolong their stay in service.

Efforts to get reaction from the Clerk to the National Assembly (CNA), Mohammed Sani-Omolori failed as his security aides told our reporters that the CNA could only be contacted through phone.

They told our reporters to call the CNA.

After being told that the CNA’s phone numbers were in not in public domain, the reporters were later referred to Yahaya Dan Zaria, Director, Public Affairs (Office of the CNA), who also refused to see the reporters but asked Director, Information and Publication, Ishaku Dibal to interface with the reporters.

Dibal informed the reporters that answers to their queries could only be provided by the Secretary, Corporate Affairs, Bala Shehu Jabo who remained unavailable, despite several visits to his office.

Veteran Nigerian musician and political activist, Charles Oputa popularly known as Charly Boy yesterday in a series of tweets accused the National Assembly of being compromised. He accused them of valuing their pockets more than the well-being of the nation.

The Area Fada as he is also known accused them of peddling misinformation, “eternal miseducation” and trying to frustrate the current EFCC boss, Ibrahim Magu.

Read his tweets below: