Wednesday 10 July 2013

Constitution amendment: Single term splits Senate as lawmakers vote tomorrow
The Senate was split yesterday over the proposed six-year single tenure for president, his deputy, governors and their deputies recommended by its Constitution Review Committee (CRC) which submitted its report recently.
While some lawmakers said single tenure was an invitation for chaos, others endorsed it. The debate on the report commenced in the Upper Chamber yesterday.
The Senate was also divided down the line over the retention of immunity clause, autonomy for local governments and abolition of state and local government joint accounts.
Some lawmakers argued that Nigeria was not ripe for a single tenure for executive offices while some said that the South-East had been short-changed over the creation of new states.
Out of the 20 Senators who spoke on the first allotted date of debate on the report, only three abstained from speaking on single term. They preferred to keep silent on the matter.
On the day Senate commenced debate on the report of the Senator Ike Ekweremadu-led CRC on further alteration of the provisions of the 1999 Constitution Bill, 2013, most members described the proposal as an open invitation to chaos, anarchy, and an entrenchment of corruption and disenfranchisement of Nigerians.
Leading debate on the bill, Senator Isa Galaudu (Kebbi State) said there’s not enough justification for changing the tenure of executive offices, adding that it would “encourage  corruption” and create tension in the country. However, Senator Clever Ikisikpo (Bayelsa) was silent on tenure, saying it was better to retain the immunity clause as its removal would cause a distraction to governance.
Chairman of the Committee on Public Accounts, Senator Ahmad Lawan (Yobe), argued that granting local governments, financial autonomy would not  automatically translate to performance. Although he supported abolition of state and local government joint accounts, he nevertheless, described the single tenure as “an investment in disaster. “It’s an invitation to chaos and anarchy. It’s undemocratic…In a democracy, the will of the people is supreme.
“They should have the opportunity to elect and reject…I want the Senate to throw out the baby with the bath water as far as single tenure is concerned.”
But Chairman of Information, Media and Public Affairs Committee, Senator Enyinnaya Abaribe (Abia) noted that the problem was not with the Constitution, but “with the operators of the Constitution.”
An angry Abaribe asked why the CRC entertained and encouraged agitators of creation of new states to send in memoranda when it knew it was powerless to create states for them. On single term, he said: “my people said no.”
Senator Ali Ndume (Borno) canvassed a system where mid-term elections would be allowed as  barometer to test whether elected representatives are working for the people or not while the Chairman of the Foreign Affairs Committee, Matthew Nwagwu, said his people had initially wanted to support the single tenure only on the premise  that the office of the President would be rotated.
“Since it is no longer there, we reject it. We are highly disappointed it’s not on the agenda. It’s a disenfranchisement because the South-East is shortchanged here by at least three Senators. We are disenfranchised at all levels…”
Senator Mohammed Magoro (Kebbi) urged his colleagues to “nail the coffin of the six-year single term” while Adamu Gumba (Bauchi) informed the chamber that his “people have rejected the single term. They say it would encourage corruption and other vices…”
Chairman of the Health Committee, Senator Ifeanyi Okowa, was silent on the single term but Senator Gyan Pwajok canvassed the principle of rotation while Senator Ayo Akinyelure was also silent on tenure for executive offices.
Senator Ibrahim Gobir asked how tenure would lead to development. “This is just tenure elongation by subterfuge. It would lead to subterfuge, sentimentalism and dictatorship. At the end of the day, it would engender corruption.” Senator Gbenga Ashafa conveyed his constituents’ displeasure with the non-regard for Lagos State’s request for a special status in the Constitution.
Senators Victor Lar (Plateau), Abdulmumini Hassan (Jigawa), Abatemi Usman (Kogi), George Sekibo (Rivers), Solomon Ewuga (Nasarawa) and  Ajayi Borrofice (Ondo) all opposed the single tenure.
Earlier, Ekweremadu, who led the debate presented a supplementary report on the amendment of the Constitution which expressly sets out a time limit for pre-election litigation.
Titled: “Time for determination of pre-election matters,” Ekweremadu who is Deputy Senate President, said: “We recommend that section 285 of the Constitution be altered by stipulating a time limit within which pre-election matters shall be filed and determined so that they do not linger in the courts for an unusual length of time.
“Accordingly, a new sub-section 1A (i-iv) is provided as follows: 1A—-(i) Notwithstanding anything to the contrary in this Constitution, every pre-election matter shall be filed not later than seven days from the date of occurrence of the event, decision or action complained of in the suit…”
Sub-sections ii-iv stipulate how the court should deliver judgment within 180 days from the filing of the suit, while the appeal of that judgment should be done within 14 days and the court’s decision should be disposed off within 60 days.
Senate Leader Victor Ndoma-Egba (SAN) thereafter, moved a motion to defer debate till today while Minority Leader George Akume seconded the motion. Senate President David Mark informed the chamber that voting on the proposed amendments would take place tomorrow. He urged his colleagues to be punctual for the voting as it would take a while to conclude.


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