Legislature
Party Primaries: Senate Amends Electoral Act to allow Buhari, Lawmakers, others Vote
The Senate, has amended the Electoral Act, 2022, to pave way for ‘statutory delegates’ – all those elected – to participate and vote in the conventions, congresses or meetings of political parties.
In what appears to be a major oversight in the new electoral act, elected party leaders such as the President, National Assembly members, Governors would have been shut out from voting during party primaries.
The Electoral Act as passed into law by President Muhammadu Buhari made provision for only elected delegates, excluding those often referred to as “statutory delegates’.
The amendment came after expeditious consideration of a bill which scaled first, second and third readings, respectively, and was passed during plenary by the chamber after consideration by the Committee of the Whole.
In his contribution to the debate, Leader of the Senate, Abubakar Yahaya said the proposed amendment was to “correct an unintended error” of excluding ‘statutory delegates’ from participating in their political parties conventions, congresses and meetings.
The error if not detected and amended could prevent
“Statutory delegates’ like President Muhammadu Buhari, his Vice, Yemi Osinbajo, President of the Senate, Ahmad Lawan and other members of the National Assembly from participating in their respective party primaries.
Others that would have been excluded include State Governors, and National Working Committee (NWC) members of the various political parties.
Aware of the far reaching consequences, the Senate quickly moved to amended Section 84 of the Principal Act by deleting the existing subsection (8) and inserting a new subsection (8) after subsection (7) to read as follows:
“A political party that adopts the system of indirect primaries for the choice of its candidate shall clearly outline in its constitution and rules the procedure for the Democratic election of delegates to vote at the convention, congress or meeting, in addition to statutory delegates already prescribed in the Constitution of the party”.
With this amendment by Senate, the House of Representatives is expected to within the week work on the same document and concur with the upper legislative chamber before it could be sent to President
Muhammadu Buhari for his assent.
With about three weeks to political parties’ primaries; federal lawmakers may need to exert some pressures on Buhari to urgently assent to the document.
While presenting his lead debate Omo-Agege, indicated that the bill was seeking to amend the provision of section 84(8) of the Electoral Act.
According to him, the provisions of the section “does not provide for the participation of what is generally known as ‘statutory delegates’ in the conventions, congresses or meetings of political parties.”
“The extant section only clearly provides for the participation of elected delegates in the conventions, congresses or meetings of political parties held to nominate candidates of political parties.
“This is an unintended error, and we can only correct it with this amendment now before us”, the Deputy Senate President said.
The President of the senate, Ahmad Lawan, indicated that the amendment became imperative in view of the deficiency created by the provision of section 84(8) of the extant Act.
He said, “The amended Electoral Act of 2022 that we passed this year, has a deficiency that was never intended and that deficiency will deny all statutory delegates in all political parties from participation in congresses and conventions.
“And, therefore, such a major and unintended clause has to be amended before the party primaries starts in the next eight days. This is an emergency legislation, so to speak.
“Our expectation is that the National Assembly – the two chambers – would finish with the processing of the amendment of this bill, between today (in the Senate) and tomorrow (in the House of Representatives), and then the Executive will do the assent.
“That is so important to enable every statutory delegate to participate in the party primaries right from the beginning that will start on the 18th of May, 2022.
“So, this is an emergency effort to ensure that nobody is denied his or her rightful opportunity as a delegate, especially the statutory delegates, and these are those who are elected.
“These are the President, Vice President, Members of the National Assembly, Governors, Members of the State Houses of Assembly, Chairmen of Council and their Councillors, National Working Committee Members of all the political parties and so on.
“This is a fundamental effort to ensure that we address this within the week, so that by next week, the Electoral Act, 2022 (amended version), will be very salutary for us to start our party primaries.”
After staying away for 75days out of 90 days suspension slammed on him by the Senate on March 12, 2024, Senator Abdul Ningi ( PDP Bauchi Central), formally resumed legislative activities at the Senate on Tuesday in plenary.
On the strength of motion sponsored by the minority leader Senator Abba Moro on behalf of minority caucus, the Senate recalled Senator Ningi from the three months suspension
Recall that Senator Ningi was suspended by the Senate at the committee of the whole on 2024 budget padding allegation leveled against the Senate during interview he had with the BBC Hausa service.
The Senate had recalled the Lawmaker representing Bauchi Central, Abdul Ningi after 2 Months and two weeks of the 3months suspension slammed on him over his interview in which he alleged padding of the 2024 N28. 7tn budget.
The lawmaker was suspended on the 12th of March, 2023 for three months, but the Senate on Tuesday unanimously resolved to recall their colleague from suspension.
Recall that, Senator Olamilekan Adeola had come under Orders 9, 10, 41, and 51 to move a motion of privilege and issue of national importance against Ningi over his interview with the British Broadcasting Corporation (Hausa Service).
Ningi had, in the interview alleged that the budget passed by the National Assembly for the 2024 fiscal year is N25tn while the one being implemented by the Presidency is N28.7tn.
The motion, for the unconditional recall of Senator Abdul Ningi was sponsored by the minority leader Senator Abba Moro, Senator Olalere Oyewumi and Senator Osita Ngwu.
Apparently elated to be back in the Senate, Senator Ningi was among the first set of Senators and House of Representatives members to arrive the National Assembly for plenary on Tuesday
Senator Ningi who along with some few other Senators like Suleiman Kawu ( NNPP Kano South), Aminu Waziri Tambuwal (PDP Sokoto South) etc , came into the National Assembly through the Villa Gate, arrived exactly at 10: 40am, 20minutes to 11:00am fixed for commencement of plenary which even started at about 12:10 pm .
Following his suspension , Senator Ningi lost his Chairmanship position of the Senate Committee on National Identity and Population, which was allocated to Senator Mustapha Musa (APC Yobe East), two days after the now lifted suspension
Legislature
Minimum Wage: Senate tackles Labour over National Grid Shutdown, disruption of Hajj flight
**Resolves to use legislation to prevent reoccurrence
The Senate on Tuesday expressed displeasure at some of the excesses by some members of Nigeria Labour Congress ( NLC) and Trade Union Congress ( TUC) during the nationwide strike for new minimum wage on Monday.
The upper legislative chamber declared that the shut down of the National Grid and the disruption of Hajj flight by some labour unionists were more of economic sabotage than agitation for new minimum wage.
It consequently declared that such situation would not be allowed to re – occur as laws against it would be reflected in the new national minimum wage Act that would be enacted soon after submission of bill to that effect by the executive.
Senate’s grouse against the alleged excesses of labour unionists during the now suspended nationwide strike, came through a motion on the strike action and new minimum wage by the Chairman, Senate Committee on Labour, Senator Diket Plang (APC Plateau Central).
Senator Plang had in the motion, requested the Senate to call on the federal government to expedite action on new minimum wage as a way of stopping the industrial unrest which was however overtaken by sudden suspension of the strike by labour.
But in his remarks, the President of the Senate, Senator Godswill Akpabio said though it was heartwarming that the strike has been suspended but the excesses by some labour unionists need to be condemned
“One of such excesses, was the shut down of the National Grid which is more of an economic sabotage than agitation for new minimum wage.
“Disruption of Hajj flight by some other labour unionists as said by the Deputy President of the Senate, is also not palatable being a religious exercise.
“Also, disruption or prevention of students from writing their West African School Certificate Examination by some labour unionists during the strike was bad because the examination is not organized by Nigeria but West African Countries “, he said.
He added that such actions would not be allowed to be repeated as required laws against them, would be reflected in the new National Minimum Wage Bill expected from the executive very soon.
He,however commended the labour unions for calling off the strike
“I want to thank the Nigerian Labour Congress and the Trade Union Congress for listening to the voice of Nigerians and the international community by calling off the strike to enable negotiations to continue and we wish them well in the negotiations.
“On our part, we will continue to do our best by making contributions and at the same time awaiting the incoming Bill on Minimum Wage for us to enact for the benefit of all Nigerians”, he said .
**Counters AGF, insists Bill does not need wider consultation
The Senate on Tuesday approved a Bill to change the current National anthem titled “Arise O Compatriots ” to the old national anthem “Nigeria, we Hail thee”.
Following the consideration of the report of its Committees on Judiciary, Human Rights and Legal Matters, and Federal Character, and Inter governmen Affairs on Tuesday, the Senate passed the bill entitled, “National Anthem Bill, 2024” for third reading.
The Senate passed the bill amidst stakeholders misgivings, including Lateef Fagbemi, the Auditor-General of the Federation and Minister of Justice against hasty passage and the need for a wider consultation.
The bill was read for the first and second time last week Thursday at the Senate. It also received an accelerated hearing at the lower house as it was read for the first, second and third time.
The Bill will be transmitted to President Bola Tinubu for assent. If signed into law, it will be the first time Nigeria’s national anthem will be given legal backing.
Mongu nu Tahir, the Senator representing Borno North, while presenting the report of the Committee during plenary informed that the Bill seeks to give a legal framework to the national anthem “so that it can bite and bite with all the legal powers embedded in it.”
He clarified that the Bill, despite the concerns raised by the AGF does not need to be subjected to a wider process of citizen participation through zonal public hearings, resolutions of the Federal Executive Council, Council of State, National and State Assemblies, etc.
He insisted that the Bill is an ordinary Bill, not a constitutional amendment and only requires it to be read first, second and third time after a public hearing.
Presenting the committees report, Monguno however said that the new national anthem is apt as it represents the country’s people, culture, values and aspirations.
“The bill is in tandem with the spirit of unity. It will undoubtedly inspire a zeal for patriotism and cooperation. It will promote cultural heritage. Changing the national anthem will chart a path to greater unity”, Tahir said.
He then recommended that the bill be passed. The Senate then resolved to the committee of the whole to consider the report. After which, Godswill Akpabio, the Senate President put the bill to a voice vote and lawmakers supported it.
The Senate president also noted that the AFG is not a lawmaker and does not have a full understanding of how Bill’s are passed.
The bill was consequently read for the third time and passed.
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