- We won’t have minority preside over majority, APC senators insist
- For INEC, it won’t be business as usual – Sen. Olujimi
Indications have emerged on the uncertainty that may pervade the National Assembly as Senate resumes temporarily from its annual vacation this week to deliberate on the budget proposal submitted by the Independent National Electoral Commission for the execution of the 2019 general elections.
The Point authoritatively gathered that lawmakers from the ruling All Progressives Congress and the opposition Peoples Democratic Party are already in a panic mood, as nobody could predict what would happen once plenary begins.
Impeccable sources told our correspondent at the weekend that the key issue that might surface and possibly create a constitutional crisis in the upper legislative chamber would be that of the legitimacy of the presiding officer, following the defection of the incumbent, Bukola Saraki, from the APC, the party with majority members; to the PDP, the party with minority members in the Senate.
The leadership is by no means affected by whatever is happening. There will be no problem of any sort. The Senate will progress with its constitutional responsibilities and will adjourn as has always been the case
This, exactly, is in line with the questions agitating the minds of many Nigerians as keen observers of the development wonder whether or not the APC senators would allow Saraki to continue presiding over the sessions of the Senate or move to remove him in line with the provisions of the 1999 Constitution. Others are asking whether the APC senators would ignore the provisions of the constitution and create crisis in an attempt to forcefully sack Saraki from office.
Already, senators elected on the platform of the APC, the party leadership and even individuals in the Presidency, which is controlled by the APC, are calling on Saraki to resign or be sacked, an option Saraki and other PDP senators have refused to accept or even consider.
But Saraki, in a telephone chat with The Point, indicated that, despite the anxiety around the Senate session billed for Tuesday, he would preside without rancour.
The senate president, who spoke through one of his aides, said, “There is no threat from anywhere. The leadership of the Senate is not threatened, so also the Senate. Rest assured that when the Senate resumes next week (this week), everything will be perfect.
“The leadership is by no means affected by whatever is happening. There will be no problem of any sort. The Senate will progress with its constitutional responsibilities and will adjourn as has always been the case.”
Another factor that may deepen the crisis is the fact that the Deputy Senate President, Ike Ekweremadu, who is constitutionally expected to preside in the absence of the Senate President, is also of the PDP.
By last weekend, most of the serving senators contacted on the issue chose to speak on the condition of anonymity because, as one of them put it, “the plan of action is being perfected by the caucus (APC) and we are keeping it to ourselves; but we will not have a minority preside over the majority.”
Former senator, Ayo Arise, told The Point at the weekend that it was difficult to predict what would happen because of the feeling of the people; the legislative precedents that had always left the majority in charge of the legislature; and of course, the provisions of the constitution.
He reacted after a long silence when the question was put to him, “I don’t know. I can’t predict what will happen. My position is that the party with the majority in the Senate should present a presiding officer.”
However, Senator Magnus Abe from Rivers State said in a telephone interview at the weekend that the sitting this week would come and go peacefully despite the discomfort created by having the majority led by a minority.
He was optimistic, saying, “I don’t see any crisis when we reconvene. The point is that a lot of people are not comfortable with the fact that the minority will be leading the majority in the Senate.
“It is unusual but I don’t see anything happening. I think that on Tuesday, everybody will be focused on why we have been recalled.”
He said though APC might swallow its pride for now, “down the road, a decision will be taken. There will be a reaction. Whether it will be on Tuesday, I do not know yet.”
Provisions of the Constitution
Based on the provisions of the 1999 Constitution as amended, Saraki, whose assumption of office in 2015 was also controversial, still remains the legitimate presiding officer of the Senate, until he is removed by two-thirds majority of members of the Senate.
This implies that under normal situations, the Senate should not be facing any critical constitutional crisis because the legality of Saraki and Ekweremadu as presiding officers is already settled in the Constitution.
Section 53 (1)(a) of the 1999 Constitution states, “At any sittings of the National Assembly—(a) in the case of the Senate, the President of the Senate shall preside, and in his absence, the Deputy President shall preside.”
However, the Senate is facing an abnormality, which does not fall within the contemplation of the 1999 Constitution.
By legislative precedence, worldwide, with only insignificant exceptions, it is always the party with majority of members that produces the presiding officer and not the other way round. But legislative precedents are subservient to the constitution.
Presently, in the Nigerian Senate, the ruling party does not have enough majority to sack Saraki and Ekweremadu from office as required by Section 50 of the 1999 Constitution despite the fact that the duo belong to a party with less number of members in the Senate.
Section 50(2) states as follows: “The President or Deputy President of the Senate or the Speaker or Deputy Speaker of the House of Representatives shall vacate his office—
“(a) if he ceases to be a member of the Senate or of the House of Representatives, as the case may be, otherwise than by reason of a dissolution of the Senate or the House of Representatives; or
“(b) when the House of which he was a member first sits after any dissolution of that House; or
“(c) if he is removed from office by a resolution of the Senate or of the House of Representatives, as the case may be, by the votes of not less than two-thirds majority of members of that House.”
With 109 senators inaugurated at the beginning of the Eighth Senate, the Senate would require a minimum of 73 senators to remove Saraki and Ekweremadu from office; and at the last count, APC had less than 55 senators in its fold.
Options before APC senators
The Point gathered that the options before the APC senators are not many. The first is that they swallow their pride and remain constitutional by mobilising members of the opposition parties in the Senate, including PDP members, to remove Saraki and Ekweremadu.
If that fails, another constitutional option is for the APC to submit itself to the leadership of the opposition party that is also in the minority in the Senate since it cannot meet the constitutional requirements to oust the existing presiding officers.
The third option borders on unconstitutionality. Our correspondent gathered that this would happen if the party employs forceful means to change the leadership of the Senate, an action that could create serious crisis, which might lead to attempts to impeach President Muhammadu Buhari.
Such an action, it was learnt, would also whip up sentiments in favour of the PDP, not just in the struggle for control of the Senate, but also in the 2019 general elections.
The Point recalls that in 2014, Aminu Tambuwal, the then Speaker of the House of Representatives, had defected from the PDP to the APC and was not impeached; neither was his office threatened although he belonged to a minority party in the House.
Although Tambuwal served till the end of his tenure, Senator Arise said it was not necessary to allow the case of Tambuwal to repeat itself now because this is a new era.
“The case of Tambuwal was an exception. That was then. We cannot allow that to continue in this dispensation,” he said emphatically.
Elections budget:
Meanwhile, a tough time really awaits INEC as it presents its budget to the lawmakers, The Point has authoritatively gathered.
Findings by our correspondent revealed that it won’t just be business as usual with the elections budget proposal as the document may have to be subjected to rigorous screening by the lawmakers.
Pointers to what INEC might expect was given by the Senator representing Ekiti South senatorial district, Biodun Olujimi, who confirmed that the major reason for the resumption of plenary by the Senate was the budget presented by INEC.
Olujimi however disclosed that the Senate was ready to make INEC pay for it through its nose, saying the presentation of the budget by the Commission close to the Senate’s recess was not good enough.
The Senator said: “The meeting is majorly to look at all the pending issues, especially on INEC budget. Already, other Senators were making an issue out of it because we have met with INEC to find out why it became so urgent, why didn’t they present it from January to June, why is it now that they are bringing it, why is it so urgent?
“Why didn’t they add it to the budget? And why did they bring it in July when they knew we are going for a break?
“So our conveyance will take a critical look at the issues surrounding INEC’s presentation of the budget. A lot of questions will be raised for the Commission and we are ready to scrutinise things thoroughly. It will not be business as usual.”
Corroborating Olujimi, Senator Kabir Marafa, who represents Zamfara Central Senatorial District, said the amount presented to the Senate by INEC is subjected to review and amendment as necessary. According to him, INEC should not expect easy passage of the budget by the Senate as the Senate is ready to ensure that appropriate checks are done on it.
“I think the budget is not a secret document. It is not something that the chairman of INEC will keep inside his drawer. Budget is not a secret settlement. It is not something that the chairman of INEC will keep inside his drawer or the legislature or anybody. Whatever that comes to the legislature is the public document, so why not let people sit down and look at the content and criticise based on what they have seen. I don’t understand why people are making this kind of noise when there is nothing, wait till you see it, then you will now ask the question, why is it like that? It is not about the money, let us look at the ideal, what it is going to inflict.
“We are the representatives of the masses, INEC should not just expect that they will just come with the budget and go, no, it will go through laborious checks. It will be committed to development committee that will work on it, they will work on it and bring it back to the Senate so that other senators will have the opportunity to look at what the committee does and also ask questions.
“Where they are not satisfied, they will also comment on it. Thereafter, the Senate will scrutinise it and that is why it will be broad. I am just telling you the process. If the Senate can convene because of this budget, it is not just going to be a usual thing, it is not just that they will say we have sent them the budget and have it like that, no, it will go through a lot of scrutiny step by step. Other members can also raise the issue on whether to cut the budget or not, then the majority will carry the vote,” he explained.
Meanwhile, a Senator representing Ogun West Senatorial District, Gbolahan Dada, said coming back from recess to attend to pressing issues like INEC budget is necessary.
According to him, such a call is a necessary price a patriotic Nigerian should pay to buy true democracy for his nation.
“Coming back from recess may not be convenient but we don’t have a choice than to harken to it because it is a national assignment. It is about the budget the presented by the INEC. There is no big deal if we come back from the recess and look at the budget. It is necessary because of national interest. There is no decision that is not reversible since it is for the development of the country. So they can come back to look into the matter since the situation is critical whether convenient or not,” Dada said.
The senator also said the Senate was ready to do justice to the budget presented accordingly.
“Of course that is necessary. Senate will ensure that it is subjected to thorough examination. We cannot come back from recess and do a work that is not worthy,” he affirmed.
In his reaction, Chief Press Secretary to the INEC chairman, Mr Rotimi Oyekanmi, explained that INEC was optimistic about the budget’s approval as appropriate.
“We are hopeful that the budget will be passed next week. We understand that the senators are reconvening on Tuesday, and going by the tone of the discussion, I mean, looking at the meetings between the INEC chairman and the leadership of the chambers of the National Assembly, we are hopeful that the budget will be out next week,”
he said.
On whether the Commission was jittery on the possibility of Senate cutting down the budget , he said: “ Well, don’t let us put the cart before the horse. Let us wait for the budget to be approved first and when we have the details, we can talk about it. Everything we have sent is estimated so, let’s see if it is going to be approved but we can open discussion on it if the outcome is not
worth it.”
