As both chambers of the National Assembly , resume today from their annual long recess, TAIYE ODEWALE examines issues awaiting legislative attention.
The annual recess
In line with its legislative calendar, the National Assembly embarked on 2021 long recess Thursday July 15, 2021 after passing for third reading, some bills of urgent national importance like the Petroleum Industry Bill now an Act, on account of Presidential Assent to it .
Also expeditiously considered by both the Senate and the House of Representatives before the long recess, were the 2010 Electoral Act ( Amendment) Bill 2021 and the 2022 – 2024 Medium Term Expenditure Framework (MTEF) and Fiscal Strategy Paper (FSP).
While in the case of the Electoral Act (Amendment) Bill, both chambers separately passed it for third reading but yet to harmonise differences in some of the clauses passed, the MTEF/FSP documents were passed for second reading for the required interface of their relevant committees with heads of the various Federal Government owned Ministries, Departments and Agencies ( MDAs); during the recess, which were done.
Required legislative work
Having separately passed the 2010 Electoral Act (Amendment) Bill 2021 for third reading before embarking on recess in July, both the Senate and the House of Representatives are expected to constitute their conference committees this week for harmonisation of differences in the bill passed, particularly, clause 52(3) which dwells on electronic transmission of election results.
Recall that while the House of Representatives passed the clause as originally proposed, the Senate amended it .
The clause as originally presented for consideration by the Senate Commitee on Independent National Electoral Commission ( INEC), states: “The commission may transmit results of elections by electronic means where and when practicable”.
But the Upper Legislative chamber passed the amended version of the clause which states: “Adequate Coverage and effective working of Network must be adjudged by the Nigeria Communication Commission (NCC) for electronic transmission of election results by INEC”
Having been in the eye of the storm since passage of the amended clause, the Senate may reverse itself at the conference commitee by settling for the one passed by the House of Representatives and originally proposed by its own Commitee on INEC.
Also requiring urgent legislative attention by both the Senate and the House of Representatives this week or latest by next week, is the 2022 – 2024 MTEF/FSP document forwarded to them for expeditious consideration and passage by President Muhammadu Buhari in July.
Apparently being documents containing parameters and projections upon which 2022 budget estimates will be based, the leadership of both chambers, urged their relevant committees to expedite actions on the documents.
This, as declared by the President of the Senate, Ahmad Ibrahim Lawan, will pave the way for its passage in September and 2022 budget presentation by President Muhammadu Buhari in line with the Fiscal Responsibility Act.
Other required legislations
Also at the front-burner of legislation, are expected reports from Ad-hoc Committees on Constitution Review from both chambers separately headed by the Deputy President of the Senate, Senator Ovie Omo-Agege and Deputy Speaker of the House of Representatives, Hon Idris Wase.
The committees, it would be recalled, were inaugurated in February 2020 for the Constitution review exercise in response to agitations to that effect by concerned Nigerians.
Though the committees largely used the year 2020 for memoranda collections but have done the required public hearings across the various zones on items being sought for amendment in the 1999 constitution in June this year.
Being a cumbersome process, requiring inputs of the States Houses of Assembly, clause by clause reports or recommendations of the committees are expected to be laid and voted upon at both chambers latest by next month for onward transmission to the state lawmakers.
Little wonder that at the Upper Legislative chamber in July before embarking on the now ended recess, the President of the Senate , Ahmad Lawan, emphasised the need for the committee to tidy up its assignment for submission of report on resumption .
“Time is of essence as far as the Constitution Review exercise is concerned which I believe , the Ad-hoc Commitee ably led by the Deputy President of the Senate, is mindful of.
“The Commitee will surely use the period of the long recess to tidy up its assignment for submission of report on resumption in September,” Lawan had said.
Expectedly , the Deputy President of the Senate, Ovie Omo-Agege during the recess, assured Nigerians that thoroughness and timeliness will be ensured in carrying out the exercise.
Clarification on state creation
Despite Omo-Agege’s assurances, a rebuttal was issued on purported state creation by the Senate few weeks ago, indicating that state creation will not be part of the report to be submitted at both chambers.
The Senate’s spokesman, Senator Ajibola Basiru in the rebuttal said: “Senate Committee did not propose creation of 20 new states.”
The statement read, “Our attention has been drawn to a media report that the Senate Committee of Review of 1999 Constitution has proposed the creation of additional 20 States.
“The report is a gross misrepresentation of the decision of the committee on the request for creation of more states. Far from recommending creation of any state, the Senate Committee, while acknowledging receipts of several bills proposing creation of new states, decided that it is not in a position to recommend or propose the creation of any state unless there is compliance with the provisions of section 8 of the 1999 Constitution of the Federal Republic as amended.
“For ease of reference, Section 8 of the Constitution provides: An Act of the National Assembly for the purpose of creating a new state shall only be passed if-(a) a request, supported by at least two-thirds majority of members (representing the area demanding the creation of the new state) in each of the following, namely – (i) the Senate and the House of Representatives, (ii) the House of Assembly in respect of the area, and(iii) the local government councils in respect of the area, is received by the National Assembly;
“(b) a proposal for the creation of the state is thereafter approved in a referendum by at least two-thirds majority of the people of the area where the demand for creation of the state originated;
“(c) the result of the referendum is then approved by a simple majority of all the states of the federation supported by a simple majority of members of the Houses of Assembly; and (d) the proposal is approved by a resolution passed by two-thirds majority of members of each House of the National Assembly.
“In view of the above, the Senate Committee is not in a position to propose creation of any state as reported. Rather the committee decided to refer the requests received to Independent National Electoral Commission to ensure compliance with section 8 of the Constitution by conducting referendum in the areas if the requests supported by at least two-thirds majority of members (representing the area demanding the creation of the new state) in the Senate, the House of Representatives and the House of Assembly in the area.
“The above clarifications are imperative to set the record straight,” he said.
In all, for federal lawmakers at both chambers of the National Assembly , three solid months are in their hands before the end of the year for required legislations on issues highlighted .
