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Senate okays independent candidates, LGs autonomy

The Senate on Tuesday at plenary unanimously approved the report of the Conference Committee on the Fourth Alteration of the 1999 Constitution Amendment Bill 2014.

In passing the Conference Committee report, the Senate approved the provision of the Bill in Section 65, which provides for independent candidates in election in the country so that interested politicians could contest elections on zero party basis.

The Upper Chamber also adopted the provision of the report in Section 7, granting autonomy to the local governments in the country by providing for their funding, tenure, elections, and to clearly delineate their powers and responsibilities to ensure effective service delivery and insulate them from undue interference from state governments.

The Senate also approved the recommendation of the Committee in Section 9 of the Bill, which removed the power of the President to assent to any bill in respect of Constitution alteration.

According to Section 9 of the Bill as contained in the report, the essence of the removal of the power of the President to assent to an alteration bill was to enhance the sovereignty of the citizens through their elected representatives.

The Senate further approved Section 4 of the Amendment Bill, which places immunity on legislators at all levels of governance in respect of words spoken or written in the exercise of their legislative duties in their respective chambers.

Section 45 of the Bill, which enshrines the right to education and the right to health, as fundamental human rights in the Constitution, was also approved by the Upper legislative Chamber.

The National Assembly also moved to whittle the powers of the President through Sections 58 and 100, which lawmakers claimed were designed to resolve the impasse where the President or governor of a state neglects to signify his assent or withholds such assent.

According to the Conference Report, removing such powers from the President or governor would strengthen legislatures’ authority and enable timely passage of laws for good governance.

Similar to the above is Section 59 of the Constitution Alteration Bill, which authorises the President of the Senate to convene a joint meeting of the National Assembly to reconsider a money bill where the President withholds his assent.

Section 67 of the Bill makes it mandatory for the President to attend a joint meeting of the National Assembly once a year to deliver a state of the nation address.

Also, for the purpose of accountability and efficient service delivery, the Senate also approved Section 81 which provides for the funding of the Office of the Auditor-General of the Federation, Office of the Attorney-General of the Federation, National Security Agencies, the Nigeria Police and the Revenue Mobilisation and Fiscal Commission directly from the Consolidated Revenue Fund of the Federation.

Meanwhile, a Federal High Court in Abuja on Tuesday fixed November 27 to deliver judgment on a suit in which ex-President Olusegun Obasanjo’s former lawyer, Dr. Tunji Abayomi, is challenging the constitutionality of the just concluded National Conference.

Abayomi had approached the court to stop the Federal Government from going ahead with the conference.

President Goodluck Jonathan; the Attorney-General of the Federation, Mohammed Adoke; the President of the Senate, David Mark; and the Speaker of the House of Representatives, Aminu Tambuwal, were cited in the suit as the defendants.

Justice Abdul Kafarati fixed the date Tuesday after listening to submissions canvassed by both counsel in the matter for and against the action.

In the suit number FHC/ABJ/CS/ 167/204 and dated March 3, 2014, Abayomi argued that the President lacked the powers to convoke or convene a national conference without authorising legislation from the National Assembly.

He asked the court to determine whether a national conference could be convened by the President and/or Federal Government of Nigeria without an enabling law made by the National Assembly.

The plaintiff therefore asked the court to restrain the Federal Government from going ahead with the conference.

Jonathan had said that the outcome of the national conference would be sent to the National Assembly as part of the ongoing Constitution amendment programme.

In another development, the House of Representatives Tuesday moved to address the ambiguity in the National Broadcasting Commission (NBC) even as the bill to replace some sections of the law establishing the commission passed its second reading.

The bill, which passed second reading and was referred to the Committee on Rules and Business, according to the sponsor, Hon. Aishatu Ahmed, when eventually passed into law would not only  break the monopoly currently enjoyed by some foreign agencies but subsequently opens up the space and creates opportunities for indigenous participation as well as employment options for  Nigerians.

Hon. Aishatu while leading debate on the need to amend the NBC Act that came into effect in 1972, said the lack of level playing field, domination of the broadcast industry by foreign agencies and the high cost of premium for cable television services, makes amendment to the act inevitable.

He noted that the Act at present stiffens the industry making it impossible for Nigerians to compete with the foreigners who have both logistics and experience to dominate the industry.

Hon. Eziuche Ubani had opposed the bill on the grounds that cable broadcasting is big business that requires sufficient resources to operate and imposes high premium on consumers and should therefore not be seen as a patriotic social service.

But several other contributors to the debate were of the view that the exclusive rights which organisations like the DSTV enjoys should be broken through liberalisation of the enabling act to promote competition, efficiency and expand opportunities for participation of Nigerians in the world markets.

When the Deputy Speaker, Emake Ihedioha, who presided in the absence of Speaker Aminu Tambuwal, put it to vote an overwhelming majority voted in favour of the bill and he referred it to the Committee on Rules and Business for subsequent consideration.

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