Politics
Senate In Stormy Session Over Buhari’s N23.7trn ‘Ways And Means’
The Senate was in disarray for several hours, on Wednesday, over how to restructure the payment of N23.7 trillion “Ways and Means” secured from the Central Bank of Nigeria, CBN, in the last 10 years.
President of the Senate, Senator Ahmad Lawan, forced the lawmakers to go into a closed-door session to stop the chaos from degenerating into a brawl.
“Ways and Means” are loans or advances by the CBN to the Federal Government to enable it to cater for short-term or emergency finance to fund delayed government expected cash receipt of fiscal deficits.
Trouble started when Chairman of Senate Committee on Finance, Senator Olamilekan Adeola (APC, Lagos West), came up with a report on Ways and Means 2022 as requested by President Muhammadu Buhari, last week.
Soon after Adeola’s presentation, Senator Apiafi (PDP, Rivers West), raised a point of order, with very strong argument that President Buhari’s request was unconstitutional and what the Senate was about to do by considering the request was unknown to Nigerian law.
Tension engulfed the Senate when the Senate President, Lawan, ruled her out of order on the grounds that the report should be presented and read by the committee chairman for lawmakers to contribute to the debate.
President Buhari had last week written to the Senate, requesting the approval of restructuring of N23.7 trillion Ways and Means advances given to the Federal Government by the CBN.
The President in a letter read by Senate President during the Plenary session last Wednesday, explained that the ways and means balances as of December 19, 2022, were N23.7 trillion.
President Buhari further stated in the letter that he had approved the securitisation of the Ways and Means balances along the following terms: Amount N23 .7 trillion; Tenure 40 years; Moratorium on principal repayment, three years; and Pricing interest rate nine percent.
The Senate had in line with parliamentary procedure, given the request expeditious consideration by passing it for second reading and mandating its committee on Finance to work on it.
Lawan’s ruling annoyed Senator Apiafi and some senators, thereby leading to a charged atmosphere in the chamber.
At this point, Senator George Sekibo (PDP, Rivers East) raised a point of order, calling on Lawan to step down consideration of the report until lawmakers get more details on what the funds were used for.
In a strong move to stop approval of the report without scrutiny, Senator Sekibo rose through constitutional orders by citing Sections 80, 83, Section113(1) of the 1999 Constitution and Section 38 of the CBN Act to kick against the request.
Sekibo said: “We came into this chamber today and were given the report on N23.7trillion, which has been spent in the past 10 years. Whether it is 10 years or five years, whatever it is, the issue is that such payment, when the loans are taken, the Senate should be informed, we should be abreast with the information that such money is going to be taken because it is being taken on behalf of the people of Nigeria and we are entrusted with the power to make laws.
“According to the constitution, we can appropriate. They brought this up without details for us to approve.
“Section 80 of the 1999 constitution as amended provides that all revenues or other monies raised or received by the federation, not being revenue and other monies payable under this constitution or any Act of the National Assembly into any other public fund of the federation established for a particular purpose, shall be paid into and form one consolidated revenue fund of the Federation.
“No money shall be withdrawn from the consolidated revenue fund of the Federation except to meet expenditure that is charged upon the fund or where the issue of those monies has been authorised by an appropriation act, supplementary act or an act passed in pursuance of Section 81 of the constitution”.
“No money shall be withdrawn from any account other than the consolidated revenue fund of the Federation unless the issue of those monies has been authorised by the Act of the National Assembly.
“Section 80 (4) no money shall be withdrawn from the consolidated revenue fund or any other fund of the Federation except by the approval of the National Assembly, except in the manner prescribed by the National Assembly
“Section 83 the National Assembly may make provision for the establishment of Federation fund for.the Federation and for authorising the President if satisfying that there had arisen an urgent unforeseen expenditure to make advances to meet the needs.
“Section 38 of the CBN Act states ‘any money collected by the federal government as loan or emergency fund in form of Ways and Means Advances must be refunded before collection of another one.’
“Mr President, the relevant laws quoted clearly show that the N22.7triillion Ways and Means Advances already spent by Federal Government without informing the National Assembly was wrong and it will be unfair as representatives of Nigerians to approve this request.”
The Senate, thereafter, went into a closed-door session for one and half hours and the request was stepped down at the end of the day for lack of details.
In a statement on Saturday, the former Senate Leader stated that the allocation of nominees across states and geopolitical zones falls short of the constitutional requirement for fair representation in the composition of the Federal Government.
The ex-Senate Whip warned that allowing the list to pass could deepen ethnic suspicion at a time when the administration should be consolidating national unity.
He highlighted disparities in the spread of nominees, noting that while some states have three or four slots, others have none. He also cited the inclusion of Senator Adamu Garba Talba from Yobe, who reportedly died in July.
“The entire North-East states have seven nominees in the list. Further checks revealed that the South-West geo-political zone has 15 nominees, while North-West and South-East have 13 and 9, respectively.
“North-Central region has 10 nominees in the list of career and non-career ambassadorial nominee while South-South parades 12 nominees,” Senator Ndume said.
According to him, such imbalances could heighten tensions and undermine Section 14(3) of the Constitution.
“My sincere appeal to President Tinubu is to withdraw this list. At this critical juncture in his administration, he should avoid missteps that could undermine national unity and foster ethnic distrust.
“I know him to be a cosmopolitan leader who is at home with every segment and stakeholder in the country. He should withdraw that list and present a fresh set of nominees that will align with the spirit of the Constitution on the Federal Character Principle,” Senator Ndume added.
He accused the legislators of undermining the sanctity of the legislature and acting as instruments of destabilization.
“The members of the Rivers State House of Assembly have, by their actions since they assumed office, shown that they are political puppets and a clog in the wheels of democratic progress,” Comrade Ememobong stated, adding that “They will go down in history as enemies of democracy and those who made mockery of the legislature.”
“So the easiest way to describe their action is a defection from APC to APC,” he said.
Comrade Ememobong announced that the party would deploy constitutional provisions to reclaim its mandate from those who have “ignobly and surreptitiously” abandoned the platform on which they were elected.
“Consequently, the PDP will take legal steps to activate the provision of the Constitution of the Federal Republic of Nigeria (1999 as amended) to recover the mandate gained under the banner of our party which these people have now switched to another platform,” he said.
He urged party members in Rivers State to remain calm and steadfast.
“We urge all party members in Rivers State to remain faithful and resolute, as efforts are underway to rebuild the party along the path of inclusiveness, fairness and equity,” Comrade Ememobong assured.
As the news of the defection of 17 members of Rivers State House of Assembly from the Peoples Democratic Party (PDP )to the All Progressives Congress (APC) continue to make the rounds, a cross section of Rivers people who spoke to The Tide have expressed varying views regarding the development.
At Etche, a senior lecturer with the Rivers State University, who did not want his name in print, said even though defection was the right of politicians, peace and stability remained more fundamental than any action that could further challenge the fragile political situation in the state at the moment.
He also warned that the situation should not be used to witch-hunt any one, adding that the state had suffered enough and needed to be at peace.
In his reaction, Engr Polycarp Geoffrey said even though citizens and residents of the state had cause to be concerned about the decision of the lawmakers, there was nothing to worry about if it was done in good faith.
“I don’t think there is any big deal about it – defection is defection. But people are worried because of past events in the state. So, for me, I don’t see anything about it”, he said.
Engr Geoffrey also urged the Governor Siminalayi Fubara to also openly declare political affiliation in a bid to douse the political tension in the state and to provide clarity regarding his future political direction.
Another respondent, Mr Ebere Alex, alleged ulterior motive behind the law makers’ defection but urged both the law makers and the governor to work for the peace and development of the state.
However, speaking on the development, a chieftain of the PDP in the state, Hon Nname Ewor, told The Tide that said his party would reach out to the remaining lawmakers who have not defected.
He also denied an alleged internal squabble within the PDP, adding that there was no crisis in the party.
It would be recalled that 17 members of the Rivers State House of Assembly led by the Speaker, Rt Hon. Martin Amaewhule, during plenary last Friday, announced their migration from the PDP to the APC, citing internal party crisis.
Other members who also defected were the Deputy Speaker, Rt Hon. Dumle Maol, representing Gokana Constituency; House Leader, Hon. Major Jack, representing Akulga Constituency 1 and Deputy Leader, Hon. Linda Somiari-Stewart, representing Okrika Constituency; Hon. Solomon Wami, Port Harcourt Constituency 1 and Hon Granville Tekena Wellington representing Asari Toru Constituency 1; Hon. Ofiks Kagbang, representing Andoni Constituency; Hon. Peter Abbey representing Degema Constituency; Hon. Arnold Dennis representing Ogu/Bolo Constituency; Hon. Chimezie Nwankwor representing Etche Constituency 2 and Hon. Franklin Nwabochi representing Onelga Constituency 1.
The rest were, Hon. Azeru Opara, representing Port Harcourt Constituency 3; Hon. Smart Adoki representing Port Harcourt Constituency 2; Hon. Igwe Afforji ,Eleme Constituency and Hon. Lolo Opuende representing Akuku Toru Constituency 2.
By: John Bibor
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