It’s been an eventful year. Despite the historic fuel scarcity and the untold self-inflicted hardship, we have got a lot to be grateful for. Yes, our roads are still death traps. Our airports are glorified motor parks. Our public schools are not fit to serve as prison yards. Our hospitals and clinics are still in their worst forms.
What about security? Herders have taken full control. Millions of jobs have been lost. Sadly, none was created. Kidnappers are the new bosses. ‘Yahoo Yahoo’ boys are the new kings in town, while hard working folks seldom have enough to eat in a day. The Libyan migrant crisis still stares at us, while more people from my dear Edo State are on their way to the Sahel region, en route to the same country.
In all, 2017 has been a remarkable year. Notwithstanding the many misgivings, we have got a lot to be thankful for. Since in this part of the world, we wait on God to do everything for us, let God’s will be done. Let us remain unperturbed and rest assured that next year will be better. If we do not lose hope, there will be light at the end of this dark tunnel.
And now to the main issue- the Senate. The last two years and six months have been remarkable for the 8th Senate. They have had their high and low moments. They have passed daring bills, humanitarian motions and have made critical interventions. They have also had their low moments. They have come under heavy knocks and attacks from Nigerians. It is expected and no one expects anything less.
But as we head into the last legislative full calendar of the Senate, I think we should set the agenda for them. In early 2019, there will be elections and a new Senate will be inaugurated in mid-2019. It means that whatever needs to be done, must get the nod of lawmakers in 2018. If they miss it, we will have to wait for the 9th Senate to take up the baton from there.
Very briefly, let me run through some key achievements of the 8th Senate, since its inauguration in June, 2015. My position is not final. Like I always argue, anyone with a superior claim can counter my points, but respectfully.
The Senate has passed the famous Petroleum Industry Bill (PIB). For the first time, the Senate, in collaboration with the House of Representatives, held a public hearing on budget earlier in the year.
The Senate has also championed the passage of the popular North East Development Commission (NEDC) Bill. Only recently, it inaugurated an ad hoc committee on security infrastructure, to be headed by the Senate Leader, Ahmad Lawan.
South East Development Commission is in the offing and may soon get the nod of the Senate. The Senate has carried out an investigation on the operations of the Presidential Initiative on North East. It has also intervened in the face-off between the Federal Government and the leadership of the Academic Staff Union of Universities (ASUU). That said, let me outline critical areas the Senate must focus on in 2018: oversight, implementation of its resolutions by the Executive and more transparency.
The function of the National Assembly is categorised into three parts, namely, law making, representation and oversight. In Nigeria, our constitution gives express recognition to the operation of the principle of separation of powers among the three arms of government. Specifically, Section 4 of the constitution vests legislative powers of the federation and states on the National Assembly and the various Houses of Assembly.
For me, oversight is the most important function of the legislature and in this instance, the Nigerian Senate. The Senate can pass fantastic resolutions and make big laws. If it does not carry out a proper oversight, everything will come to naught.
Imagine this. The 2016 budget performance was below 60 per cent. The performance of the current budget, in terms of capital releases, is less than 30 per cent. In some ministries, departments and agencies (MDAs), it is less than 18 per cent. According to the Minister of Finance, Mrs Kemi Adeosun, only N450 billion has so far been released by the Federal Government. The promised N750 billion is yet to be released.
What this means is that less than $1.5 billion has been released to fund capital projects in a country of more than 180 million people. Like I wrote recently, that figure is less than the budget of one monotechnic in the United States of America. Curiously, the so-called giant of Africa is unperturbed. Therefore, in 2018, the Senate must place a high premium on oversight. For me, three months after the budget is signed into law, the Senate should suspend plenary and embark on a nationwide oversight. MDAs must be made to account for monies appropriated by the Senate. They must ensure that capital projects are well funded by the Federal Government.
Since it has the power of appropriation, it must device a means to ensure that those who withhold funds meant for capital projects are punished. It should and must not be business as usual. Every appointee of the President must subject him/herself to the authority of the Senate. If you are a senator and you are reading this piece, take up the challenge and ensure that this issue is not taken for granted in 2018.
The second issue the Senate must address in 2018 is the non-implementation of its resolutions. In September 2012, the David Mark-led Nigerian Senate threatened to impeach President Goodluck Jonathan over the refusal of his government to implement resolutions of the Red Chamber.
Late Senator Uche Chukwumerije, who nursed the impeachment idea then, had said: “Two weeks ago, we started collecting signatures, and if we collect up to two-third of the Senate, we are going to get a motion that would give marching orders to the President for the implementation of the report or else… We are getting to that stage. “They are looting public funds with impunity and nobody is saying anything. If the President keeps on not implementing resolutions of the Senate, if it gets to the point of threatening impeachment, I, Uche Chukwumerije will move the motion.”
A jittery President Jonathan adjusted. As far as I can recall, Jonathan did not take the resolutions of the Senate, vis-a-vis the National Assembly for granted after that threat. But it appears that non-implementation of Senate resolutions is the hallmark of President Muhammadu Buhari-led Federal Government. For them, the position of the Senate is merely advisory.
First, the Senate rejected the nomination of Mr. Ibrahim Magu as the substantive chairman of the Economic and Financial Crimes Commission (EFCC). Buhari called their bluff and did not implement the resolution of the Senate by sacking Magu.
Again, he forwarded the same name to the Senate. For the second time, Magu was rejected. Buhari as we speak, is yet to implement the resolution of the Senate by relieving Magu. Magu is still holding sway as chairman of EFCC.
Another significant disregard occurred. The Senate in 2015, passed a resolution, mandating the Nigerian Customs Service to halt the ban of the importation of vehicles through land borders. The Comptroller-General of Customs, Mr. Hameed Ali, disregarded the resolution. He proceeded with the ban. While this played out, President Buhari did nothing.
Again, the Senate in 2016, had a long running battle with the same Customs boss. Buhari was asked to sanction him over his refusal to wear his service uniforms. Till date, no action has been taken on that resolution.
There is also the case of the sacked and disgraced former Secretary to Government of the Federation (SGF), Mr. David Babachir Lawal. Several resolutions were passed that the man should be fired. Buhari maintained a loud silence and did nothing. He only sacked Lawal when the public joined the fray to decry the plight of Internally Displaced Persons (IDPs) in the North East.
I can go on and on. A frustrated Senate President, Bukola Saraki, had to set up a Legislative Compliance committee, with Senator Babajide Omoworare as chairman in late 2016. Despite the setting up of this committee, nothing has changed.
As a concerned Nigerian, I want this to change in 2018. Right now, the Senate only barks. In 2018, it must bite. It needs to stop crying like a baby and insist that its resolutions must be passed. Any head of any MDAs who flouts the resolution of the Senate must and should be punished. Our democracy will not work if those elected or appointed flout the law.
Nigerians have a role a play. Our docile and ineffectual civil society organisations must join the battle. They need to mount pressure on both the National Assembly and the Executive. If resolutions of the Senate are not respected, what then is the essence of its existence?
Lastly, the Senate needs to run a more open and transparent parliament. The 1999 constitution created a role for the Nigerian Press. The media derives its powers to function from the constitution. As stipulated in Chapter II section 22 of the 1999 constitution, “The press, radio, television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this chapter and uphold the responsibility and accountability of the government to the people.”
This provision implies that the press shall be a watchdog over the excesses of government, and shall ensure that government delivers it promises to the people. The government on the one hand shall ensure that the press informs the people about its programmes and actions.
There is a lot going on in the Senate that is underreported. During major ‘public’ probes or investigations, the media is usually shut out. In 2018, this must stop. The media has a constitutional role to play and the Senate needs to understand this salient fact.
There are almost 70 standing committees in the Senate and they usually embark on annual oversight functions. Sadly, over 80 per cent of them shut out the media. In 2018, this must stop.
The Senate needs to operate a more transparent process. They should allow the media to openly report what they do. Journalists are guided by ethics of their profession. They will do what is right and put the interest of the nation first. But box the media to a corner, it becomes antagonistic and the results are usually not pleasant.
There are other areas I would have loved to delve into, but I will pause here. If the Senate implements these three recommendations, Nigerians will trust them more and everyone will be better for it.
I so submit!
On Thursday, 21st December, the Senate deferred the debate of the $1 billion insurgency fund, which President Buhari-led Federal Government plans to withdraw from the Excess Crude Account.
For some political reasons, the debate did not hold. As a concerned Nigerian, I am appealing to the Senate not to sweep this important issue under the carpet. Discuss this issue elaborately and take a firm position. If you do this, history will not forget your labour of love.
Happy New Year!