SENATE OF THE FEDERAL REPUBLIC OF NIGERIA. Anniversary Dinner at the Residence of the Senate President

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1 SENATE OF THE FEDERAL REPUBLIC OF NIGERIA The Senate met at 10: 17 a.m. PRAYERS (The President in the Chair) VOTES AND PROCEEDINGS The President: Distinguished Senators, we have before us for approval, the Votes and Proceedings of Tuesday, 2 nd October, 2012: Pages 233, 234, 235 and 236. Senator Mohammed Bello Tukur (Adamawa Central): Mr. President, I rise to move that the Votes and Proceedings of Tuesday, 2 nd October, 2012 be approved. Senator Ayo Patrick Akinyelure (Ondo Central): Mr. President, I stand to second the Motion that the Votes and Proceedings of Tuesday, 2 nd October, 2012 be approved. Question put and agreed to. Resolved: That the Votes and Proceedings of Tuesday, 2 nd October, 2012 be approved. ANNOUNCEMENTS Visit of Principal Officers of the House of Parliament Students Union, Benue State University Makurdi, Benue State The President: I wish to acknowledge the presence of Principal Officers of the House of Parliament Students Union, Benue State University, Makurdi, Benue State, who are in the Gallery to observe our proceedings. We wish them fruitful observation of the Senate Proceedings today. (The visitors stood for recognition) Good morning, thank you and sit down please. You are welcome to Abuja. Anniversary Dinner at the Residence of the Senate President The President: There will be anniversary dinner at my residence on Tuesday, 9 th October, 2012 at 8.00 p.m. There will be letters coming to you, but officially I will like to invite all of you to be there. It is in honour of all of us for our 52 nd independence anniversary and there will be a lot. For those who are ECOWAS members, you saw a tip of the iceberg; we promise that there will be enough for you to see. The dress code is informal. It is not a formal dressing, please, do not come in Babariga, and no suit either. Senator Mohammed Bindowo Jibrilla (Adamawa North): Point Order, Sir. The President: What Point of Order, Senator Bindowo? MATTER OF URGENT PUBLIC IMPORTANCE Killing of Students in Mubi Senator Mohammed Bindowo Jibrilla: Mr. President, I come under Orders 42 and 52. Sir, can I read? The President: Orders 42 and 52, please read. Senator Mohammed Bindowo Jibrilla: Mr. President, Order 42 reads: (1) The matter for discussion shall, if possible, be referred to the President of the Senate before commencement of the day s sitting and the President of the Senate shall refuse to allow the claim unless he is satisfied that the matter is definite and urgent. I want to also refer the Senate to Order 52 as well Sir. The President: Read the whole of Order 42. Senator Mohammed Bindowo Jibrilla: Order 42(2): If the claim is allowed by the President of the Senate, and the leave of the Senate is given by at least one-fifth of all the Senators, the matter shall stand over till the next legislative day. (3) Not more than one such Motion may be made at the same sitting. 1

2 0629 Order 52 reads: Notice shall not be dispensed with in the case of a Motion or in respect of any other proceeding for which notice is required except with the consent of the President of the Senate and the general assent of the Senators present. The President: What is the synopsis of the issue you want to raise? Senator Mohammed Bindowo Jibrilla: Mr. President, I am sure everybody is aware of what happened about two days in Mubi. I am from Adamawa North and Mubi is the heart of my Constituency and there were killings in the Federal Polytechnic, Mubi for which we cannot ascertain or establish what exactly happened. The President: All right, the issue is on the killings in Mubi. He spoke with me and I think the matter is of great importance and urgent too, and I think I have no objection that we raise the matter, and I think it is right by coming under Order 42. It is of public importance, it is urgent and I think we can dispense with notice first, to allow us to discuss the matter today. But as required by our Standing Orders, I have to get the consent of one-fifth. So I will put the Question. Question put and agreed to. Resolved: That the Senate do discuss the killing of students in Mubi today as a Matter of Urgent Public Importance. Senator Mohammed Bindowo Jibrilla: Mr. President, like I rightly said, this matter is not acceptable not only to my Constituency but to all humanity. With the security problem in Nigeria today, the Senate will not allow what is happening without intervening. I want to request the Senate President, if it is possible, to set a Committee to visit Adamawa State, in particular Mubi town. Senator Mohammed Bello Tukur (Adamawa Central): Mr. President, like my Colleague moved, what happened in Mubi two days ago is a matter of serious concern for every Nigerian. Nobody can truly tell you exactly what led to the mayhem in Mubi, but as at yesterday and this morning, I am aware that people are leaving Mubi in large numbers. Some are entering trucks while some are trekking towards Yola As I am telling you now, some are even saying that similar incidences are happening in Gombi, a junction town between Mubi and Yola. One cannot really say the problem is either of Boko Haram or some thieves or anybody. I do not know what the problem is, but the security agencies should be in a position to tell us what it is. About a month ago, there was an escalation or rise in the number of security personnel around Mubi area. In fact, I do not how many of them, but I know the Joint Military Task Force (JTF) has relocated some of them from Maiduguri and Bama to Mubi, and they were indeed in house to house search. In fact, Mubi was closed down for three days, almost 72 hours. Nobody could leave his/her house while the house to house search was being conducted. As a result of this search, 155 people were arrested and they were taken to Yola and kept in a barrack. All these things brought a lot of tension to the people in Mubi town because some of them not really members of Boko Haram. Some of them are not even Nigerians. So, I do not know what this Chamber can do, but I want to suggest that we first have to condemn what happened in Mubi and probably seek to find out from the security agencies exactly what the problem was; and I see what is happening to these 155 people that are arrested and kept in the barracks in Yola as well as see what is happening in terms of movement in and out of Mubi. This incessant attack is beginning to be worrisome. It started in Maiduguri, Damaturu, Bama and now it is growing like cancer. Every day urban settlements are being affected in the neighbouring areas. If care is not taken, today it is Mubi, now it is approaching Gombi and tomorrow it may come to Yola and maybe affects Jalingo and before we know it the whole North-East region may be consumed. We have to quickly intervene in this problem and see what the Executive can urgently do to arrest this situation. Senator Dahiru Awaisu Kuta (Niger East): Mr. President, I am saddened by the recent happening. My main concern is that our higher Institutions are now the targets; therefore, we need to do more than what we are doing to arrest it. Nigeria is moving into Anarchy; nobody has solution to what is happening in this country particularly, the Northern part. I have said times without number that some of those attacks that started like armed robbery in the North East has now graduated into anarchy. 2

3 0631 First, we are aware that in the whole of the North East, the economy is grinding to a halt. I have said it several times that the advance of the deserts about 5 kilometers annually is leaving so many people out of job and unless something is done, it is going to be a problem. You will get more of these happenings because people have lost their jobs and they are looking for other ways and they will use Boko Haram as a cover. I have said it that Lake Chad today has only one part of the volume of water that used to be in that Lake. People who are supposed to be dry season farmers have been thrown out of jobs and their children could no longer go to school. In many areas of the North East, the children are receiving their lesson on the Floor. This has discouraged many people from sending their children to school and that is why we have more army of irresponsible youths who are ready to be mobilized in order to drive home their points. This is not a religious matter. Up till now, the Security Agencies have not been able to find solutions or find out why this is happening. With all the money we have spent annually for security, nobody has any solution to this problem. It is very important that we look at the security agencies again. We need to approach the security agencies so that they can tell us whether they cannot continue or why they are failing. If they are failing, why would they not look for other solutions or ask for assistance. This matter of attacks on our schools started not just yesterday and what have we been able to do to arrest it? I suggest that the Committee on Security should approach the security agencies so that they will let us know exactly what is happening. Up till now, nobody has solution to this problem. If the security agencies have failed, then what do we do? Do we bring in foreigners to assist us? If we are incapable of solving this problem, these attacks will continue. I am not saying there should be foreign interference, but we should look elsewhere to find solution to this problem. The level of unemployment and lack of economic activity in the North East have not been addressed by anybody. If this is not addressed, this matter will continue. It would even be more sensitive if they begin to attack our Institutions. This will result to more of our children being out of school My appeal is that this Motion is well brought up and that the security agencies and the government generally should do something to create confidence in our people that they are capable of solving the problem of anarchy that is about to set in, in this country. Senator Joshua M. Lidani (Gombe South): I rise to associate myself with the Motion moved by my friend Senator Bindowo which shows the kind of concern he has and the concern every Nigerian should have for this very unfortunate incident. When we heard about it, it was a great shock. It was when we were having a meeting of one of the Committees yesterday that it was reported to us. Today, we woke up with speculations by the News Media about what was the probable cause of this incident. Some were talking about Boko Haram; some were talking about Student Union Politics while some were talking about Armed Robbers. It has created a kind of confusion which, if left not clarified, could result into a serious problem. I read also in the papers that some groups are seeking reprisal attack because they felt it was targeted at a particular group. Therefore, we should call on the Federal Government to immediately establish the cause of the problem. I will urge us all to condemn in total terms this massacre of innocent students. This does not appear to be the hallmark of Boko Haram because we know that Boko Haram is associated with throwing of explosives and so on, but this one is specifically targeted at students. We were told that students were called out one after the other by their names. So it appears that this is a different kind of act of violence. I associate myself with the mover of this Motion and sympathy with the parents of the children who lost their lives. I urge this Senate to condemn in straight terms this barbaric act that has been perpetrated against our students. This is the first time students are being targeted specifically in an institution of higher learning. It portrays very great danger for this country and if it is not nipped in the bud, this could escalate to something else. I urge the Senate to condemn in totality this act. Senator Matthew Ifeanyi Nwagwu (Imo North): Mr. President, I rise to support the Motion and to condemn this barbaric action and to ask a question; how long do we continue watching for innocent Nigerians to be killed? 3

4 0633 Last time it was the Youth Corp Members and Churches; now, it is Students. When all the Churches are burned down, then the Mosques would be targeted and when students are finished, then it would be Senators or National Assembly Members. Therefore, Mr. President of the Federation should be requested to take more proactive measures in these killings. What we used to hear is that they have killed 70 people in Belgium and America, but now innocent students are the target and it would be unbecoming of Nigerians to take reprisal because of one reason or the other. One of my colleagues said that there is unemployment in Nigeria. Everybody knows there is unemployment in Nigeria. We know there is desertification and we also know that there is flooding. It is not that if your house is deserted or flooded then you result to killing innocent citizens. I think that something is wrong with us and like the Senator Kuta said, he should tell us now whether they are not able to handle some of these things. I will like to support that the Senate do condemn this killing and sends clear message to the Executives to take more proactive actions to protect Nigerians because you can never know which School would be targeted tomorrow; it could be in Mubi or Maiduguri or Enugu or Owerri. Nobody knows where the target can come from. We are under siege Mr. President, and something should be done fast and fast enough to arrest the situation. Senator Oluremi Shade Tinubu (Lagos Central): Mr. President, I would like to support what distinguished Senator Nwagwu has just said that we are a nation under siege and I would add my voice that we are a nation under peril. Nigeria has never experienced what is going on right now. We have never experienced it in the history of this nation. Even during the Abacha administration, I would not say it is this worst and this bad. Everyone would notice that the rate of unemployment, joblessness amongst our youths and also poverty is high. To me, this present Administration has not delivered the dividend of democracy to the people. To me, I would say it is high time we declared a vote of no confidence on this Government Senator Olubunmi A. Adetunmbi (Ekiti North): Mr. President, I wholeheartedly support this Motion and condemn in its totality the tragic incidence of the Mubi massacre. These are young people. The nation is investing a lot in them. Parents have invested a lot in them. The nation expects so much from its youths. Forty years ago, some of us were in the condition of these students. I wonder if we had been cut down then, many of us would not be sited in this Chamber. Therefore, what has happened in Mubi is a destruction of our future. In a nation where young people are dying for avoidable reasons, it should give us cause for concern. My contribution this morning is not so much to the perpetrators of this crime, but to speak the truth to power. Power that is exemplified by our governance is supposed to deliver security, safety of life and property and this is the very area in which this country, consistently in the past months, has failed. Yesterday we had a debate here congratulating Nigeria on its 52 years of Independence and a distinguished Colleague here alluded to the threatening failure of our State. That same yesterday, 46 innocent young people were massacred in the prime of their lives, belonging to parents like us here because everyone that is sited in this Chamber is a parent. We have children in Schools, locally and internationally. We have children in boarding Schools and there is a fear, palpable fear all over the place. The question we should ask ourselves is, where is safe in Nigeria? The barracks are not safe, military barracks have been attacked. Police barracks have been attacked. These are places that are fortified with people that are trained to defend. Yet, they have been attacked and killed. Emirs have been attacked in this country. Churches have been attacked. The Police Institution has been attacked. Mosques have been attacked. People have been attacked on the Streets. Now, it is the turn of innocent children that represent the future of their generation in Schools and we say that the future of Nigeria is in the hands of these youths that are being slaughtered by the day. Three or four days ago, a similar incidence happened in Zaria of an attack in a school. 4

5 The question we should ask ourselves is, is Nigeria really standing or is it failing? Is our constitution standing or is it dying? The provision of the Constitution that says the protection of life and property is the first responsibility of State, is it being kept? Nigeria is losing territories where the constitution is no longer enforceable. People are moving across the nation along religious and ethnic divide which are the first signs of collapse. You have to feel safe within your ethnic enclave, within your religious enclave in a federation that is called Nigeria. These are issues and as a Parliament, the apex Law making body of this country, we must be concerned, we must be worried; we must be disturbed that something is deeply wrong with Nigeria. We must speak the truth to power; that power is not delivering safety in Nigeria, it is not protecting lives and property in Nigeria and we should ask ourselves, what is the purpose of power in this country? Our security agencies are moving to Mubi. We are moving to Mubi to do a post mortem. We need a security agency that is able to pre-empt, that is able to use the instrumentation of intelligence and information gathering to alert security offices that a massacre is about to happen and needs to be nipped in the bud. That will be the only way for them to justify the appropriation that they are getting from this Parliament. It is our duty to make sure that the resources of this country is addressing the needs of our nation. There should be an end to these killings because very soon we are going to rise for one minute of silence and I do not think that that is what we should be doing in this Chamber. Senator Barnabas A. I. Gemade (Benue North- East): Mr. President, I rise to support the Motion moved to condemn what happened in Mubi. In addition, I want to charge the Federal Government to swing into action more seriously in dealing with these issues that have become such a real problem in our nation. When one looks at what is happening in the North East of Nigeria, and starting from the problems associated largely with Boko Haram in Maiduguri, the problems of Damaturu and Potiskum in Yobe State, the problem now in Mubi, it looks like there is an orchestrated programme to destabilize the foundation of the economy of this part of this country. These cities are not ordinary cities in the North-East. They are the cities that are custodian to the economy of that part of the country. Maiduguri and Mubi particularly are the trading centres of international trade in this section of the country. 5 While we talk about porous borders, it is beginning to look as if we also have porous cities. If we cannot police the borders which long and difficult as we keep hearing, at least our law enforcement agencies should be able to galvanize themselves in order to protect the cities and make sure that they are not as porous as our borders are. Whenever we hear that Federal Government has taken action to send security forces to deal with the situation in one city in the North-East, it goes quiet for a little while and then it emerges in another city in the same area. Why are the security forces not able to contain these issues when they take place in any particular city, encoding off everything and deal with the matter decisively. I do not think these cities are so large as to be totally unable to curtain what happens within them. We know of major problems in some parts of the world where cities of two, three, four or five million people. Here in the North East are comfortable environments which can easily be cordoned and handled by any security forces but we do not seem to be successful in dealing with these problems as we should do. I wish to call on the Federal Government also to be very responsive in dealing with problem like this that will inject fear in the general populace of the nation. Today, 22 students of one institution killed, 46 youth altogether and they said students may be 22 among them. To call people out name by name and shoot them appears to me as very organised system which targeted those students themselves. If two or three days later we have not heard a serious statement on how to deal with this matter, then the fear that is being injected in the populace will aggravate; that is why we need to call on Federal Government to attend to immediately. The security forces and the government should not just sit there without making a statement that will assuage the fear of the general populace, We all have sent children to faraway places to go to school. Indeed, I had certain ward in Polytechnic, Mubi that graduated a few years ago and right next to this Polytechnic is the Adamawa State University; that too, has large population of students all over the country. Where can one run to for safety in Nigeria?

6 0637 While we condemn this action in totality, we should also call on Federal Government to make a strong statement by way of issuing out a directive and also assuaging the fears of Nigeria people, especially those who are in North-East and come out with clear road map of dealing with this problem decisively. If it requires carrying the whole forces in the country and focusing them there to do a military style operation to mop-up whatever guns and ammunitions that are all over the places in those villages and those towns, something should be done immediately to do that. It is very important that citizens must begin to feel safe in this nation. It is a very clear sign of deterioration which we cannot allow to go by without doing anything about it. I support the call for condemnation, I support the call for decisive statement and I support the call that Federal Government should do something immediately to deal with this issue. Senator Ike Ekweremadu (Enugu West): Mr. President, this is indeed a very sad day for us as a country and I sympathize with the entire country, not only the people of Mubi, but for those who died that came from different parts of Nigeria. Let us just for a moment imagine that we are the parents of those who were killed on Monday. Some of these children are just the only ones their parents have; some are just the hope of their parents and some are just the investment they have, apparently, some of them are in final year and some they are just starting. Therefore, you can imagine the pains of what has happened on those families. Unfortunately, as others have said, this is not an isolated case. It is happening in different parts of the country especially, in the North-East. I stand here to condemn it; it is evil, it is uncalled for and it is condemnable. What happened in Mubi, I believe, is a failure of security. Whether you call it cultism, armed robbery, Boko Haram; it is the inability of the system to provide security for our people that gave rise to what happened in Mubi. This is because if they have security, what happened would not have happened. It is painful that at this level of our development they were still playing politics with the lives of our citizens How do you go about this kind of situation? Some blame our security agencies but they get killed everyday. I believe yesterday, some police were killed in Niger State; some soldiers were also killed Adamawa State and some in Maiduguri, some in Bauchi. So, our security agencies are challenged. I imagine the amount of money the country spent in training these soldiers and they are caught down in their prime age by people who they are supposed to be protecting. Those soldiers were not trained for this kind of operation they are undergoing now, they were trained to defend Nigeria against foreign aggression but today we are putting them into use for which they were not trained. Let us also imagine that Nigeria goes to war tomorrow with Cameroon, what it means there is that all those soldiers in the North-East will be taken and they will be sent to our borders in Cameroon and that will worsened the situation. Even now, Economic Community of West Africa (ECOWAS) wants to send soldiers to Mali and Nigeria is going to contribute. It is part of this team that is in North-West, North-East and some part of Niger Delta that will go for the same operation, yet we sometimes condemn our security forces. They are overstressed and it calls for our alternative resolution to the problem. We have schools all over the place and there is no possibility that the Federal Government alone can provide security for them, what happens to other societies. In America where they have the type of system we have, schools, polytechnics, colleges and universities have their own securities system. About two weeks ago, there was a rape incident in Harvard. They were able to trace the student who was behind it and of course he was arrested. It took the effort of the internal Harvard police to get this thing done. Every University in America has their own police. We have about 850 police formations in the United States of America because of complicated nature of the society. Police has moved from what we are doing now to not just decentralized police but a deregulated police; hamlet, communities, colleges and institutions even factories have their own police system. There is nowhere Nigeria Federal Government can provide enough police that can serve this country, it is not possible. As long as we keep playing politics with the lives of our people, we will keep getting the same result. 6

7 0639 I appeal to Nigerians that it is time for us to think twice on how to secure our people because what we are doing now cannot provide security. If we cannot provide security, we cannot provide anything. We have to be alive to enjoy the good roads, hospitals and the schools, so, whatever we need to do to provide security for our people need to be done. Therefore, I support what Senator Gemade said. If we really need to move the police and the army in the country to the North-East to ensure that we secure our people that needs to be done. This is because the life of every Nigerian should count. If we do not speak about it in this Chamber I do not think any other person will speak about it. We are challenged as a country and we need to live up to that challenge. I sympathize with the people who lost their loved ones on this, but I say that we are all together in this problem and I pray that we find a solution to this challenge as quickly as possible. Senator Abdul Ningi Ahmed (Bauchi Central): Mr. President, let me join other speakers in commiserating with the deceased families. Let me also join others in condemning in strongest term this avoidable massacre of our youths in their prime age. Let me differ with others who tend to blame the security as being the main problem. My opinion in this regards is that there is complete absence of political leadership that drives the state and the nation. People who ordinarily should not have been governors find themselves as governors. People who ordinarily should not have been legislators find themselves as legislators. Therefore when you are saddled with a bigger responsibility and you do not know what you are elected to do, you do not have the vision and mission; and you are saddled with the responsibility of trying to draw a roadmap to a greater Nigeria, certainly, what you or the country will get is a complete failure. Democracy in Nigeria has only ushered in elections. Democracy in Nigeria has not ushered in responsibility and accountability and that is the crux of the matter. Over the last one year, while this insurrection goes on, how many people have been taken to court, how of them have been prosecuted, how many of them have been convicted? All we hear is that continuous arrests have been made; at the end of the day, nobody tells Nigerians about the whereabouts of these arrests Certainly, like the Deputy Senate President said, the security agencies have been overstretched. If you know the work of the security agencies in Kano, Bauchi, Maiduguri, Yobe and Kaduna and currently in Mubi, you will know that the security agencies of this country are not to blame. Those to blame is the political class and all of us. I say all of us have not been living up expectation to Nigerians. We all hide, in most cases, under the connotation that our brother or party man is there. We have not been able to go beyond recognizing our brother who is a Muslim or Christian or our tribal brother who is a Yoruba, Hausa or Ijaw man. We cannot confront our brother, even when he is guilty, he should go scot-free. The attitude of every Nigerian is the cause of these crises and it will continue unless we have people who will champion the reverse of this country; unless we have people who will look beyond their shoulders, beyond their immediate environment and do what is right. The North-Eastern part of the country is where it is happening now. When the issue of Boko Haram started in Bauchi and Maiduguri we all felt it was just going to die out, but now it has started to move. It has moved beyond Abuja, it is now in Okene. What that says is that it is just for now but later, this matter will engulf the entire country. Therefore, how many of us here how much goes to these security agencies for the prosecution of this role? Who ask questions on such releases? Who is accountable for that? We invited several security chiefs here, and we asked them to account for the money given to them, but they say it is a security matter. We do not know what goes in and out. Mr. President, one single issue is the issue of value of human life. No matter who he is, value of human life is completely absent in our minds as Nigerians. If this kind of massacre happens in a developed country, today there would have been mourning all over the country because of the loss of these young men. But this happened in Nigeria and probably, we are the only people who are lamenting while everybody is going about their businesses as usual. People do not care because it does not affect them. It is when a member of you own family is killed or assassinated that people will begin to take things serious. 7

8 0641 In a nutshell, I hope democracy is not trying to say to Nigerians that anybody can do what he wants. There has to be a sensitization that democracy does not mean do what you want and go scot-free. Some of these things happen, people carry guns, kill people and nothing happens. People are arrested, detained and the next day they are back to the streets. No responsible government will be able to afford that. Finally, the cardinal principle of any government is to secure and protect lives and property. Therefore, we must evaluate; do we do that? Do we secure and protect lives and properties of Nigerians? If the answer is no, I think we should all pack and go home. The President: Thank you very much. I know that this is a very painful moment for us as a nation. We should see it more from that perspective rather than from the perspective of politics. The people who are involved now, that is those who have lost their lives, have done so, not as a result of their own fault. Every State government today in this country has some responsibility towards providing security to those who live in that State. Federal government also has responsibilities. We all have responsibilities and even the Local governments. People do not kill in the United States because of unemployment; people do not kill in Norway where a man went berserk and kill so many of holiday makers because of unemployment or desertification or flooding. This is a very serious issue and if we do not tackle the real issue and we begin to go on diversionary expeditions, then we will be missing the point. The security challenges before us in this country are grievous and we have to tackle them headlong. On the specific issue of this Mubi killing, it is a pity that people would go from one room to another, calling names, dragging them out and slaughtering them. It is totally unacceptable. Even if we are just attacking the symptoms now, those involved must be arrested and brought to book. I know that this is a Democracy and with due respect to all of us, Capital Punishment is still in our Statute. This is an opportunity for us to test and use it as a deterrent to others and that has to be done as fast and speedy as possible It is not that crimes do not take place in other countries, they do; but it is the reaction of Government; the speed with which those who are involved are arrested, tried and punished accordingly. But when they happened in this country, after a week, we just tend to forget it and wait for the next one to happen. We have gone beyond the time for us to sing these songs of lamentations every now and again. We should not be lamenting but we should be able to act; and the government needs to act as swiftly and as fast as possible. Terrorists would succeed once they can stop you from doing what you want to do. Once they can stop government from what government wants to do. Now, Nigerian would be very scared of sending their children to Polytechnics and to Universities because today, it is Mubi, who knows when it is going to happen in the next town? How many Policemen can you put at various Polytechnics and Universities in this country? It is completely impossible, there is no way. It does not matter how much you fund the Security Agencies. There is a very serious security challenges and we must address them. I agree with what all of you have said and I think we should get to the Prayers and take them and see the best way to tackle it. Senator Jibrilla, what are the Prayers? Senator Mohammed Bindowo Jibrilla: Prayer goes thus: (i) to have one minute silence; (ii) condemn the act and the killings; and also (iii) set up a Committee to visit Mubi, The The President: Your first prayer, if I get you is one minute silence. You have not written anything down but I think before the one minute silence, we should truly condemn this act in totality and in our strongest possible terms. So, if somebody could raise that prayer. Senator Emmanuel Bwacha (Taraba South): Thank you, Mr. President. I think condemnation is saying the obvious. The Amendment I want to bring forward is; let the Government put in place machinery that would ensure that the perpetrators of this act are brought to Book. 8

9 0643 The President: No, even if condemnation is still the obvious, I think in this case the obvious is necessary. If yours is not that one, let us have that first prayer; then we can come to your own. Senator Emmanuel Bwacha: The other Prayer like you suggested, is the relevant Section of the Law, like invoking the capital punishment should be brought to bear on those who are guilty. The President: Let us do it sequentially, let us do the first thing first. Senator Solomon Ewuga (Nasarawa North): Mr. President, the amendment goes thus: This Senate condemns in the strongest terms the killings in Mubi and ask the Authority to investigate and bring the perpetrators to book for immediate sanctions. Senator Ahmed Abdul Ningi (Bauchi Central): Mr. President, my amendment goes thus: The Senate condemns in strongest terms the avoidable massacre in Mubi. The President: Condemn in strongest terms, the avoidable massacre in Mubi. Senator Chris N. D. Anyanwu (Imo East): My amendment is: The Senate sees the massacre of innocent children as utterly reprehensible and urges the Federal Government to do everything possible to arrest and punish those involved. Senator Joshua Dariye (Plateau Central): In addition to condemning this avoidable act in the very strongest term, I further amend that in view of the overstretched nature of security personnel we have in this country, Community Policing which has been abandoned should be revived. I believe if we have integrated security system where community policing is enforced (interruption). The President: We are on Prayers, not on contributions anymore. Senator Joshua Dariye: The amendment is: That the 154 people that were arrested previously should be brought to Book The President: That the Senate do condemn in strongest terms, the killing of innocent Students in Mubi Polytechnic, Adamawa State. Several distinguished Senators: Yes. The President: Your Amendment should be to that prayer. Senator Abubakar Atiku Bagudu (Kebbi Central): The Amendment reads thus: That the Senate do condemn in the strongest term the killing of students and people in Mubi Town, because it is not only students who are affected. The President: All right, the killing of students and other people. Is there any more addition to the prayer now? Senator Joshua Lidani (Gombe South): Mr. President, that the Senate offers its condolences to the Parents. The President: Please, do not digress, go to the condemnation. Is there any more? Senator Sunny O. Ogbuoji: Mr. President, my amendment reads thus: The Senate condemns in strongest terms the reprehensible massacre of innocent student in Federal Polytechnic, Mubi and the town and urges the Federal Government to bring to book the perpetrators The President: I will not put the question. Prayer 1 - That the Senate do condemn in strongest terms the killings of innocent students and people in Mubi, Adamawa State. Amendment put and agreed to. Senator Saidu Ahmed Alkali (Gombe North): The second prayer is: To urge the Committee on National Security to investigate the matter and report back to the Senate in two weeks. Senator Abdullahi Adamu (Nasarawa West): The second prayer should address the issue of this hallowed Chamber deciding on the need to send a delegation to Adamawa State and in particular to Mubi to condole with the people, the College, and the State Government. By that act, we would also be addressing parents wherever they are in the country. 9

10 0645 Senator Ahmed Makarfi (Kaduna North): The second prayer should read thus: Urge the Federal Government to expeditiously apprehend the perpetrators of this act and other similar acts across the country and bring them to book through proper judicial process. The President: Is there any correction on that? Senator James Manager (Delta South): I am totally in agreement with the additional prayer by Senator Makarfi except in the last part of it which says, proper judicial process. That phrase is not necessary at all. The President: Please, any more addition to that? Amendment put and agreed to. Senator Mohammed Shaaba Lafiagi (Kwara North): Mr. President, because of the nature of what happened in Mubi which involved students, I thought it might be necessary to appeal, as one of the prayers, to those who are charged with the administration of higher institutions in this country to be more alert to their responsibilities. The President: But what can they do? What can a Vice Chancellor in the University do? He does not control any security agent. He is as helpless as any student. Senator Ibrahim Abdullahi Gobir (Sokoto East): Prayer 3 should read: That the Senate do observe one minute silence in honour of those who lost their lives in Mubi massacre. Amendment put and agreed to. The President: Is there any more additional prayer? Senator Atai Aidoko Ali (Kogi East): Mr. President, the additional prayer I have is: the Senate do commiserate with the government and people of Adamawa State on this sad event. Amendment put and agreed to (i) Condemn in strongest terms the killings of innocent students and people in Mubi, Adamawa State; (ii) Urge the Federal Government to expeditiously apprehend the perpetrators and bring them to book; (iii) Observe one minute silence in honour of the dead in Mubi; (iv) Commiserate and sympathise with the government and people of Adamawa State on this sad event. (The Senate accordingly observed one minute silence in honour of the dead in Mubi, Adamawa State) Senator Ibrahim Musa (Niger North): Point of Order! The President: What is your Point of Order, Senator Ibrahim Musa? Senator Ibrahim Musa: Mr. President, I am coming under Order 41(1) and it reads: A petition may only be presented to the Senate by a Senator who shall affix his name at the beginning thereof. Mr. President, I have a petition from my constituent. The President: We will take it tomorrow. PRESENTATION OF BILLS Senator Victor Ndoma-Egba (Cross River Central): Mr. President, the first, second and third Business of the Day is presentation of three Bills. You may wish to invite the Clerk of the Senate to read the Short Title of the Bills. Tobacco Control Act CAP T16 LFN (Repeal and Reenactment) Bill 2012 Tobacco Control Act Cap T16 LFN (Repeal and Re-enactment) Bill Senator Ifeanyi A. Okowa (Delta North) read the First Time. Main Motion as Amended: 10

11 0647 National Health Insurance Scheme Act (Repeal and Re-enactment) Bill 2012 National Health Insurance Scheme Act (Repeal and Re-enactment) Bill Senator Ifeanyi A. Okowa (Delta North) read the First Time. Constitution of the Federal Republic of Nigeria 1999 (Further Alteration) Bill 2012 Constitution of the Federal Republic of Nigeria 1999 (Further Alteration) Bill Senator Mohammed Isa Galaudu (Kebbi North) read the First Time. PRESENTATION OF A REPORT Report of the Committee on Works on the screening of Hon. Nnoli J. Nnaji (South East) as a Member of the Governing Board of the Federal Road Maintenance Agency (FERMA) Senator Victor Ndoma-Egba: Mr. President, the fourth Business of the Day is the presentation of the Report of the Committee on Works on the screening of Hon. Nnoli J. Nnaji representing the (South East) for appointment as a Member of the Governing Board of the Federal Road Maintenance Agency (FERMA). You may wish to invite Senator Ayogu Eze, Chairman of the Committee to move for this distinguished Senate to receive his report. Senator Ayogu Eze (Enugu North): Mr. President, I move a Motion that this Senate do receive a Report of our Committee on the screening of Hon. Nnoli J. Nnaji (South East), for appointment as a Member of the Governing Board of the Federal Road Maintenance Agency. Senator Abdulaziz Usman (Jigawa North-East): Mr. President, I rise to second the Motion as moved by Senator Ayogu Eze. Question put and agreed. (Report laid) ORDERS OF THE DAY 0648 Request for Approval for Pipeline Projects under the Medium Term ( ) External Borrowing Plan Senator Victor Ndoma-Egba: Mr. President, the first Order of the Day is a Motion standing in my name on the Executive Communication from Mr. President, Commander-in-Chief on the approval of US$7.9 Billion for Pipeline Projects under the Medium Term, ( ) External Borrowing Plan. We need further clarification from the Executive on this communication. For that reason may I move that we stand it down to another legislative day. Senator Ahmad Rufa i Sani (Zamfara West): Mr. President, I rise to support the Motion ably moved by the Senate Leader. (With the leave of the Senate, the request of Mr. President was stood down). Senator Ayogu Eze: Mr. President, Point of Order! The President: Senator Ayogu Eze, Order what? Senator Ayogu Eze: Mr. President, Order 56 (10), if you permit me I will read. The President: Senator Ayogu Eze, read please. Senator Ayogu Eze: During a sitting all Senators shall be silent or shall confer only in undertones. The President: Your Point of Order is sustained. CONSIDERATION OF BILLS Establishment of the Office of the Auditor-General for the Federation A Bill for an Act for the Establishment of the Office of the Auditor-General for the Federation, Audit Service Commission, additional Powers and Functions and Matters Connected Therewith

12 Order for Second Reading Senator Victor Ndoma-Egba: The second Order of the Day is the Second Reading of the Auditor- General for the Federation, additional Powers and Functions, Bill You will recall that the Bill was read the First Time in this Chamber on Tuesday, 4 th October You may wish to invite Senator Ahmad Ibrahim Lawan to move for this Bill to be read for Second Time and to lead the debate. Senator Ahmad Ibrahim Lawan (Yobe North): Mr. President, this Bill as was said by the Senate Leader in his presentation was read for the First Time on the Floor of the Senate on Tuesday, 4 th October, Sir, there were previous attempts by the Fifth and Sixth Senate to pass this Bill but those attempts failed. I will try to summarize, but let me state very clearly the aims and objectives of this Bill. Among other things, the Bill seeks to achieve the following: (1) Repeal the Audit Act of 1956; (2) Establish a system, and set for operational procedure and grant additional powers to the Auditor-General for the Federation; (3) Establish an Audit Service Commission which shall be vested with the responsibility of recruitment, Promotion and Discipline of staff of the Office of the Auditor-General for the Federation. Whereas Section 85 and 86 of the Constitution of the Federal Republic of Nigeria, 1999, as altered, provide for the position, appointment and the independence of the Auditor-General for the Federation but no Provision is made for the enabling support structure or system to facilitate the discharge of his mandate. The import of these two Constitutional provisions therefore, is tantamount to appointing a Judge without providing him with a Court to preside upon. This is so because these two Sections 85 and 86 does not provide the support staff and guidelines that the Auditor-General for the Federation requires to effectively carry out the functions of the Office. It is this void that this Bill seeks to fill. Existing Audit Laws for the Federation Mr. President, the existing Act establishing the Office of the Auditor-General for the Federation (OAGF) today dates back to 1956, during the colonial era. Almost Fifty-Six (56) years, after the enactment, there was neither amendment nor re-enactment to address the contemporary requirement of this very important and Constitutional Office. The Laws of the Federation which came into effect on the 31 st January, 1999 which revised all extant laws of the country, curiously omitted the Act. The Bill empowers the Auditor-General for the Federation to: (a) Decide on the steps to be taken as a result of an audit; (b) At his discretion, determine the nature and extent of audit to be carried out and request the details, statements of account and financial statements which he considers necessary; (c) In writing, require any person in the employment of an institution whose accounts are being audited by him to appear before him at the time and place mentioned in the request and to produce on demand, all such records, books, vouchers and documents in the possession or under the control of such person; (d) Investigate and make extracts from any record, book, documents and other information of any institution or entity whose accounts are being audited by him free of charge; (e) Liaise with persons, Institutions and Associations in Nigeria and in other countries on such conditions as he deems fit for the proper performance of his duties; (f) Surcharge the amount of any expenditure which has not been duly brought into the account or the amount of any loss or deficiency incurred; 12

13 0651 (g) Revoke any surcharge with the prior approval of the Public Account Committee (of both the Senate and House of Representatives); (h) Direct the withholding of the emoluments and allowances of persons who fail(s) or refuse(s) to reply to audit queries within 30 days and for as long as the person(s) fail(s) to comply; (i) Have unrestricted access to information necessary for proper discharge of his Statutory Obligations; (j) Audit all moneys accruing to the nation or any government body or institution; and (k) Audit donations, grants and loans and other forms of assistance accruable to the Federal Government or any of its Agencies, whether from Local or Foreign Bodies or Institution. Mr. President, Distinguished colleagues, the Audit Service Commission (ASC) is a very vital part and component of this Bill. Therefore, this Bill provides for the establishment of this Commission which shall comprise of the following members on a part-time basis: (a) The Auditor-General for the Federation, who shall be the Chairman; (b) Six other Commissioners who shall be professional accountants from recognized accounting bodies and who shall have not less than 10 years experience as members of such bodies and shall be appointed by the President, subject to the confirmation of the Senate; (c) A Permanent Secretary, Federal Civil Service Commission or his representative, who shall not be below Salary Grade Level 17 or its equivalent in the Public Service; and (d) The Auditor-General for the Federation (OAGF) shall nominate a Secretary to the Commission who shall be a staff of the Office of the Auditor-General for the Federation (OAGF) and shall not be below the rank of a Director. Current Challenges of the Office of the Auditor- General for the Federation: 0652 In many climes, the Office is responsible for employing its own personnel with the approval of the Parliament. These practices have been beneficial in countries like United Kingdom (UK), Republic of South Africa, Ghana, etc. Currently in Nigeria, the personnel of the Office of the Auditor-General for the Federation (OAGF) are recruited by the Federal Civil Service Commission and the exercise is mostly constrained by the dictates of the Executive arm of government from whom the Office is supposed to audit. Presently, the total personnel in the Office of the Auditor-General for the Federation (OAGF) is a paltry and dismal 1,500. The number is not only grossly inadequate, but even the quality of some staff is suspect. It is this same Office that is constitutionally supposed to audit over 600 Parastatals and all the MDAs that exist in the Federal system, including all our Diplomatic Missions abroad. Equally significant and crucial to the performance of the Office of the Auditor-General for the Federation (OAGF) is the system and level of funding over the years. In many jurisdictions, the Office of the Auditor- General for the Federation (OAuGF) is funded by direct appropriation by the Parliament. The Auditor-General submits his annual financial requirements to the Parliament and the Parliament approves what it deems necessary. The Executive arm of government is an auditee and therefore logically has no primary role in funding approvals for the Auditor-General. It stands to reason that the Executive arm of Government would prefer a weak, inefficient and decapitated Office of the Auditor-General for the Federation (OAuGF). But, the Legislature, being the representative of the people, would stand for the opposite; that is we should stand for efficient, effective to enabled and vibrant Office of the Auditor-General for the Federation (OAuGF). This is the true essence of separation of powers and indeed the practice of democracy for the benefit of citizens worldwide. In this regard, the Senate Public Accounts Committee (SPAC) will shortly present a Bill seeking to make the funding of the Office of the Auditor-General for the Federation (OAuGF) a First-Line-Charge with a view to guaranteeing better financial situation and therefore true independence for the Office. 13