HOUSE OF REPRESENTATIVES FEDERAL REPUBLIC OF NIGERIA. Wednesday, 1 st December, The House met at 2.50 p.m.

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1 1731 HOUSE OF REPRESENTATIVES FEDERAL REPUBLIC OF NIGERIA Wednesday, 1 st December, 2010 The House met at 2.50 p.m. PRAYERS (The Speaker in the Chair) VOTES AND PROCEEDINGS The Speaker: I am about to adopt the second Votes and Proceedings of 30th November The first Votes and Proceedings were approved yesterday. I refer this House to the Votes and Proceedings of Tuesday, 30th November 2010, No. 42 at page 613 which says: Mr. Speaker announced that the Deputy Chairman, Committee on Customs, Hon. Abiodun Aderin Adesida should assume the Chairmanship of the Committee with effect from Tuesday, 30 th November, That is not what I said. What I said is that the Chairman of the Committee on Customs should step aside until further notice and the Deputy Chairman should act. I am not interested in all the stuff I am hearing in the newspapers. I am approving the second Votes and Proceedings of Tuesday, 30 th November, 2010 as amended. MESSAGES FROM THE PRESIDENT The Speaker: I have before me a message from the President of the Federal Republic of Nigeria, Dr. Goodluck Ebele Jonathan, GCFR dated 29th November It reads: Rt. Hon. Dimeji Bankole, CFR Speaker of the House of Representatives, National Assembly Complex, Three Arms Zone, Abuja. Your Excellency, RE: REQUEST FOR EXTENSION OF 2010 CAPITAL BUDGET IMPLEMENTATION TO 31 MARCH I wish to take this opportunity to express my appreciation for the cooperation of the Leadership and all honourable Members of the House of Representatives for your support and consideration in the ongoing consultations on the 2011 Budget Proposal. Regarding the implementation of the 2010 Budget, there have been certain challenges attributable to the delays in adjusting the budget through the 2010 Amendment Budget and the uncertainty this amendment process was introduced into the spending, procurement and other work plans of the Ministries, Departments and Agencies. These challenges have adversely affected the capital utilisation and performance of some MDAs to varying degrees. However, Capital Budget Implementation has generally improved during the course of the year. To improve the ultimate performance ratios, it may be necessary to extend the implementation of the 2010 Capital Vote to 31 March, Consequently, I am constrained to approach the National Assembly with this request for the extension of the implementation of the Capital Budget to 31 st March, It is my hope that the National Assembly will, as usual, kindly consider and approve this request expeditiously to facilitate the full implementation of the 2010 Capital Budget. Please accept hon. Speaker, the assurances of my highest consideration. Yours sincerely, (Signed) DR. GOODLUCK EBELE JONATHAN ANNOUNCEMENTS Meeting of Members of the PDP Caucus The Speaker: May I, please, remind Members of the PDP Caucus of the House of Representatives that there would be a meeting tonight between the President and that Caucus at the venue I had expressed earlier. Obituary I have a bit of sad news for us; we have lost Hon. Ezekiel Anderson Anaka. This sad event happened on 1

2 1733 Thursday, 21 st October, He was a Member of the 2003 set. Can we, please, rise up for a minute in silence for the departed soul? (A minute in silence was observed in honour of the deceased) Hon. Colleagues, the letter I am about to read is from the wife of the deceased, Mrs. Gloria Ezekiel Anaka. It reads: Hon. Ezekiel Anderson Anaka was a Member of the PDP. He served as a Commissioner in the State Civil Service Commission from 2002 to He represented Abak/Etim Ekpo/Ika Federal Constituency from 2003 to His remains would be laid to rest in his country home, Atai Otoro, Abak Local Government Area of Akwa Ibom State on Saturday, 11 th December, Consequently, the entire family would be highly honoured with the presence of Principal Officers and Members of the National Assembly. (Signed) Mrs. Gloria Ezekiel Anaka Meeting of ANPP Caucus The Speaker: There will be a meeting of the ANPP Caucus in this Chamber immediately after sitting. (Signed) ANPP Caucus Leader Visit of the Nigerian Universities Association of Business Management Students Hon. Colleagues, we have in the Gallery the Nigerian Universities Association of Business Management Students from the University of Maiduguri. Can you stand up for recognition, please? (Members of the Association stood up for recognition) PRESENTATION OF PUBLIC PETITIONS 1734 The Speaker: Any Member who has a Petition to present to the House may, please, rise to do so. (No response) PRESENTATION OF BILLS The Speaker: The first Business of the Day is presentation of Eight Bills. The Clerk is invited to read the Short Titles of the Bills. University of Uyo (Establishment, etc.) Bill, 2010 University of Uyo (Establishment, etc.) Bill (HB.468) presented by the Executive read the First Time. Nigeria French Language Village Bill, 2010 Nigeria French Language Village Bill, 2010 (HB.469) presented by the Executive read the First Time. Nigeria Arabic Language Village Bill, 2010 Nigeria Arabic Language Village Bill, 2010 (HB.470) presented by the Executive - read the first Time. Universities (Miscellaneous Provisions) Act (Amendment) Bill, 2010 Universities (Miscellaneous Provisions) Act (Amendment) Bill (HB.471) presented by the Executive read the First Time. Chartered Institute of Management Accountants Nigeria Bill, 2010 Chartered Institute of Management Accountant Nigeria Bill, 2010 (HB.473) presented by Hon. Tunde Akogun (Akoko-Edo) read the First Time. Presidential Inauguration Bill, 2010 Presidential Inauguration Bill, 2010 (HB. 474) - presented by Hon. Tunde Akogun (Akoko Edo) read the First Time National Planning Process Bill,

3 1735 National Planning Process Bill, 2010 (HB.465) presented by Hon. Ike Chinwo) (Obio/Akpor) read the First Time. Constitution (Eighteenth Amendment) Bill, 2010 Constitution (Eighteenth Amendment) Bill, 2010 (HB.467) presented by Hon. Olufemi Gbajabiamila) (Surulere 1) read the First Time. PRESENTATION OF REPORTS Report of the Committee on Capital Market and Other Institutions on the Investigative Hearing on Stock Market Crisis The Speaker: The next Business of the Day is the presentation of the Report of the Committee on Capital Market and other Institutions on the Investigative Hearing on Stock Market Crisis. Hon. Umar Buba Jibrin, please proceed. Hon. Umar Buba Jibrin (Lokoja/Kogi): Thank you, Mr. Speaker. I rise to move that this House do receive the Report of the Committee on Capital Market and Other Institutions on the Investigative Hearing on Stock Market Crisis. Hon. Mohammed Abubakar Maifata (Tarauni): Mr. Speaker, I do second the Motion as moved by Hon. Buba Jibrin. Question put and agreed to. (Report laid on the Table) Report of the Committee on Millennium Development Goals on Assessing the Implementation of Millennium Development Goals (MDGs) in Nigeria The Speaker: The next Business of the Day is the presentation of the Report of the Committee on Millennium Development Goals on Assessing the Implementation of Millennium Development Goals (MDGs) in Nigeria from 2000 to 2010 standing in the name of Hon. Saudatu Sani, Chairman of the Committee. Members would recall that on Thursday, 5 th November, 2009 the House in a Resolution mandated 1736 the Committee to conduct a Public Hearing to ascertain the capacity and capability of the Public Service and/or their role in the partial or non-implementation of the Federal Budget and report back to the House. The Report is ready for presentation. Hon. Saudatu Sani, you have the Floor. Hon. Saudatu A. Sani (Lere): Mr. Speaker, I move that this House do receive the Report of the Committee on Millennium Development Goals on Assessing the Implementation of Millennium Development Goals (MDGs) in Nigeria from 2000 to Hon. Peace Uzoamaka Nnaji (Nkanu East/Nkanu West): Mr. Speaker, I rise to second the Motion as moved by the Chairman of the Committee on Millennium Development Goals. Question put and agreed to. (Report laid on the Table) Report of the Committee on Public Petitions on the Petition by Prince O. B. A. Uzama against the NNPC for Alleged Wrongful Termination of Appointment The Speaker: The next Business of the Day is the presentation of the Report of the Committee on Public Petitions on the Petition by Prince O. B. A. Uzama against the Nigeria National Petroleum Corporation (NNPC) for alleged wrongful termination of appointment, standing in the name of the Chairman, Hon. C.I.D. Maduabum. Hon. C.I.D. Maduabum, you have the Floor. Hon. C.I.D. Maduabum (Nnewi North-South/ Ekwusigo): Mr. Speaker, I move that this House do receive the Report of the Committee on Public Petitions on the Petition by Prince O.B.A. Uzama against the Nigeria National Petroleum Corporation (NNPC) for alleged wrongful termination of appointment. Hon. Christopher Sunday Eta (Boki/Ikom): Mr. Speaker, I rise to second the Motion as moved by Hon. C.I.D. Maduabum. Question put and agreed to. (Report laid on the Table) 3

4 1737 Hon. Mohammed Ali Ndume (Damboa/ Gwoza/Chibok): Point of Order! The Speaker: Which Order, Hon. Ndume? PRIVILEGES Hon. Mohammed Ali Ndume: Mr. Speaker, it is Order V on Page 9 of our Standing Orders dealing with Privileges. I also refer this House to Order VII, Rule 8. We are about to receive the Budget from the President, which is a very important assignment of this House. This House, because of non-implementation of Budget by the Executive, some time past resolved through a Motion not to receive the 2011 Budget until certain clarifications are made. Bearing in mind that we have a responsibility to abide by the Resolution of the House, we need to take an order so that we can reverse the decision that was taken on the Floor of this House on the matter so that we do not stand as an impediment to the presentation of the 2011 Budget, which will soon be before the House. The Speaker: Chairman, Rules and Business Committee, I do not really understand the Minority Leader. Hon. Ita Enang (Itu/Ibiono Ibom): Mr. Speaker, I want to say, first of all, that this is anticipation. Two, there is no such matter pending on the Floor at this time. Three, if there was a Resolution of this House on the matter he is talking about, it has to come by a way of substantive Motion. Four, it ought to be at a time that there is a request by the President for this House to receive that Budget; it does not arise. I pray that Mr. Speaker do overrule the Minority Leader. Hon. John Halims O. Agoda (Ethiope East/ Ethiope West): Mr. Speaker, what Hon. Ali Ndume has told this House today is to clear the way properly for the receipt of the 2011 Budget. I could recall that when the Motion was moved to that effect; among the Resolutions was to the effect that if the Capital aspect of the Budget was not properly implemented, then the House will not receive the 2011 Budget. It is there on record. So the Minority Leader is telling us that we should vacate that decision so that the House will be free to receive the 2011 Budget I was here in the House when that decision was taken. The Speaker: I need to rule on this Point of Order. First, it is not the end of the year yet. Secondly, the President has not signified that he is bringing the Budget to us. Until he does that and we refer it to the performance of the Capital side and decide whether it has been implemented properly or otherwise, there may be no need for that. Thank you, Minority Leader, for putting us on notice. It is very patriotic of you and of course, the Minority must have their say. However, you are overruled. While that is going on, you may also be ready to make the anticipation in such a way that given the resolution passed by this House yesterday that even the 2011 Budget must comply with the Fiscal Responsibility Act, especially Section 21 as read to us by the Chairman, Committee on Banking that all the thirty-one agencies must submit their budget to the Finance Minister. That will be attached to the Budget estimates for 2011 that will be presented to the Floor. Otherwise, this House will not take it. Hon. Mohammed Ali Ndume: It is important for the House to communicate to the appropriate authorities before the presentation of the Budget. The Speaker: I am sure that the Executive will have a copy of the Resolution. Secondly, I am sure that they have lawyers among them that read the laws of this nation as signed by the President of the Federal Republic of Nigeria. ORDERS OF THE DAY CONSIDERATION OF BILLS Constitution (Eighteenth Amendment) Bill, 2010 A Bill for an Act to Alter the Provision of Constitution of the Federal Republic of Nigeria (1999) and for other Matters Connected Thereto, 2010 (HB. 459) Order for Second Reading. 4

5 1739 The Speaker: The next Order of the Day has to do with the commencement of debate on the general principles of a Bill for an Act to Alter the Provisions of the Constitution of the Federal Republic of Nigeria 1999 and for Matters Connected Thereto, Members would recall that the Bill was read for the First Time on Tuesday, 25 th October, I now invite Hon. Chuka Ama-Nwauwa to move that the Bill be read the Second Time. Hon. Chuka Ama-Nwauwa, where are you? (No response) Hon. Ita Enang, what is going on? Hon. Ita Enang (Itu/Ibiono Ibom): Mr. Speaker, I want to pray the House for a very special dispensation. The Rules and Business Committee decided that subject to the agreement of the House that since there are about ten Bills on the amendment of different sections of the Constitution and since all of them relate to the amendment of the Constitution, that all of them be listed at the same time so that we could apply for consolidation so that all of them could take the argument at the same time and it will at once be referred to the House Special Committee on the Review of the 1999 Constitution. I want to pray the House that since Members and sponsors of these Bills are present that the House do agree that the following Bills: HB.459, HB.372, HB.381, HB.413, HB.361, HB.453, HB.406, HB.460 and HB. 449 be consolidated since all of them relate to the amendment of the 1999 Constitution and arguments taken together so that it can be referred at once to the Committee. Hon. Leonard O. Ogor (Isoko North/Isoko South): Mr. Speaker, I am guided by our House Rules in line with Order 12, Rule 14, which border on Bills on the same subject matter. The Chairman, Committee on Rules and Business has not told us categorically if these ten amendments are on the same subject matter. If they are not on the same subject matter, then it will be impossible for us to consolidate the nine Bills. I, therefore, would want to appeal to the House that we should take these Bills if they are on different subject matters and treat them on their merits. Consolidating them will not give us the opportunity to look at the merits and demerits of these amendments Hon. C. I. D. Maduabum (Nnewi North/Nnewi South/Ekwusigo): Mr. Speaker, to say that the 1999 Constitution is one subject matter, may not be correct in my view. The reason is that it is a document of over three hundred sections; some dealing with revenue allocation, Fundamental Human Rights and so many other issues. I believe that those are the subject matters. For example, fundamental human rights provision of the Constitution is a subject matter. If you say that the entire Constitution is one subject matter, for instance, that after consolidating these ones now that I cannot bring another Bill to deal with any of the subjects in the Constitution because that is the implication. That I cannot for instance after today, bring any amendment on any of those sections. I think that the entire Constitution is not one subject matter but for purpose of running the House, he can bring this type of motion to enable us debate all of them at the same time and not that it is a consolidation. It is for convenience of debate, not consolidation. The Speaker: Hon. C. I. D. Maduabum, some of us are not learned. How can we discuss the different Bills at the same time without consolidating them since you are asking us to do it without consolidating? Hon. C. I. D. Maduabum: Mr. Speaker, we are going to take each amendment as an item for debate. Any of the items could pass or fail. Hon. Halims O. Agoda (Ethiope East/Ethiope West): Mr. Speaker, I support the position of Hon. C. I. D. Maduabum and Hon. Leo Ogor. Yes, it is true that because of time constraints and perhaps the course content, our brother and my friend is suggesting consolidation. It is equally true that we have one Constitution, which is the 1999 Constitution but the content as it relates to each item are not the same subject matter. This is because each of these items here may require me, as the representative of my people, to consult with my people; that what do you think will be my view in this aspect of the Constitution that we want to amend? Therefore, it will not be proper for us to take the entire items as a whole and discuss them under one debate. We should take them item by item. 5

6 1741 The Speaker: Has any Member a contrary opinion to what has been said so far? Hon. Ita Enang: Mr. Speaker, I deliberately did not come under Order XII, Rule 14 of our Standing Orders. This is because Order XII, Rules 14 says that more than one Bill on the same subject matter may be introduced but when the Second Reading of a Bill has been agreed to or negatived the question shall not be proposed for the Second Reading of another Bill on the same subject matter. I did not approach this House under that because I agree that these Bills are not on the same subject matter. If I were coming under this Section, I would have been requesting that HB.360 having been read, we should not read HB.406 because they are on different sections. What I am coming at now is as if the entirety of these nine amendments were one Bill; stating that Section 1: Amend this by deleting this. Section 2: Amend this by deleting this as if they were one Bill sponsored by the same person. They are actually sponsored by different persons but they are all relating to the amendment of the 1999 Constitution, which is one document. What I am asking for is not inherent jurisdiction; it is equitable jurisdiction, Sir. The Speaker: Thank you. Hon. Mohammed Ali Ndume: Mr. Speaker, what Hon. Ita Enang is saying is that we should take the Amendments item by item. Meanwhile, I agree with Hon. Leo Ogor that each has a different matter but what we are saying is that since we have a very comprehensive Committee Members on the Review of the Constitution, let us subject these items to accelerated debate item by item so that the sponsors of the Bills will now introduce them. The Speaker: Thank you, Minority Leader. There is no shortcut to success. What I am trying to say specifically is that if the mover of the Motion is the only person allowed to talk, he or she will talk and we will put the question and we move on. That is what we are going to do Constitution of the Federal Republic of Nigeria (Amendment) Bill, A Bill for an Act to Amend the 1999 Constitution of the Federal Republic of Nigeria, Section 14, Subsection (3); Section 147, Subsection (3) and Section 223, Subsection (2)(b) 2010 Order for Second Reading. The Speaker: Hon. Chuka Ama-Nwauwa is not here. Hon. Femi Gbajabiamila is not here as well. Hon. Ubale Jakada is also not here. Hon. Binta Masi Garba, let us take yours. Since Hon. Binta is here the House will refer to the commencement of debate on the general principles of a Bill for an Act to amend the 1999 Constitution of the Federal Republic of Nigeria, Section 14, Subsection (3); Section 147, Subsection (3) and Section 223, Subsection (2)(b) Hon. Binta Garba, please proceed. Hon. Binta Masi Garba (Michika/Madagali): Mr. Speaker, I rise to move that a Bill for an Act to amend the 1999 Constitution of the Federal Republic of Nigeria, Section 14, Subsection (3); Section 147, Subsection (3) and Section 223, Subsection (2)(b) 2010 be read the Second Time. Hon. Mohammed Sani Takori (Gummi/ Bukkuyum): I second the Motion ably moved by my Colleague that a Bill for an Act to amend the 1999 Constitution of the Federal Republic of Nigeria, Section 14, Subsection (3); Section 147, Subsection (3) and Section 223, Subsection (2)(b) 2010 be read the Second Time. Question proposed. The Speaker: Hon. Binta, you have the Floor? Hon. Binta Masi Garba: Mr. Speaker, the Amendment is just on one line of the Constitution and I crave the indulgence of my Colleagues not to be too sentimental about the issue that we are going to discuss. Nigeria has been a signatory to international Treaties and Charters and appended her signature to such Treaties. It is for us to consolidate such Treaties into our Constitution. Section 14, Sub-section (3) says: The composition of the Government of the Federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to 6

7 1743 reflect the federal character of Nigeria and the need to promote national unity and also to command national loyalty, thereby ensuring that there shall be no predominance of persons from a few States or from a few ethnic or other sectional groups in that Government or in any of a its agencies. All that we need in the Amendment should read thus: The composition of the Federal Government of Nigeria or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reflect the federal character of Nigeria and gender balance, and the need to promote national unity, national loyalty, thereby ensuring that there shall be no predominance of one person from one gender or from a few States or from a few ethnic or other sectional groups in that Government or in any of its agencies. The federal character reflects even in the composition of Ministerial nominations. All what we want is the reflection of gender balance in the nomination of Ministerial appointments. Section 147, sub-section (3), made mention that: Any appointment under subsection (2) of this section by the President shall be in conformity with the provisions of Section 14(3) of this Constitution. What we need in that is just another line item to read thus: provided that in giving effect to this provision aforementioned, the President shall appoint at least one Minister from each State. No gender shall be less than 35 per cent. There are countries that have affirmed and adopted it in their Constitutions. Nigeria should not lag behind. Countries that have affirmative action either in mechanism or general forms legislated in their Constitutions are countries like South Africa, Uganda, Tanzania, Ghana, Kenya, Namibia, Morocco, Rwanda, Algeria, Sudan and Djibouti, and Nigeria should not be left behind. In Section 223, subsection 2(b), line 5, we need to insert the following: By the same token, must have at least 35 percent of the total number of such members as women representatives. We are all here as Parliamentarians. We crave the indulgence of our hon. Colleagues here not to look at us as second-class citizens. We are all equal before the law and constitutionally there is no gender 1744 discrimination but in the activities of governance, women have, to a large extent, been discriminated against. All that we are asking is that if the Federal Republic of Nigeria has forty ministerial nominations, at least, twelve of such nominees should be women. There are men here that have girls as children. There are men here that have women as their wives. (Interruption) The Speaker: Please, hold on. You are saying that there are men here who have women as their wives. Is there any man that has a man as his wife? Hon. Binta Masi Garba: There are no male Members who have men as their wives. What I am saying is that tomorrow the wives of the male Members here may be qualified to be a nominee and if we do not pass such a law obviously that will knock the wife or daughter down. There are some of us that are men who obviously have all their children as daughters. Tomorrow, they might stand the chance and if we do not pass this Bill, definitely that thing will technically knock them out. We are all partners in progress. I am praying and begging you all to allow this Bill to pass. The Speaker: Thank you, Hon. Binta Garba. May we hear from Hon. Sauduta Sani? Hon. Saudatu A. Sani (Lere): Mr. Speaker, for the sake of your daughters and our unborn children that are coming into this world, support this move to give Nigeria a new image. If this government had not made an affirmative action to send girls to school, some of us would never be where we are today. In time past, in my area, girls were not allowed to go to primary schools but the government took a decisive action and made an affirmative action that girls must go to school. It is in line with this that we are begging these hon. male Colleagues; our masters; our husbands and fathers that their daughters are talking. Please, for the sake of that beautiful girl at home support this Bill. Hon. Khadija Bukar A. Ibrahim (Damaturu/ Gujba/Gulani/Tarmuwa): Mr. Speaker, as stipulated in the Beijing Convention that at least 35 per cent of any elective and appointive positions should be allocated to 7

8 1745 women is outdated in Nigeria. We are behind in the percentage of women representation in elective and appointive positions. For instance, Nigeria has only scored 8 per cent compared with other countries which have scored more than 35 per cent as stipulated in the Beijing Convention. What I am saying today is that everywhere in the world there is fair representation of women but unfortunately the reverse is the case in Nigeria. If you go to the State Houses of Assembly, you will see that women are not represented. When you take a look at appointive positions you will see that the only position occupied by women is Ministry of Women Affairs. I believe that by actually appointing more women as Ministers, we stand the chance of getting better representation and we women know our problems better than the men do. We will represent ourselves better in a lot of situations and also take decisions that are meaningful to us and to our fellow men. Hon Abike Dabiri-Erewa (Ikorodu): Mr. Speaker, hon. Colleagues, the female Members of this honourable House are appealing to you. We have been talking about MDG Goal 3. MDG Goal 3 seeks 35 per cent of women representation all over the world. This is not about us; we are here today and we are not going to be here for ever. It is about your daughters. It is about our girls who are coming up. We can laugh today but what we are seeking for is not even in elective positions; it is in appointive positions and we are saying that when we consider Federal Character let us consider gender. All over the World and in Africa, Nigeria is lagging behind. I feel very sad about it. Some of my Colleague, like Hon. Elumelu who sees it as a women affair is not taking it seriously and I take strong exception to that but we are begging you. We are urging all our hon. Colleagues to let this go through second reading. We can argue that the Constitution guarantees our demand but I urge you all to let this go through second reading and let the relevant Committees now decide whether it is worth it or not. Hon. Ndudi Godwin Elumelu (Aniocha North/ Aniocha South/Oshimili): Mr. Speaker, I have a home, a very peaceful home I am urging you to ask Hon. Abike Dabiri-Erewa to withdraw her statement. Otherwise, they will drive me away from my house. She has just made a statement trying to cause confusion.\ The Speaker: Which Order of our Rules are you referring us to? PRIVILEGES Hon. Ndudi G. Elemelu: I am referring this honourable House to Order V, Rule 1 of our Standing Orders dealing with Privileges. My privilege has been battered; she is trying to cause confusion and I want to be safe in my home. So, I am urging Mr. Speaker to kindly ask Hon. Abike Dabiri-Erewa to withdraw her statement so that I can go home in peace. The Speaker: I overrule you. Point of Order raised by Hon. Ndudi Elumelu overruled. Hon. Ita Enang: Point of Order, Mr. Speaker! The Speaker: What is the Point of Order, Hon. Ita Enang? Rules of Debate Hon. Ita Enang: Mr. Speaker, the Point of Order is Order IX, Rule 2(1) of our Standing Orders which says that a Member deviating from the provisions of these may be immediately called to order by the Speaker or the Chairman or by a Member rising to a point of Order. A member rising to a point of order shall simply direct attention to the point he desires to bring to notice and submit it to the Speaker or to the Chairman for decision. I rise on Section 42 of the Constitution to say that we cannot make this law. The Speaker: It is the same Constitution that we are seeking to amend. Hon. Ita Enang: No, it is not amending that section. They are seeking to amend sections relating to Directive Principles of State Policy but this is the section of the law regulating to Fundamental Rights which can only be amended by 4/5 of the Constitution. 8

9 1747 Section 42(1)(a) of the Constitution says: A Citizen of Nigeria of a particular community, ethnic group, place of origin, sex (Interruption) The Speaker: Hold on, Hon. Ita Enang. Sex in this case means male or female. Is that not so? Hon. Ita Enang: Yes, Mr. Speaker. I will take Section 42(1)(a) of the Constitution again. A Citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person a) be subjected either expressly by or in the practical application of any law in force in Nigeria or any executive or administrative action of the government to disabilities or restriction to which citizens of Nigeria or other communities, ethnic group, places of origin, sex, religion or political opinions are not made subject. The import of this provision of the Constitution is that the women of this country are entitled to 80 per cent of the appointments; nothing limits them to even 35 per cent. To say that they need a minimum of 35 per cent amounts to discrimination against women. We cannot on the Floor of this House make a provision which discriminates against women because passing this Bill into law will be discrimination against women. I pray that this Bill be struck out. Hon. Abdul Ningi (Ningi/Wargi): Hon. Ita Enang has gone to quote the Constitution dealing with sex and ethnicity. The same Constitution now allows Federal Character. When you talk about Federal Character, you are saying there are parameters that a competent person is supposed to be seen and be appointed across the State for spread. Therefore, this Bill is seeking is to be affirmative. We attained independence 50 years ago. Let us have a practical analysis of this matter. We have a population of 150 million Nigerians. Over half of that population are women; look at the representation in this House. What are we saying about women? Are we trying to say that my mother and daughters do not matter because they are women? For goodness sake we are a developing society. By way of emphasis, let me say that this Bill is not about 1748 elective; it is appointment. If we cannot equate that how do we come about zoning and Federal Character? The Speaker: I will now put the question on the Second Reading of the Bill. Question put and negatived. (Motion by leave of the House accordingly stood down) Constitution of the Federal Republic of Nigeria, 1999 (Alteration) Bill, 2010 A Bill for an Act to Alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 and for Other Matters Connected Thereto, 2010 Order for Second Reading. The Speaker: The next Order of the Day is the commencement of debate on the general principles of a Bill for an Act to Alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 and for Other Matters Connected Thereto, Hon. Bala Bantex, there is nothing to indicate which aspect of that Constitution you wish to amend. Hon. Barnabas Bala Bantex (Kaura): I will explain. The Speaker: You have the Floor. Hon. Barnabas Bala Bantex: Mr. Speaker, I move that a Bill for an Act to alter the provisions of the Constitution of the Federal Republic of Nigeria, That Be it enacted by the National Assembly of the Federal Republic of Nigeria, the Constitution of the Federal Republic of Nigeria, 1999 herein after referred to as the Principal Act is amended in this Bill. Section 162 of the Principal Act is hereby amended by substituting Sub-Section (5) and (6) with new paragraphs as follows: The amount standing to the credit of Local Government Councils in the Federation Account shall be distributed among the Local Government councils on such terms and in such manner as may be prescribed by the National Assembly. 9

10 1749 Each Local Government Council shall maintain a Consolidated Local Government Account into which shall be paid all allocations to the Councils from the Federation Account, State allocations and locally generated revenue. Section 162 of the principal Act is further amended by deleting subsections (7) and (8). I so move. Hon. Mohammed Sani Abdu (Alkaleri/Kirfi): I do second the Motion as ably moved by Hon. Bala Bantex. Question proposed: Hon. Barnabas Bala Bantex: This Bill seeks to ensure the financial and administrative autonomy of the Local Government Councils by prescribing an independent Consolidated Local Government Account solely superintended by the Local Councils. The 1999 Constitution which we seek to amend and which we have successfully amended some of the Sections mirrors largely a military tendency of overconcentrating power at the Centre. If you look at this Section, that is where we have a problem. The Local Government is a creation of the Constitution. If properly managed, the Local Governments are supposed to witness very rapid transformation of our rural areas. This has not happened I believe not only because of the failure of the operators of the system but because of the lapses that are created within the Constitution. What the Constitution has done rather inadvertently is to provide for democratically elected leaders at that level without providing for democratic governance at that level. What I mean by this is that whereas Section 7 of the Constitution provides for democratically elected representatives at that level but the elected representatives at that level have been denied the right to democratically manage the resources that are available to the Local Government. There is no doubt that the intention of the Constitution was to ensure that power devolves from the centre through the State to the Local Government to involve everybody and every community in a manner as to ensure loyalty to the Federal Republic of Nigeria by every citizen. By taking away the legislative 1750 responsibility at that level and taking it back to the State, what this has achieved largely is a situation where the people of the Local Government have absolutely no control over their own resources. The Local Government by the way is entitled to about 20.6 per cent of the federally generated revenue. This has attracted about N5.04 trillion to the Local Governments apart from internally generated revenue between 1999 and 2008 alone. As I said earlier, this money has not seen the transformation of the rural population because of the manner these funds have been controlled. What I seek this Parliament to do is to throw this discussion open before the general public through a Public Hearing. For example, in my Local Government, the desire of my people is that the Constitution having favourably directed the disbursement of as much as 20 per cent of the Federal Government generated resources to the Local Government that as a matter of fact, they have the manpower and what it takes through their elected representatives to decide exactly on how they want to utilize those resources for their development. They know better than anybody else outside the Local Government what the problems are and how to solve them and because of that, they are of the opinion that gone are the days when it was imagined that the Local Government could not boast of able and capable leadership that would man and manage the resources allocated to it. It is because of this that I have come before the Parliament this morning that we do accept to amend the relevant portions of the Constitution that will allow the Local Governments to run a democratic system the way it is run at the State and Federal levels. As my Senior Colleague, Halims Agoda said yesterday, the legislature is the engine room of democracy, there is no way such huge funds allocated to the Local Governments can be managed properly on behalf of the people of such tiers of government without a legislative arm. It is on this note that I am calling on my Colleagues to allow this Bill to go for Public Hearing so that we can discuss the details that are required. Hon. Mohammed San Abdu: I do support the proposition of this Bill mainly because it seeks to strengthen and engender Local Government autonomy. 10

11 1751 In another Section of the Constitution, we said there are three tiers of government and by this Section, we are subsuming the Local Government in the hands of the State. Now, the Local Governments have virtually become a unit of the Local Government department of a State. I know in my State, if you go to the Local Governments, you can hardly meet any Chairman of the five working days of the week. If you are lucky, he will stay there for an hour and thereafter runs to the State Capital every day to go and solicit for one thing or another. Whatever projects these Local Governments initiate and want to do for their people, they are unable to do it because they have to go and seek for approvals from the State. On the one hand, we have given and on the other hand, we have taken away. I think fundamentally and in principle what this particular Bill seeks to do is to make the Local Government autonomous and ensure direct funding at their level. The Speaker: Hon. Colleagues, I will put the question on this Bill. Question put and agreed to. Bill read a Second Time and referred to the Special Ad-Hoc Committee on Constitution Review. CONSIDERATION OF REPORTS Report of the Joint Committee on Loans, Aids and Debt Management and Justice on the Debt Management Office (Establishment) Act, 2003 (Repeal) Bill and the Debt Management Office (Establishment) Act, 2008 (Re-enactment) Bill, 2009 The Speaker: The next Order of the Day is consideration of the Report of the Joint Committee on Loans, Aids and Debt Management and Justice on a Bill for an Act to Repeal the Debt Management Office (Establishment) Act No.18 of 2003 and to Re-Enact the Debt Management Office (Establishment) Act 2008, to Establish the Debt Management Office and for Related Matters, Hon. Friday Itulah, can you move the Motion, please? Hon. Friday Itulah (Esan North East/South East): I move that this House do consider the Report of the Joint Committee on Loans, Aids and Debt 1752 Management and Justice on a Bill for an Act to Repeal the Debt Management Office (Establishment) Act No.18 of 2003 and to Re-Enact the Debt Management Office (Establishment) Act 2008, to Establish the Debt Management Office and for Related Matters, 2009 and approve the recommendations therein. Hon. Umaru Kari (Dutsin-Ma/Kurfi): I stand to second the Motion as moved by Hon. Friday Itulah. Question put and agreed to. Resolved: That the House do consider the Report of the Joint Committee on Loans, Aids and Debt Management and Justice on a Bill for an Act to Repeal the Debt Management Office (Establishment) Act No.18 of 2003 and to Re-Enact the Debt Management Office (Establishment) Act 2008, to Establish the Debt Management Office and for Related Matters, 2009 and approve the recommendations therein. Report of the Committee on Governmental Affairs on the State-of-the-Nation Address by Mr. President and Enshrining an Annual State of the Nation Address in the Laws of the Federation of Nigeria The Speaker: Hon. Leo Ogor, we are considering the Report of the Committee on Governmental Affairs on a Bill for an Act to make provision for the State-ofthe-Nation Address by the President and Other Connected Matters, 2009 and a Bill for an Act to Enshrine an Annual State of the Nation Address in the Laws of the Federation of Nigeria and Other Matters Connected Thereto, Hon. Leo Ogor, please go ahead. Hon. Leo Okuweh Ogor (Isoko North/Isoko South): With due humility, I move that this House do consider the Report of the Committee on Governmental Affairs on a Bill for an Act to make provision for the State of the Nation Address by the President and Other Connected Matters, 2009 and a Bill for an Act to Enshrine an Annual State of the Nation Address in the Laws of the Federation of Nigeria and Other Matters Connected Thereto, 2009 and approve the recommendations therein. Hon. Stephen Ike Chinwo (Obio/Akpor): I rise to second the Motion as moved by Hon. Leo Ogor. Question put and agreed to. 11

12 1753 Resolved: That the House do consider the Report of the Committee on Governmental Affairs on a Bill for an Act to make provision for the State of the Nation Address by the President and Other Connected Matters, 2009 and a Bill for an Act to Enshrine an Annual State of the Nation Address in the Laws of the Federation of Nigeria and Other Matters Connected Thereto, Report of the Committee on Marine Transport on the Chartered Institute of Shipping of Nigeria (Establishment) Bill, 2009 The Speaker: The next Report to be considered is the Report of the Committee on Marine Transport on a Bill for an Act to Establish a Chartered Institute of Shipping of Nigeria and to Regulate the Profession of Shipping and for Related Matters, The Deputy Chairman of the Committee, could you please move the Motion? Hon. Adamu Gora Kalba (Kaltungo/Shongom): I move that this House do consider the Report of the Committee on Marine Transport on a Bill for an Act to Establish a Chartered Institute of Shipping of Nigeria and to Regulate the Profession of Shipping and for Related Matters, Hon. Aminu Shehu Shagari (Yabo/Shagari): I rise to second the Motion ably moved by Hon. Adamu Kalba. Question put and agreed to. Resolved: That the House do consider the Report of the Committee on Marine Transport on a Bill for an Act to Establish a Chartered Institute of Shipping of Nigeria and to Regulate the Profession of Shipping and for Related Matters, Hon. Baba Shehu Agaie (Agaie/Lapai): I rise to move that this House do resolve into the Committee of the Whole to consider all the Reports. Hon. Herman C. Hembe (Konshisha/Vandekiya): I do second the Motion as moved by Hon. Baba Shehu Agaie. Question put and agreed to. (The Deputy Speaker in the Chair) CONSIDERATION OF REPORTS 1754 Report of the Joint Committee on Loans, Aids and Debt Management and Justice on the Debt Management Office (Establishment) Act No. 18 of 2003 (Repeal) Bill and the Debt Management Office (Establishment) Act 2008 (Re-enactment) Bill and the Debt Management Office and for Related Matters (Establishment) Bill The Chairman: The first Report we are considering is on a Bill for an Act to Repeal the Debt Management Office (Establishment) Act No. 18 of 2003 and to Re-Enact the Debt Management Office (Establishment) Act, 2008, to Establish the Debt Management Office and for Related Matters. PART I PRELIMINARY Clause 1 (SHORT TITLE) Hon. Friday Itulah (Esan North East/South East): As I did say, during the consideration of this Bill, our desire is to change the nomenclature of Debt Management Office to Debt Management Bureau because of the series of assignments and responsibilities that they now have. You would recall that that suggestion was deadlocked the other time because the Chairman of the Committee on Rules and Business had issues with it but we have since sorted ourselves out and he is with me on this chapter. That is my Amendment. The Chairman: Is any Member seconding this Amendment? The Amendment is that the nomenclature of the agency be changed from Debt Management Office to Debt Management Bureau. Hon. Ita Enang: I do second the Amendment. Hon. Abdul Ningi (Ningi/Warji): I want to partake in answering yes or no but before I do that, may I crave the indulgence of Hon. Friday Itulah, former Speaker, House of Assembly and Hon. Ita Enang, Chairman, Committee on Rules and Business of this honourable House, to say in a sentence the difference between what they are doing and what the status quo is so that it will enable me answer yes or no. Hon. Friday Itulah: The Debt Management Office has assumed greater responsibility. That is part of the reason why we are repealing the whole Act and bringing this one up. For example, you would have realised that in the past they were not involved in the 12

13 1755 purchase of bonds on behalf of the government but that has now become part of their responsibility. Even in the states today, this office is establishing State offices which are called DMO. This office, having assumed this larger toga, we are of the view that it should become a bureau instead of just an office which has restricted the meaning. As I said, Hon. Ita Enang, Chairman, Committee on Rules and Business and I have sat together on this Bill and have resolved whatever problems there are. Hon. Ita Enang: In view of the fact that this office should have a Director General, unless you call it a bureau the person to be appointed to that office cannot be called a Director-General. A Director-General is of the same status with a Permanent Secretary; that is what they say. That is why they said it must be a bureau before a person of the status of a Director General could head it. That was the argument on that day. That is why we agreed that they should change the name from Debt Management Office to Debt Management Bureau. Debt Management Office is sweeter but Debt Management Bureau will place it at a standard as if it were an extra-ministerial department headed by Permanent Secretary called Director-General. The Chairman: I will now put the question on the Amendment. to. Amendment put and agreed to. Clause 1 (SHORT TITLE) as amended agreed Clause 2 deleted. Clause 3 - (INTERPRETATION) A hon. Member: Mr. Chairman, I was just thinking that it is appropriate for Hon. Friday Itulah to move that wherever the name appears, it should be changed mutatis mutandis. Clause 3 - (INTERPRETATION) ordered to stand part of the Bill. PART 1 ESTABLISHMENT OF THE DEBT MANAGEMENT BUREAU 1756 Clause 4 (ESTABLISHMENT OF THE DEBT MANAGEMENT BUREAU) - ordered to stand part of the Bill. Clause 5 - (ESTABLISHMENT AND COMPOSITION OF THE SUPERVISORY BOARD) ordered to stand part of the Bill. Clause 6 - (FUNCTIONS OF THE OFFICE) - ordered to stand part of the Bill. Clause 7 (POWERS OF THE OFFICE) Hon. Abdul Ningi: From Clauses 1 to 6 of this particular Amendment Bill, you could see vividly that the Debt Management Bureau is also managing loans and debts of States but if you look at Powers of the Bureau in Clause 7(a), it says: Issue and manage Federal Government debt arising from the issuance of various instruments upon such terms and conditions as may be agreed between the Federal Government and the Bureau. I understand this particular concept and the Clause very well. However, if you guarantee and manage debt for the states why will you not under your powers also say you are going to manage it for yourself or you just limit it to the Federal Government? I would like to explain the clause issuance of various instruments. When we were doing it, we were doing it holistically for everybody in the country which includes States and Local Governments and other agencies of government but here you limit the powers to manage debts owed by the Federal Government. I just want an explanation of the differences. The Chairman: understand his point? Hon. Friday Itulah, do you Hon. Friday Itulah: It is not very clear, Sir. I was trying to ask him what he meant. Hon. Abdul Ahmed Ningi: This Agency or Bureau is not only managing debts and loans by the Federal Government as a unit only; it does also manage debts by States and Local Governments. Am I right? Hon. Friday Itulah: You are right. That is part of the functions. 13

14 1757 Hon. Abdul Ahmed Ningi: If it is so, arising from Section 7 (a) which says: Issue and manage Federal Government debt arising from the issuance of various instruments upon such terms and conditions as may be agreed between the Federal Government and the Office. Why would we not say: Issue and manage Federal Government, States and Local Governments debts arising from the issuance of various instruments? Why are we excluding States and Local Governments under 7(a)? Is this Bureau limited to only the Federal Government alone without the States and Local Governments? Hon. Friday Itulah: As we have said, part of the responsibility includes management of debts of the States, the Local Governments and the Federal Government but you know that the States do not have the power or the authority to borrow particularly from outside windows. Whatever debt we have is managed by the Federal Government on behalf of the States. So it is an implied statement but if you insist that we must put State, I do not see anything that is wrong in making such proposal. Hon. Abdul Ahmed Ningi: Look at other Clauses that we have just passed, particularly in 6(e) which you mentioned State. The Chairman: Which one? Hon. Abdul Ningi: Clause 6(1)(e) which says: The Agency shall on agency basis, verify and service external and other debts taken by State Governments or Local Governments and any of their agencies where such debts are guaranteed by the Federal Government. That is not very clear. Hon. Friday Itulah: That is what I said. I have said you are at liberty to make an Amendment but since this has already appeared there, it necessarily follows. It is all embracing; it includes the Local Governments, the States and the Federal Government. Hon. Abdul Ningi: Clause 7 of this particular matter is only talking about the Federal Government; there is nothing implied there Hon. Friday Itulah: We have said you could make amendment to that effect. The Chairman: No, I do not think so. Clause 6 is different from Clause 7. If you give them the power to manage the States and Local Governments, it means the States and Local Governments cannot have the powers of spending until they come to the Federal Government or to that Office. If you look at Clause 6, it is not talking about management, but if you go to Clause 7, it is purely about managing the fund; that is how you spend the loans. They are two different things. Hon. Friday Itulah: Mr. Chairman, because of the functions that this Bureau has been given in Section 6, the former Leader is of the view that whatever that has to do with debt becomes the responsibility of this Office. He is not talking of the utilisation of such funds; it is the responsibility of the States to know the reason why they are borrowing and what they intend to do with it. It is like what the Federal Government has already sent to us now for which this Committee is in charge. Very many States have reasons to seek for loans from various windows. Such sovereign loans are to be utilised by such States and they are the ones to pay but what the Federal Government is simply doing is to guarantee that such loans will be paid as at when due based on the tenure that it is given. What he is proposing is not the utilisation but that this Bureau will be in charge of ensuring that what has to be done is properly done by such agencies of government. The Chairman: Hon. Abdul Ningi, are you all right? Hon. Abdul Ningi: Yes. Hon. Chile Igbawua (Kwande/ Ushongo): I just want to say that that provision in Clause 7(a) is correct. The Chairman: That is what the hon. Member said. Hon. Chile Igbawua: He said it was because of the provision of Section 6. I am saying it is independent because the issuance of instruments cannot be done by one tier of government on behalf of the other. 14