The second message on the 2011 Budget presentation reads: 8th December, 2010 HOUSE OF REPRESENTATIVES FEDERAL REPUBLIC OF NIGERIA

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1 HOUSE OF REPRESENTATIVES FEDERAL REPUBLIC OF NIGERIA Thursday 9th December 2010 The House met at a.m. PRAYERS (The Speaker in the Chair) VOTES AND PROCEEDINGS The Speaker: Hon. Members, the House is called to order. I have examined and approved the Votes and Proceedings of Wednesday 8 th December MESSAGES FROM THE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA A Bill for an Act to Establish the Nigerian Sovereign Investment Authority Rt. Honourable Dimeji Bankole, CFR Speaker of the House of Representatives, National Assembly Complex, Three Arms Zone, Abuja. Your Excellency, 8th December, 2010 I forward herewith, for your kind consideration and passage into law, a Bill for an Act to Establish the Nigeria Sovereign Investment Authority to build a savings base for future generations, enhance development of the infrastructure sector in Nigeria, assist fiscal stability in certain circumstances and for related matters. It is my hope that this Bill will receive the usual expeditious consideration and passage by the honourable House of Representatives. Please accept, Mr. Speaker, the assurances of my highest consideration. The second message on the 2011 Budget presentation reads: 8th December, 2010 Rt. Honourable Dimeji Bankole, CFR Speaker of the House of Representatives, National Assembly Complex, Three Arms Zone, Abuja. Sir, I crave the indulgence of the National Assembly to grant me the slot of noon Tuesday, 14th December, to formally address the Joint Session of the National Assembly on Budget While I thank the hon. Members of the House of Representatives of the Federal Republic of Nigeria for the constancy of your cooperation and understanding, please accept, Hon. Speaker, the assurances of my highest consideration. (Signed) Goodluck Ebele Jonathan (GCFR) ANNOUNCEMENTS Burial of the Mother of Hon. Daniel O. Reyenieju The Speaker: This is from Hon. Daniel O. Reyenieju: I wish to inform hon. Members desirous of attending my late mother s burial ceremony on the 17 th and 18 th of December 2010 at Warri, Delta State to kindly write their names at the Attendance Desk for flight reservation and logistics or contact Mr. Paul Adiwu in the office of the Clerk of the House of Representations. Accept the assurances of my highest regards, please. (Signed) Hon. Daniel O. Reyenieju Defection from PDP to ACN (Signed) Goodluck Ebele Jonathan (GCFR) The Speaker: Ismaila. It reads: This is from Hon. Kolawole 1

2 I wish to notify this honourable House that in consultation with my constituents in 1955 Boluwaduro/Ifedayo/Ila Federal Constituency of Osun State, I have defected from the PDP to the ACN. (Applause) All concerned functionaries should kindly take note. (Signed) Hon. Kolawole Ismaila PRESENTATION OF PUBLIC PETITIONS The Speaker: Any Member who has a Petition to present to the House may, please, rise to do so. Alleged Unlawful Confiscation of Vehicles by the Nigerian Customs Services Hon. Patrick A. Ikhariale (Esan Central/ Esan West/Igueben): My Petition borders on one of my constituents, the Chief Executive of Greener Line Transport Services Limited. The content of this Petition has to do with the fact that men of the Nigerian Customs Services, on two different occasions, have had cause to impound vehicles belonging to my constituent; registration EDO: XC 139 DGE; a 15-seater Nissan Urvan airconditioned vehicle precisely on 16th February, In the same circumstance earlier on, a vehicle number XB 512 WWR, a 15-seater Toyota Hiace airconditioned bus, was equally impounded by men of the Nigerian Customs Services on frivolous grounds. The summary of the prayers is that I am urging this honourable House to direct the appropriate Committee of the House to look into the content of this Petition and cause the release of the impounded vehicles to my constituent. Petition laid. The Speaker: The Petition is referred to the Committee on Public Petitions. (Petition referred to the Committee on Public Petitions) Hon. John Halims O. Agoda (Ethiope East/Ethiope West): Point of Order, Mr. Speaker! 2 The Speaker: What is the Point of Order, Hon. Halims Agoda? 1956 MATTER OF URGENT PUBLIC IMPORTANCE Alleged Theft of some Direct Data Capture Machines (DDC) Hon. John Halims Agoda (Ethiope East/Ethiope West): My Point of Order is based on Order VIII, Rule (3) of the Standing Orders of this House. I urge this House to kindly suspend sub-rule (3). The marginal note of this order is a Matter of Urgent Public Importance. It reads: The Matter for discussion shall, if possible, be referred to the Speaker prior to the commencement of the day s sitting and the Speaker shall refuse to allow the claim unless he is satisfied that the matter is definite and urgent. Sub rule (3) says: If the claim is allowed by the Speaker and the leave of the House is given by majority of all Members present, the matter shall stand over till the next Legislative Day. We are here as a Parliament to defend the interest of the Nigerian people and to give confidence to whatever thing that we are doing as a nation. In very many newspapers today, it is widely reported that some of the much expected Direct Data Capture Machines expected by INEC for the 2011 elections were stolen at the airport in Lagos. Looking at this issue critically, I am wondering whether or not we are ready as a people to move forward. We need to build confidence. Therefore, I call on this House to allow me come by way of a Motion so that as a House we can explain and analyse the implication of this theft to the forthcoming election and to us as a people. I humbly urge this House to allow me to do so. Resolved: That the House do consider this matter as one of Urgent Public Importance. Hon. John Halim Agoda: May I also apply that Order VIII, Rule 4(3) be suspended to enable this House to take this application immediately. Hon. Sylvester Ogbaga (Abakaliki/Izzi): I rise to second the Motion ably moved by Hon. Halims Agoda.

3 1957 Resolved: That the House do suspend Order VIII, Rule 4 (3) to enable the House to consider the matter immediately. Hon. John Halims O. Agoda: The House: Shocked at the reported theft of some units of the imported first batch of the Direct Data Capture Machines ordered by the Independent National Electoral Commission (INEC) for the 2011 General Elections at the Nigeria Aviation Handling Company at the Murtala Mohammed International Airport, Lagos; Surprised that this alleged theft of the machines could be contemplated by any person or group of persons at a time the expectations of Nigerians for a free, fair, transparent and indeed credible election are at their crescendo; Disappointed that even as Nigerians are pondering over the loss, there seems to be no agreement or definite confirmation of the exact number of units of the Direct Data Capture Machines that have been lost at the Airport in Lagos; Conscious of the grave implications of the theft of the machines on the new face of the Independent National Electoral Commission as that which would not accommodate tendencies which could mar its credibility with doubts as to its mission to deliver to Nigerians a free and fair election. Believing that the Airport incident is an eye-opener to INEC on the possibilities of man and indeed a litmus test on its preparedness to protect its integrity built on public trust of its leadership; Resolves to: I beg to move. the total units stolen and report to the House within one week Hon. Temitayo Fawehinmi (Ondo East/Ondo West): I rise to second the Motion ably moved by my Colleague. Hon. John Halims Agoda: Mr. Speaker, when you peruse many of the newspapers today, including the Tribune which is on front-page, the Nation and other newspapers, the titles are very apt; INEC DDC machines stolen at Lagos Airport. These papers reported that well over 6000 of the units expected of the fourteen thousand ordered were stolen on Monday inside the Aircraft in Lagos. We are preparing for a general election where the very vital ingredients that is expected of all stakeholders whether as a Government, INEC and indeed the Nigerian people is the element of trust and credibility in whatever things we are doing. INEC recently awarded this contract to three major companies. We have the Zinox Technologies Limited, the Haier Appliances Corporation of China, and the third company is the Avante of the United States. These companies were awarded contracts to produce 132,000 units of the said machines. Out of this, 120,000 are expected to be taken round the entire countries units by units. On Monday about fourteen thousand of these units were expected and out of these fourteen thousand machines it has been alleged by newspaper reports this morning that six thousand units of such machines could not be traced. Where are we going from here? The Zinox Manager who was confronted by Pressmen said and confirmed that yes; some of the machines have been stolen though it may not be up to 6000 as it was alleged but this seems to be arrogant admission of negligence by that official of Zinox. (i) (ii) call on the Nigeria Police, the State Security Service, the Customs Services, Zinox Technologies and indeed the Nigerian Aviation Handling Company to commence an immediate and intensive collaborative investigation into the incident with a view to recovering the alleged stolen machines; Mandate the Committee on Aviation to, as a matter of utmost urgency, enquire into the veracity or otherwise of the theft, The incident is indeed reckless and wicked and it shows sign of sabotage either by the security officials or by the companies themselves, or by INEC because it is expected that INEC officials were supposed to be at the receiving point where these machines were expected to be offloaded. So many questions should be asked. Who stole these machines? Were INEC officials there at that point in time? The final batch of these machines were expected to be received the third week of this month. 3

4 What we are confronted with is that so many units have been stolen. Is INEC coming back to this National Assembly to request for additional funds for them to award contract 1959 for a new set of machines? Is INEC coming again to demand for extension of time that will make this Parliament to extend or indeed amend the Constitution of the Federal Republic for the third time? We are in great danger; there is great implication over this issue that has just been reported and this Parliament, being the guiding conscience of this country, cannot stand aloof. We must take decisive action and ensure that whoever is responsible for this ugly incident must be brought to book. Hon. Sani Sale Minjibir (Minjibir/Ungogo): One question that readily comes to mind is who is actually responsible for clearing these machines and taking them to INEC? Are officials of INEC supposed to go to the Airport and take delivery of these machines there and then or has some kind of arrangements been entered into to make sure that these machines arrive safely at INEC Headquarters? Secondly, if such a thing could happen, what guarantee do we have that similar machines have not been ordered by some interested parties for use later on during the registration exercise? We need to get very concrete assurances to make sure that the registration exercise that we are about to embark on is not compromised from the beginning. This is very serious because we need to make sure that the whole exercise inspires the confidence of Nigerians with a view to making sure that this is the first step towards conducting free, fair and credible elections. I would like to conclude by urging that we should take all measures necessary to get to the root of the matter so that such occurrences never ever happen again. Hon. Mustapha Habeeb (Jahun/Miga): Mr. Speaker, with due respect to my elder parliamentarian, I believe the problem is not that of INEC. These Direct Data Capture Machines will become the property of INEC when they are duly received by the officials of INEC and taken into the store of that Commission. I have been following the stories in the Media. About two weeks ago some people went to court to stop INEC from ordering these machines and suddenly 4 we are told that these same machines are already in Lagos. I am surprised that some units of these machines have been stolen My worry is that maybe they were never imported into the country and maybe there is somebody who is determined to sabotage the system. We should only blame INEC if these machines were stolen when they were in the custody of INEC but that has not happened yet. By law that is the procedure. We are still dealing with the contractor, Nigerian Aviation Handling Company and the security agencies at the Airport. I will never blame INEC for this. If the report that those machines were stolen at the airport is correct, even if there is a lapse, the contractor is to blame. The Speaker: Perhaps, we may await the conclusion of investigation before we can actually determine the way forward. Some hon. Members: Yes. Hon. Mayor Chukwudi Eze (Orlu/Orsu/Oru East): Unfortunately, this is a national embarrassment that is already casting a very big question mark on the credibility of the next election. As Mr. Speaker said, it is too early for us to apportion blame and it is also too early to exonerate INEC because they imported the machines; they know those they told to clear the goods for them. The prayer of the Motion is explicit. Let us adopt the prayers so that Nigerians will see the House as intervening in this critical matter. Hon. Emmanuel Jime (Makurdi/Guma): Mr. Speaker would appear to have spoken what in my view is the proper direction that we should take on this matter. Given the penchant for what I believe the Media can do to sometimes paint stories out of context and make white really look black, I think that as a Parliament we need to be careful; we should not rush to a judgment on a matter such as this. Therefore, I will recommend most seriously that this matter be investigated. It is the only proper thing that we can do given the insufficiency of the information that is available to us at this point in time.

5 I will also recommend that a Committee of this House and indeed all relevant security agencies that have the responsibility for ensuring the safety of these 1961 specific items move quickly in action so that we can assure the rest of our countrymen that we are serious. Hon. Stanley Ohajuruka (Umuahia North/South Ikwunano): I align myself with the submission of Hon. Emmanuel Jime which is actually in line with the comments made by the Hon. Speaker that this matter is still at the investigative stage so that we do not predict the outcome of this exercise. We are now in a computer age. Therefore, we need to avoid a situation where we have acquired immune election rigging virus. We should bear in mind that in this age of computer technology, anything can happen. People may use this opportunity to hack into some software that are already embedded in these computer systems. I think the security agencies need to do a good job at this junction. The Speaker: Deputy Chairman of the Committee on Internal Security, you have the Floor. Hon. Juliet Akano (Nkwerre/ Isu/Nwangele/Njaba): Mr. Speaker, I will speak on the demerits of this Motion in the sense that this Motion was moved on the basis of reports in some of the dailies today. The fact is that INEC has not reported stolen machines. Zinox is one of the companies that were awarded contracts to import Direct Data Capture machines. There is a deed of contract agreement that says they must deliver to INEC. It is only when INEC informs fellow citizens of this great nation that their machines are missing that this Motion becomes necessary but I as I speak, INEC has not officially reported to this nation that their machines are missing. It is the contractor that is responsible for goods stolen while in transit. It these DDC machines are really missing, the contractor cannot tell us that INEC is liable for the loss since INEC has not taken custody of them. On this basis, I am saying that this Motion is coming too early so that businessmen do not play into the purse of the Federal Government. The Speaker: Hon. Rabe Nasir, Chairman of the Committee on Financial Crimes, you have the Floor. Hon. Rabe Nasir (Bindawa/Mani): Thank you, Mr. Speaker. Unlike what my Colleagues, Hon. Juliet Akano said, this Motion was brought at the nick of time and it is very relevant. It is so serious that a thing like this, which forms part of our electoral credibility 1962 and which is facing this monumental challenge should be discussed by this honourable House. However, we should not start apportioning blame since the first prayer of this Motion seems to have addressed all that we need to do now. We should focus our attention on the first prayer whether or not there should be collaborative effort by all the stakeholders in this matter to investigate and report the matter. However, as I said, we should not also attempt to blow the incident out of proportion because I understand that these machines are 132,000 in number. What is said to have been stolen is 6,000 out of the 14,000 that had already arrived this country. I know that there are many people whose interest this will serve so that election should not take place in this country. I can see some shred of sabotage even from within but the investigation will reveal that. What is very clear for now is the simple fact that the theft of 6,000 of these machines out of 132,000 should not be the basis for any loss of credibility or confidence in the next forthcoming election in this country and INEC should not be discouraged. While this matter is being investigated, INEC should go ahead and try to acquire the remaining equipment that are yet to be imported into this country. With respect to the suggestion by the mover of this Motion as to whether or not we need to appropriate some funds to make up for the loss of these machines, I am drawing the attention of INEC that because of the euphoria associated with the passing of the budget of INEC we overlooked one very important thing and we allocated to them N5 billion for the purpose of reviewing Voters Register. As a matter of fact, we do not have any Voters Register to review. What we have given them this money for is for is to register fresh voters. Therefore, they do not need that money and should not touch it. The question of giving them any money does not even arise. What normally could arise is possible virement. The Speaker: Thank you very much. I am going to put the question now but in doing so, let us take Hon. Christopher Eta s Amendment. 5

6 Hon. Christopher Eta (Boki/Ikom): Mr. Speaker, my Amendment is the inclusion of the Committees on Aviation, Electoral Matters, Customs, National Security and Police to look into the matter and report to the House within one week Hon. Daniel G. Reyenieju (Warri North/Warri South/Warri West): Mr. Speaker, I rise to second the Motion ably moved by my Friend, Hon. Christopher Eta. Amendment put and agreed to. Hon. Mohammed Sani Takori (Gummi/ Bukkuyum): Mr. Speaker, I am proposing an Amendment that the Committee on Justice be included in this Joint Committee. Hon. Henry Shawulu (Jalingo/Yorro/Zing): Mr. Speaker, I rise to second the Amendment proposed by my Friend Hon. Mohammed Takori. Question put and negatived. Main question as amended put and agreed to. The House: Shocked at the reported theft of some units of the imported first batch of the Direct Data Capture Machines ordered by the Independent National Electoral Commission (INEC) for the 2011 General Elections at the Nigeria Aviation Handling Company at the Murtala Mohammed International Airport, Lagos; Surprised that this alleged theft of the machines could be contemplated by any person or group of persons at a time the expectations of Nigerians for a free, fair, transparent and indeed credible election are at their crescendo; Disappointed that even as Nigerians are pondering over the loss, there seems to be no agreement or definite confirmation of the exact number of units of the Direct Data Capture Machines that have been lost at the Airport in Lagos; Conscious of the grave implications of the theft of the machines on the new face of the Independent National Electoral Commission as that which would not accommodate tendencies which could mar its credibility with doubts as to its mission to deliver to Nigerians a free and fair election. 6 Believing that the Airport incident is an eye-opener to INEC on the possibilities of man and indeed a litmus test on its preparedness to protect its integrity built on public trust of its leadership; Resolved to: 1964 (i) call on the Nigeria Police Force, the State Security Services, the Customs Services and Zinox Technologies to commence immediate and intensive collaborative investigation into the incident with a view to recovering the alleged stolen machines; (ii) Mandate the Joint Committee on Aviation, Electoral Matters, Customs Services, National Security and Intelligence and Police Affairs to, as a matter of utmost urgency, immediately enquire into the veracity or otherwise of the theft, the total units stolen and report to the House within one week. The Speaker: There is a Point of Order being raised by Hon. Abdul Ningi. Hon. Abdul Ningi (Ningi/Warji): My Point of Order is hinged on Order VIII Rule 5 of our Standing Orders. With the leave of the House, I read: Personal Explanation By the indulgence of the House and the leave of the Speaker, a Member may make a Personal Explanation although there may be no question before the House but no controversial matter may be brought forward nor may debate arise upon the explanation. The Speaker: Go ahead, Hon. Ningi. Hon. Abdul Ningi: Mr. Speaker, recently we appointed a Committee of this House to meet with the Governor of the Central Bank on the purported 25 per cent Overhead. The Committee met in a live telecast. In my personal opinion, that Committee did an excellent job. They had brought about facts and figures which clearly debunks the assertion made by the CBN Governor. Whether he accepts or not the facts were laid bare and the figures the CBN Governor has been standing on are not the correct figures that that particular meeting arrived at. I thought that as a House, when you set up a Committee to do a particular job and they did an excellent job in the manner they did without rancour, in

7 a very subtle manner, I believe that the House should go ahead and commend the Committee because they have represented this institution and these facts were very clear. Whether the media agrees to it or not, that is by the way Of equal importance is that a section of the Media once told us that the problem of this country was late Musa Yar Adua. Six months after he died whether the problem has persisted or not should be left to posterity. The Speaker: My dear Leader, first, the rule did say that no controversial matter shall be taken but the matter was actually controversial. That was why the Committee was set up. Secondly, may be we should wait for that Committee to present its Report to the House after which the House will consider and adopt it or otherwise before we make our commendations. PRESENTATION OF BILL 2010 Appropriation Act (2 nd Amendment) Bill, Appropriation Act (2 nd Amendment) Bill, 2010 read the First Time. PRESENTATION OF REPORTS Report of the Committee on Ethics and Privileges on the Letters from Hon. Austin Nwachukwu and Hon. Gbenga Oduwaiye requesting for the lifting of their Suspension The Speaker: The next Business of the Day is the presentation of the Report of the Committee on Ethics and Privileges on the Letters from Hon. Austin Nwachukwu and Hon. Gbenga Oduwaiye requesting for the lifting of their Suspension standing in the name of Hon. Sani Saleh Minjibir. Hon. Minjibir is invited to present the reports. Hon. Sani Saleh Minjibir: Mr. Speaker, I rise to move that this House do receive the Report of the Committee on Ethics and Privileges on the Letter Requesting for the Lifting of the Suspension of Hon. Austin Nwachukwu. With your kind permission, may I also move that this House do receive the Report of the Committee on Ethics and Privileges on the Petition by Hon. Gbenga 7 Oduwaiye on his Suspension by this honourable House. Hon. Mohammed Ali Wudil (Wudil/Garko): Mr. Speaker, I hereby second the Motion ably moved by Sani Saleh Minjibir (Reports laid on the Table) Hon. Ita Enang: Mr. Speaker, it does appear that my brother, Hon. Sani Saleh Minjibir has moved for the presentation of the two Reports. Given the character of the Reports and the kind heart of Members and the request from a great number of Members, I prayer that we consider these two reports and adopt the recommendations when we go into the Committee of Whole. We are producing the recommendations in a moment for all. Hon. Hassan Shekarau (Birnin Gwari/Giwa): Mr. Speaker, I rise to second the Motion as ably moved by Hon. Ita Enang. ORDERS OF THE DAY CONSIDERATION OF REPORTS Report of the Committee on Marine Transport on the Chartered Institute of Shipping of Nigeria (Establishment) Bill, 2009 The Speaker: The first Order of the Day is the resumption of consideration of the Report of the Committee on Marine Transport on a Bill for an Act to Establish the Chartered Institute of Shipping of Nigeria and to regulate the Profession of Shipping and for Related Matters, Hon. Members would recall that on Tuesday, the 23rd of November, 2010 the House in the Committee of the Whole approved Clauses 1 and 2 of the Report. I now call on the Leader to move for the resumption of consideration of the Report. Tunde Akogun (Akoko-Edo): I rise to move for the resumption of the consideration of a Bill for an Act to Establish the Chartered Institute of Shipping of Nigeria and to Regulate the Profession of Shipping and for Related Matters 2009.

8 Hon. Baba Shehu Agaie (Agaie/Lapai): I rise to second the Motion ably moved by the Leader. Solemnization of Same and for Other Matters Connected Therewith Resolved: That this House do resume the consideration of the Report of the Committee on Marine Transport on a Bill for an Act to Establish the Chartered Institute of Shipping of Nigeria and to Regulate the Profession of Shipping and for Related Matters Report of the Joint Committee on Human Rights, Women Affairs and Justice on Solemnisation of Marriage between Persons of Same Gender (Prohibition) Bill, 2010 The Speaker: My dear Colleagues, the next Order of the Day is the consideration of the Report of the Joint Committee on Human Rights, Women Affairs and Justice on a Bill for an Act to Prohibit Marriage between Persons of Same Gender, Solemnization of Same and for Other Related Matters. Hon. Beni Lar, where are you? Is the Deputy Chairman or any Member of that Committee here? (No response) Hon. Colleagues, we have to consider this Bill one day or the other; we have been skipping it for a while. Chairman of the Committee on Rules and Business please? Hon. Ita Enang: Mr. Speaker, this Report is ready and it has been circulated and we have more copies to circulate. I seek the leave of the House and move that this House do consider the Report of the Joint Committee on Human Rights, Women Affairs and Justice on a Bill for an Act to Prohibit Marriage between Persons of Same Gender, Solemnization of Same and for Other Matters Connected Therewith. Hon. Ekperipke Ekpo (Abak/Etim Ekpo/Ita): I do second the Motion as moved by Hon. Ita Enang. Resolved: That this House do consider the Report of the Joint Committee on Human Rights, Women Affairs and Justice on a Bill for an Act to Prohibit Marriage between Persons of Same Gender, Report of the Committee on Governmental Affairs on the State of the Nation Address by the President and Enshrining an Annual State of the Nation Address in the Lawsof the Federation of Nigeria 2009 The Speaker: The next Order of the Day is the consideration of the Report of the Committee on Government Affairs on a Bill 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. Hon. Leo Ogor, you have the Floor. Hon. Leonard Okuweh Ogor (Isoko North/Isoko South): May I with due humility move that this House do consider the Report of the Committee on Governmental Affairs on a Bill 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. Ifaluyi Isibor (Egor Ikpoba Okha): I rise to second the Motion moved by the Chairman of the Committee on Governmental Affairs, Hon. Leo Okuweh Ogor. Resolved: 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. Report of the Joint Committee on Women Affairs and Justice on the Family Economic Advancement Programme Act (Amendment) Bill and the Family Support Trust Fund Act (Repeal) Bill, 2009

9 The Speaker: Hon. Chukwu has a Report of the Joint Committee on Women Affairs and Justice on a Bill for an Act to Amend the Family Economic Advancement Programme and to Repeal the Family 1969 Support Trust Fund Act to Streamline the Organs Created by these Acts and Other Related Matters. Hon. Binta Masi Garba Chukwu please? Hon. Binta Masi Garba (Madagali/Michika): Mr. Speaker, I beg to defer the consideration of this Report because as we are aware for the past three days, we have been having problem with the report. The Speaker: Do you want us to stand it down? Hon. Binta Masi Garba: Yes. The Speaker: It is all right. We shall stand it down. Report with the leave of the House stood down. Hon. Tunde Akogun: Hon. Speaker, I move that the House do resolve into Committee of the Whole to consider these Reports. Hon. Friday Itulah (Esan North East/South East): I rise to second the Motion as moved by the Leader that the House do resolve into Committee of the Whole to consider these reports. Resolved: That the House do resolve into Committee of the Whole to consider these Reports. (The Deputy Speaker in the Chair) Report of the Committee on Marine Transport on a Bill for an Act to Establish the Chartered Institute of Shipping of Nigeria and to Regulate the Profession of Shipping and for Related Matters, 2009 (HB. 207) - CONSIDERED IN THE COMMITTEE OF WHOLE. The Chairman: Hon. Colleagues, the first Report we are considering is the Report of the Committee on Marine Transport on a Bill for an Act to Establish the Chartered Institute of Shipping of Nigeria and to Regulate the Profession of Shipping and for Related Matters. We are resuming consideration. We have finished with Clauses 1 and 2. We are therefore starting from Clause 3. Clause 3 - (QUALIFICATION AND MEMBERSHIP OF THE INSTITUTE) ordered to stand part of the Bill Clause 4 (OFFICERS OF THE CHARTERED INSTITUTE) - ordered to stand part of the Bill. Clause 5 (CEASURE TO BE A MEMBER) ordered to stand part of the Bill. Clause 6 (COUNCIL OF THE INSTITUTE) Hon. Tsegba Terngu (Gboko/Tarka): Mr. Chairman, I am sorry; the printout of this report is very small and we have to take time to go through it. We are setting up an institute to regulate the business of shipping, which is a private sector initiative and we have been trying to divest government from most of these businesses these days. That is why even government on its own has embarked on privatisation. I wonder what the Federal Ministry of Education is doing in Chartered Institute of Shipping. What is the role of Ministry of Education in this sector? This is a private sector initiative. Why do we seek to have Ministry of Education? (Hon Tsegba Terngu confers with some of his Colleagues) Mr. Chairman, I was saying that we are setting up a private institute to regulate the profession of shipping, that is, to regulate the professionals and here we are bringing in Federal Ministry of Transport and Education. We have similar institutes today that regulate the practice in their various fields without bringing in Federal Ministries to sit on the board of such institutes. I am wondering why we have Federal Ministry of Education here; I think we should delete it. ANNOUNCEMENT Visit of Major General H.H. Michael and Members of his Family and Eight Others The Chairman: Hon. Colleagues, please permit me to make this announcement even though it is not supposed to be done here. 9

10 We have in the Gallery Major-General H. H. Michael, who is a Deputy Inspector-General of the United State Air Force. He and members of his family including his host, Mrs. Kelly Michael and eight others, are in Nigeria on purely private visit and they are here in the Gallery to witness our sitting today. May you, please, stand up for recognition? 1971 (Major General H.H. Michael and his family and eight others stood up for recognition) The Chairman: Hon. Tsergba is saying that there is no need to have a representative of the Ministry of Education there. Is there any opinion to the contrary? Hon. Labaran Dambatta (Dambatta/Makoda): Mr. Chairman, whenever we have an institute the Ministry of Education is usually represented so that in the event that they have to set an examination they will really offer their advice in that field. That is why you often have Ministry of Education represented in most of the institutes that are set up. Hon. Ifaluyi Isibor: I think having a representative of the Federal Ministry of Education is in order but the only issue I have here is Clause 6(2)(d) where we have fourteen (14) persons elected by the Institute, who shall be fellow members or associate members in practice as chartered shipping practitioners. Clause 6(2)(b) deleted. Hon. Isibor Ifaluyi (Egor/Ikpoba/Okha): Mr. Chairman, we are looking at Clause 6(2)(d). It says: The Council shall consist of a Chairman and Vice- Chairman who shall be the President and Vice President of the Institute and a total of twenty-one other persons comprising of (d) fourteen persons elected by the Institute who shall be fellow members or associate members in practice as chartered shipping practitioners. It is too wieldy. It is too much to manage under an institute that is going to regulate. At best they should not be more than ten in number. Ten will be all right as they are the same members or fellows of the same institute. Rather than having fourteen of them we can make do with ten at most. Hon. Ita Enang: I do second the Amendment as moved. Amendment put and agreed to. Clause 6 (COUNCIL OF THE INSTITUTE) as amended ordered to stand part of the Bill. Clause 7 (POWER OF THE COUNCIL) The Chairman: We have not finished with that of Education; let us finish with it. Hon. Isibor Ifaluyi: It is all right, Sir. Hon. Ita Enang: First, I want to say that where we have representatives of ministries we should simply say ministry responsible for. There was a time we did not have Ministry of Transport. So we should simply say Ministry responsible for this or that. Again, I have not seen what the Ministry of Education have to do here in a Chartered Institute of Transport. I am praying that we should delete it. The Chairman: I will put the question that we delete Clause 6(2)(b). Amendment put and agreed to. 10 Question proposed. Hon. Muhammad Sani Abdu: (Alkaleri/Kirfi): Mr. Chairman, Section 7(1) of the Principal Act, Powers of the Council, it says: The Council shall have power to do anything, which in its opinion is calculated to facilitate the carrying on of the activities of the Institute under the Act. I want you to look at the intendment, which is anything that will enhance but if you look at the Amendment, it says: The Council shall have power to carry out any such other acts as are conducive to the discharge of the activities of the Institute under this Bill. Being conducive is just an atmosphere; it does not necessarily add value to enhance or facilitate as in the Principal Act. Therefore, I want the Committee to tell

11 us why it has recommended this change in reducing the enhancement or adding value. We should correct this it to read: The Council shall have power to carry out such other acts that can facilitate or enhance the discharge of the activities of the Institute In the alternative, we can amend it to read that are amenable to enhancing the discharge of the activities of the Institute under this Act. Any of these two corrections will really convey the intendment of the principal Act. The Chairman: Propose one because you cannot propose two. Hon. Muhammad Sani Abdu: I would like to amend Clause 7(1) to read thus: The Council shall have power to carry out any such other act that is amenable to enhancing the discharge of the activities of the Institute under this Act. Hon. Labaran Y. Dambatta (Dambatta/Makoda): I so second that Amendment but with a slight correction so that it will read as follows: The Council shall have power to carry out any such other acts that are amenable to enhancing the discharge of the activities of the Institute under this Act. The words such other act that is amendable has been amended to read: such other acts that are amenable. Amendment put and negatived. The Chairman: So, we will retain what is in the Committee s recommendation. Clause 7(1) retained. Hon. Leonard O. Ogor: Mr. Chairman, let us look at Section 7(3) which says: Regulations made by the Minister on the recommendation of the Council may provide for the increase or reduction in the membership of the Council and may make such amendment as are deemed necessary in relation to the powers of the Council and tenure of office of members of the Council. I am a bit worried whereby in a law that has been passed by Parliament we would indirectly be giving power to the same Council to be able to regulate what we have passed and I think this is quite dangerous I would therefore urge my Colleagues that we delete this particular provision. Since this particular provision dealing with Tenure and Members have already been clearly stated in the Act, it will be very dangerous for us to now give the powers to the Minister in connivance with the Council to be able to reduce members and at the same time regulate the tenure. Hon. Ita Enang: Mr. Chairman, the provisions of this Section actually give the Minister powers to repeal and amend the provisions of this Act if he so wishes. It is too wide and unreasonable. I therefore wish to propose amendment as follows: The Minister may make regulations in accordance with the powers granted under this Act for the purpose of carrying out the intendment of this Act. That means the Minister does not have the powers to do as it is stated here but just to carry out the intendment of this Act in the ordinary powers that are granted to make regulations. The Chairman: Hon. Leo Ogor has moved a Motion for the deletion of the entire section and I was asking for a seconder and you just decided to reframe it. Both of you may be correct but the intendment is the same. You do not want to give the Minister those powers. Hon. Ita Enang: Yes, Mr. Chairman. The Chairman: Now instead of deleting it you are saying we can amend it to give him some powers. Hon. Tsegba Terngu: The intendment in this paragraph is that the Minister can alter the list of Council members as he deems fit but what Hon. Leo Ogor is saying is that there is a provision specifically for the appointment of Council members in the Bill, which we have passed. 11

12 So it is not possible for the Minister under regulation to change that. There is no need to even provide for that. So, I second that we should delete this provision Amendment put and agreed to. Clause 7(3) deleted. Clause 7 (POWER OF THE COUNCIL) - as amended ordered to stand part of the Bill. Clause 8 (FUND OF THE INSTITUTE) ordered to stand part of the Bill. Clause 9 (ACCOUNTS ETC. OF THE INSTITUTE) ordered to stand part of the Bill. PART IV THE REGISTRAR AND THE REGISTER Clause 10 (APPOINTMENT OF REGISTRAR, ETC. AND PREPARATION OF THE REGISTER) ordered to stand part of the Bill. Clause 11 (DUTIES OF THE REGISTRAR) - ordered to stand part of the Bill. Clause 12 (PUBLICATION OF REGISTER AND LIST OF CORRECTIONS) - ordered to stand part of the Bill. PART V REGISTRATION Clause 13 (REGISTRATION OF MEMBERS) - ordered to stand part of the Bill. Clause 14 (APPROVAL TO NIS AND OTHERS) - ordered to stand part of the Bill. Clause 15 (SUPERVISION OF INSTRUCTIONS AND EXAMINATIONS LEADING TO APPROVAL QUALIFICATION) - ordered to stand part of the Bill. PART VI PROFESSIONAL DISCIPLINE Clause 16 (ESTABLISHMENT OF DISCIPLINARY TRIBUNAL AND INVESTIGATING PANEL) - ordered to stand part of the Bill. Clause 17 (PENALTIES FOR UNPROFESSIONAL CONDUCT, ETC.) PART VII - MISCELLANEOUS AND GENERAL Clause 18 APPLICATION OF THIS BILL TO UN-ENROLLED AND UNREGISTERED PERSONS) - ordered to stand part of the Bill Clause 19 (WHEN A PERSON IS DEEMED TO PRACTICE AS A MEMBER) - ordered to stand part of the Bill. Clause 20 (RULES AS TO PRACTICE) - ordered to stand part of the Bill. Clause 21 (PROVISION OF LIBRARY FACILITIES, ETC.) - ordered to stand part of the Bill. Clause 22 (OFFENCES) - ordered to stand part of the Bill. Clause 23 (REGULATIONS AND RULES) - ordered to stand part of the Bill. Citation (THIS ACT MAY BE CITED AS THE CHARTERED INSTITUTE OF SHIPPING OF NIGERIA BILL, agreed to. Supplementary Provisions relating to the Council - agreed to. Second Schedule agreed to. Third Schedule agreed to. Long Title (A BILL FOR AN ACT TO ESTABLISH THE CHARTERED INSTITUTE OF SHIPPING OF NIGERIA AND TO REGULATE THE PROFESSION OF SHIPPING AND FOR RELATED MATTERS, 2010) - agreed to. Report of the Committee on Ethics and Privileges on the Letter from Hon. Austin Nwachukwu requesting for the Lifting of his Suspension CONSIDERED IN THE COMMITTEE OF THE WHOLE. The Chairman: Hon. Ita Enang, what is the Amendment on the Order Paper in respect of this Report of Hon. Sani Saleh Minjibir? 12

13 Hon. Ita Enang: We just want to take the recommendations of the Committee that the hon. Members will just apologise to the House. The Chairman: What is the recommendation? Hon. Ita Enang: It is in that report. The recommendation is that the two hon. Members do apologise to the House in Plenary. The Chairman: Who and who? 1977 Hon. Ita Enang: Hon. Austin Nwachukwu and Hon. Gbenga Oduwaiye do apologise to the House in Plenary; that is just the recommendations. Hon. Halims O. Agoda: The recommendations in respect of Hon. Austin Nwachukwu are two. You have Recommendation (i) and Recommendation (ii) which the Chairman of the Committee on Rules and Business is talking about. Recommendation (i) is that Hon. Austin Nwachukwu do cause to be published an unreserved apology to the House for bringing the House to disrepute in one national daily newspaper within seven days of his Resolution. The Chairman: Hon. Nwachukwu has done that. Hon. Halims O. Agoda: Yes. In my opinion, our Friend and Brother had earlier been in Court before and realising the importance, respect and dignity for this Chamber he withdrew his matter from the Court. That in itself is a measure of respect to this Chamber. Therefore, I urge this honourable House to delete item (i) and let item (ii) be the only recommendation. The Chairman: What is item (ii)? Hon. Halims O. Agoda: With the permission of Mr. Chairman, I read: Prayer (i) above should be deleted to read as follows: Hon. Nwachukwu should apologise to the entire House at Plenary. The Chairman: Has he not done that before? Hon. Abdul Ningi: This is because he has not been admitted yet The Chairman: Hon. Colleagues, when we readmitted the two hon. Members on the Floor they were not asked to apologise and Hon. Austin Nwachukwu has apologised in a TV programme televised live and on the pages of newspapers. No other suspended Member has done that. He is the only Member among those that were suspended that did that. I think we can honourably as a House allow Hon. Austin Nwachukwu in. Hon. Tsegba Terngu: Mr. Chairman, for the purpose of our Votes and Proceedings, if you look at 2.08, the Committee has admitted that Hon. Austin Nwachukwu actually apologised for his action. Therefore, the recommendation for the purpose of our Votes and Proceedings should be clear that the House, in the Committee of the Whole, approved that Hon. Austin be recalled and readmitted so that he can be in a position to resume Plenary at the next Legislative Day, that is, on Tuesday next week. The prayer should be very explicit. Hon Muhammad Sani Abdu (Alkaler/Kirfi): Mr. Chairman, I stand to second the Motion ably moved in regard to the recall of our Brother and Colleague, Hon. Austin Nwachukwu by Hon. Tsegba Terngu. That in addition to (i) above that Hon. Austin Nwachukwu should apologise to the entire House at Plenary. That should be deleted. Hon. Abdul Ningi: Hon. Halims Agoda is correct. If you recall a month back in an interview that I read, Hon. Austin Nwachukwu actually apologised for his behaviour. I think Prayer (i) should be deleted while Prayer (ii) should be retained. 13 Resolved: That the House do lift the suspension of Hon. Austin Nwachukwu and approve his recall and readmission and to resume on Tuesday, 14 th December, Report of the Committee on Ethics and Privileges on the Letter from Hon. Gbenga Oduwaiye requesting for the lifting of his Suspension CONSIDERED IN THE COMMITTEE OF THE WHOLE.

14 The Chairman: Gbenga Oduwaiye. The Next Report is on Hon. Hon Sani Sale Minjibir: Mr. Chairman, hon. Colleagues, in the case of Hon. Gbenga Oduwaiye, it is the same recommendation that he be readmitted to the House and according to the Committee he should render an unreserved apology to the entire House at Plenary. signatory to any of their advertorials or interviews. Indeed, I did not attend any of the activities of the group. So one will begin to wonder how his name was included in the list. Unless this contention is controverted we should ask Hon. Gbenga Oduwaiye to come in and be a normal Member like any other Member unconditionally I need to make certain clarifications concerning the case of Hon. Gbenga Oduwaiye in the sense that in the Petition he wrote to the Committee he unequivocally asserted that he is not a Member of any Progressive minded Legislators Forum and that he did not at any time partake in any activity of the said Progressiveminded legislators and on the day that the fracas happened he was not even in the Chamber. As such, I have no hesitation in recommending that he be immediately readmitted to the House as if nothing had happened. The Chairman: The Chairman of the Committee said that Hon. Gbenga Oduwaiye was not in the Chamber on that day. Hon. Sani Sale Minjibir: Hon. Oduwaiye was not forced out of the Chamber. The Chairman: Hon. Oduwaiye, in his submission, said that he was not a Member of any of the pressure groups that were formed in the House Hon. Joyce Overah (Okpe/Sapele/Oviwie): I would want to be on all fours with Hon. Ningi, my Leader, that on that fateful day, Hon. Oduwaiye was not here on the Floor of the House. He sat here briefly and left. With this brief submission he had made to fellow Members it is only fair that we readmit him without any conditions attached and all privileges be given back to him. The Chairman: Which privileges are you talking about? (Laughter) The Chairman: We are just to re-admit Hon. Gbenga Oduwaiye. He was in the Chamber on that day but he was not forced out; he acted like a gentleman on that day. I will now put the question that the House do recall and re-admit Hon. Gbenga Oduwaiye into the House. They have two different cases. In the case of Hon. Austin everybody knows what happened on the Floor of this House but in the case of Hon. Gbenga Oduwaiye, nobody can say exactly that this is what Hon. Gbenga did on that day. Moreover as soon as this incident happened he left the Chamber. Hon. Abdul Ningi: We could not recollect vividly what happened that Gbenga s name was actually included. Let me say in particular from his report to the Committee on Ethnics and Privilege. He said: For the avoidance of doubt I wish to state the following facts which can be verified by Media reports and audio-visual recordings that I am not a Member of the group known as Progressive Minded Legislators. I did not attend any of the Press conferences of the group. I did not visit the EFCC with them nor was I a 14 Resolved: That the House do lift the suspension of Hon. Gbenga Oduwaiye and approve his recall and readmission and to resume on Tuesday, 14 th December, By this resolution, Hon. Gbenga Oduwaiye is hereby recalled and readmitted into the House, as if nothing happened. He should report to the House on Tuesday next week by a.m. 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 (HB 187) 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 (SB 57) CONSIDERED IN THE COMMITTEE OF THE WHOLE HOUSE.

15 The Chairman: The next Report is on a Bill for an Act to Make Provision for the State of the Nation Address by the President and Other Connected Matters 2009 (HB 187) 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 (SB 57) Clause 1 (STATE OF THE NATION ADDRESS) Question proposed. Hon. Ahmed Aliyu Wadada: Mr. Chairman. I have never been given this Report in question and I am not the only person. At the moment quite a number of us in the Chamber do not have this Report. I am wondering how we are going to consider a Report that a greater percentage of the Members are not in possession of. The Chairman: Wadada. Thank you very much, Hon. (A copy of the Report is made available to the hon. Member) Hon. Ahmed Aliyu Wadada: I have just been given one, Mr. Chairman. The Chairman: You would recall that we are taking this Bill for the third time now on the Floor. First, it was considered and we adjourned consideration. We then took it for the second time and it was adjourned. This is the third time. Hon. Ahmed Aliyu Wadada: It is all right, Sir. The Chairman: The next report we are considering is a Bill for an Act to Make Provision for the State of the Nation Address by the President and Other Connected Matters The Bills are the same but it is just that every Member wants to have his name on them. Hon. Leonard O. Ogor: Mr. Chairman, one of the Bills is from the Senate. It was actually a Bill that was moved by the Deputy Senate President. The other Bill is from a Member of this House. So, you gave us the opportunity and privilege of harmonising the two Bills. Clause 1 (STATE OF THE NATION ADDRESS) ordered to stand part of the Bill. Clause 2 (CONTENT OF STATE OF THE NATION ADDRESS) ordered to stand part of the Bill Clause 3 (NON-DELEGATION OF RESPONSIBILITY) ordered to stand part of the Bill. Hon. Ita Enang: Mr. Chairman, the matter I want to raise is Clause 3 dealing with non-delegation of responsibility. It says: The President shall not delegate his responsibilities under this Act to any subordinate or aide. Let us recall our recent experience where we had to give interpretation to the Constitution to allow Appropriation Act to be laid. I pray that this Section be deleted. This is because we do not know where we will fall into. You cannot say that the President cannot delegate his responsibilities. We can say save on health grounds. If you say that the President must give the Annual State of the National Address and you are now saying that he cannot delegate his responsibilities, what will happen in the event of a challenge like we had under the 2010 Appropriation? The Chairman: It is all right. Hon. Colleagues, the issue is that the President as per this recommendation cannot delegate; he has to come by himself. Now, Hon. Ita Enang, is proposing that we should allow the President to delegate. Some hon. Members: No! The Chairman: The problem with that, Hon. Ita Enang, is that even if he is all right and in good condition, he will just decide to delegate somebody; that is the problem. Unlike the Budget, this has no specific time. 15