When elephants fight, so goes the adage, it is the grass that suffers. In the supremacy battle that our lawmakers are waging, Nigeria is the loser. The two legislative houses, the Senate and the House of Representatives seem hell bent on asserting their superiority, each over the other and while all this is happening, important things remain undone.
The latest manifestation of this battle took place yesterday and the 2010 budget address by President Umaru Musa Yar'adua had to be shelved. The argument this time centered on what location should be used for the President's joint address to the two houses. While the House of Representatives wanted the sitting to take place in their chambers, the Senate insisted that it be the other way round.
This is not the first time that an important state function has been jettisoned due to this squabble.
Earlier in the year, the two legislative chambers were scheduled to do a joint review of the constitution under the purview of the National Assembly Joint Committee on Constitution Review (JCCR), with a view to effecting amendments that are essential to the country.
The joint review didn't take place because the lawmakers were divided over what roles the Deputy Speaker, Usman Nafada and the Deputy Senate President, Ike Ekweremadu should play. The members of the House wanted Mr. Nafada, to serve as co-chair with Mr. Ekweremadu. The senators kicked against the demand, asking him to be the deputy chairman of the committee instead. This did not go down well with the Representatives who staged a walk out of the venue of the retreat. Since then, both committees have been carrying out the exercise separately.
What the constitution says
The 1999 Constitution gives equal powers to the two chambers to make laws for the good governance of the country, the same document, however, gives certain functions to the Senate which the House is denied. For instance, section 142 (2), 154 (1) (2) among others give the senate the powers to confirm ministerial and ambassadorial nominees submitted by the President. The chamber also confirms appointments to boards, commissions and other parastatals.
Also, age qualifications for election into both chambers vary. While Section 65 (1) of the constitution puts the qualifying age for senators at 35 years , that of the representatives is 30 years. The power to preside over joint sittings under Section 53 (1) of the constitition is conferred on the Senate President. It is only in his absence that the Speaker take charge.
There is nowhere in the constitution where it is stated that joint sittings of the chambers must hold in the House. However, in the last 10 years since the inauguration of the National Assembly, such sittings have been held in the House chamber. This is mainly because the House has a larger chamber and accommodates more people. It has more than 400 seats as against the Senate's 250. Throughout his eight years in office, former President Olusegun Obasanjo used the green chamber of the House to present budgets. Also, since he assumed office in 2007, President Yar'Adua has used the House chamber.
Finally, the salary and allowances of the senators and member of the House differ. According to the salaries and allowances approved by the Revenue Mobilisation Allocation and Fiscal Commission, a senator earns an annual basic salary of N2, 026, 400.00 while a member earns N1, 985,212.50 per annum. Even the salaries of the presiding officers differ. The Senate president earns an annual basic salary of N2, 484,242.50 while the Speaker takes N2, 477,110.00.
All of these things have served to give a perception that the Senate is the superior of the two chambers.
Not surprisingly, many have taken to referring to the Senate as the upper chamber, while the House is called the lower chamber. As if to underscore this, members of the House have always sought promotion to the senate. In 2007, about nine representatives moved to the Senate. Among them are Osita Izunaso (Imo), Patricia Akwashiki (Nasarawa), Garba Lado (Katsina), Joel Ikenya (Taraba), Caleb Zagi (Kaduna), Nkechi Nwogu (Abia), Suleiman Nazif (Bauchi) Yakubu Dantong (Plateau). No senator moved to the House.
Besides, in the Senate are former governors, ministers and ambassadors. The House does not have members of such status. But representatives have always insisted that their numerical strength puts them ahead of the senators. The senators are 109 while the House has 360 members.
Because of this strength, they have always had their way during joint voting on issues.
What lawyers say
The bickering has been described as ‘irritating' ‘petty' and ‘needless' by lawyers who say silly things are being allowed to interfere with important matters of governance.
Bamidele Aturu, a Lagos lawyer said he was "extremely saddened" by the situation. In an interview with NEXT Mr. Aturu said: "I have always said that the National Assembly is very idle. When people don't take their job seriously, then they resort to needless squabbles. Now, how will the world view Nigeria if they hear that the constitutional meeting of the National Assembly of receiving the budget was aborted as a result of argument over venues?" he asked rhetorically.
Commenting on the latest wrangle on which venue should be used for the joint address by the president, Ricky Tarfa, a senior advocate of Nigeria said: "I see it as what they can deliberate on and resolve, except there are other things to it than we know; I mean the venue issues. I have not been following the controversy but these are simply legislative matters. I am not sure that the constitution has spelt out venue for joint session, but instead of going to court for constitutional interpretation, they should just sit down and resolve it."
But for Mr. Aturu, the lawmakers' tendency to squabble is indicative of their journey into power. "We should not be surprised that people who were not voted into power are behaving like this. With due respect to a few of them that might have been genuinely elected, but generally, the process that produced the National Assembly member was one that was controlled by brigands. We should not be surprised that we are seeing strong-arm tactics and hooliganism at the chambers. But we should demand some decorum, some level of seriousness (from them)," he argued. He insisted the issue was a lesson Nigerians had to learn from.
"It teaches us that we need to be interested in politics, we need to ensure that our votes count, and we need to insist on electoral reforms," he concluded.


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