By:Enyinnaya Appolos
The hallowed Chambers of the Senate was nearly desecrated yesterday as the orderliness and show of maturity it has maintained in the past 14 years was almost thrown to the gutters, when one Senator Kadir Garba Marafa from Zamfara state, attempted to blow Senator Paulinus Igwe from Ebonyi State.
But for the maturity exhibited by Igwe who refused to engaged Marafa, but rather stepped away from the scene, and also the intervention of other senators who prevented Marafa from sending his blows at Igwe, it would have been a fisticuffs, a repeat of what happened in the House of Representatives under the embattled former Speaker, Dimeji Bankole, when Dino Malaye and others engaged themselves in a free-for-all.
Marafa's problem began when Senator Bashir Garba Mohammed from Kano State raised a point of order, informing the Senate of plans by Governor Abdulaziz Yari of Zamfara State to arm vigilante groups he has formed in the state with ammunitions, a plan considered to be working against the effort of government to reduce bearing of arms by civilian group in the troubled north where Islamic terrorists group, Boko haram, has been operating, killing people and destroying properties.
Bashiru, who asked for the permission of the Senate President, Senator David Mark, who presided over the proceedings of the Upper House to present the matter as a motion today in the floor of the senate, was granted the prayer.
Angry Marafa didn't know what to do as Bashiru was already going from one senator's seat to another, canvassing support for the motion, got an opportunity to vent his spleen when the Senators went into a brief general consultations when they couldn't reach an agreement to adjourn the debate on the proposed amendment forwarded to it by president Goodluck Jonathan on the state of the nation address bill.
Senators Igwe, Bashiru and other of their colleagues were standing in a group discussion, may be Bashiru was soliciting for more support especially with Igwe who is the Senate Committee chairman on Police Affairs, when Marafa, who was already trying to defend his governor on the plans, joined them expressing his anger why a senator from Kano should come to the senate with such a motion against his governor.
Suspecting altercations between the lawmakers in the group, Marafa raised a blow against Igwe who dodged the blow and immediately walked away from the scene. Other effort by Marafa to get his blows at Igwe was frustrated by other Senators who were standing with him.
Responding to the undistinguished attitude of Marafa, the Senate President said: "In the past 14 years, this is the first time senators were trying to pull blows. It has not reach a state he where people will pullout blows. We are Distinguished Senators and elder statesmen. We can do all the talking but we should never resort to boxing."
The senate immediately adjourned sitting.
Addressing Senate Press corps on the ugly development, the Chairman, Senate Committee on Media and Publicity, Senator Enyinnaya Abaribe, who described the near fisticuffs as a heightened emotion said: "what happened has nothing to do with the debate on the state of the nation address over the President's proposal for amendment. It was personal altercation between the two Senators. The Senator from Zamfara was angry that a senator from another state was bringing a motion against his state and governor in the senate. It was a heightened emotion and obviously has nothing to do with our debate on the President's proposal to the state of the nation address bill, which the senate has passed and sent to the president for his assent."
Meanwhile, Sentiments were high as Senators across party and interest lines, were divided over President Jonathan's proposed amendment of the state of the nation address bill.
While some senators were of the view that the senate should override the President by vetoing his power so that already passed state of the nation address bill becomes a law, others were of the view that overriding the president was not the right thing to do, especially when the 30 days constitutional provision for the President to assent to the bill has passed before the senate got into deliberation of President's letter to the Senate President, seeking an amendment to the bill.
The president in a letter addressed to the Senate President on the bill said: "I have examined the bill and the objectives for which it is being proposed and wish to draw your kind attention to section 67 of the Constitution of the Federal Republic of Nigeria 1999 which provides that 'the President may attend any joint meeting of the National Assembly or any meeting of either House of the National Assembly, either to deliver an address on national affairs including fiscal measures, or to make such a statement on policy of government as he considers to be national importance'.
"Your Excellency, in view of the expression provisions of section 67 above, I am of the considered opinion that the 1999 constitution has made ample provision for the kind of address contemplated by the bill.
"It would therefore amount to a duplication to enact legislation on the same subject matter. This is more so as the proposed legislation seeks to circumscribe the President's discretion regarding whether or not, he should attend the joint meeting of the National Assembly or of any or either House of National Assembly; the time to present the address; his determination of which policy of government is of national importance for the purpose of an address; in addition to the threat of the use of coercive powers in the event of non compliance. This is my humble view is inconsistent with the doctrine of separation of powers and the letter and spirit of the constitution.
"The foregoing notwithstanding, I am inclined to accede the bill subject to the incorporation of some fundamental amendments proposed to bring the bill in conformity with the dictates of the constitution, especially the discretion conferred on the president by section 67 of the constitution of the federal Republic of Nigeria 1999." Jonathan said in his letter.
It will be recalled that the bill as passed by the National Assembly and forwarded to the President for his assent compelled the president to appear in person, on the first week in July, that is at the beginning of the legislative year, to deliver a state of the nation address before the joint sitting of the National Assembly with the word 'shall' as against the constitutional provision which used 'may'.
The National Assembly is also forbidding the president from sending anyone to representing in deliver such address. It is also empowering itself to summon the president where he decides no to make the address.
But in his letter, the President , who has agreed to accede the bill, is proposing that some sections of the bill be redrafted as: "The state of the nation address shall be delivered to a joint sitting of the National Assembly within 30 days of the commencement of the legislative year."
Jonathan also wants further amendment to empower him to delegate the Vice President to deliver such address where he is not available or transmit the text of his address in such occasion to the Senate President or Speaker of the House of Representatives.
"Where for any reason the president is unable to present an address in accordance with section1 of this act, the president shall in writing inform the President of the Senate and the Speaker of the House of Representatives and either:
"Designate the Vice President to present the address on his behalf; or transmit to the President of the Senate and the Speaker of the House of Representatives, the text of the address." He proposed.
Senators were divided in the proposal and submission of President Jonathan in his letter.
On the issue of the Senate summoning the President where he is unable to present such address, Senator James Manager said; "The constitution nowhere didn't empower the National Assembly to summon the president of the federation. So also a state house of assembly cannot summon the governor."
On the issue of the President sending his Vice to present such address on his behalf, Senator Solomon Ewuga said;"The president cannot send the Vice President to stand in for him to silver the state of the nation address. Stressing that the President"
In his eloquent and elaborate contribution to the debate, Senator Ita Enang said; "the president has no constitutional right to proposed amendment to a bill after it has been passed by the National Assembly because he is not part of the legislature."
Ita Enang however stressed that the option is for the senate to decide whether to override the president or not. He however suggest that the National Assembly should approach the Supreme Court for a determination of whether the president or a governor can propose for an amendment to a bill after it had been pass and presented to him for assent.
However, the incompetence of the office of the Special Adviser to the President on National Assembly Matters, which is thenPresident liaison office to the National Assembly came to the fore, as it was observed during the debate that the inability of that office to make relevant observation and advise the president properly on the bill, before it was pass by the National Assembly and sent to the president for assent.
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