By Luka Binniyat

FOR politics, year 2010 may perhaps be the most significant since 1999 from the profound expected revolution in the Nigerian treacherous political landscape. And Nigeria, being a constitutional democracy, would almost completely depend on the two squabbling chambers of the National Assembly to effect the much desired changes.

However, scepticism keep rising if the Senate and the House of Representatives  can ever have a joint sitting to pass some very fundamental laws, some out of exigency, considering that the heads of the two chambers seem to have vowed never to see face to face since the issue of superiority  started in January, 2009.

Some members of the House are already in court asking for constitutional interpretation on whether the House is lower in status than the Senate. However, utterances (not actions) from the heads of the Senate and the Reps suggest that they would settle their differences in 2010 for the benefit of the country.

For the House, which prides itself as the “true representatives of the people”, the fundamental agenda for 2010 is already very clear. At a media briefing conference shortly before Christmas, the chairman, House Committee on Rules and Business, Hon. Ita Enang,  (PDP/Akwa Ibom) made it clear that electoral reforms and constitutional amendments, will take the front burner in 2010. Also oversight functions and the implementation of the 2010 budget would be another focus of the lawmakers.

Constitutional amendment: On April 30, 2009 President Umaru Yar’Adua, warming up to fulfil some of his presidential campaign promises, sent six bills to the National Assembly. They include a Bill for an Act to Amend the Independent National Electoral Commission (INEC) Act Cap 15 LFN 2004 and other Matters Connected Thereto. This is the Bill that has come to be known as the “Electoral Reform Bill”.

There are also a Bill for an Act to Alter Provisions of the Constitution of the Federal Republic of Nigeria 1999 and for other Matters Connected Thereto (Second Amendment), and a Bill for an Act to Establish the Electoral Offences Commission and for other Matters Connected Therewith. The others are: a Bill for an Act to Establish the Centre for Democratic Studies and other Related Matters; an Act to Further Amend the Police Act 1967 CAP P19 2004 LFN and for other Matters Connected Therewith; a Bill for an Act to Establish the Political Parties Registration and Regulatory Commission and for other Matters Connected Th
ereto.

Later on, the president sent the seventh bill titled, a Bill for an Act to Alter Provisions of the Constitution of the Federal Republic of Nigeria 1999 and for other Matters Connected Thereto (Third amendment). Procedure amendment in place. In August 2009, the House, in a motion sponsored by Enang  said that since there was no clear spelt procedure in the existing constitution on how it could be amended, there was need to evolve one. The Reps also noted that the Standing House Rules do not have provision for the process of amending the constitution. The House finally passed the motion, but not after a stiff opposition to those aversed to it.

The motion, as adopted and passed by House says that the first and second reading of any bill for altering the provision of the constitution of the Federal Republic of Nigeria, 1999 shall be considered and proceeded in accordance with procedures on bills in the House standing order. Item (iii) ( a)  of the motion read: “In the clause by clause consideration in Committee of the Whole House, a clause or question shall be deemed passed if it be supported by a positive vote of 2/3 (two-third) majority personally present and voting in a roll call.” (iii) (b) read: “If the question to be to amend section 8 and 9 of the constitution (States creation and boundary adjustment or mode of altering provision of the constitution) requiring 4/5 (four-fifth) majority members present and voting, the question shall only be resolved upon the affirmative vote of 4/5th”

After the above, the bill shall be prepared and read a third time by a vote of two third majority for avoidance of doubt. From here, it would forwarded to the Senate for concurrence The Reps agreed in the motion that the harmonised bill shall then be sent to the 36 Houses of Assembly. According to the motion, each State House of  Assembly shall communicate its resolution to each chamber of the National Assembly. It was also resolved that each member be given five minutes to make his or her input in the debate on any Bill that seeks to amend the constitution.

“Upon there being required majority of the States Houses of Assembly supporting each of the respective clause severally, each such clause shall be deemed passed and such section of the Constitution stands amended”, read the last part of the motion. With this, therefore, the Reps have established a formula that should assist in speedy passage of  sections of the constitutions.

Electoral reforms: Almost all Nigerian politicians have agreed that many things are grossly wrong with the 2007 Electoral Act and also by  the institutions saddled with operating it – and, of course, with the player too. This view, interestingly, is strongly shared by those who have been short_changed by the faulty Act, and also by beneficiaries of the law. Therefore, the issue of the electoral reforms  received fervent attention last year. The Electoral Reforms Bill has gone through first, and second reading. It then went to various public hearings.

The 1999 Constitutional Review Committee of the House of Representatives, headed by the Deputy Speaker, Hon. Bayero  Nafada, has collated findings from the Hearings and is expected to lay before the House at Plenary in January 2010, it report for third hearing and clause to clause amendment, as provided  by the adopted formula of the House. Nafada has pomised that the Electoral Reform Act would be passed by the House in the first quarter of 2010. From the body language of the Reps, the other aspect of the amendment of the constitution would be given the same attention as the above.

Petroleum Industry Bill. Known as PIB, this composite bill generated, perhaps, the most passionate  media attention in 2009 legislative business,  considering the significance of the petroleum sector to the survival of Nigeria. The bill has gone through the same process as the Electoral Reform Bill. A 99-page bill, it is inconceivable that the all aspects of  the PIB would be passed by the Reps in 2010. But, that aspect of the bill such as  section 413 (1) – the Nigerian Content Plan and Local Social Responsibility for Host Communities – would see Reps members from oil producing states insisting that it be considered this year. Under this provision, any oil and gas company that fails to implement the mandatory development plans for its host communities would be fined $100,000 per day as would be calculated by the regulator authority.

The proposed legislation advocates for the revocation of a lease or license of an operator if he defaults for a period of six months. There is no doubt the Niger Delta law makers would use at least the second quarter of 2010 to see that that section is passed. Some of the  most pointed  issue under the PIB is the unbundling of the Nigerian National Petroleum Corporation (NNPC), and the review of fiscal regimes in the oil and gas sector.

2010 Appropriation Act: Just last week,  President Yar’Adua was reported to have signed the 2009 Supplementary Appropriation Act into law on his hospital bed in far away Saudi Arabia after the National Assembly agreed that the Act would lapse at the end of March 2010. This development is curious, putting in mind that there has never been a time when the financial year of this county was unilaterally extended beyond 31 out of December. But this has established the desperation with which the National Assembly want the budget implemented. Since the coming of this government in 2007, hundreds of billions of Naira have always been returned as “unspent” funds  into the national coffer with the budget suffering, on the average, below 35 per cent implementation.

In fact, On 14 July, 2009 after expressing strong disapproval of the manner that the executive arm of government was  implementing the 2009 Budget the House unanimously agreed to Yar’Adua if he failed to implement the 2009 Appropriation Act fully. While he has failed again, the Reps are heaping the blame on civil servants. But, with the election year staring members in the face, the Reps would go the extra mile to see that constitutional projects are fully executed.