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Senate rule amendment: Self-serving, undemocratic, unconstitutional, Senator Onyewuchi

Senate

Senate

By Henry Umoru, Abuja

Senator Ezenwa Onyewuchi, APC, Imo East, has taken a swipe at the Senate over Tuesday’s amendment to the Senate Standing Orders restricting eligibility for the office of Senate President and other principal positions to ranking lawmakers of the 10th Senate who secure re-election into the 11th Senate in 2027.

According to him, the action is not only self-serving but also undemocratic and unconstitutional, saying that with this development, what the Senate has done is to show a lack of confidence in electing leaders and may be forcing a determined leadership in the Senate.

The controversy follows Tuesday’s decision by the Senate to amend its Standing Orders after a marathon executive session held on May 5, 2026. The amendment introduced stricter eligibility criteria for the emergence of presiding officers in the 11th Senate, effectively limiting the contest for Senate president and other top leadership offices to returning ranking lawmakers of the current Assembly.

With this development, the revised rules and preferences for Senate leadership positions will now follow a hierarchy beginning with former Senate Presidents, former Deputy Senate Presidents, former Principal Officers, senators who have completed at least one full term, lawmakers transitioning from the House of Representatives, and finally first-time senators where no higher-ranking candidates emerge.

The amendment also stipulates that only senators returning from the current 10th Assembly after re-election can contest the Senate presidency and other key leadership offices.

Speaking with journalists before the Senate plenary on Thursday, Senator Onyewuchi said that the amendment by the 10th Senate violates provisions of the Nigerian Constitution and undermines democratic principles within the upper legislative

Onyewuchi, who noted that the Senate had exceeded its constitutional powers by imposing conditions not provided for in the 1999 Constitution, said, “That’s a contentious issue, which is the amendment to the Senate rules. And just like you have expressed, we tried to address it, and we also tried to air our views, but some of those views were diluted by the cacophony of voices due to the contentious nature of the issue that was raised.”

The Senate, who agreed that the Senate has powers to regulate its internal procedures, said, “But for me, I think the amendment, in all good conscience, is self-serving and unconstitutional.” And I will give you my reasons.

“Section 50 of the Nigerian Constitution is clear on it: ‘There shall be a President and a Deputy President of the Senate who shall be elected by members from among themselves.’ It did not set further criteria. And any other criteria set outside this that are in conflict with the Constitution of the Federal Republic of Nigeria, to that extent, are null and void.”

According to him, Section 60 of the Constitution, which empowers the Senate to regulate its procedures, was never intended to be used to alter constitutional qualifications for leadership offices, adding, “The Senate is relying on Section 60 of the Constitution that gives the Senate powers to moderate its internal procedure.” But for me, the procedure we are talking about should be for the effective running of the Senate. It should be for the conduct of Senate business.

“We will be looking at the issue of how our bills are done, how we carry out our oversight, and how we even discipline erring members of the Senate, but not on fundamental issues that will be inconsistent with the Constitution.”

Onyewuchi, while citing constitutional supremacy, referenced Section 1(3) of the Constitution and said, “Section 1, subsection 3, further tells us that any law that is inconsistent with the Constitution, to the extent of that inconsistency, is null and void.

“You see, what has happened, for me, shows a lack of faith and confidence in the democratic process of electing presiding officers. And it also worries me that we may be foisting a predetermined leadership for the incoming Senate, the 10th Senate, and that will be unfair.”

“We will be infringing on the rights of members of this distinguished Senate if that is allowed to stand.”

Onyewuchi, who noted that his opposition was based on principle and the future of parliamentary democracy and

that he personally qualifies under the new ranking arrangement, said, “For me, I qualify; I am a ranking member of the Senate, but it is not just about me. It is about this institution. This is my 16th year here, and we are concerned about the legacy we are going to leave behind.

“I will not be here forever. By the time we leave, what are you leaving behind? Are you strengthening democracy by your actions? That is my major concern.”

The senator, who disclosed that he would formally move a motion seeking to rescind the amendment, said, “So, I think clearly this issue should be revisited. I am formally going to bring a motion to rescind this decision of the Senate for the common good. And that is what I will do.”

“Immediately after plenary today, I will bring a formal motion in that respect.

“Let me also say clearly that the Senate rules are subordinate to the Constitution of the Federal Republic of Nigeria and shall not by any means override the Constitution of the Federal Republic of Nigeria. This should be clear. This should be very clear.”

On the political implications of consensus candidacy within the ruling APC ahead of the 2027 elections, Onyewuchi, who defended the party’s approach, saying consensus would only apply where aspirants willingly agree, said, “I want to commend the leadership of our great party, the APC, for coming up with that initiative. It is not only about consensus. It’s between consensus and direct primaries. And from all indications, we’re going to be doing more of the direct primaries.

“And where everybody agrees, I don’t think there’s a further issue. Everybody has agreed. If there’s one dissenting voice, everybody will line up for direct primaries.”

Speaking on President Bola Tinubu, he commended President Bola Ahmed Tinubu and the APC leadership for what he described as effective political management, saying, “I want to commend the chairman of our great party and the leader of our party, Asiwaju Bola Ahmed Tinubu, who is guiding us properly and effectively with his experience, and you can see today that APC is the only party standing as we speak today.”

On reports that Imo State Governor Senator Hope Uzodinma had obtained nomination forms to contest for the Imo West Senatorial seat in 2027 while still serving as governor, Onyewuchi, who noted that the move aligns with the wishes of many people in the state, said, “Imolites are very desirous of having Distinguished Senator Hope Uzodinma here as Senator. Especially the good people of Imo West Senatorial District.

“I know they bought the forms and sent them to him, and I know the preponderance of opinion is that he should step in and come to the Senate to represent the Imo West Senatorial District.”

The senator, who noted that all constitutional procedures would be followed when the time comes, said, “When it comes, he will have the right to aspire to any position. Any member can aspire to any position; that is what the constitution provides. That is what the constitution provides, and I’m a stickler to the dictates of the constitution.”

On President Tinubu’s chances in the 2027 presidential election, Onyewuchi, who defended the administration’s economic reforms and performance, said, “Asiwaju Bola Ahmed Tinubu has done very, very well.

“I’ve been in this Parliament; like I said earlier, this is my 16th year, and we know what the situation was when he took over the realm of affairs in this country. So, juxtapose that to what we have now.”

“If not for the way and manner this economy has been managed by Mr President and his team, we would have been plunged into very major problems.”

The senator acknowledged that reforms often come with political resistance but argued that the country was beginning to witness economic stabilisation.

“But we know that a government that brings reform is not usually very popular. Government that brings reform, because people are impatient most of the time. But when the dividends begin to come, it will be all smiles.

“And you can see that the economy is stabilising, the system is stabilising, and things will continue to get better.

“The onus is on the opposition to put their house in order. We are not going to put their house in order for them.

“Our own responsibility is to offer good governance to Nigerians and continue to defeat them in elections. If they can’t put their house in order, it’s good for us. So it makes it easier for us to implement our good programmes and continue to defeat them.”

ENDS

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