By Emmanuel Aziken

What was on the surface a simple proposal to send a Senate delegation to visit Nigeria’s ailing President unfolded into an unpleasant impeachment scare on the floor of the Senate last Tuesday.

It was a rare eruption in the tranquility that has so far shadowed the David Mark Senate. In the end, tact and maturity overshadowed the intrigues and plotting that preceded the Senate debate on the continued absence of the President from the country.

The Senate debate was a consequence of the nationwide anxiety raised by the absence of the President from the country since he departed from the country last November.

The debate was apparently a reversal of its earlier stance last December not to intervene in the matter.
Indeed, the deputy President of the Senate, Senator Ike Ekweremadu had in response to popular anxiety on the absence of the President affirmed that the President could exercise his presidential powers from any part of the world for as long as he (President) so desires.

The President of the Senate, Senator David Mark on his part kept mute on the issue of the President’s absence but led the clarion for prayers for the ailing President.

The National Assembly kept mute as civil society advocates took up the gauntlet with its criticisms of the President for his failure to adhere to the provisions of the constitution before proceeding for his medical examination.

Breach Of particular note was the failure of the President to conform with the provisions of Section 145 of the constitution which states thus: “Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives a written declaration that he is proceeding on vacation or that he is otherwise unable to discharge the functions of his office, until he transmits to them a written declaration to the contrary such functions shall be discharged by the Vice-President as Acting President.

The failure of the President to give vent to the constitution in the course of his absence had raised much controversy in the country arising from the inability of Vice-President Goodluck Jonathan to discharge some duties that were otherwise performed by the President.

Among them was the inability of the President to swear in the new Chief Justice of the Federation, Justice Alloysius Katsina-Alu.

In his absence, Katsina-Alu was sworn in by the outgoing Chief Justice, Justice Idris Kutigi sparking a legal controversy on the apparent existence of two Chief Justices in the country.
As the New Year settled in, the civil rights community took up the crusade for the President to handover to his deputy to allow the country move on.

While the civil rights community protested, the Senate’s silence on the issue discomforted the populace.
When the Senate reconvened after the yuletide break the issue of keeping the respect of the chamber became a concern to the legislators. It was as such not surprising that Senator Ekweremadu during a condolence visit to former President Ibrahim Babangida in Minna late Deceber gave the Senate’s readiness to discuss the issue.

The Senate, he said, would take a decisive action on the absence of the President from the country when it reconvened.

The agitation of the civil society and many Senators it appeared was on the silence of the President and fears that swept the country that the President had indeed died.

Rally
The Senate resumption incidentally coincided with the mass rally planned by the civil rights community to force the National Assembly to take action on the issue.

So as the Senate planned for resumption last Tuesday a lot of activities to shape the planned debate took place within and around Abuja.

Some Senators led by Senator Ekweremadu had prepared a motion  to urge the Senate to send a delegation to Saudi Arabia to ascertain the health condition of the President.

The Northern Senators Forum (NSF) meanwhile convened an unscheduled meeting in Abuja on Monday night preceding the Senate resumption to take a decision on the motion. The Senators, it was learnt, were sharply divided. While the younger elements from the less conservative shade were said to have thrown their weights fully in support of the motion, the more conservative Senators notably those from the far North opposed the motion.

As the Senators were taking position on the issue, members of the kitchen cabinet were said to have waded in. They were said to have broken the ranks of the Northern Senators with a persuasion to some of them not to support the motion.

Sentiments
At that stage some sectional leanings were introduced to sway some of the Senators to see the motion as a sectional agenda.

But the Northern Senators were said to have arrived at a compromise of agreeing to the motion so long as they were reassured that nothing untoward would come out of it.
With the reassurance the motion was slated into the Senate agenda of  last Tuesday.

The extensive debate was, however, clouded with intrigues and horse trading and strong persuasions by all three Senators from Katsina State to stop the debate. Their effort was overwhelmed by the determination of the majority of Senators to discuss the motion.

Senate President, David Mark who presided at the session was also determined to guide the debate away from controversy as he repeatedly fenced out Senators who made references to constitutional provisions on the removal of the President.

Before the commencement of the debate on the motion which had Senator Ike Ekweremadu (PDP, Enugu West) as lead sponsor, Senator Chris Anyanwu (PDP, Imo East) had expressed dismay at the publication in a national newspaper of the contents of the motion which she said was pre-emptive of the Senate debate. Her observation was subsequently referred to the Senate committee on Ethics for investigation.

Following her, Senator Garba Lado (PDP, Katsina) upon a point of order sought to remove the debate on the President’s absence from the order paper as he noted that it was already the subject of a court litigation.

He found support from Senators Ibrahim Ida (PDP, Katsina) and Kanti Bello (PDP, Katsina) and a few other Senators mostly from the North. Their contention was that the Senate should abide by its rules of not discussing issues that could be prejudicial.

Senator Kanti Bello, the Chief Whip of the Senate who articulated several points to derail the motion expressed his fears that the motion was heavily pregnant.

They were, however, seriously opposed by several other Senators from across the country who affirmed that the Senate would loose its credibility by failing to discuss the issue.

“Mr. President the going to court by Nigerians would not have happened if the National Assembly had acted fast. This is a national issue and this is all the reason we are here,” Senator Omar Hambagda (ANPP, Borno South) submitted.

Secrecy
Senator Hambagda was particularly unhappy with the attitude of close aides of the President who he said were playing hide and seek with Nigerians on the President’s health.

“Sickness is not something you hide. The people around the President have been playing hide and seek, they are hiding the facts. I cannot see how this motion is going to prejudice the outcome of the court decision and is the reason why we are here. It is a straight forward motion which is part of the reason of our being here.”

Senator Hambagda’s point was helped by the submissions of Senators Sidi Ali (PDP, FCT), Bode Olajumoke (PDP, Ondo North) and several other Senators who said that they were under harassment from constituents who were desirous on knowing the condition of the President.

The President of the Senate, however, ruled out the objection raised by Senator Lado as he said that it was in the interest of the country and the Senate that the motion be presented.

Presenting the motion, Senator Ekweremadu while expressing relief at the news that President Yar‘Adua was alive and spoke on BBC radioTuesday morning said the motion was meant to address the concerns of all Nigerians.

Motion
“Observing that the President, Federal Republic of Nigeria, Alhaji Umaru Musa Yar’ Adua, GCFR has been out of Nigeria for about seven (7) weeks now on ground of ill health;

“Noting that the President of the Senate has at several fora expressed the Senate’s best wishes for a quick recovery for Mr. President and has caused fervent prayers to be said to that effect as well;

“Noting also that while the Senate was on the Christmas and New Year recess the anxiety of Nigerians over the absence of the President assured worrisome dimensions as expressed in several media across the country;
“Worried that in the midst of all these there is no authoritative information on the true state of affairs regarding the health of the President.

“Concerned that there has been no formal communication to the National Assembly pursuant to Section 145 of the Constitution which will empower the Vice-President to act and perform the functions of the President. We commend the Vice-President, Dr. Goodluck Jonathan, GCON on his effort to carry on the affairs of the country in the absence of the President;

“Whilst conceding that the President is entitled to attend to his health no matter how long that it may take, notes that there is need for the Senate to be certain of the true state of affairs to enable her take appropriate action as the entire country now looks up to the Senate for direction;

“Accordingly resolved to:
“Send a delegation to the Kingdom of Saudi Arabia to ascertain the situation and report thereon within one week.”
His motion was seconded by Senator Bukar Abba Ibrahim (ANPP, Yobe South).
Supporting the motion, he said:

“I totally agree to the presentation of the distinguished Deputy Senate President. What we are asking for is very definite and very definite move to send a delegation to Saudi Arabia for us as Senators. I don’t think that there is anything controversial. So I appeal to my colleagues to support this motion so that we can go ahead with our work.”

Senator Mujatallab Mallam (PDP, Jigawa ) speaking in the same vein said:
“I want to say that it is not unusual for the general public to know the true health situation with our President. So, I honestly concur that we should know the true health of our President. Besides what the BBC has done we can go a step further by sending a delegation.”

While also expressing concern on the state of the President, Senator Shaibu Yau (ANPP, Zamfara) said that it was the duty of the Federal Executive Council to initiate an enquiry into the state of health of the President and not that of the Senate as he affirmed that the Senate was constitutionally barred from such an action.

The Senate minority leader, Senator Maji Lawan (ANPP, Borno) lapped on to the argument as he expressed concern on the language used in the motion which he claimed were pregnant.

Senator Bala Mohammed (ANPP, Bauchi), however, brought the failure of the President to inform the National Assembly as required in Section 145 of the constitution to the fore.

“The constitution is clear. This issue has over heated our polity. This is what this motion seeks to bring out and it is just information. What we are alleging is why did the President not inform the National Assembly?”
Once he started, Senator Mark immediately intervened saying that the import of the motion was not on the failure of the President to inform the National Assembly about his hospitalization.

“Bala let me first rule you out of order. That is not the import of this motion. You cannot query why he did not transmit a letter and that is not the essence of this motion,” Senator Mark ruled.

But agitation against the President’s failure to inform the National Assembly was still fuming as Senator Lee Maeba (PDP, Rivers) affirmed that the President’s action amounted to gross misconduct.

Again, the Senate President immediately stopped him but that did not stop the agitation as Senator George Thomson Sekibo (PDP, Rivers) upon  a constitutional point of order reminded the Senate of their oath to uphold the constitution of the country.

“Mr. President based on the oath of allegiance we swore here we have the right to investigate to know whether the status of his health. Mr. President my opinion is that this debate should be open.”

Senator Nuhu Aliyu (PDP, Niger North) lent his support to the debate on the absence of the President saying:
“It is also the right of every Nigerian to know the state of health of Mr. President. Mr. President I think that what we are doing is right. As a Senator of the Federal Republic for anybody to ask me the state of health of Mr. President and for me to say that I don’t know is an embarrassment.”

Senator Aliyu was to draw laughter from colleagues when he asked Senator Mark to confirm reports that he spoke to President Yar‘Adua last week.

Why flaying presidential aides for allowing rumour to thrive in the country, Senator Aliyu, however, expressed concern that sending a delegation to Saudi Arabia could lead to an embarrassment for the Senate should they be unable to see the President.

“The motion as moved by the DSP has suggested that a few of us should go to Saudi Arabia to see Mr. President.
My fear is that if they go, how are we sure that they are going to see him? If the National Assembly team goes to Saudi Arabia and they don’t see him don’t you think we would be ridiculing ourselves,” as he suggested that only the Federal Executive Council had the duty of looking into the health of the President.

Senator Sulieman Nazif (AC, Bauchi North) was to flay the PDP Senate majority for allowing the country to be put to ridicule.

“Mr. President I am worried, Nigerians are worried, we in the opposition are confused that those of you in the PDP today are ridiculing this country. Section 145 is very clear that Mr. President should hand over.”

But once he referred to section 145 the Senate President ruled him out as he again repeated his charge that mention should not be made on the issue of removal or the setting up of a medical board.

Following submissions by several other Senators including Senators Joy Emodi (PDP, Anambra North), Bassey Ewa_Henshaw (PDP, Cross River South), Ehigie Uzamere (PDP, Edo South) among others the Senate President read out a mid position seeking to invite the Secretary to the Government of the Federation to brief the Senate.

The motion was unanimously adopted.