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SENATE of the FEDERAL REPUBLIC of NIGERIA VOTES and PROCEEDINGS Wednesday, 24Th February, 2010

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SENATE of the FEDERAL REPUBLIC of NIGERIA VOTES and PROCEEDINGS Wednesday, 24Th February, 2010 6TH NATIONAL ASSEMBLY THIRD SESSION No. 63 439 SENATE OF THE FEDERAL REPUBLIC OF NIGERIA VOTES AND PROCEEDINGS Wednesday, 24th February, 2010 1. The Senate met at 10.25 a.m. The Senate President read prayers. 2. Votesand Proceedings: The Senate President announced that he had examined the Votes and Proceedings of Tuesday, 23rd February, 2010 and approved same. By unanimous consent, the Votes and Proceedings were approved. 3. Messagesfrom the ActingPresident: The Senate President announced that he had received two letters from the Acting President, Commander-in-Chief of the Armed Forces of the Federation which he read as follows: (A) ACTING PRESIDENT, FEDERAL REPUBLIC OF NIGERIA SHIAg.P!SECI147113 22"" February, 2010 Distinguished Senator David Mark, GCON, President of the Senate, Senate Chambers, National Assembly Complex, Three Arms Zone, Abuja. PRINTED BY NATIONAL ASSEMBL Y PRESS, ABUJA 440 Wednesday, 24th February, 2010 No. 63 Your Excellency, UNIVERSAL SERVICE PROVISION FUND 2010 BUDGET PROPOSAL I write to forward for the kind consideration and approval of the Senate of the Federal Republic of Nigeria, the 2010 budget proposal of the Universal Service Provision Fund. Please accept the assurances of my highest consideration. Yours Sincerely, Signed: Dr. Goodluck E. Jonathan, GCON (B) ACTING PRESIDENT, FEDERAL REPUBLIC OF NIGERIA SHIAg.PISECIl47113 22'" February, 2010 Distinguished Senator David Mark, GCON, President of the Senate, Senate Chambers, National Assembly Complex, Three Arms Zone, Abuja. Your Excellency, NIGERIAN COMMUNICATIONS COMMISSION 2010 BUDGET PROPOSAL I write to forward for the kind consideration and approval of the Senate of the Federal Republic of Nigeria, the 2010 budget proposal of the Nigerian Communications Commission. Please accept the assurances of my highest consideration. Yours Sincerely, Signed: Dr. Goodluck E. Jonathan, GCON (B) Acknowledgement: The Senate President acknowledged the presence of the following who were in the gallery to observe Senate Proceedings: (i) Councilors from Idah Federal Constituency of Kogi State (ii) Staff and Students of Wisdom International College, Funtua, Katsina State No. 63 Wednesday, 24th February, 2010 441 4. Confirmation of nomination: Motion made: That the Senate do consider the request of the Ag. President, Commander-in- Chief of the Armed Forces of the Federation for the confirmation of nomination of the following persons as Chairman and Members of the Code of Conduct Bureau: SIN NAME STATUS 1. Mr. Sam Saba Chairman 2. Ibrahim Manzo Member 3. Chief Stephen F. Bekefula Member 4. Amb. Habib O. Elabor Member 5. Dr. (Mrs.) Christiana Ekoja Okwori Member 6. Alh. Disina Mohammed Member 7. Prince Okechukwu Ikechi Nwadinobi Member 8. Dr. Ademola Adebo Member (Senate Leader) Question put and agreed to. Request accordingly referred to the Committee on Ethics. Code of Conduct and Public Petitions to report within two (2) weeks. 4. Motion: Truncation of Democracy in Niger Republic: Consideration of the Motion deferred to another Legislative Day. 5. Provisions of Sections 145 and 190 of tbe Constitution of tbe Federal Republic of Nigeria 1999 (Alteration) Bill 2010 (SB. 377): Motion made.' That the Senate do resume debate on the Bill for an Act to Alter the provisions of Sections 145 and 190 of the Constitution of the Federal Republic of Nigeria 1999 and for other Matters connected thereto 2010 (Senate Leader) (Adjourned Debate, Thursday, 18th February, 2010). Question put and agreed to. The following Senators made contribution: (i) Senator Nimi Barigha-Amange (ii} Senator Ayim Ude (iii) Senator Chris N. D. Anyanwu (iv) Senator Patricia N. Akwashiki (v) Senator Joy I. Emodi (vi) Senator Hayatu B. Gwarzo (vii) Senator Joel D. Ikenya (viii) Senator Ayogu Eze (ix) Senator Iyiola Omisore (x) Senator Tawar U Wada (xi) Senator Zaynab A. Kure (xii) SenatorAhmad I. Lawan txiii) Senator Bukar A. Ibrahim 442 Wednesday, 24th February, 2010 No. 63 Motion made; That the Bill be now read the Second Time tSenaie Leader) Questionput and agreed to. Motion made:That the Billbe committedto the Committeeof the Whole for further Legislativeaction (Rule 8l)(Senate Leader) Questionput and agreed to. Extension of Time of Sitting: Motion made: That the Senate do sit this day beyond the time appointed for the termination of Sitting of the Senate(Senate Leader). Question put and agreed to. Motion made: That the Senate do resolve into the Committee of the Whole to consider the Bill (Senate Leader). Question put and agreed to. SENATE IN THE COMMITTEE OF THE WHOLE (SENATE PRESIDENT IN CHAIR) CONSIDERATION OF THE PROVISIONS OF SECTIONS 145 AND 190 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 (ALTERATION) BILL 2010: A Bill for an Act to Alter Sections 145 and 190 of the Constitntion of the Federal Republic of Nigeria 1999 and for Other Matters Connected Thereto Amendment of Section 145 (1): "Whenever the President is proceeding on vacation or is otherwise unable to discharge the functions of his office, he shall transmit a writteu declaration to the President of the Senate and the Speaker of the House of Representatives to that effect, and until he transmits to them a written declaration to the contrary, the Vice President shall perform the functions of the President as Acting President" .(Senator Ike Ekweremadu). Debate: Question that the amendment be made, put and agreed to. Question that Section 145 (1) as recommended do stand part of the Bill, put and agreed to. Amendment of Section 145(2): "In the event that the President is unable or fails to transmit the written declaration mentioned in Subsection (1) of this Section within 7 days, the National Assembly may by resolution made by a simple majority of the vote of each House of the National Assembly mandate the Vice President to perform the functions of the office of the President, as Acting President, until the President transmits a letter to the President of the Senate and the Speaker of the House of Representatives, that he is now available to resume his functions as President". (Senator Ike Ekweremadu) . Debate: Amendment Proposed: Leave out the figure "7" in line 2 and insert" 14" instead thereof (Senator Nuhu Aliyu) No. 63 Wednesday, 24th February, 2010 443 Question that the amendment be made, put and agreed to. Another Amendment Proposed: Leave out the word "may" in line 2 and insert the word "shall" instead thereof (Senator Omar A. Hambagda) Question that the amendment be made, put and agreed to. Question that Section 145 (2) as amended do stand part of the Bill, put and agreed to. Section 190 (1): "Whenever the Governor is proceeding on vacation or is otherwise unable to discharge the functions of his office, he shall transmit a written declaration to the the Speaker of the House of Assembly to that effect, and nntil he transmits to the Speaker of the House of Assembly a written declaration to the contrary, the Deputy Governor shall perform the functions of the Governor as Acting Governor" (Senator Ike Ekweremadu}. Question that the amendment be made, put and agreed to. Question that Section 190 (1) as recommended do stand part of the Bill, put and agreed to. Section 190 (2) "In the event that the Governor is unable or fails to transmit the written declaration mentioned in Subsection (1) of this Section within 7 days, the House of Assembly may by a resolntion made by a simple majority of the vote of the House mandate the Deputy Governor to perform the functions of the office of the Governor, as Acting Governor, until the Governor transmits a letter to the Speaker, that he is now available to resnme his functions as Governor"(Senator Ike Ekweremadu). Amendment Proposed: Leave out the figure "7" in line 2 and insert "14" instead thereof (Senator Nuhu Aliyu) Question that the amendment be made, put and agreed to. Another Amendment Proposed: Leave out the word "may" in line 2 and insert the word "shall" instead thereof (Senator Omar A. Hambagda) Question that the amendment be made, put and agreed to. Question that Section 190 (2) as amended do stand part of the Bill, put and agreed to. Chairman to report progress on the Bill. (SENATE IN PLENARy) The Senate President reported that the Senate in the Committee on the Whole considered the alteration of provisions of Sections 145 and 190 of the Constitution of the Federal Republic of Nigeria 1999 and for other matters connected thereto, and approved as follows: Section 145 (I) As Recommended Section 145 (2) As Amended Section 190 (1) As Recommended Section 190 (2) As Amended Short Title As Recommended 444 Wednesday, 24th February, 2010 No. 63 Question: That the Report of the Committee of the Whole be approved - Resolved in the affirmative. Section 145 (1): "Whenever the President is proceeding on vacation or is otherwise unable to discharge the functions of his office, he shall transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives to that effect, and until he transmits to them a writteu declaration to the contrary, the Vice President shall perform the functions of the Presideut as Acting President" . Question that the Senate do approve Section 145 (1) as recommended, put and the Senate went into division. SENATE IN DIVISION: YES 89 NOES 2 ABSTAIN o ABSENT 17 TOTAL 108 YES 1. SENATOR ABARIBE, ENYINNAYA, H. 2. SENATOR ADEDffiU, A. KAMORUDEEN 3. SENATOR ADELEKE, ISIAKA ADETUNJI 4. SENATOR ADEYEMI, SMART 5. SENATOR ADOKWE, SULEIMAN. A. 6. SENATOR AJIBOLA, S. SULE 7. SENATOR AKE, WILSON ASINOBI 8. SENATOR AKINYEDE, SOLA 9. SENATOR AKUME, GEORGE 10. SENATOR AKWASIDKI, PATRICIA NAOMI 11. SENATOR ALIYU, NUHU 12. SENATOR AMINU, JIBRIL MOHAMMED 13. SENATOR ANYANWU, CHRIS N. D. 14. SENATOR ANYANWU, SYLVESTER N. 15. SENATOR ARISE, AYODELE SYLVESTER 16. SENATOR ARGUNGU, ABUBAKAR UMAR 17.
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