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SENATE OF THE FEDERAL REPUBLIC OF VOTES AND PROCEEDINGS Tuesday, 12th January, 2010

1. The Senate met at 10.25 a.m. The Senate President read prayers.

2. Votes and Proceedings: The Senate President announced that he had examined the Votes and Proceedings (2) of Thursday , 17th December, 2009 and approved same.

By unanimous consent, the Votes and Proceedings were approved.

3. Oaths of Allegianceand Membership (Senators-Elect): The Senators-Elect, Iyiola Ornisore (Peoples Democratic Party) (Osun East) and (Peoples Democratic Party (Kebbi Central) took and subscribed to the Oath of Allegiance and Membership as required by law.

4. Remarks by the Senate President:

The President, Senate of the Federal Republic of Nigeria

SPEECH BY HIS EXCELLENCY SENATOR. DR. DA VID A. B. MARK. aeON. mim, THE PRESIDENT OF THE SENATE. FEDERAL REPUBLIC OF NIGERIA. ON THE RESUMPTION OF THE SITTING OF THE SENATE ON TUESDAY. JANUARY 12TH. 2010.

Protocol:

My Bosses, Distinguished Senators of the Federal Republic of Nigeria,

Let me begin by thanking God for sparing our lives and giving us good health that enabled us all to return to this hallowed Chamber to resume our constitutional responsibilities.

Although a working break, I believe you had a Merry Xmas and a Happy New Year with your families and constituents. I am aware that this is not the beginning of our Legislative Calendar. That notwithstanding, I believe it is an auspicious time for me to address a few issues that may

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agitate our minds and set the legislative tone. I believe we have all resumed, fully energized, to continue to uphold the sacred trust given to us by the people of this country, with renewed commitment, a clearer focus and a deeper sense of concern for the plight of our people. Let me make it clear from the onset that we will continue to put the welfare, prosperity and progress of our people in the front burner as we have always done.

Let me state emphatically that we have a heavy work load and a lot of grounds to cover between now and June which is the end of the Legislative Calendar. We must not underestimate the enormity of the assignment before us; amongst which are the 2010 Budget, the Petroleum Industry Bill, Constitution Review, the Electoral Reform Bill, the Freedom of Information Bill [FOIB}, the Land Reform Bill, the Prisoner Exchange Bill and the Anti-Terrorism Bill, just to mention afew. They have all been scheduled for this quarter. Therefore to say that we must gird our loins is to state the obvious.

As Legislators and the true representatives of the people, a recess in the legislative calendar, could hardly be a holiday. It was only a break from the routine, daily legislative sittings. It could not have been, and certainly was not a shut down from feeling the pulse Of our people. Indeed, it provided us more time and better opportunity to feel the pulse of our constituents and by extension the pulse of the nation. Given the situation in the country presently, the interactions we had during the recess should spur us to greater commitment and provide an opportunity to reflect on national development, issues and problems.

These are challenging times and we cannot pretend otherwise. It beckons on us to be patriotic, courageous, steadfast and forthright. We must be courageous in our words and in our deeds. It is a responsibility we owe to our God, our conscience and our country. We must be true Statesmen and women.

This new Legislative Calendar, must mark the beginning of this Chamber's hard look at itself and its broader responsibilities to the electorate. It cannot and must not be business as usual. We need to squarely and courageously face the obvious challenges confronting us. Some of the challenges are a carryover while some are contemporary in nature: Because the past challenges were not appropriately handled, they have continued to fester and exacerbate. The more topical ones are the issue of the President's health and the Umar Farouk Abdulmutallab December 25th saga.

For more than one month now, our nation has been gripped with anxiety, rumour and speculations. This has principally been on account of the health of the President, Commander-in-Chief of the Armed Forces of the Federal Republic, who as we all know is abroad on ground of ill-health. I have had occasion in the past to call for national prayers for Mr. President, and would continue to do so even now.

Distinguished Colleagues, since the issue of" the President's health is already slated as a Motion for discussion today, I will reserve my comments for now so as not to foreclose debate on the issue, or to influence its tone or outcome. But I sincerely believe that this is an issue that we cannot run away from. We must today debate it with candour and openness, but we must be guided entirely by the spirit and letters of the Constitution.

In the same vein, the December 25th Umar Farouk Abdulmutallab saga is also slated for discussion in our Order Paper for today. Therefore, I will equally reserve my comments until the matter is debated.

However, we must act with a sense of urgency, nationalism and patriotism. As Legislators, we cannot afford the luxury to play the blame-game. We are part of the government, and a very pivotal part at that! When the people blame the government, we are all in the dock together. The only way we can acquit this Chamber, is to do what is constitutionally right and do it diligently, honestly, transparently and with a total sense of commitment. We are a constitutional democracy and can only operate within the ambit of the Constitution.

As we resume plenary today, and move closer to our jubilee anniversary as an independent nation, the various Senate Committees must henceforth, with renewed vigour pick up the gauntlet, and face the tough challenges ahead. We must ask questions that will stimulate definitive actions. The visible plight of our people should be enough to inspire the Senate Committees into immediate action by being more proactive. No. 44 Tuesday, 12th January. 2010 343

Distinguished Colleagues, the 2010 Budget, thefirst to kick-start the Nigerian Vision 20:2020 will be one of the topical issues before this Chamber as we start the current Session. Our vision 20:2020 architects say Nigeria needs to run twice as fast as other nations. But we must ask ourselves. Can we? Our dream, nay our Vision may be very ambitious. The task is arduous, the ambition tall and our goal lofty. But 1believe we can achieve them.

To achieve these goals, we must avoid actions that are likely to elicit primordial sentiments and myopic influences on our Vision. We must ensure sustainability and continuity of our development plans.

Over the years, our budgets have waved the flag of hope for uninterrupted power supply, good roads, standard health care, quality education, gainful employment, poverty alleviation, adequate water supply and improved standard of living, even though the realities on the ground suggest otherwise. Our budgets must not be mere annual rituals but must impact positively on the lives of our people. We therefore have the responsibility to ensure the implementation of our budgets to the letter.

Other major issues that must not escape our attention include, the review of the Constitution and Reform of the Electoral Laws. Ourfuture elections must reflect the aspirations of our people. They should be credible and transparent. In the due discharge of oversight junctions, emphasis must be placed on mass voter education and civic responsibility.

Similarly, our Constitution Review Committee should go full throttle to ensure that the exercise is completed within time. For us the participation of Nigerians is important and indeed, paramount to the process. I am reliably informed that the Senate Committee on the Review of the 1999 Constitution has almost completed work on the proposals for amendment of both the 1999 Constitution and the Electoral Act, 2006, with regard to the provisions dealing with Elections and Matters connected therewith. These proposals would form the basis of critical electoral reforms, which would soon be submitted to the Senate in plenary for consideration.

My distinguished colleagues, these are some of the posers we must address. We must be honest and face the bitter realities, on the ground; and muster the courage to confront such realities in the interest of a better Nigeria. My appeal is that we must be courageous, imaginative, honest, patriotic and selfless in the discharge of our legislative functions.lt is only through high and unrelenting performance that we can stand tall and be counted. If we do our utmost to improve the well being of our people, history will judge us kindly. And whosoever gets the accolade of history would indeed have received an everlasting and priceless testimonial for service.

My dear bosses, these are my thoughts on the daunting challenges before us.It is not exhaustive; But the message is the same: unalloyed commitment to the actualization of set goals and deploying our collective endeavours to the challenge of national development.

The ball is in our court as individual Senators and in the court of all the Senate Committees and this Chamber. We must rise to the occasion and start the year on a high note, with total commitment, hard work, vision, foresight, sacrifice, even self-criticism and self- adjustment.

Ours is a nascent Constitutional Democracy. In order to strengthen it, we must. all work within the spirit and letters of the Constitution. We must resist the forces of treachery, sycophancy and blackmail; we must rise above the level of praise singers, rumour mongers and professional speculators who exploit the pervasive ignorance in our land. These forces assault our collective psyche in their selfish bid for eminence. They undermine the essence of the Constitution and do not in any way contribute constructively to the search for answers to the national question. Their agenda is to inspire recrimination and to deepen suspicion. These are indeed Challenging times in which we must all rise above primordial and partisan considerations. History teaches us that there is no national Challenge that cannot be overcome through patriotism, resilience, faith, tolerance, compromise and flexibility. The time has come for us to stand and act together in the service of our nation. My bosses, the people have reposed their trust and hope in us and have given us their mandate to act on their behalf. 344 Tuesday, 12th January, 2010 No. 44

Let me assure our Constituents that we will no betray their trust. We pray that the Almighty God gives us all the wisdom and courage to discharge our respective responsibilities without let or hindrance.

Thank you and God bless.

5. Announcement: The Senate President read a letter from Senator -Bello (Ogun Central) as follows:

Senator (Dr.) Iyabo Obasanjo-Bello Ogun Central Senatorial District Chairman, Senate Committee on Health

Our Ref No. SENIlOBI02195 January 6,2010

The Senate of the Federal Republic of Nigeria,

Through:

The Senate President, National Assembly Complex, Abuja.

HUMBLED BY YOUR PRESENCE & GIFTS

With sincere humility and reverence to this Senate, I want to appreciate my dear colleagues who are too numerous to mention who attended my grand mother's burial in June, 2009 in Abeokuta and my chieftaincy title this January 2nd in Ile-lfe. I thank many others for their gifts and prayers.

The most important thing I have gained from this 6th Senate is the camaraderie with everyone of you. As we enter into another political season in 2010, I pray that everyone of you will have your hopes and aspirations come true.

The general abuse politicians get is a travesty, in my experience, politicians are givers and if givers never lack as the saying goes, then politicians should never lack but as we all know from former Senators, many have ended up in desperate situations I pray that ours will not be like that.

Wishing you a fruitful 2010.

Signed: Senator 1yabo Obasanjo-Bello, DVM, PhD Ogun Central

6. Matter of Urgent Public Importance: Rising on Rule 42, Senator Zaynab A. Kure (Niger South) drew the attention of the Senate to the demise of Hajia Maryam Babangida. She sought the leave of the Senate to present a Motion on the matter.

Question that the matter be debated, put and agreed to.

Matter to stand over to the next legislative day 42(2). No. 44 Tuesday, 12th January, 2010 345

7. Annual Report of the Office of the Accountant-General of the Federation: Motion made: That the Senate do receive the year 200B Annual Report of the office of the Accountant-General of the Federation (Senate Leader).

Question put and agreed to.

Report Laid and referred to the Committee on Finance.

B. Complaint Against Newspaper: Rising on Rule lB. Senator Chris N. D. Anyanwu (lmo East) drew the attention of the Senate to the publication in ThisDay Newspaper of Tuesday, January 12, 2010 with the caption "Yar' Adua: Senate considers sending team to Saudi Arabia". She stated that the prayer of the Motion as in the Order Paper is the same as in the publication. He posited that there is a breach of secrecy or confidentiality .

Newspaper Laid.

Matter referred to the Committee on Ethics, Code of Conduct and Public Petitions to report within two weeks.

9. Absence of the President, Federal Republic of Nigeria: Motion made: The Senate do observe that the President of the 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;

Notes 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;

Notes also that while the Senate was on the Christmas and New Year recess the anxiety of Nigerians over the absence of the President assumed worrisome dimensions as expressed in several media across the country;

Worried that in the midst of all these there is no authoritative and authentic 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 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 (Senator ).

Debate:

Prayer That the Senate do send a delegation to the Kingdom of Saudi Arabia to ascertain the situation and report thereon within one week

Amendment Proposed: Leave out the provision in prayer (I) and insert the following instead thereof: That the Senate do invite the Secretary to the Government of the Federation to brief the Senate on the true state of health of Mr President, Commander-in-Chief (Senator Teslim K. Folarin).

Ouestion that the amendment be made, put and agreed to. 346 Tuesday, 12th January, 2010 No. 44

Another Amendment Proposed: That the Senate do thank the People of Nigeria for their trust, patience and forbearance in the presence of so much uncertainty in the past weeks regarding the health of the President and their allowing us as a government to continue to function undisturbed until the present (Senator fibril M. Aminu).

Question that the amendment be made, put and agreed to.

Resolved.' (i) That the Senate do invite the Secretary to the Government of the Federation to brief the Senate on the true state of health of Mr President, Commander-in-Chief,' and

(ii) That the Senate do thank the People of Nigeria for their trust, patience and forbearance in the presence of so much uncertainty in the past weeks regarding the health of the President and their allowing us as a government to continue to function undisturbed until the present (S. Res/3/60).

10. Attempted Bombing of a Delta Airline in Detroit, Michigan, USA:

Consideration of the Motion deferred to the next legislative day.

11. Committee on Finance: Report on the screening of a nominee:

Consideration of the Report deferred to the next legislative day.

12. Committee on Education: Report on National Institute for Educational Planning and Administration Bill 2009 (SB. 123):

Consideration of the Report deferred to the next legislative day.

13. Adjournment: Motion made.' That the Senate do now adjourn till Wednesday, 13th January, 2010 at 10.00 a.m. (Senate Leader).

Adjourned accordingly at 1.50 p.m.

Dr. David A. B. Mark, Gcos, fnim President, Senate of the Federal Republic of Nigeria.