6TH NATroNALAsSEMBLY THIRD SESSION No. 75 535

SENATE OF THE FEDERAL REPUBLIC OF VOTES AND PROCEEDINGS Wednesday, 24th March, 20ID

1. The Senate met at ID.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 March, 2010 and approved same.

By unanimous consent, the Votes and Proceedings were approved.

3. Messagefrom the ActingPresident: The Senate President announced that he had received a letter from the Acting President, Commander-in-Chief of the Armed Forces of the Federation which he read as follows:

ACTING PRESIDENT, FEDERAL REPUBI1C OF NIGERIA

SHiAg. PISECI147 23'" March, 2010

Distinguished Senator David Mark, GCON President of the Senate, Senate Chambers, National Assembly Complex,

PRINTED BY NATIONAL ASSEMBL Y PRESS, 536 Wednesday, 24th March, 2010 No. 75

Three Arms Zone. Abuja.

Your Excellency..

APPOINTMENT OF MINISTERS OF FEDERAL GOVERNMENT

You would please recall that on Wednesday, 17" March. 2010. the Executive Council of the Federation was dissolved, with a promise that the Council would soon be re-constituted.

2. Accordingly, in line with the provisions of Section 147 of the 1999 Constitution of the Federal Republic of Nigeria, Iforward herewith. the names of the first batch of nominees for appointment as Ministers of the Government of the Federationfor the consideration and confirmation of the Senate of the Federal Republic of Nigeria.

3. For ease of clarity and reference, these nominees are grouped asfollows.'

A. Re-Appointments:

SINO. NAME STATE

1. Mrs. Fidelia Akuabata Njeze Enugu

2. Elder Peter Godsday Orubebe Delta

3. Arch. Nuhu Soma Wya Kaduna

4. Chief , SAN Ondo

5. Mr. , SAN Rivers

6. Sen. Osun

7. Mrs. Diezani Alison-Madueke Bayelsa

8. Dr. Shamsudeen Usman Kana

9. Prof Anambra

r "h.'e_,'.,·. , No. 75 Wednesday, 23rd March, 2010 537

B. New Nominations:

• SINO. NAMES STATE

1. Mr. Chukwuemeka Ngozichineke Wogu Abia

2. Iyom , mni Anambra

3. Mr. Labaran Maku Nasarawa

4. Engr. Chris Ogiemwonyi Edo

5. Alh. Suleiman Bello ZamJara

6. Alh. Murtala Yar 'Adua Katsina

7. Sen. Sanusi M Dagash Borno

8. Sen. Bauchi

9. Hon. Nduese Essien Akwalbom

10. Mrs. Josephine Tapgun Plateau

11. , SAN Kogi

12. Navy Capt. Earnest Olubolade (Rtd.) Ekiti

13. Mr. Olusegun Olutoyin Aganga Lagos

14. Prof M.K. Abubakar Kebbi

15. Alh. Adamu Waziri Yobe

16. Alh. Umar Aliyu Taraba 17. Mr. Awodele Najeem Adewale Alao . Ogun

18. Alh. Abubakar Sadiq Mohammed Gombe

19. YusuJ Suleiman Sokoto

20. Prof Ruqaiya Rufai Jigawa

21. . Arc. Musa Sada •. ,< ~'.', Katsina "'C ':" 22. Prof Sheik Abddallah Niger

23. Capt. Imo

24. Sen. Jibril Martins Kuye Ogun 538 Wednesday, 24th March, 2010 No. 75

4. Please, accept the assurances of my esteemed regards.

Yours sincerely,

Signed: Dr. Goodluck Ebele Jonathan, GCON

4. Announcements: (a) Change of Party Affliation: The Senate President read a letter from Senator Sahabi Alhaji Ya'u as follows:

SENATOR SAHABI ALHAJI YA'U IZAMFARA NORTH) The Senate of the Federal Republic of Nigeria Three Arms Zone, FeT,Abuja

March 23, 2010 His Excellency, Distinguished Senator David Mark, President of the Senate.

Your Excellency,

CHANGE OF POLITICAL PARTY

I write to inform you, and my Distinguished Colleagues, officially of my decision tojoin the Peoples Democratic Party, PDP, from the All Nigeria Peoples Party, ANPP. My decision is anchored on the continuing and multi-faceted crises that have bedevilled the ANPP, which has created not only credibility problems but has undermined party discipline, cohesion and focus. I have found in the PDP the political ideology and national spread that are in consonance with my personal political philosophy; this ideology also seems best suited to meet the expectations of my constituency.

We have since concluded the necessary formal change of party procedures in the Constituency.

Thankyou and long live the Federal Republic of Nigeria.

Signed: Senator Sahabi Alhaji Ya'u Zamfara North No. 75 Wednesday, 24th March, 2010 539

(b) Change of Party Affliation: The Senate President also read a letter from Senator Hassan Mohammed Gusau as follows:

SENATOR HASSAN MOHAMMED GUSAU \LAMFARA CENTRAL) The Senate of the Federal Republic of Nigeria Three Arms Zone, FCT,Abuja

18" March, 2010 Senator (Dr.) David A.B. Mark, GCON Senate President, Senate of the Federal Republic of Nigeria. National Assembly, Abuja.

Sir,

ANNOUNCEMENT: MY DECAMPING TO PDP

[wish to inform you and the entire Senate of the Federal Republic of Nigeria that [have decamped from the ANPP to PDP on Monday, 22"d March, 2010, now a card-carrying member of the party.

My action is because my former party the ANPP, has been split due to multiple crises and can no longer function as a serious political party to meet the aspirations of the people.

Since [ do not want to live in a divided house, [ and my teeming supporters have no option, than to seek abode under the big umbrella.

Thank you.

Signed: Sen. Hassan Mohammed Gusau

5. Committee on Ethics, Code of Conduct and Public Petitions: Report on the screening oj Nominees:

Motion made: That the Senate do receive the Report of the Committee au Ethics. Code of Conduct .v , and Public Petitions on the screening of the following Persons as Chairman and Members of the Code of Conduct Bureau: . 540 Wednesday, 24th March, 2010 No.7S

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 [kechi Nwadinobi Member

8. Dr. Ademola Adebo Member

(Senator Omar A. Hambagda - Borno South). Question put and agreed to.

Report Laid.

6. Committee on Appropriation: Report on the 2010 Appropriation Bill (SB. 364): Motion made:That the Senate do receive the Report of the Committee on Appropriation on the 2010 Appropriation Bill (Senator Iyiola Omisore - Osun East)

Question put and agreed to.

Report Laid.

7. Motion: Passing away of the Eleventh Lamido of Adamawa, Alhaji Dr. Aliyu Mustafa, CFR, CBE: Motion made: That the Senate notes with sadness, the passing away at 6.45 p.m on Saturday, March 13,2010, in his Palace in the Adamawa State Capital, Yola, of His Highness, the Lamido of Adamawa, Alhaji Dr. Aliyu Mustafa, Commander of the Federal Republic (CFR) , Commander of the Noble Order of the British Empire (CBE), Chancellor of the Abmadu Bello University;

Notes that the late Lamido Aliyu was born in Yola in 1922, the son of the late Lamido Mubammadu Mustafa, the son the late Lamido Abba, the son of the late lamido Bobbo Abmadu, the son of the late Modibbo Adama, the founder of the Kingdom of Fombina, later re-named Adamawa, now straddling Nigeria, the Cameroons, and a part of Chad;

Notes that Lamido Aliyu received his Primary and Middle School Education in Yola from 1936 to 1943. Shortly after, he joined the Adamawa Native Authority Police and quickly rose to become the Police Chief in 1945 with the title of Wali; No. 75 Wednesday, 24th March, 2010 541

Notes that Wali Prince Aliyu, was chosen and appointed the Lamido of Adamawa on July 26, 1953 in succession to the 1Ot,hLamido, Ahmadu son of Lamido Maigari. Lamido Aliyu was thus one of the last surviving paramount Chiefs installed by the British, having received his staff of office from last but one Northern Nigeria British Governor, Sir Bryan Sherwood Smith;

Notes that during his 57 years reign, Lamido Aliyu served as a Member of the Northern Nigeria House of Chiefs and on its Public Accounts Committee, as well as on the Board of the Northern Nigeria Development Corporation, NNDC. He was later a Member of the North Eastern State Council of Chiefs (1967-78) and, on the creation of Gongola State, he assumed the Presidency of the State Council of Chiefs. He was installed the Chancellor of the Ahmadu Bello University in 1976, and appointed a Member of the National Council of States in 1979. Until his recent translation, remained the Premier Traditional Ruler of Adamawa State; and a pillar of the Sokoto Caliphate and of the entire traditional institution of Nigeria;

Notes that the late Lamido Aliyu reigned for 57 years and lived to be 88 years of age. He and his reign witnessed tremendous political, social and economic changes in Nigeria and in Adarnawa. Larnido Aliyu accepted and adapted well to all those changes and challenges with Pulaaku, dignity, faith and hope and used them to entrench peace and progress. His ancestral Kingdom of Fombina, that used to straddle large parts of Nigeria, the Camerouns and a part of Chad, is now made up of only my Senatorial District plus one other Local Govermnent. Yet, Lamido Aliyu retained until death his pre-eminence, his respect and presence especially among his people of Adamawa in Nigeria, and especially among the traditional institutions including the Chiefs of former Fombina who are now in other countries, and he was still accorded spiritual recognition of the primacy of the Lamido, by all those Chiefs;

Notes furthermore, that the late Larnido Aliyu was blessed with a very large family of children, grand children and great grand children, in addition, to many brothers and sisters as well as the expansive Royal family of Adamawa. His offspring have contributed greatly to different aspects of this country's public sector. His eldest son, Chiroma, Alhaji Muharmnadu Barkindo, has now succeeded him as the 12th Lamido of Adamawa, himself after a successful career in the public service and in the Adamawa Emirate Council;

Notes that some of us had contact with the Late Lantido not only by virtue of being Senators. We learnt plenty from him and, in our young careers had the honour of attending to him and members of his family. We therefore feel a deep sense of loss at his departure;and

For all these, Mr. President, finally, we invite Senate to note, once more, the loss to this great nation, of this father, eminent traditional rnIer, man of peace, wise Counsellor> and a great builder of Nigeria, the late Lamido Aliyu Mustafa.

Accordingly resolves to: (i) Deeply mourn the loss to the whole nation of this illustrious Nigerian leader, Lantido Dr.Aliyu Mustafa, CFR;

(ii) Observe a minute's silence in his honour; and 542 Wednesday, 24th March, 2010 No. 75

(iii) Send a Senate delegation to pay condolence visit to the people, the Adamawa Emirate and the New Lamido as well as to the Government of Adamawa State (Senator lubril M. Aminu - Adamawa Central)

Debate.' Proposed Resolution (i) Deeply mourn the loss to the whole nation of this illustrious Nigerian leader, Lamido Dr.Aliyu Mustafa, CFR; - Agreed to.

Proposed Resolution (ii) Observe a minute's silence in his honour - Agreed to.

Proposed Resolution (iii) Send a Senate delegation to pay condolence visit to the people, the Adamawa Emirate and the New Lamido as well as to the Government of Adamawa State - Agreed to.

Resolved: That the Senate do: (i) Deeply mourn the loss to the whole nation of this illustrious Nigerian leader, Lamido Dr.Aliyu Mustafa, CFR

(ii) Observe a minute's silence in his honour; and

(iii) Send a Senate delegation to pay condolence visit to the people, the Adamawa Emirate and the New Lamido as well as to the Government of Adamawa State (S.Res/3/073)

One minute silence accordingly observed.

Senate Delegation to Adamawa State: The Senate President named the following Distinguished Senators as members of Senate delegation to Yola,Adamawa State:

(i} Senator Maina Ma'aji Lawan - Leader of the Delegation (iO Senator Sahabi A. Ya'u (iii) Senator Adamu Sidi-Ali (iv) Senator Annie Okonkwo (v) Senator Bob D. Effiong (vi) Senator Kamorudeen A. Adedibu

Senators from Adamawa State were urged to join the delegation.

8. Committee on the Review of the 1999 Constitution: Report on the Alteration of the Constitution of the Federal Republic of Nigeria Bill 2010 (SB. 277 and 289): Motion made.' That the Senate do resume consideration of the Report of the Committee on the Review of the 1999 Constitution to alter the provisions of the Constitution of the Federal Republic ,;.,," .,,4,,>; ." of Nigeria 1999 and forother Matters Connected Thereto 2010 (Senate Leader).. ; , ';.!,.,-,,..~' ". • No. 75 Wednesdal', 24th March, 2010 543

Questionput and agreed to.

Section 65: Qualification for Election: (2) A person shall be qualified for election under Subsection (1) of this Section if -

(a) he has been educated up to tertiary level; and

(b) he is a member of apolitical party and is sponsored by thatparty or he is an independent candidate.

(3) A person standing for election as an independent candidate shall be qualified for election if he is nominated by not less than ten registered voters in each of at least two thirds of the wards in the Senatorial District in the case of a Senator or fifteen registered voters in each of at least two-thirds of the electoral wards in a federal constituency, in the case of a member of House of Representative, whose signatures on the nomination form shall be verified by the Independent National Electoral Commission.

Question: That Section 65 do stand part of the Bill:

ROllCAlL: YES 82

NOES 8

ABSTAIN o

TOTAL 90

Question by Roll Call Vote - Agreed to.

Section 66: Disqualifictuions: (1) No person shall be qualifiedfor election to the Senate or the House of Representatives if- (d) within a period of less than ten years before the date of an election to a legislative house, he has been convicted and sentenced for an offence involving dishonesty or he has been found guilty of a contravention of the Code of Conduct or any Act of the National Assembly or any other law relating to electoral offences.

Question: That Section 66(1) do stand part of the Bill.

ROllCAlL: .~.- .- ,'..~. 544 Wednesday, 24th March, 2010 No. 75

YES 82

NOES 8

ABSTA1N o

TOTAL 90

Question by Roll Call Vote - Agreed to.

(h) he has been indicted for embezzlement or fraud by a Judicial Commission of inquiry or an Administrative Panel of Inquiry or a Tribunal set up under the Tribunals of Inquiry A ct, a Tribunal of Inquiry law or any other Law by the Federal or State Government which indictment has been accepted by the Federal or State Government, respectively;

Question that the provision in Subsection 66 (1) (h) be expunged.

ROll CALL:

YES 82

NOES 8

ABSTAIN o

TOTAL 90

Question by Roll Call Vote - Agreed to.

Section 68: Tenure of Seat of Members: (1) A member of the Senate or of the House of Representatives shall vacate his seat in the House of which he is a member if-

(g) being a person whose election to the House was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected;

Provided that his membership of the latter political party is not as a result of a division inthe political party of which he was previously a member or a merger or two or more political parties or Election by one of which he was previously sponsored"

Question: That Section 68 (1)(g) be expunged. No. 75 Wednesdav, 24th March, 2010 545

ROLL CALL:

YES 75

NOES 18

ABSTAIN o

TOTAL 93

Question by Roll Call Vote - Agreed to.

Section 69: Recall: A member of the Senate or of the House of Representatives may be recalled as such a member if -

(a) there is presented to the Chairman of the Independent National Electoral Commission a petition in that behalf signed by more than one half of the persons registered to vote in that member which signatures are duly verified by the Independent National Electoral Commission.

Question: That Section 69 do stand part of the Bill.

ROUCAU:

YES 87

NOES 1

ABSTAIN 1

TOTAL 89

Question by Roll Call Vote - Agreed to.

Section 75: Ascertainment of Population: For the purpose of section 72 of this Constitution, the number of inhabitants of Nigeria or any part thereof shall be ascertained by reference to the latest census held in pursuance of an Act of the National Assembly.

Question: That Section 75 do stand part of the Bill.

'" 546 Wednesday, 24th March, 2010 No. 75

ROU CALL:

YES 93

NOES 1

ABSTAIN o

TOTAL 94

Question by Roll Call Vote - Agreed to.

Section 76: Time of election to the National Assembly: (1) Elections to each House of the National Assembly shall be held on a date to be appointed by the 1ndependent National Electoral Commission.

(2) The date mentioned in subsection (I) of this section shall not be earlier than one hundred and fifty days before and not later than ninety days before the date on which the House stands dissolved, or where the election is to fill a vacancy occurring more than ninety days before such date. not later than thirty days after the vacancy occurred.

Question: That Section 76 do stand part of the Bill.

ROUCALL:

YES 92

NOES o

ABSTAIN o

TOTAL 92

Question by Roll Call Vote - Agreed to.

Section 81: Authorization of expenditure from the consolidated Revenue Fund: (3) The amount standing to the credit of the- (a) Independent National Electoral Commission.

(b) National Assembly,

(c) Judiciary;

in the Consolidated Revenue Fund of the Federation shall be paid directly to the said bodies respectively; in the case of the No. 75 Wednesday, 24th March, 2010 547

Judiciary, such amount shall be paid to the National Judicial Council for disbursement to the heads of the courts established for the federation and the States under section 6 of this Constitution.

Question: That Section 81 do stand part of the Bill.

ROUCAIL:

YES 94

NOES 1

ABSTAIN o

TOTAL 95

Question by Roll Call Vote - Agreed to.

Section 84: Remuneration, etc of the President and certain other officers,

(8) The recurrent expenditure of the Independent National Electoral Commission in addition to election expenses shall be a charge upon the Consolidated Revenue Fund of the Federation.

Question: That Section 84 do stand part of the Bill.

ROUCAIL:

YES 96

NOES o

ABSTAIN o

TOTAL 96

Question by Roll Call Vote - Agreed to.

Section 106: Qualifications for Elections:

(1) (d)' he is a member of a political party and is sponsored by that party or he is an independent candidate.

(2) A person standing for an election to a House of Assembly as an independent candidate shall be qualifiedfor an election ifhe is nominated by not less than twenty registered voters in each of at least two-thirds of 548 Wednesday, 24th March, 2010 No. 75

the wards in the constituency each of whose signatures on the nomination form shall be verified by the Independent National Electoral Commission ..

Question: That Section 106 do stand part of the Bill.

ROLL CALL:

YES 93

NOES 1

ABSTAIN o

TOTAL 94

Question by Roll Call Vote - Agreed to.

Section 107: Disqualifications

(1) No person shall be qualifiedfor election to a House of Assembly if-

(h) he has been indicted for embezzlement or fraud by a Judicial Commission of inquiry or an Administrative Panel of Inquiry or a Tribunal set up under the Tribunals of Inquiry Act, a Tribunal of Inquiry law or any other Law by the Federal or State Government which indictment has been accepted by the Federal or State Government, respectively;

Question: That Section 107 (1)(h) be expunged.

ROLL CALL.'

YES 85

NOES 9

ABSTAIN o

TOTAL 94

Question Oy Roll Call Vote - Agreed to.

Section 110: Recall:

A member of the House of Assembly may be recalled as such a member if -

(a) there is presented to the Chairman of the Independent National electoral '''''''~ Commission a petition in that behalf sigru;g bymorethan one-half of the ....,j';_.~ No. 75 Wednesday, 24th March, 2010 549

persons registered to vote in that member's constituency alleging their loss of confidence in that member; and which signatures are duly verified " by the Independent National Electoral Commission.

Question: That Section 110 do stand part of the Bill.

ROUCAU:

YES 96

NOES o

ABSTAIN o

TOTAL 96

Question by Roll Call Vote - Agreed to.

Section 116: Time of elections to House of Assembly: (1) Elections to a House of Assembly shall be held on a date to be appointed by the Independent National Electoral Commission.

(2) The date mentioned in subsection (I) of this section shall not be earlier

than one hundred and fifty days before and not later than ninety days before the date on which the House stands dissolved, or where the election is to fill a vacancy occurring more than ninety days before such date, not later than thirty days after the vacancy occurred.

Question thatSection 116 do stand part of the Bill.

ROUCAU:

YES 92

NOES o

ABSTAIN o

TOTAL 92

Question by Roll Call Vote - Agreed to.

Section 121: Authorization of Expenditure from Consolidated Revenue Fund: (3) Any amount standing to the credit of the judiciary in the Consolidated Revenue Fund of the State shall be paid directly to the heads of the courts concerned. 550 Wednesday, 24th March. 2010 No. 75

(4) Any amount standing to the credit of the House of Assembly or the judiciary in the Consolidated Revenue Fund of the State shall be paid directly to;

(a) the House of Assembly of the State; and

(b) the heads of the courts concerned; respectively.

Question: That Section 121 do stand part of the Bill.

ROUCAU:

YES 94

NOES o

ABSTAIN o

TOTAL 94

Question by Roll Call Vote - Agreed to.

Section 131: QUalificationfor Election as President (1) A Person shall be qualifiedfor election to the office of President if- (a) he is a citizen of Nigeria by birth;

(b) he has attained the age offorty years;

(c) he is a member of a political party and is sponsored by that political party or he is an independent candidate; and

(d) he has been educated up to tertiary level and obtained the relevant certificates.

(2) A candidate who intends to contest election to the office of President as an independent candidate shall be qualifiedfor election ifhe is nominated by not less than one registered voter. in each of at least two thirds of the wards in the Federation. whose signatures on the nominationform shall be verified by the Independent National Electoral Commission.

Question: That Section 131 do stand pan of the Bill.

ROUCAU:

YES 89

NOES 3

..•• mJ,;. No. 75 Wednesday. 24th March, 2010 551

ABSTAIN o

TOTAL 92

Question by Roll Call Vote - Agreed to.

Section 132: Election of the President: General (2) An election to the said office shall be held on a date not earlier than one hundred andfifty days and not later than ninety days before the expiration of the term Ofoffice of the last holder of that office.

Question: That Section 132 do stand part of the Bill.

ROll CAlL:

YES 94

NOES o

ABSTAIN o

TOTAL 94

Question by Roll Call Vote ~ Agreed to.

Section 135: Tenure of Office of President:

(2) Subject to the provisions of subsection (1) of this section the President shall vacate his office at the expiration of a period of four years commencing from the date, when:

(c) in the determination of'thefour year term, where a re-run election has taken place and the person earlier sworn in wins the re-run election, the time spent in the office before the date the election was annulled, shall be taken into account.

Question: That Section 135 do stand part of the Bill.

ROll CAlL:

YES 88

NOES 2

ABSTAIN o

TOTAL"'" . 90 552 Wednesday, 24th March, 2010 No, 75

Question by Roll Call Vote - Agreed to.

Section 137: Disqualifications (1) A Person shall not be qualifiedfor election to the office of President if- (e) within a period of less than ten years before the date of the election to the office of President he has been convicted and sentenced for an offence involving dishonesty or he has been found guilty to the contravention of the code of conduct.

(i) he has been indicted for embezzlement or fraud by a Judicial Commission of Inquiry or an Administrative Panel of Inquiry or a Tribunal set up under the Tribunal of Inquiry Act, a Tribunals of Inquiry Law or any other law by the Federal or State Government which indictment has been accepted by the Federal or State Government respectively.

Question: That Section 137 (1)(i) be expunged.

ROLL CALL:

YES 90

NOES 5

ABSTAIN o

TOTAL 95

Question by Roll Call Vote - Agreed to.

Section 156: Qualification for Membership: 156. (1) No person shall be qualifiedfor appointment as a member of any of the bodies aforesaid if - (a) he is not qualified or ifhe is disqualifiedfor election as a member of the House of Representatives, provided that a member of any of these bodies shall not be required to belong to apolitical party, and in the case of the Independent National Electoral Commission, he shall not be a member of a political party.

Question: That Section 156 do stand part of the Bill.

ROLL CALL:

YES 93

NOES 1

" ',.'~ ··r- No. 75 Wednesday, 24th March, 2010 553

ABSTAIN o

TOTAL • 94

Question by Roll Call Vote - Agreed to.

Section 160: Powers and Procedure: (1) Subject to subsection (2) of this section, any of the bodies may, with the approval of the President, by rules or otherwise regulate its own procedure or confer powers and impose duties on any officer or authority for the purpose of discharging its junctions, provided that in the case of the Independent National Electoral Commission, its powers to make its own rules or otherwise regulate its own procedure shall not be subject to the approval or control of the President.

Question: That Section 160 do stand part of the Bill.

ROUCALL:

YES 93

NOES 1

ABSTAIN o

TOTAL 94

Question by Roll Call Vote - Agreed to.

Section 177: Qualification for Election as Governor: (1) A Person shall be qualified for election to the office of Governor of a State if- .

(c) he is a member of Political Party and is sponsored by that Political Party or he is an independent candidate, and

Question:' That Section 177 (1) ( c) do stand part of the Bill.

ROUCALL: , ,' ..

YES 92

NOES o

ABSTAIN o "

I 554 Wednesday, 24th March, 2010 No. 75

TOTAL 92

Question by Roll Call Vote - Agreed to.

(d) he has been educated up to tertiary level and obtained the relevant certificates.

Question: That Section 177 (1) (d) do stand part of the Bill.

ROIL CAIL:

YES 88

NOES 6

ABSTAIN o

TOTAL 94

Question by Roll Call Vote - Agreed to.

(2) A person. standing for an election to the office of Governor of a State as an independent candidate shall be qualifiedfor election ifhe is nominated by not less than five registered voters in each of at least two-thirds of the wards in the State whose signatures on the nomination form shall be verified by the Independent National Electoral Commission.

Question: That Section 177 (2) do stand pan of the Bill.

ROIL CAlL:

YES 88

NOES o

ABSTAIN 1

TOTAL 89

. ,., Question by Roll Call Vote- Agreed to.

Section 178: Election of Governor: (2) An election to the office of Governor of a State shall be held on a date not earlier than one hundred and fifty days and not later than ninety days before the expiration of the term of office of the last holder of that office .

. c ••••. ,~:"",,;, '":''' .. , .'$':' ,.",""""':' . ' ' ,,,,.,'1+1.'." ""'i'>Jil' .!I!II!I!I.,lJ.IIIl.~E':_ No. 75 Wednesday, ua. March, 2010 555

Question: That Secti?n 178 do stand part of the Bill.

ROllCAlL:

YES 89

NOES o

ABSTAIN 1

TOTAL 90

Question by Roll Call Vote - Agreed to.

Section 180: Tenure of office of Governor: (1) Subject to theprovisions of this Constitution, aperson shall hold the office of Governor of a State until:

(a) when his successor in office takes the oath of that office; or

(b) he dies whilst holding such office; or

( c) the date when his resignationfrom Officetakes effect; or

(d) he otherwiseceasesto holdofficein accordancewiththeprovisions of this Constitution.

(2) Subject to the provisions of subsection (1) of this section the Governor shall vacate his office at the expiration of a period of four years commencingfrom the date when

(a) in the case of a person first elected as a Governor under this Constitution, he took the oath of Allegiance and oath of office; and

(b) the person last elected to that office took the Oath of Allegiance and oath of office or would, but for his death, have taken such oaths.

(c) in the determination of thejour year term, where a re-run election. has taken place and the person earlier sworn in wins the re-run election, the time spent in office before the date the election was annulled, shall be taken into account.

Question: That Section 180 do stand part of the Bill.

.t" .f; '; 556 Wednesday, 24th March.!..,=.20"'J'-'O'-- ...... :..N","'0"-. ,;,,7::...... 5

ROLL CALL:

YES 88

NOES 4

ABSTAIN o

TOTAL 92

Question by Roll Call Vote - Agreed to.

Section 182: Disqualifications: (1) No Person shall be qualifiedfor election to the office of Governor of a State if- (i) he has been indicted for embezzlement or fraud by a Judicial Commission of Inquiry or an administrative Panel of Inquiry or a Tribunalset up under the Tribunals of Inquiry Act, a Tribunals of Inquiry Law or any other law by the Federal or State Government which indictment has been accepted to the Federal or State Government; or

Question: That Subsection 182 (l) (i) be expunged.

ROLL CALL:

YES 87

NOES 6

ABSTAIN o

TOTAL 93

Question by Roll Call Vote - Agreed to.

Section 200: Qualification for Membership: (1) No person shall be qualifiedfor appointment as a member of any of the . .bodies aforesaid if - . (a) he is not qualified or ifhe is disqualifiedfor election as a member of a House of Assembly, provided that a member of any of the said bodies shall not be required to belong to a political party, and in the case of State Independent Electoral Commission he shall not be a member of a political party .

.,. .* Qitestio'f{;'That Section 200 do stand part of the Bill.. No. 75 Wednesday, 24th March, 2010 557

ROLL CALL:

YES 91

NOES o

ABSTAIN o

TOTAL 91

Question by Roll Call Vote - Agreed to.

Section 221: Prohibition of Political activities by certain associations: (1) No association, other than a political party. shall canvass for votes for any candidate at any election or contribute to the funds of any political party or to the election expenses of any candidate at an election. except in the case of an independent candidate.

Question: That Section 221 do stand part of the Bill

ROLL CALL:

YES 77

NOES 6

ABSTAIN o

TOTAL 83

Question by Roll Call Vote - Agreed to.

Section 222: Restriction on formation of political parties: (1) No association by whatever name called shallfunction as a political party, unless-

(a) the names and address of its national offices are registered with the Independent National Electoral Commission

- • ,/. \,>.~.,.~. -:- • ,.'.-;•. (b) the membership of the association is open to every citizen of . Nigeria irrespective of his place of origin. circumstance of birth. sex, religion or ethnic grouping;

(c) a copy of its constitution is registered in the principal office of the Independent National Electoral Commission in such form as may . be prescribed bythe Independent National e!ec:to.r:t:l(f£i=issi~~c 558 Wednesday, 24th March, 2010 No. 75

(d) any alteration in its registered constitution is also registered in the principal office of the Independent National Electoral Commission within thirty days of the making of such alteration;

(e) the name of the association. its symbol or logo does not contain any ethnic or religious connotation or give the appearance that the activities of the association are confined to a part only of the geographical area of Nigeria; and

(j) the headquarters of the association is situated in the Federal Capital Territory. Abuja.

Question: That Section 222 be expunged.

ROLL CALL:

YES 90

NOES o

ABSTAIN o

TOTAL 90

Question by Roll Call Vote - Agreed to.

Section 223: Constitution and Rules of Political Parties: (1) The constitution and rules of a political party shall- (a) Providefor the periodical election on a democratic basis of the principal officer and members of the executive committee or other governing body of the political party; and

(b) Ensure that t he members of the executive committee or other governing body of thepolitical party reflect thefederal character of Nigeria.

(2) For the purposes of this section- (a) The election of the officer or members of the executive committee of a political party shall be deemed to be periodical only if it is made at regular intervals not exceedingfour years,· and ",.,

The members of the executive committee or other governing body of the political party shall be deemed to reflect the federal character of Nigeria only if the members thereof belong to different States not being less in number than two-thirds of all the States of the Federationand the Federal Capital Territory. Abuja. No. 75 Wednesday, 24th March, 2010 559

Question: That Section 223 be expunged.

ROLL CALL:

YES 86

NOES o

ABSTAIN 1

TOTAL 87

Question by Roll Call Vote - Agreed to.

Section 224: Aims and objects: The programme as well as the aims and object of a political party shall conform with the provisions of Chapter II of this constitution.

Question: That Section 224 be expunged.

ROLL CALL:

YES 90

NOES o

ABSTAIN o

TOTAL 90

Question by Roll Call Vote - Agreed to.

Section 225: Finances of Political Parties: (1) Every political party shall. at such times and in such manner as the 1ndependent National Electoral Commission may require, submit to the Independent National Electoral Commission and publish a statement of its assets and liabilities.

(2) Every political party shall submit to the Independent National Electoral Commission a detailed annual statement and analysis of its sources of funds and other assets together with a similar statement of its expenditure in such form as the Commission may require.

(3) No political party shall- (a) Hold or possess any funds or other assets outside Nigeria, or

(b) Be entitled to retain any funds or assets remitted or sent to itfrom _out~ide}!igelja"f.1~"f"" -""'_ ".-,,' ,-, •... ',i.,.., ,,~t'l;< k[,1'{:'.~,·i,~,%- .' "";"';;·.m.!iilU 560 Wednesday. 24th March. 2010 No. 75

(4) Anyfunds or other assets remitted or sent to apolitical party from outside Nigeria shall be paid over or transferred to the Commission within twenty-one days of its receipt with such information as the Commission may require.

(5) The Commissionshall have power to give directions to political parties regarding the books or records of financial transactions which they shall keep and, to examine all such books and records.

(6) The powers conferred on the Commission under subsection (4) of this section may be exercised by it through any members of its staff or any person who is an auditor by profession, and who is not a member of a political party.

Question: That Section 225 be expunged. , ROLL CALL:

YES 92

NOES o

ABSTAIN o

TOTAL 92

Question by Roll Call Vote- Agreed to.

Section 226: Annual report on Finances: (1) The Independent National Electoral Commission, shall in every year prepare and submit to the National Assembly a report on the accounts and balance sheet of everypolitical party.

(2) It shall be the duty of the Commission, in preparing its report under this section, to carry out such investigationas will enable it toform an opinion as to whether proper books of accounts and proper records have been kept by any political party, and if the Commission is of the opinion that proper books of accounts have been kept by a political party, the Commission shall so report.

(3) Every member of the Commission or its duly authorized agent shall- (a) Have a right of access at all times to the books and accounts and vouchers of all political parties; and

(b) Be entitled to requirefrom the officers of thepolitical party such information and explanation as he thinks necessary for the performance o.{,hisduties under this Constitution, and if thee ", - '~;cj;"";:Ii'I'1;.~ No. 75 Wednesday, 24th March, 2010 561

member of the Commission or such agent fails or is unable to obtain all the information and explanation which to the best of his knowledge and belief are necessary for the purposes of the investigation, the Commission shall State that fact in its report.

Question: That Section 226 be expunged.

ROU CALL:

YES 92

NOES o

ABSTAIN 1

TOTAL 93

Question by Roll Call Vote - Agreed to.

Section 227: Prohibition of quasi-military organization: No association shall retain, organize, train or equip any person or group of persons for the purpose of enabling them to be employed for the use or display of physical force or coercion in promoting any political objective or interest or in such manner as to arouse reasonable apprehension that they are organized and trained or equipped for that purpose.

Question: That Section 227 be expunged.

ROU CALL:

YES 90

NOES o

ABSTAIN o

TOTAL 90

Question by Roll Call Vote - Agreed to.

" '" 'I 0,'·"",·',- Section 228: Powers of the National Assembly with respect to political parties:

The National Assembly may by law provide - (a) For guidelines and rules to ensure internal democracy within political parties, including making laws for the conduct of party primaries, party congresses and party conventions. 562 Wednesday, 24th March, 2010 No. 75

Question: That Section 228 (a) do stand part of the Bill.

ROlLCALL:

YES 89

NOES 2

ABSTAIN o

TOTAL 91

Question by Roll Call Vote - Agreed to.

(b) For the conferment on the Independent National Electoral Commission of powers as may appear to the National Assembly to be necessary or desirable for the purpose of enabling the Commission more effectively to ensure that political parties observe the practices of internal democracy, including the fair and transparent conduct of party primaries, party congresses and party conventions.

Question: That Section 228 (b) do stand part of the Bill

ROlLCAlL:

YES 90

NOES o

ABSTAIN 1

TOTAL 91

Question by Roll Call Vote - Agreed to.

Section 229: Interpretation: In this Part of this Chapter, unless the context otherwise require- "association" means anybody oj persons corporate or unincorporate who agree to act together jor imy common purpose, and included an association formed for any ethnic, social, cultural, occupational or religious purpose,; and

Question: That "association" be expunged.

"political party" includes any association whose activities include canvassing jor votes in support oj a candidate for election to the office of President, Vice-President, Governor, Deputy Governor or membership of a legislative house,*'iAi.I#"'~~ No. 75 Wednesday, 24th March, 2010 563

or of a local government council.

Question: That Section 229 do stand part of the Bill.

ROIL CALL:

YES 87

NOES o

ABSTAIN o

TOTAL 87

Question by Roll Call Vote - Agreed to.

Section 246: Appeal from Code of Conduct Tribunal and other Courts and Tribunals: (1) An appeal to the Court of Appeal shall lie as of rightfrom -

(b)decisions of the Election Tribunals on any question as to whether -

(3) The decision of the Court of Appeal in respect of appeals arising from electionpetitions shall befinal, provided that an interlocutory application may be decided during the delivery of judgement.

Question: That Section 246 do stand part of the Bill

ROIL CALL:

YES 92

NOES o

ABSTAIN o

TOTAL 92

Question by Roll Call Vote - Agreed to.

Section 285: Establishment of election tribunals and time for determination of election petitions: (1) there shall be establishedfor each State of the Federation and the Federal Capital Territory one or more election tribunals to be known as the Election Tribunals which shall, to the exclusion of any Court or Tribunal, have originaljurisdiction to hear and determine petition as to whether - 564 Wednesday, 24th March, 2010 No. 75

(a) any person has been validly elected as a member of the National Assembly;

(b) any person has been validly elected to the Office of the Governor or Deputy Governor of a State;

(c) any person has been validly elected as a member of the House of Assembly of a State.

Question: That Subsection 285 (1) do stand part of the Bill.

ROllCALL:

YES 89

NOES o

ABSTAIN o

TOTAL 89

Question by Roll Call Vote - Agreed to.

(2) There shall be established in each State of the Federation one or IIWre election tribunals to be known as the Governorship and Legislative Houses Election Tribunals which shall, to the exclusion of any court or tribunal, have original jurisdiction to hear and determine petitions as to whether any person has been validly elected to the office of Governor or Deputy Governor or as a member of any legislative houses

Question: That the provision in Subsection 285 (2) be expunged.

sou.csu:

YES 78

NOES o

ABSTAIN o

TOTAL 78

Question by Roll Call Vote - Agreed to.

:;..,' No. 75 Wednesday. 24th March, 2010 565

(3) The composition of the Election Tribunals shall be as set out in the Sixth Schedule to this Constitution.

Question: That Subsection 285 (3) do stand part of the Bill.

ROIL CALL:

YES 83

NOES o

ABSTAIN o

TOTAL 83

Question by Roll Call Vote - Agreed to.

(4) The quorum of an Election Tribunal established under this Section shall be the' Chairman and one other member.

Question: That Subsection 285 (4) do stand part of the Bill.

ROIL CALL:

YES 82

NOES 2

ABSTAIN o

TOTAL 84

Question by Roll Call Vote - Agreed to.

(5) (a) An election petitions shall be filed within 21 days after the date of the declaration of results of the elections;

(b) An election tribunal shall deliver its judgment in writing within 180 days from the date of the filing of the petition; (c) An appeal from a decision of an election tribunal or court shall be

heard and disposed of within 60 days from the date of the delivery ofjudgment of the tribunal.

Question: That Subsection 285 (5) do stand part of the Bill. '~<'~',~'..~of,',",;, :-; ,,' -; ~~f,'1';,"<,;;,__'·::../kE:._-~·· ":'l'~:-"--'c' .."",,;-, 566 Wednesday, 24th March, 2010 No. 75

ROLL CALL:

YES 76

NOES 4

ABSTAIN o

TOTAL 80

Question by Roll Call Vote - Agreed to.

Section 318: Interpretation:

"Independent Candidate" means a person seeking elective office and who is not sponsored by anypolitical party and satisfies the requirements of the Constitution, Electoral Act. and any other law made by the National Assembly. (c) either- (i)service in thepublic orprivate sector in the Federation in any capacity for a minimum of ten years, or (U) attendance at courses and trainings in institutions for a minimum period of one year

"Relevant Certificates" means - (a) Ordinary National Diploma or its equivalent; or

(b) Nigerian Certificate in Education; or

(c) Higher School Certificate; or its equivalent; or

(d) Advanced Diploma or its equivalent; or

(e) Higher National Diploma; or its equivalent

if) First Degree;from recognized institutions.

Question: That Section 318 do stand part of the Bill.

ROLL CAlL:

YES 87

NOES 2

ABSTAIN o

TOTAL'{jJ"'h - No. 75 Wednesday, 24th March, 2010 567

Question by Roll Call Vote - Agreed to.

Second Schedule

Second Schedule Part II, Item 11:

CONCURRENT LEGISLATIVE ust

11. The National Assembly may make laws for the Federation with respect to the registration of voters.

Question: That Paragraph II under the head "Concurrent Legislative List" do stand part of the Schedule to the Bill.

ROllCAU: YES 86

NOES o r

ABSTAIN o

TOTAL 86

Question by Roll Call Vote - Agreed to.

Third Schedule

Paragraph 14:

Third Schedule, Part I

(1) The Independent National Electoral commission shall comprise the following members- (a) A Chairman, who shall be the Chief Electoral Commissioner; and

(b) Twelve other members to be known as National Electoral Commissioners who shall be persons of unquestionable integrity and not be less than fifty years and forty years of age, respectively. ,- .- (2) There shall be for each State of the Federation and the Federal Capital Territory, Abuja, a Resident Electoral Commissioner who shall- (a) be appointed by the President subject to confirmation by the Senate,

(b) be persons of unquestionable integrity and shall not be a member of any political party; 568 Wednesday. 24th March. 2010 No. 75

(c) not less than forty years of age.

Paragraph 15

The Commission shall have power (0-

(a) organise, undertake and supervise all elections to the office of the President and Vice-President, the Governor and Deputy Governor of the State. and the membership of the Senate. House of Representative and the House of Assembly of each State of the Federation;

(b) register political parties in accordance with the provisions of this Constitution and an Act of the National Assembly;

(c) monitor the organization and operation of the political parties. including their finances. conventions. congresses and party primaries;

Question that Paragraphs 14 & 15 do stand part of the Schedule to the Bill.

ROlL CAlL:

YES 91

NOES 5

ABSTAIN o

TOTAL 96

Question by Roll Call Vote - Agreed to.

Sixth Schedule

Election Tribunal

Sixth Schedule, Paragraph 1

(1) An National Assembly Election Tribunal shall consist of a Chairman and four two other members.

(2) The Chairman shall be a Judge of a High Court and the four other members shall be appointed from among Judges of a High court. Kadis of a Sharia Court of Appeal, Judges of a Customary Court of Appeal or other members of the judiciary not below the rank of a chief Magistrate.

(3) The Chairman and other members shall be appointed by the President of the Court of Appeal in consultation with the Chief Judge of the State, the Grand Kadi of the Sharia Court of Appeal of the State Or the President of the Customary Court of Appeal of the No. 75 Wednesday, 24th March, 2010 569

State, as the case may be.

Question: That Sixth Schedule Paragraph 1 under the head "Election Tribunal" do stand part of the Schedule to the Bill.

ROllCAlL:

YES 86

NOES o

ABSTAIN o

TOTAL 86

Question by Roll Call Vote - Agreed to. Citation

The Bill may be cited as the Constitution (Second Amendment) Bill, 2010

EXPLANATORY MEMORANDUM

The Bill seeks to amend the Constitution of the Federal Republic of Nigeria 1999, to among others, provide for independent candidate in elections, guaranteeing administrative and financial independence of the Independent National Electoral Commission and ensuring the non elongation of the term of office of elected official beyond the required constitutional term.

Question: That the Explanatory Memorandum do stand part of the Bill.

ROllCAlL:

YES 86

NOES o

ABSTAIN o

TOTAL 86

Question by Roll Call Vote - Agreed to.

Further legislative action on the Bill deferred to the next Legislative Day .

;;': ., 570 Wednesday, 24th M(JJ",cl~I,--=2",0",1:<.0 ...... ;.M!!0~• ..:.7~5

8. Report of the Ad-hoc Committee on the Financial Reporting Council Bil/2010 (SB.IOO):

Consideration of Report deferred to another Legislative Day.

9. Adjournment: And it being 2.50 p.m. the Senate President adjourned the Senate till Wednesday, 24th March, 20l0at lO.OOa.m.

Adjourned accordingly at 2.50 p.m.

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

r-

~, PRINTED BY NATIONAL ASSEMBLY PRESS, ABU/A "'" e •.