7TH NATIONAL ASSEMBLY SECOND SESSION NO.5 47

) ~jiirf.&llnlll.l'IQ.lIIII_~~ SENATE OF THE FEDERAL REPUBLIC OF VOTES AND PROCEEDINGS Wednesday, 4th July, 2012

1. The Senate met at 10:46 a.m. The Senate President read prayers.

2. Votesand Proceedings: The Senate President announced that he had examined the Votes and Proceedings of Tuesday, 3rd July, 2012 and approved same.

By unanimous consent, the Votes and Proceedings were approved.

3. Messagesfrom Mr President: The Senate President announced that he had received two letters from Mr President, Commander-in-Chief of the Armed Forces of the Federation, which he read as follows:

(a) Appointment of Chief Justice of Nigeria:

..~~~ilJ". ~"'~.""~:;:\I';-,;':~"_''XN' PRESIDENT, FEDERAL REPUBLIC OF NIGERIA July 3,2012 Distinguished Senator David Mark, GCON President of the Senate, Senate Chambers, National Assembly, Three Arms Zone, Abuja.

Your Excellency,

APPOINTMENT OF CHIEF JUSTICE OF NIGERIA

In conformity with Section 231 Sub-section (1) of the 1999 Constitution of the Federal Republic of Nigeria, as amended, which gives the President powers to appoint a Chief Justice of Nigeria, acting on the recommendation of the National Judicial Council and subject to confirmation of the appointment by the Senate, I have the honour toforward the nomination of Honourable Justice Aloma Mariam Mukhtar, CON, CFRfor confirmation as Chief Justice of Nigeria.

PRINTED BY NATIONAL ASSEMBLY PRESS, ABUJA 48 Wednesday, 4th July, 2012 No.5

It is my hope that this request will receive the usual expeditious attention oj the Distinguished Senate oj the Federal Republic oj Nigeria.

Please accept, Senate President, the assurances oj my highest consideration.

Yours sincerely, (Signed) GOODLUCK EBELE JONATHAN

(b)

July 3, 2012 Distinguished Senator David Mark, GCON President oj the Senate, Senate Chambers, National Assembly, Three Arms Zone, Abuja.

Your Excellency,

APPOINTMENT OF TWO JUSTICES OF THE

In conformity with Section 231, Sub-section (2) of the 1999 Constitution of the Federal Republic oj Nigeria, as amended, which gives the President powers to appoint a Justice oj the Supreme Court acting on the recommendation oj the National Judicial Council and subject to confirmation ojthe appointment by the Senate, I have the honour tojorward the under-mentioned names jor confirmation as Justices oj the Supreme Court oj Nigeria:

i) Hon. Justice Kumai Bayang Akaahs (North West Zone) Justice oj the Court oj Appeal;

ii) Hon. Justice Stanley Shenko Alagoa (South South Zone) Justice of the Court oj Appeal

These appointments have been necessitated by the impending retirement from service oj Hon. Justice , Chief Justice oj Nigeria, and Hon. Justice F. F. Tabai.

It is my hape that this request will receive the usual expeditious attention oj the Distinguished Members ojthe Senate ojthe Federal Republic of Nigeria.

Please accept, Senate President, the assurances oj my highest consideration.

Yours sincerely, (Signed) GOODLUCK EBELE JONATHAN

4. Announcements: (a) Presentation of Sessional Reports: The Senate President read a letter from Senator Ita S. J. Enang iAkwa-lbom Non-East) as follows: No.5 Wednesday, 4th July, 2012 49 'f,!!;r~ if'll.!;.r 'U',,"..'-·>I.. <,,,,-.'1.~.~\4. THE SENATE FEDERAL REPUBLIC OF NIGERIA COMMITTEE ON RULES AND BUSINESS 4h July, 2012 ANNOUNCEMENT

SUBJECT: PRESENTATION OF COMMI1TEE SESSIONAL REPORTS: JUNE 2011 TO JUNE 2012

This is to inform all Chairmen of Special and Standing Committees of the Senate that the presentation of Committee Sessional Reports in accordance with Rule J02(d) of the Senate Standing Orders 2007 (as Amended) is hereby scheduled for Tuesday, 10th to Thursday, 12th July, 2012.

The schedule of presentation has been circulated to all senators for your guidance and compliance.

(Signed) Senator Ita Enang Chairman Senate Committee on Rules and Business

(b) Acknowledgment: The Senate President acknowledged the presence of the following who were in the gallery to observe Senate Proceedings: (I) Staff and Students of Beautiful Beginning Academy, Gudu District, Abuja;

(ii) Me~bers of National Association of Northern Nigeria Universities Student;

(iii) Students of Social Studies Department, Federal College of Education!Ahmadu Bello University, Zaria, Kaduna State;

(iv) Students of Banking and Finance Department, Kogi State University, Anyigba, Kogi State; and

(v) Students of Engineering Faculty, Nnamdi Azikwe University, Awka, Anambra State.

5. Presentation of Bills: (zJ Nigeria Police Reform Trust Fund (Establishment, etc.) Bill 2012 (SB. 189) - Read the First Time.

(ii) Legal Education Bill 2012 (SB. 190) - Read the First Time.

(iii) Legal Services Commission (Establishment, etc.) Bill 2012 (SB. 191) - Read the First Time.

(iv) Legal Practitioners Act Cap. L11 LFN 2004 (Repeal and Re-enactment) Bill 2012 (SB.I92) - Read the First Time. 50 Wednesday, 4th July, 2012 No. 5

6. Committee on Judiciary, Human Rights and Legal Matters: Report on the screening of nominees: Motion made: That the Senate do consider the Report of the Committee on Judiciary, Human Rights and Legal Matters, on the screening of Hon. Justice , JCA (North East) and Hon. Justice Musa Dattijo Muhammed, JCA (North Central), as Justices of the Supreme Court of Nigeria (Senator Umaru Dahiru - Sokoto South).

Question put and agreed to.

Report presented.

Motion made: That the Senate do resolve into the Committee of the Whole to consider the Report (Senate Leader).

Question put and agreed to.

(SENATE IN THE COMMITIEE OF THE WHOLE)

Consideration of the Report of the Committee on Judiciary, Human Rights and Legal Matters, on the screening of Hon. Justice Clara Bata Ogunbiyi, JCA (North East) and Hon. Justice Musa Dattijo Muhammed, JCA (North Central), as Justices of the Supreme Court of Nigeria.

Nominees Recommended for ConfIrmation:

(I) Hon. Justice Clara Bata Ogunbiyi, JCA (North East) Agreed to.

(il) Hon. Justice Musa Dattijo Muhammed, JCA (North Central) Agreed to.

Chairman to report progress.

(SENATE IN PLENARY)

The Senate President reported that the Senate in the Committee of the Whole considered the Report of the Committee on Judiciary, Human Rights and Legal Matters, on the screening of Hon. Justice Clara Bata Ogunbiyi, JCA (NorthEast) and Hon. Justice Musa Dattijo Muhammed, JCA (North Central), as Justices of the Supreme Court of Nigeria and approved the nominations.

Question: That the Senate do approve the Report of the Committee of the Whole - Resolved in the Affirmative.

ConfIrmation of nominations:

Question: "Will the Senate confirm the nomination of Hon. Justice Clara Bata Ogunbiyi, JCA (North East) as Justice of the Supreme Court of Nigeria?" - Resolved in the Affirmative.

Nomination of Hon. Justice Clara Bata Ogunbiyi, JCA (North East) as Justice of the Supreme Court of Nigeria accordingly confirmed.

Question: "Will the Senate confirm the nomination of Hon. Justice Musa Dattijo Muhammed, JCA (North Central) as Justice of the Supreme Court of Nigeria?" - Resolved in the Affirmative.

Nomination of Hon. Justice Musa Dattijo Muhammed, JCA (North Central) as Justice of the Supreme Court of Nigeria accordingly confirmed. No.5 Wednesday, 4th July, 2012 51

7. Joint Committee on Judiciary, Human Rights and Legal Matters; Interior; and Pollee Affairs: Report on the Plight of Persons Awaiting Trials in Nigerian Prisons: • Motion made: That the Senate do consider the Report of the Joint Committee on Judiciary, Human Rights and Legal Matters; Interior; and Police Affairs on the Plight of Persons Awaiting Trials in Nigerian Prisons (Senator Umaru Dahiru - Sokoto South).

Question put and agreed to.

Report presented.

Motion made: That the Senate do resolve into the Committee of the Whole to consider the Report (Senate Leader).

Question put and agreed to.

(SENATE IN THE COMMITIEE OF THE WHOLE)

Consideration of the Report of the Joint Committee on Judiciary, Human Rights and Legal Matters; Interior; and Police Affairs on the Plight of Persons Awaiting Trials in Nigerian Prisons.

Debate:

Proposed Resolution (i): Question: That the ongoing Prison Decongestion Progranune under the Federal Ministry of Justice should be discontinued as it is unsustainable and should be completely taken over by the Legal Aid Council, which is more suitable for the task - Agreed to.

Proposed Resolution (ii): Question: That the States and the Federal Ministries of Justice should be proactive in reviewing case flies before them for timely arraignment of suspects - Agreed to.

Proposed Resolution (iii): Question: That His Lordship, The Hon. Chief Justice of Nigeria should, as a matter of urgency, set up Administration of Justice Commission pursuant to the Administration of Justice Act Cap.A3, Vol. I, Laws of the Federation of Nigeria 2004, for the purpose of ensuring inter- agency cooperation and collaboration in the justice sector in setting up strategies to address the problem. Similarly, Chief Judges of States should also be advised to set up Administrative Committees in their respective States with the same aims and objectives - Agreed to.

Proposed Resolution (iv): Question: That the Hon. Chief Justice of Nigeria as Chairtnan of the National Judicial Council pursuant to section 21 (i) Part I Third Schedule to the 1999 Constitution of the Federal Republic of Nigeria, as amended, should in consultation with Chief Judges of the 36 States and of the FCT, initiate an awaiting detainee release progranune with the aim of reducing the current number of awaiting trial persons by 50% in the next six months begiotting from the date of approval of this recommendation - Agreed to.

Proposed Resolution (v): Question: That the Chief Justice of Nigeria through the National Judicial Council, should encourage Chief Judges of States and of the FCT to designate Magistrates who shall make a monthly review of cases of awaiting trial detainees - Agreed to. 52 Wednesday, 4th July, 2012 No. 5

Proposed Resolution (vi): Question: That the Comptroller General of Prisons should prepare a monthly report of awaiting trial detainees and make copies available to the Chief Justice of Nigeria and Chief Judges of the 36 States and of the FCT - Agreed to.

Proposed Resolution (vii): Question: That the Nigerian Law Reform Commission, the Federal Ministry of Justice and the Judiciary should work together with a view to coming up with a harmonised position on the holistic review of our penal and criminal justice system - Agreed to.

Proposed Resolution (viii): Question: That the Constitution should be amended so as to remove Prisons from the Exclusive Legislative List to the Concurrent Legislative List in order to allow States with the requisite resources to build and maintain State's Prisons or licence private sector to provide such facilities on commercial bases;

Amendment Proposed: Immediately after the words "Concurrent Legislative List" in line 2 leave out all the words (Senator Joshua C. Dariye - Plateau Central).

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

Proposed Resolution (ix): Question: That the Criminal Justice (Release from Custody) (Special Provisions) Act, Cap. C40, Laws of the Federation of Nigeria, 2004 should be amended to authorize the release of detainees who have remained in prison custody for period equivalent to one third of the term of imprisonment prescribed for the offence committed - Negatived. .

Proposed Resolution (x): Question: That persons with mental health challenges should be referred appropriately to neuro-psychiatric institutions for care and not to be dumped in the prisons - Agreed to.

Proposed Resolution (xi): Question: That Alternative Dispute Resolution (ADR) should be encouraged by our Courts as an avenue for resolution of civil cases through mediation, arbitration and conciliation - Agreed to.

Proposed Resolution (xii): Question: That the Chairmen of EFCC and ICPC, the Director General of SSS, the Inspector General of Police and other law enforcement agencies should be advised to train their officials on effective and efficient investigation before arrests and detentions are made so as to check incidences of unnecessary arrests - Agreed to.

Proposed Resolution (xiii): Question: That the Nigerian law enforcement agencies should be well funded to replace their archaic system of investigation with modem forensic system of investigation - Agreed to.

Proposed Resolution (xiv): Question: That the funding of the Nigeria Prisons Service should be increased to address the issue of infrastructural decay and to boost the welfare of the inmates as well as the officers of the Nigeria Prisons Service - Agreed to. No.5 Wednesday, 4th July, 2012 53

Proposed Resolution (xv): Question: That the Nigeria Police and the Nigeria Prisons Service should train their officers on general and specific duties and on human rights in the areas of interpersonal skills, health, cultural awareness, specific concerns of female prisoners, minors and mentally disturbed prisoners - Agreed to.

Proposed Resolution (xvi): Question: That payment of allowances to Investigating Police Officers,. Police Prosecutors and other witnesses, who come to give evidence on behalf of the State, as was done in the past, should be re-introduced - Agreed to.

Proposed Resolution (xvii): Question: That all State Governors and Chief Judges of the 36 States and of the Federal Capital Territory, should as a matter of priority, visit the Prisons at least twice a year, so as to put into use the exercise of power of Prerogative of Mercy available to them to set free some inmates from our Prisons in addition to the monthly visits by Magistrates - Agreed to.

Proposed Resolution (xviii): Question: That the National Human Rights Commission, which has the mandate to check abuses of human rights violation in line with the international best practices, should be well funded to enable it perform its statutory obligations - Agreed to.

Proposed Resolution (xix): Question: That the Federal Ministry of Women Affairs should establish six regional centres, to among other things, maintain and cater for children born in prisons, such children not to be adopted;

Amendment Proposed: Leave out all the words immediately after the word "prisons" in.line 2 (Senator Ita S. f. Enang - Akwa-Ibom North-East)

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

Proposed Resolution (xx): Question: That a viable witness protection programme/scheme be set up for the protection of witnesses or any person involved in the justice system to be implemented by the Police or any other independent agency across the country.

Amendment Proposed: Leave out all the words immediately after the word "witnesses" in line 2 (Senator Kabiru l. Gaya - Kano South)

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

Chairman to report progress.

(SENATE IN PLENARy)

The Senate President reported that the Senate in the Committee of the Whole considered the Report of the Joint Committee on Judiciary, Human Rights and Legal Matters; Interior; and Police Affairs 011 the Plight of Persons Awaiting Trialsin Nigerian Prisons and approved the recommendations as follows: 54 Wednesday, 4th July, 2012 No.5

Recommendations 1-7 Approved

Recommendation 8 As amended

Recommendation 9 Negatived

Recommendations 10-18 Approved

Recommendations 19 -20 As amended

Question: That the Senate do approve the Report of the Committee of the Whole - Resolved in the Affirmative.

Resolved: (i) That the ongoing Prison Decongestion Programme under the Federal Ministry of Justice should be discontinued as it is unsustainable and should be completely taken over by the Legal Aid Council, which is more suitable for the task;

(il) That the States and the Federal Ministries of Justice should be proactive in reviewing case flies before them for timely arraignment of suspects;

(iii) That His Lordship, The Hon. Chief Justice of Nigeria Should, as a matter of urgency, set up Administration of Justice Commission pursuant to the Administration of Justice Act Cap.A3, Vol. I, Laws of the Federation of Nigeria 2004, for the purpose of ensuring inter-agency cooperation and collaboration in the justice sector in setting up strategies to address the problem. Similarly, Chief Judges of States should also be advised to set up Administrative Committees in their respective States with the same aims and objectives;

(iv) That the Hon. Chief Justice of Nigeria as Chairman of the National Judicial Council pursuant to section 21 (i) Part 1.Third Schedule to the 1999 Constitution of the Federal Republic of Nigeria, as amended, should in consultation with Chief Judges of the 36 States and of the FCT, initiate an awaiting detainee release programme with the aim of reducing the current number of awaiting trial persons by 50% in the next six months beginning from the date of approval of this recommendation;

(v) That the Chief Justice of Nigeria through the National Judicial Council, should encourage Chief Judges of States and of the FCT to designate Magistrates who shall make a monthly review of cases of awaiting trial detainees;

(VI) That the Comptroller General of Prisons should prepare a monthly report of awaiting trial detainees and make copies available to the Chief Justice of Nigeria and Chief Judges of the 36 States and of the FCT;

(vii) That the Nigerian Law Reform Commission, the Federal Ministry of Justice and the Judiciary should work together with a view to coming up with a harmonised position on the holistic review of our penal and criminal justice system;

(viii) That the Constitution should be amended so as to remove prison from the Exclusive Legislative List to the Concurrent Legislative List;

(ix) That persons with mental health challenges should be referred appropriately t6 neuro-psychiatric institutions for care and not to be dumped in the prisons; No.5 Wednesday, 4th July, 2012 55

(x) That Alternative Dispute Resolution (ADR) should be encouraged by our Courts as an avenue for resolution of civil cases through mediation, arbitration and conciliation;

(xl) That the Chairmen of EFCC and ICPC, the Director General of SSS, the Inspector General of Police and other law enforcement agencies should be advised to train their officials on effective and efficient investigation before arrests and detentions are made so as to check incidences of unnecessary arrests;

(xii) That the Nigerian law enforcement agencies should be well funded to replace their archaic system of investigation with modern forensic system of investigation;

(xiI) That the funding of the Nigeria Prisons Service should be increased to address the issue of infrastructural decay and to boost the welfare of the inmates as well as the officers of the Nigeria Prisons Service;

(xiv) That the Nigeria Police and the Nigeria Prisons Service should train their officers on general and specific duties and on human rights in the areas of interpersonal Skills, health, cultural awareness, specific concerns of female prisoners, minors and mentally disturbed prisoners;

(xv) That payment of allowances to Investigating Police Officers, Police Prosecutors and other witnesses, who come to give evidence on behalf of the State, as was done in the past, should be re-introduced;

(xvI) That all State Governors and Chief Judges of the 36 States and of the Federal Capital Territory, should as a matter of priority, visit the Prisons at least twice ayear, so .as to put into use the exercise of power of Prerogative of Mercy available to them to set free some inmates from our Prisons in addition to the monthly visits by Magistrates;

(xviI) That the National Human Rights Commission, which has the mandate to check abuses of human rights violation in line with the international best practices, should be well funded to enable it perform its statutory obligations;

(xviiI) That the Federal Ministry of Women Affairs should establish six regional centres, to among other things, maintain and cater for children born in prisons; and

(xix) That a viable witness protection programme/scheme be set up for the protection of witnesses (SIResI003102112).

8. Conveyancing and Law of Property Act, 1881(Repeal and Re-enactment) Bill 2012 (SB.106):

Consideration of Bill deferred to another Legis/ative Day.

9. Public Enterprises (Privatization and Commercialization) Act Cap P38 LFN 2004 (Amendment) Bill 2012 (SB. 151):

Consideration Of Bill deferred to another Legislative Day.

10. Constitution of the Federal Republic of Nigeria 1999 (Alteration) Bill 2012 (SB. 136):

Consideration of Bill deferred to another Legislative Day. 56 Wednesday, 4th July, 2012 No.5

11. Constitution of the F~aeral Republic of Nigeria 1999 (Alteration) Bill 2012 (SB.139):

Consideration of Bill deferred to another Legislative Day.

12. Constitution of the Federal Republic of Nigeria 1999 (Alteration) BiIl2012 (SB. 158):

Consideration of Bill deferred to another Legislative Day -.

13. Adjournment: Motion made: That the Senate do now adjourn till Tuesday. 10th July. 2012 at 10.00 a.m. (Senate Leader).

Adjourned accordingly at 12:57p.m.

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