6TH NATIONAL ASSEMBLY THIRD SESSION No. 49 369 SENATE OF THE FEDERAL REPUBLIC OF NIGERIA VOTES AND PROCEEDINGS Thursday, 21st January, 2010 1. The Senate met at 10.45 a.m. The Senate President read prayers. 2. Votes and Proceedings: The Senate President announced that he had examined the Votes and Proceedings of Wednesday, 20th January, 2010 and approved same. By unanimous consent, the Votes and Proceedings were approved. 3. Announcement: Turbannlng of the Executive Governor of Kano State: The Senate President read a letter from Senator Kabiru I. Gaya (Kano South) as follows: SENATOR ARC. (DR.) KABIRU I. GAYA SENATE DEPUTY MINORITY WIllP NationalAssembly Complex, Three Arms Zone, PMB 141, Garki, Ahuja Tel: 08058000123 21" January, 2010 H.E. Dr. David Mark, GcON The Senate President, National Assembly, Abuja. Sir, My Boss, ANNOUNCEMENT We hereby announce to all Distinguished Senators wishing to attend the ceremony of the turbaning of the Kano State Governor, His Excellency Mallam 1brahim Shekarau, as Sardaunan Kano, that there is a hotel reservation at Tahir Guest Palace, Nassarawa GRA Kana, asfrom today, Thursday, 21" January, 2010. PRINTED BY NATIONAL ASSEMBLY PRESS, ABUJA 370 Thursday, 21st January, 2010 No. 49 Thank you. Signed.' Senator (Dr) Kabiru I. Gaya Kana South 4. Committee on Education: Report on the National Institute for Educational Planning and Administration BiU 2010 (SB.123): Motion made: That the Senate do consider the Report of the Committee on Education on the National Institute for Educational Planning and Administration (NIEPA) Bill 2010 (Senator Joy Emodi - Anambra North). Question put and agreed to. Report presented. Motion made: That the Senate do resolve into the Committee of the Whole to consider the Committee Report (Senate Leader). Question put and agreed to. (SENATE IN THE COMMITTEE OF THE WHOLE) CONSIDERATION OF THE REpORT OF THE COMMITTEE ON EDUCATION ON THE NATIONAL INSTITUTE FOR EDUCA TIONALPLANNING AND ADMINISTRATION (NIEPA) BILL 2010 Clause 1: Establishment Etc of the National Institute for Educational Planning and Administration: (1) There is hereby established a body to be known as the National Institute for Educational Planning and Administration (in this Act referred to as "the Institute"). (2) The Institute shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name. Committee's Recommendation: That the provision in Clause 1 be retained (Senator Joy Emodi) - Agreed to. Question that Clause 1 do stand part of the Bill, put and agreed to. Clause 2: Objectives: The objectives of the Institute shall be to promote the study and practice of educational planning and administration in Nigeria and explore all relevant and available avenues, potentials and resources to make the Institute:- (a) an active learning centre in skills acquisition in educational planning and administration; and (b) a national centre of excellence for capacity building in the education sector. Committee's Recommendation: That the provision in Clause 2 be retained (Senator Joy Emodi) - Agreed to. Question that Clause 2 do stand part of the Bill, put and agreed to. No. 49 Thursday, 21st January, 2010 371 Clause 3: Establishment and membership of the Governing Council: (1) There is hereby established for the Institute a Governing Council (in this Act referred to as "the Council ") which shall, subject to this Act, have general control of the Institute; (2) The Council shall consist of: (a) a Chairman, (b) one representative each of the following: (i) the Federal Ministry of Education, (ii) the National Planning Commission, (iii) the National Association of Educational Planning and Administration, and (iv) the United Nations Educational and Scientific Organisation Country office in Nigeria; Committee's Recommendation: Leave out the provision in Sub-Clause 3(2) (b) (iii) and (iv) (Senator Joy Emodi) -Agreed to. (c) one person to represent the members of the academic staff of the Institute on rotation for one term at a time; (d) one person to represent public interest and who shall be a person possessing cognate experience in educational planning and administration; (e) the Director -General of the Institute; and (f) the Director of Personnel and Administration who shall be the Secretary to the Council. Committee's Recommendation: Leave out the words "the Director of Personnel and Administration" in Sub- Clause 3(2) (f) and insert the words "Director of Administration"instead thereof (Senator Joy Emodi) - Agreed to. (3) The Chairman and members of the Council, other than ex-officio members, shall be appointed by the President, on the recommendation of the Minister. (4) The supplementary provisions set out in the Schedule to this Act shall have effect with respect to the proceedings of the Council and other matters contained therein. Committee's Recommendation: That the provision in Sub-Clause 3(3) and (4) be retained (Senator Joy Emodi) -Agreed to. Question that Clause 3 do stand part of the Bill, put and agreed to. Clause 4: Tenure of Office: The Chairman and members of the Council, other than ex-officio members, shall each hold office: 372 Thursday, 21st January, 2010 No. 49 (a) for a term of four years in the first instance and may be re-appointed for one further term of four years and no more; and (b) on such terms and conditions as may be specified in his letter of appointment. Committee's Recommendation: That the provision in Clause 4 be retained (Senator loy Emodi) - Agreed to. Question that Clause 4 do stand part of the Bill, put and agreed to. Clause 5: Cessation of Membership: (1) Notwithstanding the provisions of Section 4 of this Act, a person shall cease to hold office as the Chairman or member of the Council if:- (a) he becomes bankrupt, suspends payment or compounds with his creditors; or Amendment Proposed: Leave out the words "suspends payment or compounds with his creditors" in Sub- Clause 5(1)(a) (Senator Sola Akinyede). Question that the amendment be made, put and agreed to. (b) he is convicted of a felony or any offence involving dishonesty or fraud; or (c) he becomes of unsound mind or is incapable of carrying out his duties; or (d) he is guilty of a serious misconduct in relation to his duties; or Amendment Proposed: Leave out the word "serious" in Sub-Clause 5(1) (d) and insert the word "gross" instead thereof (Senator Anyim Ude). Question that the amendment be made, put and agreed to. Another Amendment Proposed: Leave out the words "in relation to his duties" in Sub-Clause 5(1) (d) (Senator fibril M. Aminu). Question that the amendment be made, put and agreed to. (e) in the case of a person possessed ofprofessionai qualifications, he is disqualified or suspended, other than at his request, from practising his profession in any part of the world by an order of a competent authority made in respect of that member; or Amendment Proposed: Leave out the provision in Sub-Clause 5(1) (e) and insert the following instead thereof: "who is a member of the professional body, he is disqualified from practicing his profession in any part of the world by an order of a competent authority made in respect of that person" (Senator Lee L. Maeba). Question that the amendment be made, put and agreed to. (f) he resigns his appointment by a letter addressed to the President. No. 49 Thursday, 21st January, 2010 373 (2) If a member of the Council ceases to hold offi ce for any reason whatsoever, before the expiration of the term for which he is appointed, another person representing the same interest as that member shall be appointed to the Council for the unexpired term. (3) A member of the Council may be removed by the President on the recommendation of the Minister if he is satisfied that it is not in the interest of the Institute or the interest of the public for the member to continue in office. Amendment Proposed: Leave out the word "he" in line 2, Sub-Clause 5(3) and insert the word "the President" instead thereof (Senator Patrick E. Osakwe). Question that the amendment be made, put and agreed to. Question that Clause 5 as amended do stand part of the Bill, put and agreed to. Clause 6: Emoluments, Allowances, etc of members of the Council: Members of the Council shall be paid such emoluments, remunerations and allowances as may be specified in their letters of appointtnent or as may be approved by the Federal Government from time to time. Committee's Recommendation.' That the provision in Clause 6 be retained (Senator Jay Emodi) - Agreed to. Question that Clause 6 do stand part of the Bill, put and agreed to. Clause 7: Functions of the Council: The Council shall: (a) formulate the policies of the Institute and be charged with the general control of such policies, and of the finance and property of the Institute; Amendment Proposed: Leave out the words "be charged with the general control of such policies, and of the finance and property of the Institute" in Sub-Clause 7 (a) and insert the words "ensure the implementation of such policies" instead thereof (Senator Felix K. Bajomo). Question that the amendment be made, put and agreed to. (b) ensure that the Institute is staffed with persons possessing high communicative competence in the theory and practice of educational planning and administration; (c) ensure proper management of the assets of the Institute; (d) ensure effective organization of the Institute in accordance with the provisions of this Act; (e) subject to this Act, provide for the welfare and discipline of the staff of the Institute; and Amendment Proposed: Immediately after the word "to" in line 1, Sub-Clause 7 (e) insert the words "the provision of" (Senator Julius A.