7TH NATIONAL ASSEMBLY SECOND SESSION NO.5 47 ) ~jiirf.&llnlll.l'IQ.lIIII_~~ SENATE OF THE FEDERAL REPUBLIC OF NIGERIA 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 SUPREME COURT OF NIGERIA 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 Dahiru Musdapher, 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 Clara Bata Ogunbiyi, 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.