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Fire Works As Senators Gear Up For Screening 

By Azimazi Momoh Jimoh, Abuja
10 October 2015   |   11:51 pm
CONFIRMATION of appointments is not a responsibility the Senate discharges on a daily basis. Yet, whenever such assignments come, the upper legislative chamber is taken to task on its capacity and competence to sieve the wheat from the chaff.

Senate-sarakiCONFIRMATION of appointments is not a responsibility the Senate discharges on a daily basis. Yet, whenever such assignments come, the upper legislative chamber is taken to task on its capacity and competence to sieve the wheat from the chaff. The framers of the constitution definitely have their reasons for subjecting some of the President’s appointments to a process of confirmation by the Nigerian Senate made up of 109 Senators representing different senatorial districts spread across the country.

In conducting the exercise, which is called confirmatory hearing in parliamentary parlance, the Senate had set for itself some procedural steps and traditions that it rarely breaks. Until the later days of the David Mark-led Seventh Senate, the Senate had always withheld decisions on the confirmation of any nominees who failed to get the support of at least two of the three Senators‎ representing his/her State. ‎

As a matter of tradition too, the Senators enjoyed unrestricted opportunity to ask the nominees questions from all sectors. The upper legislative Chamber had also encouraged petitions from across the country against any person nominated for appointment. This is what usually thickens the investigations conducted before the confirmation. So, as the D-day approaches for the screening of the 21 persons nominated by President Muhammadu Buhari, there are high expectations that the Senate would bring it’s experience and dexterity to bear in ensuring that only the best are confirmed as ministers of the Federal Republic of Nigeria.

It emerged Thursday evening that Senators of the Peoples Democratic Party (PDP), met behind closed doors to consider the criteria set by the Senate for the confirmation of President Buhari’s nominees for the post of Ministers. Though the Senators refused to brief Senate correspondents at the end of the one-hour meeting, sources close to the party said that the Senators have resolved to reject piecemeal presentation of the list of nominees. It was gathered that the PDP senators have decided to hold down the screening process unless Buhari sends the full compliments of the ministerial list by Tuesday.

Sources at the meeting revealed that the lawmakers have resolved to send message to the President through Senate President Bukola Saraki for onward delivery to President Buhari. It was also gathered that the Senators would be prepared to stall the screening process on Tuesday if the President of the Senate fails to read the remaining list of ministerial nominees at the start of sitting on Tuesday.

The Senators of the PDP are united and they have taken a stand on the ministerial screening. After adopting the procedures already ratified at the executive session of all the senators, the PDP Caucus resolved to also demand a full list of ministerial nominees by Tuesday; else they will have no other option than to hold down the screening process.
“The Senators are of the view that the nation, having waited for four months cannot continue to wait in perpetuity for the full complement of ministers to assume office,” a source at the meeting said.

Even at this, the Senate spokesman, Dino Melaye said the Senate may allow Buhari some time before the end of the screening to submit the remaining list of nominees. But some questions have arisen from the screening planned for Tuesday:
On what grounds can Senate disqualify a nominee?
The‎ issue of disqualification of a nominee is one where the Senate has absolute powers because the constitution did not require it to explain its reasons for confirming or not confirming any nominee.‎ The upper chamber however reserves the right to invoke its powers of investigation guaranteed in the constitution to probe into the petitions already submitted against some of the ministerial nominees.

In exercising this power of investigation, the Senate last Thursday referred all petitions against the nominees to its committee on Ethics, Privileges and Public Petitions, asking the committee to conclude investigation and submit report to the Senate before Tuesday when the screening of the nominees and confirmation would commence.

Among the nominees against whom petitions have been submitted are; former Rivers State governor, Rotimi Amaechi and Mrs. Amina Ibrahim Mohammed who was nominated from Kaduna State. The contentious issue is whether the Senate could use the outcome of such investigation to confirm or reject the nomination of any person for ministerial appointment.

Providing a detailed explanation of the discussion at the executive session of the Senate last Thursday, on the modalities and procedure for screening the nominees, the Senate spokesman, Melaye, stated: “In our executive session this morning, we considered a number of issues that had to do with the approach, the procedure for the screening of the ministerial nominees. So, we developed two modalities for the screening of the ministerial nominees. The first criterion is using constitutional provisions as stipulated in the 1999 Constitution (as amended) as a fundamental procedure for the screening of ministerial nominees. And we will be considering Section 147(3) of the Constitution of the Federal Republic of Nigeria; and Section 147 too.
“We are also going to consider Section 65 of the 1999 Constitution. Section 65 of the Constitution is clear. The Senate will make sure that the constitutional provision in Section 14(3) of the Constitution of the Federal Republic of Nigeria is obeyed.”
“We also, in line with our convention, agreed that for you to be cleared as a minister of the Federal Republic of Nigeria, minimum of two senators from your state must, at least, show support for your nomination. It’s a convention by the Senate, and we have decided to uphold that convention in the sanctity of the integrity of the Senate.” “I addressed you earlier, and told you that the era of take a bow and go is over. We are still going to maintain that, except with slight modification as regards former senators and former members of the National Assembly.” He explained. ‎

Already signs of what to expect from the screening and confirmation, fixed for Tuesday, have started emerging from the Senate as Senators air their views.‎

Discord over Buhari as Petroleum minister ‎
An issue that has arisen from the ministerial nomination so far, is the widely reported quest by President Muhammadu Buhari to appoint himself Minister of Petroleum. It has even generated some sort of disagreement among Senators.‎  Senator Mao Ohuabunwa, Peoples Democratic Party (PDP), Abia North, is of the view that Buhari must subject himself to the process of intense screening and confirmation by the Senate. The crux of his submission is the constitutional provision that appointment of persons, as Senate must subject all ministers to confirmation.

The lawmaker said: “He (the President) can supervise ministries but cannot be a minister because if he is, he must be screened and approved by the Senate.”‎ Ohuabunwa had also expressed reservation about the incomplete nature of the list in line with the Constitution.
“Constitution does not support (appointment of) ministers in batches. Every state must be represented; but if the number is not complete, some of us may raise constitutional issues. Else, if we have to wait for another three months for him to send another list comprising representatives of other states, it means those states would be non-functional representation,” he said.

On the issue of petitions against some nominees, Ohuabunwa said such issues would not be ignored in the process of screening. According to him, since the present administration of All Progressives Congress (APC) would want to be remembered for curbing corruption, it would be a contrast to overlook any case of corruption leveled against any nominee.

Chairman of Senate Ad-hoc committee on Publicity, Senator Dino Melaye sharply disagreed with the position of Ohuabunwa on the screening of Buhari, saying that Buhari as President of Nigeria would not need to be screened to be minister. Melaye said though Ohuabunwa‎ was entitled to his opinion as a Senator, the Senate never took a decision to subject President Buhari to any screening adding that his capacity as President was enough for him to perform as minister. He added that the screening of ministerial nominees would not be business as usual. ‎

Presidency intensifies lobbying
AKPABIO’S statement may have driven the Presidency to begin to lobby Senators for a hitch free confirmation. The lobbying is targeted at PDP Senators ‎with a view to persuading them to accept the piecemeal submission of 21 ministerial nominees to the Senate last week. Senior Special Assistant to the President on National Assembly Matters (Senate), Senator Solomon Ita Enang, who was in the office of the Senate minority leader, Godswill Akpabio, last week disclosed that no matter the political difference that existed between him and the minority, his immediate concern was to ensure that there was minimal opposition to the President’s request.

Confirming his motive for meeting with Akpabio, Ita Enang said: “Part of our job is to do a lot of reach out and reach out to all the sections. And the past is gone, this is a new beginning”, he noted. The PDP produced 49 of the 108 Senators, which constitute the Senate at the moment.

Although, the confirmation of a ministerial nominee requires only a simple majority, it cannot be predicted that all 59 Senators in the All Progressives’ Congress (APC) would vote or support all the nominees because there were serious issues of lack of consultation with relevant party stakeholders in the States before the list was compiled and submitted to Senate.

Shortly after the meeting between the two Akwa Ibom politicians, Akpabio promised to make efforts in ensuring the success of the Buhari administration.‎ “We will do our best to ensure robust debate, fine-tune the policies of the APC administration to better the lots of Nigerians and to ensure that Nigeria gets out of the current economic doldrums. So far, on a personal note, I am impressed with the list that was sent by the President. I believe that he has kept to his words by ensuring that we sort out a lot of people of integrity that can salvage the country. But of course, the Senate will still do its work of screening and re-screening and I pray that more than 70 or 80 percent of the list should pass through”.

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