When the Senate ‘downed tools’

“All the Senate has said is that we passed resolutions and the resolution was rubbished. If our resolution was rubbished, why are we passing another resolution? The Senate has mandated its President to discuss with the President of the Federal Republic to resolve whatever is happening to the resolution.” That was Senator Aliyu Sabi Abdullahi, Senate’s spokesman and Chairman, Senate Committee on Media and Public Affairs.

He was clarifying the decision of the Senate to practically down tools last week, following the resolution of the lawmakers to suspend the screening of the Resident Electoral Commissioner nominees sent to the chamber by President Muhammadu Buhari.

In suspending the consideration of the nominees, the Senate took notice of the fact that its resolution rejecting the Acting Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu in substantive capacity has not been effected, as the man still sits pretty on the chair of the anti-graft agency.

A number of divergent views have been on air in relation to the decision of the Senate to hold on the consideration of Presidential nominees. While a number of lawyers have spoken on the side of the Presidency, others have backed the decision of the Senate to assert itself.  As things are, there may certainly be no end to the discordant tunes constantly on display in matters of executive/legislature feuds. A number of advocates see the President, under a presidential system of government as Chief Executive of the state, with other arms of government practically ‘reporting’ to him.

While the above promotes a powerful presidency or a ‘macho man’ leader, the other view of power is milder. This sees a sense in the principles of separation of powers, with its corollary theory of checks and balances. To those on this side, rather than talk about separation of powers in strict sense, interrelationship of powers would be more like it. They claim that the arms of government; executive, legislature and judiciary must constantly interrelate to ensure smooth running of government.

In a presidential democracy where the constitution remains the guide, the idea of a macho-man President hardly flies especially as the constitution guarantees the two other arms of government some measures of powers.  According to the 1999 Constitution, the Legislature is the first arm of government followed by the executive and then the Judiciary. In such a setting, a President seeking to succeed only needs to adapt to interrelationship of powers, rather than separation of powers in strict sense.

Speaker of the House of Representatives, Honourable Yakubu Dogara, said in an interview last week that the democratic setting is designed with in-built conflicts, the management of such conflicts that constantly arise would distinguish the leader.  Senate President Bukola Saraki said last week, while returning the Senate to plenary after a two-hour closed session the day the Senate suspended the consideration of REC nominees that the Senate would not be ‘cowed’ in the performance of its duties.

To watchers of the Eight National Assembly, that statement is not hanging in the air. It has deep roots. In September 2016, the Senate devoted four legislative days to the debate on national economic revival. It was the heat of the recession and calls for recovery formula by the government. A 20-point resolution was passed to the President. The House also held series of debates on the economic recovery plans and adopted a resolution seeking a Presidential address on the recession. Eventually the Senate concurred with the resolution of the lower House. But the presidency kept mum on the matter. Series of other resolutions were adopted by the chambers and mum was the word from the executive.

Apparently frustrated at the spate of disregard for its motions and resolutions, the Senate and the House set up a Standing Committee named Committee on Legislative Compliance. Even at that, things didn’t seem to improve as the executive flouted the resolutions of the lawmakers at will.

From the topmost of the Presidency, the snub appeared to have percolated downstairs as officials of the executive also started ignoring the motions and resolutions by the Senate and the House of Representatives.

Some key points include the face-off between the Senate and the Comptroller General of the Nigerian Customs Service, Col. Hameed Ali (rtd), which eventually showcased the side the executive leans when the Attorney General of the Federation wrote a cover letter to a court process instituted by Ali to intimate the Senate the matter was subjudice.  The red chamber had also expressed disgust as the extra-budgetary spending of N1.8 billion by the Economic and Financial Crimes Commission (EFCC) on its building project as well as the manner in which the Secretary to the Government of the Federation (SGF), David Babachir Lawal conducted activities of the Presidential Initiative on the North East (PINE) which led to a resolution seeking Babachir’s sack and prosecution.

Again, with the President writing to defend Babachir, who had earlier referred to the Senators as talking “balderdash” the lawmakers, got the feel that the President was on his side.

It therefore did not come as a shock to watchers of the red chamber that something must give. While speaking on the nomination of 27 REC nominees, whose nomination came on the Order Paper last Wednesday, apparently to enable the Senate, assign the screening to the committee, the lawmakers decided to hold the document for at least two weeks.

Senators immediately took up arms immediately the item was read on the Order Paper. Chairman, Senate Committee on Niger Delta, Senator Peter Nwaoboshi, had raised a motion seeking a suspension of the consideration and possible confirmation of the appointment of the 27 RECs in view of non-compliance of President Buhari to Senate’s resolution on Magu.

Nwaoboshi, had raised Orders 14 and 15 of the Senate standing Orders 2015 as amended and said that Magu was still being allowed by the President to continue as Acting Chairman of EFCC two weeks after his rejection by the Senate.

The Senator said: “Recently in this Senate, we have dealt with the issue of confirmation and where are we today, the chairman of the presidential committee on anti-corruption, Professor Itse Sagay went to the press and said that the senate merely confirms.

“This is unexpected from somebody who had lectured Constitutional Law in the university, a Prof. of law, a Senior Advocate of Nigeria and of course a chairman of such a big body to say that the legislature merely confirms, that is, the legislature has no power.”

His colleague, Senator Francis Alemikhena, who is the Deputy Majority Whip of the Senate said that the EFCC case was a major issue on the agenda as the rejected Acting Chairman of the EFCC had allegedly continued to “terrorise” the Senators.

He said: “Magu is terrorising us because we rejected him, as a Senate we must send serious message to the Presidency over the matter by stepping down action on request for consideration and possible confirmation of the 27 RECS forwarded to us for at least two weeks as earlier moved by Senator Nwaoboshi.” It was a popular motion and was immediately adopted. That decision immediately sent tongues wagging around the seat of power, especially as the executive is compelled by the constitution to seek confirmation for several positions. The presidency immediately announced a peace and reconciliation committee headed by Vice President Yemi Osinbajo.

But the Senate also welcomes the development and promised to work with the Committee. Senate spokesman, Sabi Abdullahi said that the peace moves by President Muhammadu Buhari was a step in the right direction

“We have heard about the initiative by President Muhammadu Buhari in setting up a Presidential Committee on Executive-Legislature Relations to be headed by Vice President Yemi Osinbajo.

“It is a good step in the right direction. The Senate, in particular, and the National Assembly, in general, is ready to co-operate with the group and work with them to resolve all grey areas standing on the way of the smooth working relationship needed to deepen our fledgling democracy and ensure good governance for the benefits of Nigerians.”

Will the peace move end executive/legislative feuds in the polity? That is a very hard nut to crack. The fact that the two arms of government are compelled to interrelate constantly means that feuds and conflicts are perpetually on the cards. But with measures of mutual respect, the arms can work together almost seamlessly.