House: ‘Why Section 144 Amendment Bill Failed’
From Onwuka Nzeshi in Abuja THISDAY | Feb.23.2010

The House of Represen-tatives yesterday gave an insight into the circumstances that led to the failure of the bill seeking an amendment to Section 144 of the 1999 Constitution when it was brought for second reading last week. It also hinted that the house may not be favourably disposed to concurring with the Senate on the bill if the upper chamber eventually passes it.

In its first official reaction to the controversial “death” of the bill, the House said members kicked against the proposed legislation because the arguments canvassed by its sponsor were at variance with the content of the bill.

The explanation came on the heels of several condemnations hauled at the House leadership for allegedly frustrating the bill to satisfy the agenda of a pro-Yar Adua group in the House. It also came just as a new pressure group; Nigeria First Group (NFG) emerged in the House. The group, THISDAY learnt, is geared towards ensuring national interest is placed over and above individual and sectional interests in the affairs of the House of Representatives.

Chairman, House Committee on Rules and Business, Honourable Ita Enang said that while the sponsor of the bill and Minority Whip of the House, Honourable Femi Gbajabiamila (AC Lagos) made beautiful arguments on what the House should do to alter the provisions of Section 144 of the Constitution, the alterations he canvassed during the debate were different from the amendments proposed in the bill submitted to the House.

In a bid to get the bill read a second time, Enang said, the sponsor of the bill canvassed positions that ran across areas and sections in which amendments were not originally sought.

Enang also faulted the proposal to transfer the powers vested in the Executive Council of the Federation under Section 144 to the National Assembly, arguing that such an action would be counter productive as the drafters of the Constitution knew that it is only the cabinet ministers who work closely with the President that can attest to his state of mind and body. According to him, if the parliament takes over such a critical role it will not only be seen to have taken undue advantage of its position in the law making process but would certainly be unable to perform the role given its distance from the President.

“We cannot say because we have the powers to make laws, take on a function we know we cannot perform satisfactorily. Most of the arguments were anticipatory and not based on the sections which the sponsor sought to amend and we are bound by what you seek to amend and the content of the bill before the House and not just beautiful arguments.

“The current provisions in Section 144 are rigorous enough. If we amend that section, we will be bringing upon ourselves powers which we will not be able to exercise successfully because we will not be close enough to see what the ministers see in their daily interactions with the President,” Enang said.

However, in a swift reaction to the argument, Gbajabiamila said the issue of details of a bill does not arise at the second reading stage but rather at the Committee level. According to him, what was at stake last Thursday was for the House to appreciate the essence of the proposed amendment as espoused in general principles of the bill.

“I do not know what content he (Enang) is talking about because at the second reading stage we debate the general principles of a bill and the general principle of this bill is that given what has happened in the country the provisions of Section 144 needed to be amended.

“It is very important that we understand the process of lawmaking and what we need to do at every stage. At the second reading we are expected to debate these general principles and agree that the provisions canvassed be altered. The rest details of crossing the “ts” and dotting the “is” is not the business of plenary but should have been left to the relevant committee after the bill has passed the second reading stage,” Gbajabiamila said.

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