Constitution review: Senate rejects Affirmative Action for women, role for traditional rulers, others

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By Haruna Salami

The Senate on Tuesday voted on sixty eight amendment clauses of the 1999 constitution rejecting Affirmative Action, which seeks to create special seats for women.

“The Bill seeks to create special seats for women in the Senate, Housel of Representatives and State Houses of Assembly by creating one special seat in each state of the Federation and the FCT reserved solely for women without prejudice to their eligibility to contest in the existing senatorial seats in each state and the FCT.

“For the House of Representatives, it is two additional seat for each state and the FCT that is to be reserved for women without prejudice to their eligibility to contest for the other seats. And finally for the Houses of Assembly of each state one additional seat from each of the three Senatorial District is reserved solely for women. This is to enhance/encourage women participation and representation in governance.

However, out the 91 senators who registered to vote on the clause, 30 voted yes, 58 voted no and 3 abstained, making it a colossal failure.

Another clause on Affirmative Action (Clause 68), which seeks to alter the constitution to provide a minimum percentage of ten women nominees as Ministers and Commissioners in the Federal and State Executive Councils respectively, as it will guarantee inclusivity of women in governance failed woefully.

The clause required the support of at least 73 senators, but the voting was 44 in favour and 43 against with one abstaining.

Affirmative Action for women in political party administration, which requires “a minimum of 35 % of party executive members at all levels also failed. It was defeated by 53 “no” votes to 34 “yes” and 3 abstaining.

The  clause on inclusion of Value Added Tax on the Exclusive Legislative List also didn’t sail through.

The objective of this bill, according to Omo-Agege Committee “is to avoid the confusion that will inevitably arise from states passing individual laws in respect of Value Added Tax thereby raising the specter of multiple taxation and extreme difficulty in the administration of the Tax.

“There is a need for a single Federal Legislation to regulate the administration of the Value Added Tax nationwide and ensure ease of doing business in Nigeria.

However, during voting, out of 95 senators registered to vote on the bill 41 voted yes while 44 voted no to reject it. This is a major victory for state like Lagos and Rivers that have created their own internal revenue service (IRS) and even sued the Federal Government over this. 

 The bill on to create role for Traditional Rulers and Institutions failed too.

“This Bill seeks to alter the Constitution to establish the National and State Councils of Traditional Rulers respectively to advise the President and Governors on matters related to customary law, security and public order etc.

“As the rulers of various communities, and the custodians of the people’s cultures, they are well positioned to mobilize the people for action against insecurity in their domains”, but it was rejected 63 for, 17 against and 1 abstaining, falling short of minimum 73 votes.

Deputy Senate President and Chairman Senate Committee on Constitution review, Ovie Omo-Agege made frantic efforts to save clause 18 on Judicial Reforms, but Lawan stood his ground that what they have done should be respected, as it may open new requests for other clauses.

Senator Kabiru Gaya, Kano South supported Omo-Agege and added that of traditional rulers issue be revisited.

Abdullahi Adamu commended the Senate President, Ahmad Lawan on the way the he has led  the day’s session, but said very important issues like roles for traditional rulers could be revisited since lawmakers are humans who can make mistakes.

However, Ali Ndume said they couldn’t sit and reverse themselves, adding the constitution can be amended in the next few years.

Lawan supporting this position said said if some couldn’t get what they canvassed for, they should bear with the Senate.

 Financial autonomy for local governments, inclusion of Nigeria Security and Civil Defence Corps, Food Security were among landmark clauses passed by the red chamber on Tuesday.

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