PROCEEDINGS OF THE NIGERIAN SENATE OF WEDNESDAY, 6TH OCTOBER, 2021

Welcome to a new Legislative Day in the Senate of the Federal Republic of Nigeria!

Senate President Ahmad Lawan led the Principal Officers into the Chamber, took the official prayers and began the day’s proceedings at 10:58am.

VOTES AND PROCEEDINGS
Senate adopted the Votes and Proceedings for Tuesday, 5th October, 2021.

PETITIONS
1. Senator ID Gyang submitted a petition on behalf of Corporal Dauda of Force No: 449214, who is seeking the intervention of the Senate for the reinstatement of his engagement in the Nigeria Police Force.

Petition was laid and referred to the Committee on Ethics, Privileges and Public Petitions to report back in four weeks.

2. Senator Ayo Akinyelure presented five petitions from the Office of the President of the Senate.

Petitions were laid and referred to the Committee on Ethics, Privileges and Public Petitions to report back in four weeks.

POINT OF ORDER
1. Deputy Senate President Ovie Omo-Agege cited Order 15 to draw the attention of the Senate to an interview that was granted by the Minority Leader, Senator Enyinnaya Abaribe, which was aired last night on Channels Television.

“In that interview, the Senate Minority Leader spoke extensively about events that transpired during the consideration and passage of the Petroleum Industry Bill which is now Petroleum Industry Act. Most specifically a remark he made to the effect that prior to the Consideration of the Bill, that there was an agreement of the entire Senate that the host communities be given five per cent (5%). But notwithstanding the agreement that the All Progressives Congress (APC) as a party took a party position to reduce the 5% for the host community to 3%. Mr. President, while I also represent Delta Central Senatorial District for the Niger Delta region, there are many communities in my district that are host communities based on the provisions of the Petroleum Industry Act. There was never a time that the APC as a political party and the caucuses of the APC here in the Senate met and took the decision that the host communities of the Niger Delta be shortchanged by reducing 5% to 3%. I feel very offended and I feel all members of the APC in the Senate feel offended and their privileges have been breached.” – Deputy Senate President, Senator Ovie Omo-Agege

“First of all, this Senate as far as I can remember never voted along party lines. As politicians, ours is to lobby, engage our colleagues each time there is an issue we feel can make life better for those that we represent. Because we passed the 3% does not mean that at another point the situation may not change. But when the Senate comes to a decision, we should be at the forefront of informing the people properly. Having said this, this is one chamber. I will encourage us to talk less to the press on ways that will give the press a wrong impression. I would have love to give the Minority Leader an opportunity to say something but I am sure this is a matter of privilege and all of us would have learnt from it. We never voted along party lines. I have taken note of this privilege and I hope that we are all guided.”- Senate President Ahmad Lawan.

2. Senator Emmanuel Bwacha cited Order 43 to inform the Senate on the demise of Air Commodore Ibrahim Kefas, who passed on Friday October 1st 2021.

Senate observed a minute silence in honour of the deceased.

PRESENTATION OF BILLS FOR FIRST READING
1. Federal University of Transport Daura (Establishment) Bill, 2021 (SB. 799) by Senator Abdulfatai Buhari.

Federal University of Transport Daura (Establishment) Bill, 2021 (SB. 799) was read the First Time.

2. Arbitration and Conciliation Act Cap A18 LFN 2004 (Amendment) Bill, 2021 (SB. 808) by Senator Uba Sani

Arbitration and Conciliation Act Cap A18 LFN 2004 (Amendment) Bill, 2021 (SB. 808) was read the First Time.

3. Federal University of Food Sciences Keffi, Nasarawa State (Establishment) Bill, 2021 (SB. 818) by Senator Abdullahi Adamu

Federal University of Food Sciences Keffi, Nasarawa State (Establishment) Bill, 2021 (SB. 818) was read the First Time.

4. Nigeria Institute of Management Act No. 14 2003 (Amendment) Bill, 2021 (SB. 822) by Senator Teslim Folarin

Nigeria Institute of Management Act No. 14 2003 (Amendment) Bill, 2021 (SB. 822) was read the First Time.

5. Public Private Partnership (Establishment) Bill, 2021 (SB. 823) by Senator Adamu Aliero

Public Private Partnership (Establishment) Bill, 2021 (SB. 823) was read the First Time.

MOTION
1. Joint Session of the National Assembly by Senate Leader, Senator Yahaya Abdullahi.

Senate Leader, Senator Yahaya Abdullahi moved that the Senate and House of Representatives do sit in a Joint Session to receive an Address by Mr. President Commander in Chief, President Muhammadu Buhari, GCFR on Thursday, 7th October 2021 at 12:00 noon on the 2022 Appropriation Bill

Deputy Minority Leader, Senator Philip Aduda seconded.

EXECUTIVE COMMUNICATIONS
1. Confirmation of the Nomination of Engr. Farouq A. Ahmed for Appointment as Chief Executive Officer of the Board of the Nigerian Midstream and Downstream Petroleum Regulatory Authority by Senate Leader, Senator Yahaya Abdullahi

Senate Leader, Senator Yahaya Abdullahi moved that the Senate do consider the request of Mr. President C-in-C on the confirmation of the nomination of Engr. Farouq A. Ahmed for Appointment as Chief Executive Officer of the Board of the Nigerian Midstream and Downstream Petroleum Regulatory Authority in accordance with the provision of Section 34(3) of the Petroleum Industry Act, 2021 as a replacement for Engr. Sarki Auwalu earlier forwarded.
Deputy Minority Leader, Senator Philip Aduda seconded.

The request of Mr. President C-in-C was referred to the Committee on Downstream Petroleum for further legislative action to report back within one week.

2. Confirmation of the Nomination of Hon. Husseini Baba Yusuf for Appointment as Chief Judge of the High Court of the Federal Capital Territory by Senate Leader, Senator Yahaya Abdullahi

Senate Leader, Senator Yahaya Abdullahi moved that the Senate do consider the request of Mr. President C-in-C on the confirmation of the nomination of Hon. Husseini Baba Yusuf for Appointment as Chief Judge of the High Court of the Federal Capital Territory in accordance with the provision of Section 256(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

Deputy Minority Leader, Senator Philip Aduda seconded.

The request of Mr. President C-in-C was referred to the Committee on Judiciary, Human Rights and Legal Matters to report back within one week.

PRESENTATION AND CONSIDERATION OF A REPORT
1. Report of the Committee on Petroleum Resources (Upstream)
Confirmation of the Nomination of the following persons for Appointment as Chairman, Chief Executive and Executive Commissioners of the Nigerian Upstream Regulatory Commission by Senator Akpan, Albert Bassey

Senator Akpan, Albert Bassey moved that the Senate do receive and consider the Report of the Committee on Petroleum Resources (Upstream) on the Confirmation of the nomination of the following persons for Appointment as Chairman, Chief Executive and Executive Commissioners of the Nigerian Upstream Regulatory Commission.

1. Isa Ibrahim Modibbo – Chairman

2. Engr. Gbenga Komolafe – Chief Executive

3. Hassan Gambo – Executive Commissioner, Finance and Accounts

4. Ms Rose C. Ndong – Executive Commissioner, Exploration and Acreage Management

Senator Smart Adeyemi seconded.

Senator Akpan, Albert Bassey laid and presented the report.

Senate resolved into Committee of the Whole to consider the report.

Senate in the Committee of the Whole approved the nomination of the persons.

Senate reverted to Plenary to report progress.

Senate in Plenary Confirmed:
1. Isa Ibrahim Modibbo as Chairman of the Nigerian Upstream Regulatory Commission

2. Engr. Gbenga Komolafe as Chief Executive of the Nigerian Upstream Regulatory Commission

3. Hassan Gambo as Executive Commissioner, Finance and Accounts of the Nigerian Upstream Regulatory
Commission

4. Ms Rose C. Ndong as Executive Commissioner, Exploration and Acreage Management of the Nigerian Upstream Regulatory Commission

“Congratulations to all of them and let me say this, the Nigerian Upstream Regulatory Commission has the enormous and huge responsibility of establishing the Commission as provided in the Petroleum Industry Act. Thy have this enviable responsibility of ensuring that they commit themselves and work hard to provide a stable foundation. The Petroleum Industry will go through a reformed process and the process has already started. While the Senate confirmed them, we expect nothing less but commitment and patriotism from their side. The Senate wishes them a best of luck and a very fruitful tenure.” – Senate President Ahmad Lawan

2. Report of the Committee on Finance
2022-2024 Medium-Term Fiscal Framework by Senator Solomon Adeola

Senator Solomon Adeola moved that the Senate do receive and consider the report of the Committee on Finance on the 2022-2024 Medium-Term Fiscal Framework.

Senator Barau Jibrin seconded.

Senator Solomon Adeola laid and presented the report.

“The time of oil is over, we have to now look for non-oil revenues to fund our budget. We really have to work very hard. I also want to say with the unbundling of NNPC, it is going to bring a lot of transparency and accountability.” – Senator Chukwuka Utazi

“By the time the Upstream Petroleum Regulatory Commission takes office after they have been confirmed by the Senate, the Department of Petroleum Resources (DPR) cease to exist. So all the functions of the DPR will be transferred to the Upstream Petroleum Regulatory Commission.” – Senate President Ahmad Lawan

“I have a few challenge here, one of them here is the deficit of about N6 trillion. That is heavy for us. I believe there is a need for an ad-hoc Committee to sit together and look at how we can reduce this drastically. We cannot look away from the fact that this borrowings is injuring us. With that I want to commend the Chairman again.” – Senator Biodun Olujimi

Senate approved the following recommendations:
1. That the aggregate expenditure of N16.39 trillion be approved;

2. That the retained revenue of N10.3 trillion be approved;

3. That the Fiscal deficit of N635.4 billion be approved;

4. That the Budget Office of the Federation and the Federal Ministry of Finance, Budget and National Planning be commended for insisting that MDAs submit their revenue profile as premise for being captured in the 2022 budget proposal.

“Let me join all my colleagues who contributed in this debate. First of all, our Committee on Finance has been doing very wonderfully well, very professional and I will urge you to continue to be as dogged as you have been. I am sure those MDAs that vomited N400 billion would have vomited more if we had pushed harder. Many of these MDAs have been cornering funds that ordinarily should have gone into treasury. So we should not be content with only N400 billion. It is a good thing that it happened but we must insist that it goes beyond the N400 billion. I am sure that we can even get up to a trillion naira. I also agree that the deficit from the borrowing is a bit high then again the choice is limited. On one choice we can’t say we cannot borrow because it is becoming too much when we don’t have ways and means of funding the country. If we need to reduce the borrowing that means we have to improve on the revenues that we receive. I want to thank you most sincerely for a very professional job that your Committee has done. And of course the Senate is ready to receive Mr. President tomorrow now that we have passed the 2022-2024 Medium-Term Fiscal Framework.” – Senate President Ahmad Lawan.

CONSIDERATION OF BILLS FOR SECOND READING
1. A Bill for an Act to Establish the Disaster and Risk Management Council of Nigeria and for other related matters, 2021 (SB. 466) by Senator Sadiq Umar.

Deputy Leader, Senator Ajayi Borrofice while seconding the Bill said that there is a global effort to mitigate the impact of climate change. According to him, Nigerians have been fortunate to not be victims of disasters that have happened in some other parts of the world.

The Bill was read the Second Time and referred to the Committee on Establishment and Public Service Matters to report back within four weeks.

2. A Bill for an Act to provide for the Establishment of the Federal Capital Territory (FCT) University of Science and Technology Abaji and for other related matters thereof, 2021 (SB. 230) by Senator Philip Aduda

In the debate of the general principles of the Bill and having beenearlier passed in the Seventh and Eighth Senate, the Senate Leader, Senator Yahaya Abdullahi argued that the Senate recommit the Bill with the changes that were made to the Committee of the Whole without going to Public Hearing.

“My understanding is we should be on the side of caution. We can send it to the Committee that is supposed to handle this; the Committee will bring its report and then we expedite action. If we just pass this without our relevant Committee looking at them, we will end up not being thorough.” Senate President Ahmad Lawan

“Without prejudice to all that has been said, I think we should take a uniform position. I think what you have said is very clear. Anything that comes now in this Ninth Senate, we should still commit it to the respective appropriate Committee but they will be guided and check why the bill was not accented to and ensure corrections are done.” – Senator Ibikunle Amosun

“I have listened to all the sides of the argument. I feel that having a Committee to look at and confirmed corrections done by the sponsor is necessary. When we send it to a Committee, the Committee will look at those corrections done. If the Committee is satisfied, then there is nothing like public hearing. The Committee is going to sieve what is good and what to go. I go with Senator Ibikunle Amosun that we refer it to the appropriate Committee and no public hearing.” – Senate President Ahmad Lawan

The Bill was referred to the Committee on Tertiary Institutions and TETFUND to report back in two weeks.

3. A Bill for an Act to Establish the Microbiology Council of Nigeria to provide for the control of its membership and promote and foster the practice of micro biology in the federation and for other connected matters thereto, 2021 (SB. 139) by Senator Barau Jibrin

Senator Ajayi Borrofice seconded, said: “Microbiology is very important in production of vaccines. It is unfortunate that here in Nigeria, we cannot boast of producing a vaccine. So it is important that we have a registered Council that will have a list of professional microbiologist that Nigeria can call upon at any time when there is a need of a particular expertise. Having said this, I rise to support that this Bill be read the Second Time.”

The Bill was read the Second Time and referred to the Committee on Establishment on Public Service Matters to report back within four weeks.

4. A Bill for an Act to Establish the Federal Eye Centre Ochandamu, Kogi State to take over staff, assets and liabilities of the Holley Memorial Hospital for the prevention and cure of eye defects and diseases and to establish a Board to govern the Centre and an Academic Committee to take charge of the Centre’s academic affairs and for related matters, 2021 (SB. 760) by Senator Isah Jibrin

Senator Smart Adeyemi seconded, said “I rise to support this Bill for the upgrade of Holley Memorial Hospital to a full fledged Federal Eye Centre. In time past billions of Naira have gone into health tourism. I hold the view that the Bill that my brother is sponsoring is for the benefit of our people. The Bill will help those who are likely going to face the challenges of eye sight. I equally hold the view that upgrading this hospital to a full fledged eye center will create job opportunities for quite a number of highly trained and medical personnel.”

The Bill was read the Second Time and referred to the Committee on Health to report back within four weeks.

5. A Bill for an Act to Repeal the Legal Practitioners Act Cap L11 LFN 2004 and for other related matter therewith, 2021 (SB. 815) by Senator Opeyemi Bamidele.

Senator Surajudeen Ajibola Basiru seconded, said “The objectives, justification and necessities of the Bill have been well articulated. The lacuna in the existing law will be filled in this regard.”

The Bill was read the Second Time and referred to the Committee on Judiciary, Human Rights and Legal Matters to report back within four weeks.

6. A Bill for an Act to Amend the Legal Education (Consolidation Etc.) Act L10 Laws of the Federation 2004 to make provision for the establishment of additional campuses for the Nigeria Law School and for other related matters, 2021 (SB. 820) by Senator Smart Adeyemi

Senator Sandy Onor seconded, said “There is need to increase Law schools in order to expand the opportunities they have. I think we just need to add by way of caution that while this idea is beautiful we should be careful so that we don’t over proliferate.”

“I rise to support this lead debate. Mr. President, first I really want to commend Senator Smart Adeyemi for this initiative. For those of us who are members of the legal profession, most especially those of us who have been in this Chamber for a very long time, I am a little bit embarrassed that we didn’t pick on this and that it took Senator Smart Adeyemi who is just about to join us to identify this challenge that our legal education is facing in this country. I support this Bill in principle and I also support it in respect of the locations that have been canvassed.” – Deputy Senate President, Senator Ovie Omo-Agege

The Bill was read the Second Time and referred to the Committee on Judiciary, Human Rights and Legal Matters to report back in four weeks.

ADJOURNMENT
Senate Leader, Senator Yahaya Abdullahi moved for the Senate to stand down all other items on the order paper till another legislative day.

Deputy Minority Leader, Senator Philip Aduda seconded.

Plenary was adjourned to Thursday, 7th October, 2021.

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Signed
New Media Unit
Office of the President of the Senate
Federal Republic of Nigeria