The Senate was on Tuesday sharply divided over the debate on a Bill to regulate the slaughtering, breeding and ranching of donkeys in the country.

The Bill for an Act to regulate the slaughter of donkeys and establish the breeding and ranching of donkeys through the export certification value chain to mitigate the extinction of donkeys and for a related matter, which sparked the debate, was sponsored by the Senate Leader, Senator Abdullahi Yahaya.

Raising a point of order 43 of the Senate rules before Senate Leader could lead the debate on the bill, Senate Minority Leader, Senator Eyinnaya Abaribe, drew the attention of his colleagues to some provision in the Constitution on why the Senate should not go ahead with debate on the Bill.

Insisting that the Bill is a violation of some provisions in the Constitution, Abaribe said, “I will expect that as a parliament we should look at the Constitution before certain things are put up here.”

Making reference to Section 4 second schedule of the 1999 Constitution, Abaribe noted that there are 68 items in the Exclusive Legislative List.

He said further action on the bill, will invariably make the Senate going against the laws of the land by dabbling into issues that on the residual list of the Constitution, meant for legislative actions of State House of Assembly and Local Government Councils.

According to him ” Section 4(4a) of the constitution says The National Assembly shall legislate on: any matter in the Concurrent Legislative List set out in the first column of Part II of the Second Schedule to this Constitution to the extent prescribed in the second column opposite thereto
“Part 17-20 of the Second Schedule

17. The National Assembly may make laws for the Federation or any part thereof with respect to
(a.) the health, safety and welfare of persons employed to work in factories, offices or other premises or in inter-State transportation and commerce including the training, supervision and qualification of such persons; (b) the regulation of ownership and control of business enterprises throughout the Federation for the purpose of promoting, encouraging or facilitating such ownership and control by citizens of Nigeria;

” ( C) the establishment of research centres for agricultural studies; and
(d), the establishment of institutions and bodies for the promotion or financing of industrial, commercial or agricultural projects.

” Section 18 of the Constitution states ” Subject to the provisions of this Constitution, a House of Assembly may make laws for that State with respect to the industrial, commercial or agricultural development of the State.
“We are to make laws exclusively based on what is determined in the constitution…livestock and matters of that nature are not expressly provided for in the list. I so submit”.

Speaking in support of the bill, Deputy Senate Whip, Senator Abdullahi Sabi said the bill is something this country needs and “we should support it.”

He noted that the issue of donkeys going into extinction in Nigeria was sometimes discussed and approved in 2004 at the national council on agriculture and rural development in Sokoto.

The ranking Senator emphasised why the issue should be of concern to everybody, saying, “the concern Mr President is for every country must be concerned about the flora and fauna. Because the ecosystem is designed in such a manner that the balance we are enjoying today, is driven by the diversity of flora and fauna.

“This subject matter which the Minority Leader is referring to in the same Constitution, the federal government is also given the right to look at the research. Breeding is research work. This bill is therefore looking at when you don’t want something to go into extinction.

“Some people have suddenly realised the value of the skin of a donkey. The population of donkeys in the North are used for many things.”

Arguments of Abdullahi were however faulted by Senator Ajibola Basiru ( APC Osun Central), who said the constitutional point of order raised against the bill by the Minority leader was in order.

He said: For record proposes, the fact that a matter is deemed necessary, does not automatically confer on the federal legislative act and legislative competence.

“Section 1(3) is clear. That any law contrary to the provision of the constitution is to the extent of that urgency null and void. The basis of our existence and power is the constitution.

Read Also: Nnamdi Kanu: There’ll be trouble if truth finally comes out — Soyinka

“I align with the Minority Leader that we should not legislate on the subject matter presented to us by the bill in line with provisions of the 1999 Constitution”, he said.

The bill however scaled second reading with the Senate President’s intervention who ruled Abaribe out of order.
His words: “It is not for commercial purposes but to prevent extinction. I feel that we can legislate on it.
“Economically, it is needed not in terms of selling it but in terms of keeping the environment balanced. I rule that we can go ahead and consider the bill”.

Leading debate on the Bill, Senator Abdullahi Yahaya said that the Bill seeks to regulate the slaughter of donkeys, establish the breeding and ranching of donkeys through the export certification value chain to mitigate the extinction of donkeys given their Aesthetic, Ecological, Educational, Historical, Recreational and Scientific Value to the Nigeria Nation.

The Bill, according to him, will further complement the import and export of raw animal skins and hides especially donkey currently on the Customs Prohibition List.

Senators Ibrahim Gobir, Adamu Aliero and Ajayi Boroffice, supported the bill during the general debate.
The upper chamber later mandated its Committee on Agriculture and Natural Resources to do more legislative inputs on the bill and report back at plenary within two weeks.

source: https://newstrack.oak.tv/senate-divided-over-bill-to-regulate-slaughtering-breeding-ranching-of-donkeys/

This shouldn’t be a priority