₦airaland Forum

THE TWO SENATOR ENDORSMENT RULE -- CONSTITUTIONAL or NOT?
I am not a member of the Senate but being a member of the National Assembly and part of the leadership of the legislature, I am compelled and duty bound to opine on any matter that touches on it. It is my considered opinion that the above made up rule by the Senate cannot pass the test of constitutionality.
Whilst Section 60 of the constitution gives the Senate the right to its own rules of business, Section 1(3) of the same Constitution expects such rules not to conflict with any provision in the constitution and declares that where there is any such conflict the constitution will take preeminence and such rule will be null and void.
Indeed Section 60 where the Senate derives the powers to formulate its rules declares that such powers are “subject to the provisions of this constitution” Furthermore, the rules envisaged in section 60 are those codified in the Senate Rule Book and I am not aware that there is anything like the 2 Senator endorsement rule in the book. It is only when there is no provision or a lacuna exists in the rule book in a given situation that the Senate is allowed by its rules to fall back on a convention. The convention so envisaged is the convention and practice in other legislatures and over time. The 2 senator rule is not a legislative practice in any part of the world and not in Nigeria for that matter.
But back to the constitution and why this new rule of engagement cannot pass constitutional muster and is caught and limited by the provisions of several sections of the constitution.
Firstly Section 147 (2) of the constitution provides :
“ Any appointment to the office of the Minister of the Government of the Federation, shall if the nomination of any person to such office is confirmed BY THE SENATE (emphasis mine) be made by the President“. In other words confirmation or approval is clearly by the Senate (simple majority) and not by 2
Senators from the nominee’s state. Where even all 3 senators from a state disapprove of a nominee, the nominee can still get the nod of majority of senators and this is what the law requires. The law never envisaged the screening of nominees to be a two man exercise which is what this is tantamount to.
Furthermore section 56 of the constitution is clear on the issue of voting on any issue in the Senate. It says:
56(1) Except as otherwise provided by this Constitution, ANY QUESTION PROPOSED FOR DECISION (emphasis mine) in the Senate or the House of Representativesshall be determined by the required majority of the members present and voting…”
56 (2)” Except as otherwise provided by this Constitution, the required majority for the purpose of determining ANY QUESTION shall be A SIMPLE MAJORITY (emphasis mine”
The above 3 provisions in the constitution make it abundantly clear that no rule of the Senate can subject the nomination of a minister by Mr. President to the votes , confirmation of just two persons. Simple majority is the law except where the constitution provides for two thirds majority as in for example constitutional amendments.
To subject a nominee to the whims and caprices of just 2 senators rather than the constitutional requirement of 55 senators (simple majority) is illogical. A situation where 2 senators from one state decide to play politics and filibuster a competent nominees confirmation will not help the country and Nigeria ends up the loser.
Confirmation of ministerial nominees is a serious national assignment and not an opportunity to settle individual, personal or political scores. Section 40 of the Constitution guarantees freedom to join a political party of ones choice and Section 42 is crystal clear that no one shall be discriminated against because of such choice. It states:
“A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or POLITICAL OPINION (emphasis mine), shall not by reason only that he is such a person (a)be subjected either expressly by , or in the practical application of , any law in force in Nigeria or any executive or administrative action, of the government to disabilities or restrictions to which citizens of Nigeria of other communities , ethnic groups, places of origin , circumstances of birth, sex ,religions or POLITICAL OPINIONS (emphasis mine) are not made subject”.
Any rule that leaves the fate of a nominee to the approval of senators from his state who are of a different political bent or ideology has the potential of running foul of the constitution in its application.
I encourage our senators to reconsider this new made up rule which is unknown to the constitution of our federal republic and a stark antithesis to it. We must avoid any temptation to introduce a dangerous and anti people precedent into our body politic.
*Gbajabiamila is the Leader of House of Representatives, Abuj
https://m.facebook.com/FemiGbajabiamila/photos/a.366307513419470.94928.330829613633927/1008513885865493/?type=3&refid=17

What is your take on this??

He should go to court...

Hon Femi has presented a very strong argument which I'm in agreement with. The Senate is to screen and approve nominees and not senators from the nominee's state. That said, I think the Senate also said that the controversial 2-approval rule is not sacrosanct. It simply means they are ready to play down on it.

Anyway, good argument for Gbaja though I don't agree with some of his positions on other political issues.

Johnrake69:
He should go to court...

Baba calm down na!

wike and Co are on a long thing

without being a lawyer, I knew that it was unconstitutional the very minutes I heard Senator Melaye saying it. it is a way of usurping the power of the president to nominate freely whoever he wants as ministers.

If the senators refused, a challenge in court will disgrace and rubbish them.

Hon Femi Gbajabiamila's position is in accordance with the position of the sanate leader who also opined that the two home senators endorsement rule is not sacrosanct.

Even by convention, senate has always confirmed the nomination of ministerial nominees who are being unnecessarily witch hunted by senators from their home state. The 7th senate screened and confirmed Obanikoro despite the fact that the three senators from Lagos as at that time rejected his nomination.

PDP senators from Rivers state will make the usual noise while majority of senators will confirm Amaechi.

Scintillating arguments!

TonyeBarcanista:
Hon Femi has presented a very strong argument which I'm in agreement with. The Senate is to screen and approve nominees and not senators from the nominee's state. That said, I think the Senate also said that the controversial 2-approval rule is not sacrosanct. It simply means they are ready to play down on it.

Anyway, good argument for Gbaja though I don't agree with some of his positions on other political issues.

Bruhahahaha... You are a clown

TonyeBarcanista:
Hon Femi has presented a very strong argument which I'm in agreement with. The Senate is to screen and approve nominees and not senators from the nominee's state. That said, I think the Senate also said that the controversial 2-approval rule is not sacrosanct. It simply means they are ready to play down on it.

Anyway, good argument for Gbaja though I don't agree with some of his positions on other political issues.

You don't have to agree with his other political view and issues because you don't share the same brain, heart and conscience with him.




Even your wife and children can't always be on the same page with you always and you don't need any announcement on that.

@ Op, include your source and let Lalasticala do the needful.

Carmal90:
THE TWO SENATOR ENDORSMENT RULE -- CONSTITUTIONAL or NOT?
I am not a member of the Senate but being a member of the National Assembly and part of the leadership of the legislature, I am compelled and duty bound to opine on any matter that touches on it. It is my considered opinion that the above made up rule by the Senate cannot pass the test of constitutionality.
Whilst Section 60 of the constitution gives the Senate the right to its own rules of business, Section 1(3) of the same Constitution expects such rules not to conflict with any provision in the constitution and declares that where there is any such conflict the constitution will take preeminence and such rule will be null and void.
Indeed Section 60 where the Senate derives the powers to formulate its rules declares that such powers are “subject to the provisions of this constitution” Furthermore, the rules envisaged in section 60 are those codified in the Senate Rule Book and I am not aware that there is anything like the 2 Senator endorsement rule in the book. It is only when there is no provision or a lacuna exists in the rule book in a given situation that the Senate is allowed by its rules to fall back on a convention. The convention so envisaged is the convention and practice in other legislatures and over time. The 2 senator rule is not a legislative practice in any part of the world and not in Nigeria for that matter.
But back to the constitution and why this new rule of engagement cannot pass constitutional muster and is caught and limited by the provisions of several sections of the constitution.
Firstly Section 147 (2) of the constitution provides :
“ Any appointment to the office of the Minister of the Government of the Federation, shall if the nomination of any person to such office is confirmed BY THE SENATE (emphasis mine) be made by the President“. In other words confirmation or approval is clearly by the Senate (simple majority) and not by 2
Senators from the nominee’s state. Where even all 3 senators from a state disapprove of a nominee, the nominee can still get the nod of majority of senators and this is what the law requires. The law never envisaged the screening of nominees to be a two man exercise which is what this is tantamount to.
Furthermore section 56 of the constitution is clear on the issue of voting on any issue in the Senate. It says:
56(1) Except as otherwise provided by this Constitution, ANY QUESTION PROPOSED FOR DECISION (emphasis mine) in the Senate or the House of Representativesshall be determined by the required majority of the members present and voting…”
56 (2)” Except as otherwise provided by this Constitution, the required majority for the purpose of determining ANY QUESTION shall be A SIMPLE MAJORITY (emphasis mine”
The above 3 provisions in the constitution make it abundantly clear that no rule of the Senate can subject the nomination of a minister by Mr. President to the votes , confirmation of just two persons. Simple majority is the law except where the constitution provides for two thirds majority as in for example constitutional amendments.
To subject a nominee to the whims and caprices of just 2 senators rather than the constitutional requirement of 55 senators (simple majority) is illogical. A situation where 2 senators from one state decide to play politics and filibuster a competent nominees confirmation will not help the country and Nigeria ends up the loser.
Confirmation of ministerial nominees is a serious national assignment and not an opportunity to settle individual, personal or political scores. Section 40 of the Constitution guarantees freedom to join a political party of ones choice and Section 42 is crystal clear that no one shall be discriminated against because of such choice. It states:
“A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or POLITICAL OPINION (emphasis mine), shall not by reason only that he is such a person (a)be subjected either expressly by , or in the practical application of , any law in force in Nigeria or any executive or administrative action, of the government to disabilities or restrictions to which citizens of Nigeria of other communities , ethnic groups, places of origin , circumstances of birth, sex ,religions or POLITICAL OPINIONS (emphasis mine) are not made subject”.
Any rule that leaves the fate of a nominee to the approval of senators from his state who are of a different political bent or ideology has the potential of running foul of the constitution in its application.
I encourage our senators to reconsider this new made up rule which is unknown to the constitution of our federal republic and a stark antithesis to it. We must avoid any temptation to introduce a dangerous and anti people precedent into our body politic.
*Gbajabiamila is the Leader of House of Representatives, Abuja




What is your take on this??

seunmsg:
Hon Femi Gbajabiamila's position is in accordance with the position of the sanate leader who also opined that the two home senators endorsement rule is not sacrosanct.

Even by convention, senate has always confirmed the nomination of ministerial nominees who are being unnecessarily witch hunted by senators from their home state. The 7th senate screened and confirmed Obanikoro despite the fact that the three senators from Lagos as at that time rejected his nomination.

PDP senators from Rivers state will make the usual noise while majority of senators will confirm Amaechi.

Which majority?
Hope pdp senators are nt included

TonyeBarcanista:
Hon Femi has presented a very strong argument which I'm in agreement with. The Senate is to screen and approve nominees and not senators from the nominee's state. That said, I think the Senate also said that the controversial 2-approval rule is not sacrosanct. It simply means they are ready to play down on it.

Anyway, good argument for Gbaja though I don't agree with some of his positions on other political issues.

It is fraud when a legally constituted body, instead of conducting itself regularly by the rule book and in harmony with the principles of its oath or charter, is ever busy looking for avenues, loopholes, bypass, to shunt process and amass power to itself which the rule book has not legitimately granted.

The Senate Leadership of the 8th Assembly is an opposition of the ruling party. Saraki must go!

What the senators are trying to do is to act as watch dog to the president who the constitution has enpowered to appoint on his discretion, by introducing the two senators caveat to settle political scores...

Even when Dino was reeling the supposed screening rules out, he was rambling back & forth cos he knew it would never stand in a competent court of law....

The constitution does not recognise "betrayer" & the "betrayed" so there is no law enpowering them to question the decision of the Executive order that is a ministerial nomination / appointment..

Hon Femi has just presented an intelligent piece. Nice one!

Gbajabiamila would have made a better Speaker.

dustmalik:
Gbajabiamila would have made a better Speaker.

I prefer him this way, he would be able to air his opinion unlike the restriction that will come with trying to be PC so as not to ruffle feathers...


The SP position was just not meant to be...... Dogara ia not doing a bad job either, he just isn't Gbaja though. .

The two senator s rule should be supplementary to the simple majority rule provided for in constitution. And should not preclude any screening and checking necessary to enable the entire Senate give good account of the Morales, ethics and accepted cultures of the ministers. So in this particular case, the number of senators to approve the minister should be 57 instead of 55. and so should be in all cases such as this.

Alphaoscar:
@ Op, include your source and let Lalasticala do the needful.

Done..
Culled from his official facebook page

HzRF:
Which majority?
Hope pdp senators are nt included

APC is the majority party in the Senate.

Cc Lalasticlala
Cc seun
Cc tonyebarcanista
Cc obiageal

TonyeBarcanista:
Hon Femi has presented a very strong argument which I'm in agreement with. The Senate is to screen and approve nominees and not senators from the nominee's state. That said, I think the Senate also said that the controversial 2-approval rule is not sacrosanct. It simply means they are ready to play down on it.

Anyway, good argument for Gbaja though I don't agree with some of his positions on other political issues.

Good to hear your position on this.

seunmsg:
APC is the majority party in the Senate.

ND dey can take decision without 2/3 third thingy

HzRF:
ND dey can take decision without 2/3 third thingy

It takes a simple majority of senators present at a sitting to confirm a senator.

seunmsg:
It takes a simple majority of senators present at a sitting to confirm a senator.

Which law state that

I know vividly that the senate will jettissoned the plan of two senator should endorse before been cleared, but nevertheless some minister to be will still face daunting task e.g amaechi, lai and d rest