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Senate ignores consideration, passage of N22.7tr Ways and Means, adjourns to February 28

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***As Nigeria risks additional N1.8trillion debt

The planned final consideration and passage of N22.7trillion Ways and Means Restructuring request forwarded to the senate and the House of Representatives by President Muhammadu Buhari in December, 2022 for expeditious consideration suffered another setback on Wednesday as the Senate adjourned till February 28th without its passage.

The inability of the Senate to pass the N22.7trillion Ways and Means Restructuring request by President Buhari may put the country at risk of incurring additional N1.8trillion debt as President Buhari had warned three weeks earlier when he assented to N21.83trillion 2023 budget.

The request was neither listed on the Order Paper used for plenary on Wednesday nor mentioned by the Senate leader who is the Chairman of the special committee set up for that purpose.

The President of the Senate , Ahmad Lawan, had on Tuesday last week, declared that the Senate was ready to approve the request, provided required details of the spendings were made available by the Finance Minister, Zainab Ahmed and Governor of the Central Bank , Godwin Emefiele.

He said if not for Restructuring of N22.7trillion Ways and Means request, the Senate and by extension, the House of Representatives would have adjourned plenary on Thursday last week till after the Presidential and National Assembly election.

“We must have necessary information for passage of the N22.7trillion Ways and Means Restructuring request as time is not on our side in the Senate now in view of coming general elections.

“If there is need for the Senate to sit up to Friday (last week) for thorough consideration and passage of the request, it will be done but the affected officials from the executive must also expedite action on provision of required information as regards documents authorising approval and disbursement of the monies totalling N22.7trillion”, he had said
But the Senator Gobir led committee did not present any report for consideration by the Senate on Tuesday and Wednesday this week, making the Senate to adjourn without approving it as earlier planned .
The committee had lamented that the expected details from the executive arm of government on how the N22.7trillion was expended within 10 years were not provided
Nigeria, as warned by President Muhammadu Buhari three weeks ago, risks incuring additional N1.8billion with non – approval of the requested N22.7trillion Ways and Means Restructuring by the National Assembly.
President Buhari who gave the warning when assenting to the N21.83trillion 2023 budget had said : “Balance of N22.7trillion Ways and Means, has accumulated over several years and represents funding provided by the CBN as lender of last resort to the government to enable it to meet obligations to lenders, as well as cover budgetary shortfalls in projected revenues and/or borrowings.

”I have no intention to fetter the right of the National Assembly to interrogate the composition of this balance, which can still be done even after granting the requested approval.

”Failure to grant the securitization approval will however cost the government about N1.8 trillion in additional interest in 2023 given the differential between the applicable interest rates which is currently MPR plus 3% and the negotiated interest rate of 9% and a 40year repayment period on the securitised debt of the Ways and Means”.

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Legislature

Adebayo Defends National Assembly’s Power to Remove CCT Chairman

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Prince Adewole Adebayo

The Social Democratic Party (SDP) presidential candidate in the 2023 general election, Prince Adewole Adebayo, has addressed the controversy surrounding the National Assembly’s removal of the Code of Conduct Tribunal (CCT) chairman.
Speaking on the matter, Adebayo argued that the legislature acted within its authority and emphasized the importance of integrity in public institutions saying that they have the power to remove the president and Commander-in-Chief of the Atmed Forces

The Nigerian Senate last Wednesday, invoked Section 157(1) of the 1999 Constitution (as amended) to remove the Chairman of the Code of Conduct Tribunal (CCT), Danladi Umar, from office.
The decision followed the adoption of a motion sponsored by Senate Leader, Senator Opeyemi Bamidele (APC-Ekiti), during plenary.
The motion titled “Invocation of Provision of Section 157(1) of the Constitution for Removal of the Chairman of the CCT” was unanimously supported by the Senate.

Senator Bamidele, while presenting the motion, emphasized the sacred role of the CCT in maintaining high moral standards in government business and ensuring public officials adhere to principles of accountability and integrity.
He argued that the conduct of Danladi Umar fell short of these expectations.
Key allegations against the embattled Chairman according to the Senate leader included Corruption and Misconduct with Multiple petitions alleging corruption and misappropriation of funds.
There were Reports of Mr. Umar being absent from office for over a month without official permission.
He was also accused of refusal to Cooperate with Senate Investigations as he only appeared once before the Senate Committee on Ethics, Code of Conduct, and Public Petitions and avoided subsequent invitations.
He was also accused of engaging a physical altercation with a security guard in the Federal Capital Territory, an incident described as unbecoming of a public servant coupled with ongoing investigations by the EFCC, ICPC, and DSS which the senate refferred to a gross misconduct and negligence.
The Senate replaced Umar with President Bola Ahmed Tinubu’s nominee Mr. Abdullahi Usman Bello whose appointment was confirmed on July 4, 2024.

This decision has sparked criticism, with some legal experts arguing that the legislative body relied on a section of the Constitution—Section 157(2)—that applies to the Code of Conduct Bureau (CCB) and not the tribunal.

Critics claimed the removal process was flawed and that the legislature overstepped its bounds.
However, Adebayo who is also constitutional lawyer of repute dismissed the assertions, asserting that the National Assembly has the constitutional authority to discipline public officers, including the CCT chairman.
Adebayo explained that under the principle of separation of powers, the executive, legislative, and judicial branches serve as checks on each other.
“The National Assembly has oversight powers over public institutions, including the judiciary. The CCT chairman, while heading a judicial body, is still a public servant subject to the disciplinary powers of other branches of government,” Adebayo said.
He added that the Code of Conduct Tribunal, unlike the superior courts, operates as a unique judicial body tasked with trying violations of the Code of Conduct. As such, it falls within the legislature’s purview to act when misconduct occurs.
“If the National Assembly and the executive agreed that an official should be removed, that decision stands. The same principle applies to other branches of government intervening in cases of misconduct within their counterparts,” he explained.
Adebayo emphasized that the debate should not be reduced to legal technicalities but should focus on the ethical standards required for such critical roles.
“The chairman of the CCT is the custodian of public ethics. Any hint of misconduct undermines public trust in the tribunal and the judiciary. Someone in such a position must be above reproach, as their role is to enforce the same standards they must exemplify,” Adebayo said.

Reports of alleged misconduct involving the former CCT chairman, including unprofessional behavior, have further fueled public outcry. Adebayo argued that officials in such positions should step down voluntarily when their integrity is questioned.
Addressing the legal arguments raised by critics, Adebayo highlighted the difference between the Code of Conduct Bureau (CCB) and the Code of Conduct Tribunal (CCT).

“The CCB is an administrative body under the executive, responsible for compliance and asset declaration. The CCT, on the other hand, is a judicial body tasked with trying violations of the Code of Conduct. While the two institutions are distinct, both are subject to oversight and discipline by the legislature and executive,” he explained.

Adebayo urged Nigerians to approach the issue with objectivity, focusing on accountability rather than partisan arguments.

“The removal of the CCT chairman is about preserving the integrity of our institutions. This is not a matter of partisanship or legal maneuvering—it’s about ensuring that public servants are held to the highest ethical standards,” he said.
While some critics have called for judicial intervention to challenge the removal, Adebayo maintained that the National Assembly’s actions align with constitutional principles.
He emphasized the need for public officers, particularly those in sensitive roles, to maintain the highest levels of decorum and professionalism.

“This incident should remind us of the importance of accountability in governance. The integrity of our public institutions must remain sacrosanct,” Adebayo concluded.

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Legislature

NASS modifies NDLEA Act, Prescribes Life Imprisonment for Drug Traffickers

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The National Assembly has modified the National Drug Law Enforcement Agency (NDLEA) Act to prescribe life imprisonment for individuals found guilty of storing, transporting, or concealing illicit drugs and substances. 

The amendment was adopted on Thursday during plenary, presided over by Deputy Senate President Barau Jibrin, following broad support from the senators.

The amendment reflects a harmonised position of the Senate and the House of Representatives on Section 11 of the NDLEA Act. 

The House had earlier passed an amendment prescribing life imprisonment for drug traffickers, while the Senate had proposed the death penalty.

To reconcile the differences, a conference committee of both chambers was convened. Senator Tahir Monguno, Chairman of the Senate Committee on Judiciary, Human Rights, and Legal Matters, presented the harmonised version to the Senate. 

He urged lawmakers to adopt the House’s position of life imprisonment, arguing that enforcing the death penalty could lead to the execution of over 900 accused persons currently awaiting trial for drug-related offenses.

The Deputy Senate President who presided over the plenary had put the resolution to a voice vote, and the majority of senators supported the amendment. 

The approved version stipulates life imprisonment for offenders.
The amended section now reads:
“Anybody who is unlawfully involved in the storage, custody, movement, carriage, or concealment of dangerous drugs or controlled substances and who, while so involved, is armed with any offensive weapon or is disguised in any way, shall be guilty of an offence under this Act and liable on conviction to be sentenced to life imprisonment.”
This amendment aims to strengthen the fight against drug trafficking while addressing concerns over human rights and the judicial implications of the death penalty.
The move is part of efforts to curb the growing menace of drug trafficking and its adverse effects on Nigerian society. According to Senator Monguno, the life imprisonment penalty strikes a balance between deterrence and humane judicial practice.
With the amendment, the NDLEA now has a robust legal framework to prosecute offenders and combat drug-related crimes effectively.

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Legislature

President Tinubu urges Senate to approve ₦1.767trn External Loan

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Bola Ahmed Tinubu

President Bola Ahmed Tinubu has formally requested the National Assembly’s approval for a $2.209 billion (₦1.767 trillion) external borrowing plan to finance part of the ₦9.17 trillion fiscal deficit in the 2024 budget. The loan, included in the 2024 Appropriation Act, is critical to the government’s broader strategy for economic recovery and growth.
In a letter to Senate President Godswill Akpabio, President Tinubu noted that the borrowing aligns with the provisions of Sections 21(1) and 27(1) of the Debt Management Office (DMO) Establishment Act, 2003. He also indicated that the Federal Executive Council (FEC) had approved the plan.
The President explained that the funds would be sourced through Eurobonds or similar external financial instruments. A detailed summary of the loan’s terms and conditions accompanied the letter to guide legislative scrutiny.
“This borrowing is necessary to address the budget deficit and fulfill our fiscal strategy for 2024. Swift approval will enable us to move forward with mobilizing these funds,” the President stated, emphasizing the urgency of the request.
Senate President Akpabio referred the matter to the Committee on Local and Foreign Deb

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