NATIONAL ASSEMBLY
DEBATES
FOURTH ASSEMBLY
FIRST SESSION
HOUSE OF REPRESENTATIVES
OFFICIAL REPORT
HOUSE OF REPRESENTATIVES FEDERAL
REPUBLIC OF NIGERIA
Tuesday, 13th July, 1999
The House met at 11.33 a.m.
PRAYERS
(Mr. Speaker in the Chair)
VOTES AND PROCEEDINGS
Mr. Speaker: Hon. Members, I have examined and approved the Votes and Proceedings of Thursday, 8th July, 1999.
OATHS
Mr. Speaker: Hon. Members who have not taken and subscribed the Oaths should please come forward. (No response)
ANNOUNCEMENTS
Meeting of the Professionals
Mr. Speaker: This is to invite all hon. Members to the meeting of the professionals coming up on the 13th day of July, 1999 at 9.00 a.m.. at Committee Room 6. (Hon. J. F. Adeyemi - Co-ordinator)
PRESENTATION OF REPORT
Ad-hoc Committee on Anambra State House of Assembly Crisis
Mr. Speaker: Hon. Members, the first item on today's Order Paper is the Presentation of the Report of the Ad-hoc Committee on the Crisis in Anambra State House of Assembly. May I call on the Deputy Speaker to present the Report of the Committee, please?
Hon. Nwuche C. Nwabueze (Abua/Odual/Ahoada East): Mr. Speaker, hon. Members, I wish to present the Report of the Ad-hoc Committee on the Anambra State House of Assembly Crisis.
Mr. Speaker: The Report should please be laid on the Table.
(Report laid on the Table)
ORDERS OF THE DAY
MOTIONS
Adoption of the 1999 Constitution as a Transitional Constitution
Mr. Speaker: Hon. Members, there are three Motions on today's Order Paper. The first Motion stands in the names of Hon. Jerry Sonny Ugokwe and four others. He is invited to move his Motion, please.
Hon. Jerry Sonny Ugokwe (Idemili North/Idemili South): Mr. Speaker, Sir, hon. Members, my Motion is to adopt the 1999 Constitution as a Transitional Constitution. I, therefore, move that: In view of the fact that the 1999 Constitution of the Federal Republic of
Nigeria was signed into law by a Military Regime; considering also the fact that some pertinent issues which formed the basis of the said 1999 Constitution were deleted and some introduced before its promulgation; this House do:
(i) Regard the 1999 Constitution as Transitional;
(ii) Review the provisions of the Constitution with a view to proposing necessary amendments to it;
(iii) Subject the proposed amendments to approval by democratic process. Thank you, Mr. Speaker.
Hon. Sani Udu (Fakai/Sakaba/WasaguDanko/Zuru): I do second the Motion, Mr. Speaker, Sir.
Question proposed
Mr. Speaker: I call on Hon. Jerry to speak on his Motion.
Hon. Ugokwe: Mr. Speaker, Sir, in moving the Motion to adopt the 1999 Constitution as a Transitional Constitution, I wish to state to this House that this is a Constitution that says: We, the people of Nigeria do agree on all that the Constitution
says. But it is unfortunate that it was a handful of people that decided that they are the people of Nigeria, without proper reference to you and I. This is a Constitution that we have reviewed and found that there are 322 areas that need to be addressed. This is a Constitution that on one hand gives you something, and on the other hand, takes it away from you. It is a Constitution that on one hand, says this honourable House of the National Assembly has the right to make and repeal laws: It is the same Constitution that gives the same powers to a single person in the person of Mr. President.
Mr. Speaker, Sir, I have received numerous calls from my constituency on the basis of the issues of this Constitution and it is one of the things that influenced my
liaison with the other Colleagues of this House to try to bring this Constitution to where it should be, which is a Transitional Constitution. I received about. five calls two days ago from members of my Constituency who happen to be residents overseas. The same Constitution that gives them powers to be dual citizens of Nigeria and other countries goes to another section of the Constitution and says that if they become dual citizens, they will not be qualified to run for office in this country. It is this same Constitution that gives, like I said, with one hand and takes with the other.
As I have said, we discovered 322 amendments that need to be made and the way the Constitution is right now, it is almost impossible for us at a particular time to get two-thirds of this House plus two-thirds of the House of Assembly in this country in order to be able to amend this Constitution. It is a Constitution that was promulgated by a Military Government. It is said to have taken lead from the 1979 Constitution which was also promulgated by a Military Government without a proper referendum to the people of this great country to approve.
Mr. Speaker, Sir, all I am saying is that what we need to do, is to regard this Constitution as a Transitional one, look properly at it and know where to make amends and make these amends on behalf of the people who have sent us here. When we have properly done that, we will take it to a democratically elected President to promulgate into law. It is only after that that we will have the conscience and moral justification to call that Constitution a Constitution of the Federal Republic of Nigeria. It is only after that, if you will permit me to look at the Constitution again, that we will be able to open the Constitution and say, Mr. Speaker, We, the people of the Federal Republic of Nigeria. As far as I know, I am not part of this We the people of the Federal Republic of Nigeria, and many people from my constituency, in fact, I have not seen any one of them who is one of these - We the people that this Constitution refers to.
On the basis of this, Mr. Speaker, I do ask that this Constitution be regarded as a Transitional Constitution. I am aware that some people are speculating that because of the way we came into office, the Constitution will now make us a Transitional House. I know this is the fear of many Members of this House. I say, Mr. Speaker, that what we can do is to regard the Constitution as transitional, and still maintain our status - we will then be able to alter places or change places that need to be changed; after that, we can now adopt the Constitution properly.
Thank you, Mr. Speaker.
Hon. Oladipo Olaitan (Alimosho): Mr. Speaker, Sir, hon. Members, with tremendous respect, I would like to clear a few misgivings. If we call this Constitution a Transitional Constitution, what are the implications that constitute the fears most of us have today? I urge that we look at the. implications in two ways. What do we gain if we call this document a Transitional Constitution and what do we lose if we run away from that fear and keep it as it is today? With tremendous respect, I think we stand to gain more if we take the; bull by the horn now and do the right thing at the right time by calling this document a Transitional Constitution, make the necessary amendments and forget it forever.
Constitutions are not ordinary edicts and laws that should be tinkered with at our whims and caprices. Constitutions are documents that are made to stand the test of time. Reading through this document, it is clear that it is not even intended to stand the test of time... From Section 3(17) (18) to 3(20) or thereabout, you begin to read transitional laws, transitional this and transitional that. We might as well get there once and for all.
As the mover of this Motion has said, we have discovered nothing less than 322 areas that need immediate attention Fundamentally,
distinguished ladies and gentlemen, this country is Federal Republic of Nigeria, not Republican Republic of Nigeria. So, in essence, this country is a Federal System. A transitional document itself is referring to a transitional provision. What a beautiful document! We uphold a federal system, can we in all honesty say that this document guarantees the federal system? The answer is, No. In a situation where there are areas where no State Government can do anything except there is recourse to the Central Government, do you call that a true federal system? In a situation where the Federal Government decides what goes to `A' and what goes to `B', do you call that a federal system?
Recently, the Federal Government issued money to the States, even without consulting with the Governors in the State. It said it did that to alleviate the problems of the teachers. Is that a true federal system or a republican system? We are talking about revenue allocation. Gentlemen, the fear, again, here is that if we are taking this motion, are we tearing Nigeria apart? No, nobody is tearing Nigeria apart. By the Grace of God, Nigeria will remain one indissoluble country; but one indissoluble country where all the nationals within Nigeria have their rights to live and grow at their own pace. I
believe that is why we are all here. Ladies and gentlemen, I urge all of you to rise up and support this motion.
Now, to a point raised by the mover that some of us have the fear that if we now regard this Constitution as a transitional document, does it now mean that we are transitional members of the House of Representatives? The answer of course, is No. We were elected into this House before this Constitution came into operation. These are the flaws we find in this document. I quite understand your agitation. I had before,. now taken a particular and proper study of. this document. Yes, the immediate reaction is to think that we are transitional. But, ladies and gentlemen, do not forget the fact we won the election before this said document was sent to us. (Applause) This constitution came into effect on the 29th of May, 1999, but you won the election on the 20th of February, 1999.
Distinguished hon. ladies and gentlemen, I come to this basic point - Is it legitimate for all of us here to therefore turn this country into a situation where there are no laws? Is that enough factor for us to regard this country as not a true federal system and
make it a country where somebody can just take us to where-ever he likes? Do we Nigerians want a federal system of government? That is the question. If we want it; does this constitution guarantee a federal system? I say, No. It does not.
A few examples will suffice. Is the police system we have in this country the police of a federal system? Certainly not. Does the revenue allocation system of this country guarantees federal system? No.
Hon. Obeten Okon (Yankurr Abi): Point of Observation, Mr. Speaker.
Mr. Speaker: Your observation is overruled. You can proceed, Hon. Olaitan.
Hon. Obeten Okon: Point of Constitutional information. (Interruptions)
Mr. Speaker: What constitutional information?
Hon. Obeten Okon Obaten: Mr. Speaker, Sir, hon. Members, the Constitutional information I want to offer this honourable House is that the power conferred on us in this National Assembly are prescribed in Section 4 of the Constitution, and that Section limits us. The Section 4 imposes some limitations on us, and if we do anything outside those imposed limitations, we are acting ultra vires our powers.
4(8) Save as otherwise provided by
this Constitution, the exercise of legislative
powers by the National Assembly or by a
House of Assembly shall be subject to the
jurisdiction of courts of law and of judicial
tribunals established by law, and accordingly,
the National Assembly or a House of
Assembly shall not enact. any law, that ousts
or purports to oust the jurisdiction of a court
of law or of a judicial tribunal established by
law.
See also Section 6(1)
6(1) The judicial powers of the Federation
shall be vested in the courts to which this
section relates, being courts established for
the Federation.
And Section 6 Sub-6(b) qualify the competence of the court:
6(6) The judicial powers vested in accordance
with the foregoing provisions of this section -
(d) shall not, as from the date when this section
comes into force, extend to any action or
proceedings relating to any existing law made on
or after 15th January, 1966 for determining any
issue or question as to the competence of any
authority or person to make any such law.
Mr. Speaker, Sir, if you go a step further, Section 9 of the same Constitution has created the same methodology for its amendment. So, for your information, distinguished Speaker, if we are acting as the Legislators of the Federal Republic of Nigeria, we must act in accordance with the Constitution. There is no provision of the Constitution which empowers us to transit the Constitution as a means of amending it.
(Applause)
That is my point, Sir.
Hon. Musa Elayo (Awe/Doma/Keana): Mr. Speaker, Sir, hon. Members, I will like to draw of this honourable House to the provision of Section 1 Sub-Section 1 of the Constitution which says:
This Constitution is supreme and its provisions
shall have binding force on all authorities and
persons throughout the Federal Republic of
Nigeria.
Sub-section 3 says:
If any other law is inconsistent with the provisions
of this Constitution, this Constitution shall prevail,
and that other law shall to the extent of the inconsistency be void.
By implication, this Constitution is a law, and we cannot, by mere resolution, tamper with the law.
(Applause)
Thank you, very much, Mr. Speaker.
Hon. Abdullahi Idris Umar (Yamaltu/Deba): Mr. Speaker, distinguished Colleagues, I wish to point out two things. One, socio-political implication of the Motion, and also the legal implication of the Motion.
Socio-politically, the mover of the Motion has tried to convince us that we are not the makers of this Constitution, that the Constitution came into force after we were elected into office. Let me make a point clear that no matter the amendment, no matter the destruction, no matter whatever we do, we cannot make the Constitution to have the wisdom of a Koran, or the wisdom that of a Bible. That is the socio-political aspect.
Legally, I want to concur with the hon. member for Awe/Dona/Keana (Hon. Musa Elayo). Section I of the Constitution is very clear. It makes the provisions of this Constitution supreme over and above any law in Nigeria. This House of Representatives is empowered to make laws for peace and good governance. We can make laws but if we refuse to make any law that will operate inconsistent with the provisions of this Constitution, such law will be void. So if we make the law, it is going to be void. Even if it comes by way of a Bill, it is going to be void,
talk less of an ordinary Resolution.
This House is deemed under the Constitution to have come into force through this Constitution. All existing laws are deemed to be made by the National Assembly. All existing laws have been recognised by this Constitution. The law under which our elections were conducted is deemed to have been made by this National Assembly.
Section 9 of this Constitution has clearly provided for how to amend the Constitution. If anybody feels that there is any section of the Constitution that is inconsistent with his thinking or any arrangement or otherwise, he should initiate a proper bill for the amendment of the Constitution and table it before this hon. House for considerations.
Mr. Speaker Sir, honourable colleagues, I beg to move that this House strikes out this Motion as contained under Section 1, sub-section 3 of the Constitution of the Federal Republic of Nigeria.
Hon. Jerry Sonny Ugokwe (Idemili North/Idemili South): Mr. Speaker, Sir, I have a point of information.
Mr. Speaker: What point of information do you have?
Hon. Jerry S. Ugokwe: The point of Information I have is that, the last speaker was moving a Motion and not informing this House. He said that, he wants to move that this House which is not proper. Mr. Speaker: Your point of information is noted. My ruling on this is based on the comments and the Constitutional references made by hon. members, and it is hereby struck out.
Motion accordingly struck out.
MOTION
Provision of Light and Telephone Services to All Local Government Headquarters in the Federation
Hon. Kilyobas A. Kere (Kaltungo/Shongom): Mr. Speaker Sir, I stand to move a Motion on the provision of light and telephone services to all Local Government Headquarters of the Federation.
The motion reads:
In view of the fact that the previous
administration had directed that all the
newly created Local Government
Headquarters should be provided
with light and telephone services, and
considering the fact that these amenities
have not been provided to Local
Government Headquarters in the country,
this House do request the Federal
Government to look into the matter with
the aim of providing these amenities to
affected Local Government Headquarters
throughout the Federation.
I beg to move.
Hon. Dauda Garuba Budof (Borodo/Dass Tafawa Balewa): Mr. Speaker, Sir, I rise to second the Motion.
Hon. Kilyobas A. Kere: Mr. Speaker, Sir, before I expatiate on the Motion, I wish to bring forth a message of congratulations from my constituency for the job well done so far about the Committees setup by this honourable House to look into the Warri crisis, Teachers strike and the North East issue. My people are very happy with this honourable House.
Mr. Speaker, the essence of creating Local Government Areas is for development; to move development closer to the rural people by developing the rural areas, making it attractive for the youths to stay and develop themselves through creation of jobs and also to attract investors from other areas to these rural areas and to set up industries in order to create job opportunities. This cannot be achieved except there is electricity, communication through telephone services, good roads and water supply systems.
When the Administration created these Local Governments in 1996, they directed that the Local Governments should be connected to electricity and also telephone services to be supplied to these Local Government Headquarters. But up till this time I am speaking to this House, these services and the above-mentioned amenities have not yet been provided, particularly, to the two Local Governments within my constituency. At least, one of the two which is Shongom is still under darkness. Mr. Speaker, until these amenities are provided, we in Shongom Local Govermnent cannot watch television and cannot enjoy the type of life other Local Governments are enjoying.
I am also aware, based on the discussions I had with some of my colleagues in this House, that their Local Governments are not provided with light or telephone services. In fact, in some cases, they say that they have electricity supply but no telephone services and in some cases they do not have both. In fact in some other cases, they say Work was started but abandoned half way.
There is a constitutional provision and I refer to Section 16(b) which states:
Control of the national economy in
such manner as to secure the maximum
welfare, freedom and happiness of
every citizen on the basis of social justice
and equality of status and opportunity.
My people are not happy because they do not have these facilities. They cannot enjoy these amenities and they are in darkness. Mr. Speaker, I believe something need to be done urgently. If you go to the Fourth Schedule of the Constitution, Section 1(i) says:
The economic development of the State,
particularly in so far as the areas of authority
of the council and of the State are affected.
Economic development means provision of necessary infrastructure to make economic development possible and that, of course, include electricity supply, telephone services, good roads and water. It also goes further in (b):
Collection of rates, radio and television licences.
My Local Government cannot collect television licences not because they do not want television but because they do not have light.
So, Mr. Speaker, I urge this hon. House to approve this Motion to urge the Federal Government, as a matter of urgency, to provide these amenities to all the Local Government Areas in the Federation where these amenities are not. provided.
Thank you.
Hon. (Prince) Patrick Orok Agbor (Akankpa Baise): Mr. Speaker, Sir, it is the responsibility of this Assembly to take the action of supplying light. As we can see in Second Schedule, part two, section 13, page A 1064:
The National Assembly may make laws
for the Federation or any part thereof
with respect to -
(a) electricity and the establishment of
electric power stations;
(b) the generation and transmission of
electricity in or to any part of the
Federation and from one State to
another State.
So, Mr. Speaker, Sir, it is a must for this House to make sure that the Federal Government instals light to every Local Government Area in the Federal Republic of Nigeria.
Chapter one, part 2 sub-section 4, page A 871, says:
Legislative Powers of the Federal Republic of Nigeria.
4 -(1) The legislative powers of the Federal Republic
of Nigeria shall be vested in a National Assembly for
the Federation which shall consist of a Senate and a
House of Representatives.
Sub-section 4(a) reads thus
any mater in the Concurrent Legislative List set out in
the first column of Part H of the Second Schedule to
this Constitution to the extent prescribed in the second
column opposite thereto;
That section says that we have the power to establish light in every Local Government Area in the Federal Republic of Nigeria. So, there is no way we can run away from it. It is our responsibility. The local man has the right to enjoy light to the extreme ends of this country - North, South, East and West. The common man has the right to enjoy light and we have the power to make them enjoy themselves; it is not exclusive to the' elites. So, my respected hon. Members of this House, your Constituencies expect you to make them, comfortable at least, when you come to the Local Government Headquarters, you should feel comfortable, and drink cold beer or water.
(Laughter)
Therefore, I submit that this House should supply light to all Local Government Areas.
Hon. (Barrister) Femi Kehinde (Ayedure/Iwo/OlaOluwa): Mr. Speaker, Sir, hon. Members, I have a point of Order bordering on Constitutional importance. This Motion is asking us to infringe on the Executive functions of the Federal Government. Our privileges lie solely on section 4 as Law Makers. Section 5, Sir, says:
5.-(1) Subject, to the provisions of
this Constitution, the Executive
Powers of the Federation -
(a) shall be vested in the President
and may, subject as aforesaid and to
the provisions of any other law made
by the National Assembly, be exercised
by him either directly or through the
Vice-President and Ministers of the
Government of the Federation or
officers in the public service of the
Federation. It could be Minister of
Communication or whoever.
Mr. Speaker, Sir, the mover mentioned section 16 of the Constitution. This section 16, relates to the Fundamental Objectives of State Policies and this section is not justiciable. It is only saying that these are the objectives of the Constitution. It does not say that if the Federal Government refuses to provide light and electricity, you can do anything. You cannot take them to court and that is the rider provided for in section 6(6) (c), which says that the fundamental objectives -
(c) shall not, except as otherwise provided
by the Constitution, extend to any issue or
question (you cannot question section 16)
as to whether any act or omission by any
authority or person or as to whether any law
or any judicial decision is in conformity with
the Fundamental Objectives and Directive
Principles of State Policy set out in Chapter
II of this Constitution.
And that is why I said that that section is not justiciable.
Mr. Speaker: Thank you, very much. I am ruling on your constitutional point. The Motion clearly states that:
This House do request the Federal
Government to look into the matter.
Therefore, your Point of Order on Constitutional matter is overruled.
Hon. Mike Ogar (Obanliku/Bekwarra/Obudu): Thank you, Mr. Speaker, Sir. I rise to support this Motion. I think the Principal mover of this Motion has so enunciated the reasons why this Motion should be supported by this honourable House. I can only add that, as we all know, the principal objectives for operating Local Government Areas is to bring development down to the grassroots, and we are representatives of the people of this country. Like our hon. Speaker has always said, all our actions here must be in the interest of the common man. The common man lives at the grass root. So, I urge this honorable House to demonstrate its commitment to the common man by supporting this Motion and encourage the Federal Government to extend these amenities that make everyday life worthwhile to the areas that do not have them, especially, the newly created Local Government Areas and in future, extend it to every nook and crannies of this country.
Mr. Speaker: I cannot call all Sponsors because of time. Among the five Members remaining in the Order Paper, can I have one of you to speak? Please, agree among yourselves.
Hon. Adamu Usman Degri (Balanga/Billiri): As the first person on this Motion, I believe the Motion itself is self-explanatory because I believe in the best interest of all Members here, present. This issue deals with the development of our constituencies and it is the policy of this which touches the lives of its citizens. Therefore, for government to provide services as a matter of necessity, we need light to generate water, and we need telephone to cut transportation cost. This is because in all the local governments that have no telephone services, you have to travel to a destination where you are not sure of seeing the official you intend to see. But if the services of telephone is provided, you will simply dial and get to know whether the person is on seat or not. It may even turn out to be that it is not a matter of necessity for you to come down. You can decide and continue to do some other things which will develop your area.
Mr. Speaker, at this point, I would want to tell you that for instance, in Balanga Local Government where I come from, somebody in one part of the Local Government will have to travel across five Local Governments before he gets to the headquarters. This is as a result of lack of telephone services and then the road services are poor and of course, the issue of electricity is another problem as well. I remember that at one time, an industry was proposed for that area but had to be shelved because there was no electric facility. Also, I drive to most parts of this country and you will discover that most part of the job with regards to electricity, has been done by way of erecting the
poles to all nooks and corners. What remains to be done is to get the wire, the irons and so on to connect these things. I believe that if we give this Motion the attention it deserves, we will definitely achieve this goal and by the end of our tenure, we would have at least been
opportune to provide electricity and telephone as our contribution to the development of our own local areas.
I will rest my case here. Thank you.
Mr. Speaker: I will take arguments against this Motion, please.
Hon. Jaafaru M. Damulak (Shedam/Mikang Quaan-Pan): I think this Motion about provision of telephone services is a luxury. I think the priority of most people in this country and most, local governments, are access roads, drinking water and possibly, electricity. If you connect telephones to every local government, how many people can afford to pay the bill? How many people are going to have access to these telephones?
Hon. Chaimaobi Nwakanma (Isiala Ngwa North/South): I have a Point of Order.
Mr. Speaker: What Order, please?
Hon. Chaimaobi Nwakanma: The Motion is not talking about villages in the local areas, it is talking about Local Government headquarters.
Mr. Speaker: You may continue, please.
Hon. Jaafaru M. Damulak (contd.): I am talking about Local Government headquarters not villages. We are particularly talking of telephone facilities and not electricity - (Interruptions)
Mr. Speaker: My honourable Members, this is the beauty of democracy - freedom of expression, freedom of speech and freedom of the Press. Hon. Jaafaru Damulak, please, continue. (Applause)
Hon. Jaafaru M. Damulak: If we are talking of telephone, the cost of tele-communication, how are we going to ask NITEL to be commercially viable when you are asking NITEL to go into areas where the number of subscribers will not make it profitable or viable? To provide electricity, I agree but telecommunication, I think instead of that, let us spend the money to provide access roads and water to the people.
Mr. Speaker: Thank you, very much. I am still asking for comments against this Motion, please.
Hon. (Dr) Augustine Obozuwa (Etsako): The' point of information, Mr. Speaker, Sir, is that sometime last year, the Federal Government took a decision that all Local Government Headquarters should be linked by telephone. I am not arguing against that but this is a point of information that a decision was taken. So, this should be checked out. It was a decision of the Federal Government that every Local Government Headquarters in this country should be linked up with telephone services.
Mr. Speaker: Thank you, very much. I will take only arguments against but not on point of information or any other thing. So, I will now put the question.
Question put and agreed to.
Resolved: That in view of the fact that the previous administration had directed that all the newly-created Local Government Headquarters should be provided with light and telephone services, and considering the fact that these amenities have not been provided to Local Government Headquarters in the country, this House do request the Federal Government to look into the matter with the aim of providing these amenities to affected Local Government Headquarters throughout the Federation.
Release of Hostages in Enwhe Location of Shell
Petroleum Development Company Limited
Mr. Speaker: I will go on to the third Motion on
the Order Paper. I will call on the hon. Member from Abua/Odual/Ahoada East (Hon. Chibudom Nwuche), the Deputy Speaker, to please move his Motion.
Hon Chibudom C. Nwuche (Abua/Odual/Ahoada East): Mr. Speaker, Sir, hon. Members of the House of representatives, I hereby move the Motion that:
Whereas some expatriates working in the Enwhe field, Rivers State location of Shell Petroleum Development Company of Nigeria Limited have been taken hostage along with their helicopter by
suspected youths of Enwhe village in Rivers State in protect against certain deprivations by Shell Petroleum Development Company of Nigeria Limited;
Whereas the said youths are said to have demanded ransom for the release of the men and the helicopter and;
Whereas the health of the men and security of the helicopter is in serious jeopardy.
NOW THEREFORE, be it resolves:
(i) That the House notes and expresses concern over the grievances of the youths but frowns at the kidnapping of the expatriates and hijacking of their helicopter;
(ii) That the House calls for immediate and unconditional release of all persons and property being held by the youths;
(iii) That the Federal Government do liaise with the oil companies and take remedial measures to ensure that peace returns to the Niger Delta for smooth operations of the oil companies;
(iv) That the House do institute parliamentary peace delegation to enlighten them on what government is doing to address their problems.
I humbly beg to move.
Hon. Chimaobi Nwakanma (Isiala Ngwa North/Isiala Ngwa South): Hon. Speaker of the House of Representatives, I beg to second this Motion.
Mr. Speaker: I call on Hon. Chibudom Nwuche, the Deputy Speaker to please make his comments.
Hon. Chibudom Nwuche: Most Distinguished Members, I am on my feet again to once more appeal to you to assist the Government to permanently resolve the problems in the Niger Delta area of this country. Essentially, as you are aware, the youths have . been up in arms against the Government and have resorted, unfortunately, to hijacking and other illegal acts. These acts are
condemnable and I think that we should condemn them totally. However, I believe that for genuine peace to return to the area, the Government needs to, in some manner, address the issues surrounding the problem.
This honourable House has always been at the vanguard that protects the oppressed in this country; the House that initiates actions on urgent national issues. If we do not make an input in this process, we would have lost an opportunity to once again lead the nation. I believe that we need to institute a peace delegation of this House to go to the affected areas and enlighten the youths as to the futility of their actions in hijacking and kidnapping personnel of the oil companies, that it does not do their interest any good and also that Government has put in place measures to develop those areas and that they should give peace a chance. I think that this honourable House would be performing its duty and be living up to its expectations by putting in place such a delegation.
I would like to once again thank this House for the information they provided last week that enables us to reword the motion today. I would like to urge this honourable House to allow this motion to be carried so that we can take part in the process of bringing peace to Niger Delta area of this country instead of allowing only the Executive to play a part in that process.
Thank you, very much. (Applause)
Hon. Agbeotu Emibra (Burutu): Point of observation, Mr. Speaker.
Mr. Speaker: What observation?
Hon. Agbeotu Emibra: Mr. Speaker, Sir, hon. Members of the House, I observe that my name is included here as part of the sponsors of this Motion. Mr. Speaker, Sir, I want to inform this honourable House that I have no knowledge of what is in this Motion.
Mr. Speaker: Your point is noted. The Chairman of the Rules and Business Committee should please take notes of that and that should never happen again.
Thank you, very much.
Hon. (Chief) Obetan Okon Obetan (Yakurr Abi): Mr. Speaker, Sir, distinguished Colleagues, I join the prime mover of this Motion in condemning the hostage mentality of our brothers and would wish this honourable House, through this process, to remind our brothers of the sobering limitation imposed on us by the rule of law and order and the expectations as citizens, the law ask from us. I wish, distinguished Colleagues, to be more on the side of the economy. That is to say that we should be minded, not so much by the conduct of this irate youths; I use that word deliberately because they have been traumatized and have been famished by the deprivation they have suffered and are resorting to a wrong procedure. The procedure they are resorting to is going to deprive us of the opportunity of jump-starting our economy, of attracting foreign investment in that sector and at the end of it all, we would all lose. So, I want to commend us that we have demonstrated a commitment to the development of this country by our actions since the inauguration of this House.
Mr. Speaker, Sir, I would like to remind my distinguished Colleagues of the fact that we have shown to this country that we are not bothered by the deprivations we, as individuals, suffer and that is an example to our brothers. We have gone ahead to show that we mean more for Nigeria. I want us to impact this spirit on our youths and we shall do so better if we are equipped by being personally involved, one to one, by moving into the area to address these youths so that they should not be diverted or derailed by sentiments that we do not know, that do not mean well for the economy.
Mr. Speaker, Sir, what I am trying to say is that we should be on the side of the economy, we should be on the side of its recovery and we should be on the side of creating a stable environment that would augur well for the operations of these oil companies because we are not only interested in their operation, we are interested in the net returns those operations are having on the economy such that Nigeria can move forward.
Mr. Speaker, Sir, hon. Colleagues, I want us to bequeath a legacy as a testimonial of our commitment to the eternal devotion to the welfare of this country. What is happening in the Niger-Delta may
tomorrow happen anywhere else. So, as Nigerians we should be bothered about creating a welfare situation that would not just be for the
Niger-Delta alone but for the overall Nigerian nation and that is to note that injustice anywhere is a threat to justice everywhere.
Distinguished colleagues, I urge you to show that demonstration that you are known for, in supporting this Motion that we should move in there to address
this youths and say it in our words to them.
That they are Nigerians, We sympathize with them and we shall bring their deprivations to bears on the considerations the administration is. putting in focus.
We are part of this administration.
I move you, distinguished Colleagues, and I want to apologise for any feeling of suffocation of this Niger-Delta. It is part of the Nigerian spirit. These deprivations have endured for a long time. So, distinguished Colleagues, I plead with you not to be bored by them. I move you to support this Motion that we should intercede in the hostage situation such that we do not bring the image of Nigeria in bad light before the International Community whom we are begging to come and invest in our country and for us to be part of the global village that the next Millennium is envisaging for this continent.
Thank you, Mr. speaker, and thank you Colleagues. (Applause)
Hon. Hamisu M. Shira (Shira/Giade): Mr. Speaker, Sir, the issue of hostages in Enwhe location of Shell Petroleum Development Company is a very serious issue. It is an issue that affects the lives of our citizens and that of the expatriates. As such, I consider it to be a very serious issue. I want the hon. Members to, please, as a matter of urgency bless and pass this Motion in order to save the lives of these people from the hands of these youths.
The issue of Niger-Delta should not be seen as a regional affair; it is an issue that affects the whole country. Like the Member for Yakurr Abi (Hon. Obetan Obetan) has said, it is happening today at Niger-Delta it could happen tomorrow anywhere in Nigeria. I want us to put all sentiments aside and continue to move this nation forward by making laws that will alleviate the sufferings of our people and those of the Niger-Delta. It is my appeal that my hon. Colleagues will as a matter of urgency approve and move immediately to save the lives of these people.
Thank you, Sir.
Mr. Speaker: I will take two contributors for the Motion, Please.
Hon. Aderemi Ajayi (Ekiti South 1): Mr. Speaker, Sir, Hon. Members, I want to support the Motion that urgent action should betaken so that the lives of those people involved could be saved. For example, I read in one of the Newspaper yesterday that even one of these hostages died in detention. In order to save the lives of others, if that information is correct, I think this House should move immediately by referring this matter to the Peace and Reconciliation .Committee to take action immediately.
So, I fully support the Motion. Thank you.
Hon. Young-Harry Adokiye (Asari-Toru/AkukuToru): Mr. Speaker, Sir, hon. Members, I want to please inform this house that this is the beginning of a greater fight that is to come and we should all accept the fact that deprivation does not border on persons living only in the Niger-Delta areas. You do not need to get a
PhD to recognize your father's picture on the wall. We have a problem now. The lives of these
Whitemen is not the problem; the problem is, how are we going to solve what has brought us to this situation in the Niger-Delta? We need the attention of the Federal Government, we need the attention of everybody to come to our aids. That is the essence of what we are discussing. If the Federal Government now wants to come into it,
they will come into it in the form of saving the lives of these persons. Then after that, do we continue to do it? Please, this house let us remove sentiments and allow this Motion to be passed so that we can solve our own problems.
Thank you.
Hon. Emmanuel Edesiri Aguarivawodo (Ughelli North/Ughelli South/Udu): Mr. Speaker, Sir, my name is not Emmanuel Aguarivawodo, as is written in the Order Paper, my name is Emmanuel Aguarivawodo.
Mr. Speaker: The Clerk should please take note of that.
Hon. Aguarivawodo: I am a Nigerian. (Laughter)
Mr. Speaker: Order! Order!
Hon. Aguarivawodo: Originally, I am from Ughelli/Udu Federal Constituency in Delta State. Mr. Speaker, I want to say that in line with what my Colleagues have said, particularly the Member from Yakurr/Abi (Hon. Obeten Obeten) and the Deputy Speaker, Hon. Chibudom Nwuche. I want to say that this Motion is timely. It is timely in the sense that the factors that led us to this situation are still on ground. I read in today's papers that the Bill on the Niger-Delta Commission has been presented to the Honourable Speaker of this House. So, we are happy to know that the Federal Government is ready to take action on this matter.
Be that as it may, the situation is still very serious and I urge this House to, please, support this Motion so that we can show to the youths of the Niger-Delta and the people of Nigeria in general that we care about any part of Nigeria that has a grouse with the oil companies and with the Federal Government of Nigeria. However, I want to say that I come from Ughelli where two of the expatriates were kidnapped last week and my own local government headquarters was sometime ago ransacked by the irate youths and the weapons that were kept there taken away.
In as much as I condemn that action, I want to still apologise on their behalf that whatever they have done is condemnable and I apologise if they have caused this Country so much problem, so much harm and have made the people from the
Niger-Delta to appear to be terrorist. We are not terrorists, we believe in orderliness and because of the appeal for instance of the governors of Delta State and that of Bayelsa and Rivers to
(Interruption)
Hon. Mao Ohuabunwa(Arochukwu/Ohafia): Point of Order, Mr. Speaker.
Mr. Speaker: What Point of Order, Please?
Hon. Ohuabunwa: Mr. Speaker, Sir, I want to say that this Motion is direct and it does not require going round and round.
Mr. Speaker: You said Point of Order. What Order number please?
Hon. Ohuabunwa: Mr. Speaker, I want to read what this Motion is asking us for.
Mr. Speaker: Thank you very much. Hon. Emmanuel Aguarivawodo, continue please.
Hon. Emmanuel Edesiri Aguariavwodo: Thank You, Mr. Speaker. I have nearly concluded. I just want to urge this Honourable House to pass this Motion so that we can contribute to making the Niger-Delta a better place and for it to serve as a locomotive that will move this country out of the economic depression we are in.
Thank you, Mr. Speaker.
Mr. Speaker: I will now take arguments against the Motion, Please.
Hon. S. Dika Ngada (Askira/Uba/Hawul): Mr. Speaker, Sir, the Motion before us is a sick child in that, if you give him one prescription, another problem comes up and the child continues to relapse with fever.
The hon. Gentlemen who have moved this Motion, I have every regard for each one of them. I know the locality. I have been there physically and I know what their problem has always been. But, I urge this Honourable House, let us believe that whatever our problem is,
wherever we are coming from, we should always look for amicable ways of solving our own problems. It is not in the interest of anybody to hold others hostage for a ransom to be paid. Today, it is the youths, that are in action; tomorrow, it would be the middle-aged people then, another day, it would be the
old men that would come and then we would have continuous problem. Let us get this problem straight and solve it amicably.
Then, Mr. Speaker, what guarantee do you have for me here and for the safety of the delegate, if we pass this Motion? Can you secure the delegate's safety? They are equally good for a ransom; beautiful one for that matter.
(Applause) So, I cannot afford to send any of my Hon. Members there and then they would be trapped and become hostages. This is a very important point that I want to make concerning the security of everybody. If terrorism is going to be the order of the day in this country, then let it not be with this Motion. Thank you very much.
Hon. Sule Yari (Wurno /Raba): Mr. Speaker, Sir, hon. Colleagues, I am particularly against the last prayer of the Motion, that is, the fourth prayer which says:
That the House do institute parliamentary peace
delegation to enlighten them on what government
is doing to address their problems.
Let me make the point clear that I am not against the action of the Movers of this Motion, especially when they condemned the act of terrorism perpetrated by the youths in the Niger-Delta. But, if we should go ahead to accept these prayers as they, are, to constitute a parliamentary peace delegation, we may be losing our substance as a House. We achieved what we achieved in Anambra State because we happened to be the last resort. We achieved what we achieved in Warri because we happened to be the last resort.. If we should constitute another peace delegation and start jumping to Niger-Delta to interrupt, by tomorrow a delegation would not be respected again. There are traditional rulers in that area; there are opinion leaders and opinion moulders as well as the Elders in that area. The Elders should take the responsibility of enlightening their youths because they are closer to them. You cannot expect somebody from the Parliament to be enlightening them, what then is the work of the traditional rulers?
As a matter of fact, I am in support of this Motion and let these prayers be part of the resolution, but with the exemption of that parliament peace delegation. The responsibility should be vested on the traditional leaders, the opinion moulders and the political leaders in that area. What is their work?
Thank you.
Mr. Speaker: Thank you very much.
Hon. Malam Alhaji Yusuf Bunkure (Bunkure /Rano /Kibiya): Mr. Speaker, Sir, I am against this Motion because of the following reasons.
First, these people are holding foreigners hostage and demanding this and that and now we want to intervene. We should hold our weapons, too. For instance, if they release these people, their issue would be discussed in this House. This should be part of the weapons, we, the Members of the House, are supposed to use.
I am in support of items No. 1 and 2, but item No. 3 should be held to ourselves, that when these people comply with the demands and requests of this honourable House their issue will be brought' back and be discussed in this House.
For item No. 4, we do not know whether we are targets . We can decide to send four or seven hon. Members of this honourable House to this dangerous area and then they hold them, what can we do? We are endangering the lives of our people.
(Interruptions)
Hon. (Chief) Olaka Johnson Nwogu (Eleme/Tai/Oyigbo): Mr. Speaker, Sir, my Point of Observation is that it appears we are deviating from the style and method this House has been known for. There is no place in this country that there has been crisis that this House has not intervened in a timely and effective manner. It is obvious that the Nigerian people have reposed a lot of confidence in the mediating role this House has been playing all over the country. Right now, the economy of Nigeria is at stake when this kind of development, starts taking place. It is also obvious that all lives are at stake, both the lives of those kidnapped and the kidnappers, all are at stake at one point or the other in the resolution.
If this House says that those people are this and that and we give them names and say we will not intervene, I should then think that we are missing out on the fundamental duty of this House, because there are no other people better positioned to resolve this issue than this House. The prayers are very simple. (Interruptions)
Mr. Speaker: Your observation is noted.
Hon. (Chief ) Olaka Johnson Nwogu: Thank you, Mr. Speaker.
Mr. Speaker: Hon. Alhaji Yusuf, Bunkure, have you finished?
Mr. Speaker: Hon. Yusuf, have you finished?
Hon. M. A. Yusuf (Bunkure/Rano/Kibiya): No, Mr. Speaker, Sir, I have not finished. What I was trying to explain to this honourable House is that I am not really against making a delegation, if security will be provided and the Committee will sit in a place far away from the crisis or trouble area. That is one. (Laughter) Secondly, - (Interruptions)
Mr. Speaker: Hon. Members, order, please. Hon. Yusuf: I am saying all these things from experience, because I went to these areas but even
within the town, we had to leave by six O' Clock or as early as possible so that we could reach the area where our lives will be safe. If we can hold these weapons, we will say that if they release the foreigners, their issues will be discussed, I am very much sure they will listen if they really mean finding a lasting solution. I am not against finding a lasting solution in any section of this country, but all I am saying is that we have to go with our weapons too and if these foreigners are released, their issues will be digested fully in the House.
Thank you.
Mr. Speaker: Thank you, very much. I will take only contributions against the Motion, please.
Hon. Chijioke Edeoga (Isi Uzo /Enugu East): Mr. Speaker, please, I beg that I am given audience. First of all, it is important that we husband ourselves as a House. Why I said this is that we have intervened in the North-East and North-West. With due respect to that Delegation, even as they were doing it, the people from across the country were still doing their mayhem. We intervened at Warri, may be the Report is not with us yet, but it has not solved the problem. We intervened in Anambra State. Just as we are about celebrating victory, the whole issue reversed itself. Let us find a holistic solution to our problems. In the Niger-Delta, we are not dealing with a hostage situation where there is a clearly defined leadership. We are dealing with small groups which multiply themselves as they go by. They are in Warri, Bayelsa, Edo, Delta and Rivers States. Terrorism needs the oxygen of publicity to survive. Once you make these things topical issues and you begin to talk about it and take a resolution in this House, which has no force of law, we are giving them what they want. Even if we send a delegation to go to Bayelsa now or Rivers State, who are they going to talk with? It is not as if the hostages are in a house together and you are going to negotiate with them or enlighten them. They are in different swamps or villages or
scattered across the land. So, there is no leadership which you are going to resolve anything with. While I believe that we should go to husbands and relations, we should not be involved in situations where there is no win situation. Let us not negotiate with terrorism or discuss with them, because there is no sale to make a profit.
What I suggest, Mr. Speaker, Sir, is that the Executive Arm has submitted a Bill on the Niger
Delta situation. The same thing with the North-East and North-West. It is a holistic situation. The problem of the Niger-Delta is known to us, namely, Poverty, deprivation,
abandonment by successive regimes for the past 30 years. Once you begin to lay a framework for ameliorating the predicaments of the Niger-Delta these things will cease.
That is my contribution. Thank you.
Mr. Speaker: Thank you, very much. I will call on the original mover of the Motion to please reply to some of these comments.
Hon. Nduka Irabor (Ika North-East/Ika South): Point of Observation, Mr. Speaker.
Mr. Speaker: What is your Point of Observation, please.
Hon. Irabor: Mr. Speaker, you will note that the last three speakers in particular, who stood up to oppose this Motion were not really opposing the Motion, but having objection to item 4 on the Motion. In the circumstance, Sir, may be you should allow the mover of the Motion to consider excising item 4. It appears as if the House is in consonance, because what we have done here or what they have done is to chastise and condemn the act of terrorism and not to support it. I do agree with the argument that sending a delelgation there appears to be giving that act that we are condemning some life. I support that. Perhaps, we should allow them to excise item 4.
That is my observation. Thank you.
Mr. Speaker: I call on honourable Chibudom to please reply to some of these comments.
Hon. Nwuche C. Nwabueze ( Abua/Odual /Ahoada East): Mr. Speaker, Sir, distinguished Members, I have noted all the points raised by all the Speakers, especially honourable Nduka Irabor, objecting to item 4 on the Motion. First of all, somebody had remarked that our traditional rulers have a function to play and that we should allow them to do their jobs. As we speak today, they have been seen in the Niger-Delta areas as part of the problem. They have lost credibility as they have not been able to address most of our problem. That is point number one.
Point number two, when we put up a Parliamentary Peace Delegation, the aim is enlightenment and to bring our influence as a House to bear on the problem. We must not go and seek for hostages in swamps to talk to them. The fact that we are involved in this matter, the youths are most likely to listen to us than any traditional ruler. Also, this House has shown a precedent in the past by being a pioneer in bringing succour and peace to the country. It will be a dangerous precedent, because it affects a particular section, to change that stance. I think this House must be innovative, to be creative in how we respond to problems. We must not say that because there are other organs established to do so, they should take over. We have the right as an independent House, to go and seek to bring peace to areas. We have condemned that act already and we shall go there and condemn them further. I think if we go there those youths will know that the people they have elected are opposed to their actions. I hope this House will kindly allow for this peace delegation to go round and assist the government in achieving lasting peace in the area in order for the country to move forward.
Thank you, very much.
Mr. Speaker: I will now put the question.
Question put and agreed to
Resolved Whereas some expatriates working in the Enwhe field Rivers State location of Shell Petroleum Development Company of Nigeria Limited have been taken hostage along with their helicopter by suspected youths of Enwhe Village in Rivers State in protest against certain deprivations by Shell Petroleum Development Company of Nigeria Limited;
WHEREAS the said youths are said to have demanded ransom for the release of the men and the helicopter; and
WHEREAS the health of the men and security of the helicopter is in serious jeopardy.
NOW THEREFORE, be it resolved:
(1) That the House notes and expresses concern
over the grievances of the youths, but frowns at
the kidnapping of the expatriates and hijacking
of their helicopters.
(ii) That the House calls for immediate and
unconditional release of all persons and property
being held by the youths.
(iii) That the Federal Government do liaise with the
oil companies and take remedial measures to ensure
that peace returns to the 'Niger-Delta for smooth
operations of the oil companies.
(v) That the House do institute parliamentary peace
delegation to enlighten them on what government is
doing to address their problems.
Mr. Speaker: Hon. Members, order, please.
Hon. Abdulkadir Usman (Zaria): Mr. Speaker, Sir, hon. Members, on my way from my home-town today to Abuja, one of the hon. Members of this honourable House had a serious accident and I had to take him to the hospital. I even deposited some money for his care. From what I saw, he must have had a broken neck and hand. His name is Hon. Tijani Sani Paki, representing Ikara/kubau constituency. He is now in the hospital.
So, Mr. Speaker, Sir, hon. Members, I want this hon. House to pray for the quick recovery of this hon. Member and members of his family who were travelling with him.
Thank you, Sir.
Mr. Speaker: May we rise up for one minute prayer for the quick recovery of the hon. Member, for Ikara/Kubau (Hon. Tijani Sani Paki)
(One minute prayer observed).
ANNOUNCEMENTS
Meeting of the Committee on Water Resources
Hon. Members, Members of the Committee on Water Resources are hereby reminded of their meeting today at 3.00 p.m. in Committee Room 24, Second floor, House of Representatives. All Members are please requested to attend punctually. This is signed by Hon. Engineer Lumumba Adeh (Chairman)
Meeting of all Hon. Members from Anambra State.
There will be a meeting of all hon. Members from Anambra State in the Committee Room on the left side of the Chamber immediately after this sitting. Signed by Hon. Jerry Sonny Ugokwe.
Meeting of all Female Hon. Members
All female hon. Members should please wait after this sitting for urgent discussion with the Hon. Speaker of the House of Representatives.
Thank you. Signed - AD Whip.
Notice of Meeting of Banking and Currency Committee
This is to inform all Members of Banking and Currency Committee that there will be an inaugural meeting of the Committee today in Committee Room
2 at 3. 00 p.m. Please, attend punctually. Signed Committee Chairman, (Hon. Aliyu.)
Meeting of Some State Members
All hon. Members from the following States are to attend a meeting at the Senate Committee Room at 6.00 p.m.
Ondo State
Edo State
Bayelsa State
Rivers State
Cross River State
Akwa Ibom State
Abia State; and
Imo State
Announcer - Hon. Temi Hariman
Meeting of Committee on Defence
Hon. Members of the Committee on Defence will meet today, 13th July. 1999 at 2.30 p.m. in Committee Room 05. Signed, Hassan Kiryo Yabo (Chairman).
Meeting of Committee on Peace and National Reconciliation.
Members of the Committee on Peace and National Reconciliation are meeting today 13th July, 1999, by
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