NATIONAL ASSEMBLY DEBATES 
FOURTH ASSEMBLY
FIRST SESSION 
HOUSE OF REPRESENTATIVES
OFFICIAL REPORT

HOUSE OF REPRESENTATIVES 
FEDERAL REPUBLIC OF NIGERIA 

Friday, 11th June, 1999
The House met at 10.15 a.m. 

PRAYERS

(Mr. Speaker in the Chair) 

OATHS
OATH OF ALLEGIANCE 
AND
OATH OF MEMBERSHIP

Mr. Speaker: I would like to call on hon. Members, if any, that have not taken their Oaths to please indicate by raising up their hands.

Thereupon the following Member took and subscribed the Oaths, or made and subscribed the Affirmation required by law.

(Alhaji Sani Mohammed Gusau (Gusau/Tsafe)) 

ANNOUNCEMENTS 

Leadership of the
Peoples Democratic Party (PDP)

Mr. Speaker: Hon. Members, I have pleasure in announcing the leadership of the People's Democratic Party of the House of Representatives.

House leader of the PDP:
Hon. (Alhaji) Mohammed Wakil (Danboa /Gwoza /Chibok)

PDP Whip:
Hon. (Alhaji) Abubakar Bawa (Gurara/Suleja) 

The House leadership has been properly constituted which has the Leaders and the Whips of the three Parties.

Members' Hotel Allowances

Mr. Speaker: The second announcement is that Members could check with their Banks for their Hotel Allowances which were paid today.

Lost Item

A Member left a bunch of keys on his seat yesterday. The owner can collect it from the Clerk. Hon. Members, the sitting of this House will be suspended for 10 minutes to enable the Party Leaders now fully constituted to meet me in my office for a brief discussion.
Thank you.

Sitting Suspended: 10.30 a.m. 
Sitting Resumed: 11.15 a.m.

VOTES AND ROCEEDINGS

Mr. Speaker: Hon. Members, I have examined and approved the Votes and Proceedings of Thursday, 10th June, 1999.

COMPOSITION OF MEMBERSHIP OF 
COMMITTEE ON REVIEW OF STANDING 
ORDER

We shall now go back to item No. 3 - Announcement on the Order Paper. After due consultation with the Party Leaders of this honourable House, we have come up with a list of Hon. Members that will serve this honourable House in the Review Committee on the Standing Rules of this House.
They are as follows:

Hon. Ethiogie West Idahosa - Chairman
Hon. (Barr) Abdullahi Idris Umar - Deputy Chairman
Hon. (Barr.) Tony Anyanwu 
Hon. (Barr.) Ted Nwoko 
Hon. Awal Tukur
Hon. (Engr.) Lumumba Adeh 
Hon. (Engr.) Bala Kawoj
Hon. (Barr.) Ita Solomon Enang 
Hon. (Barr.) Okeke Tony Eze 
Hon. Musa Elayo
Hon. Sanusi Dagash
Hon. Abubakar G. Shehu Matazo 
Hon. Tony Okere
Hon. Sule Yari Gandi
Hon. Emmanuel Aguariavwodo 
Hon. Frank Ineke
Hon. Abubakar Kyari 
Hon. Oladipo Olaitan 
Hon. (Mrs.) Patricia Olubunmi Etteh 
Hon. Sheik Shekoni and
Hon. (Mrs.) J. F. Adeyemi
The above mentioned hon. Members have been charged with the responsiblity of reviewing our Rules and forwarding same to this honourable House for debate and adoption on Tuesday, 15th June, 1999. I wish them the best in the discharge of their duties to this honourable House and the nation. (Applause)

After due consultations with the leadership of the parties of this honourable House, the Committee of selection has been nominated as follows:
The Speaker (Chairman)
The Deputy Speaker (Deputy Chairman)
Hon. Mohammed Wakil (House Leader)
Hon. Alhaji Abubakar Bwari (Chief Whip) 
Hon. (Chief) Mao Ohuanbunwa
Hon. Sadiq Sanusi 
Hon. Sunny Aguebor 
Hon. Dubem Onyia 
Hon. Yusuf Babantakwa 
Hon. Ahmed Barata 
Hon. Ali Kachako 
Hon. Abdul Rauf Tukur 
Hon. (Barr.) N.C. Ughanze 
Hon. Josiah Binuwaig
Hon. Mami Nassarawa
Hon. (Barr.) Mohammed Kumalia - Party leader (APP)
Hon. (Arch. ) Fidel Ayogu - Party Whip (APP)
Hon. Gbemisola F. Saraki
Hon. Usman Mohammed 
Hon. (Dr.) Tunde Lakoju 
Hon. Oladipo Olaitan - Party Leader (AD) 
Hon. (Mrs.) Patricia Olubunmi - Party Whip (AD) 
Hon. O. A. Matesun and
Hon. Dada Busari
Hon. Members, these Members will be in charge of Committee of Selection. They will all participate and serve this honourable house and the nation.
On behalf of this honourable House and myself, I wish these Members wisdom and success to be able to discharge their duties to this honourable House. I wish them all the best. (Applause )

ANNOUNCEMENT 

Meeting of South East Members

South East Members of the House should remain behind in this chamber for a brief discussion immediately after the sitting. This announcement is signed by Chukwuemeka Chikelu.
Meeting of Alliance for Democracy Members There will be a meeting of Parliamentary caucus of the Alliance for Democracy on Tuesday, 15th June, 1999, at the Leader's office, 4th Floor of the Parliament building immediately after the sitting on that day. This announcement is signed by the Party Leader, Hon. Oladipo Olaitan.

MOTION
PROLONGED STRIKE BY THE NATIONAL UNION OF TEACHERS (NUT)

Mr. Speaker: There is a Motion on the Order Paper, standing in the name of Hon. Babatunde Olokun and Hon. Peter Saka Omoleye.
I call on Hon. Babatunde Olokun to please move his motion.

Hon. Alexander Nwofe (Abakaliki/Izzi): Mr. Speaker, Sir, I want to observe that it is true Mr. Speaker decided that this House be guided by the 1993 rules, but in view of the mandatory provisions of Section 311, Subsection 1(3), (5) and (6) of the 1999, Constitution, this House is obligated to make use of the Rules made under the 1979 Constitution are the Standing Orders of the House of Representatives made under the 1979 Constitution. That is the Constitutional provision.
By Section 1 of the 1999 Constitution, this honourable House is mandated to act within the confines of the constitution. It provides for the supremacy of the Constitution.
In view of that, I thought it is proper to guide this House that we should make use of that which is constitutionally provided for, that is, the Standing Orders made under the 1979 Constitution. That is to say the 1982 Rules.
Thank you, Sir.

Mr. Speaker: I hope the Review Panel will take note of that.

Hon. Babatunde Olokun (Ikenne /Remo North/Sagamu): Mr. Speaker, Sir, Hon. Members, I am moving this Motion which is on the prolonged strike by the National Union of Teachers (NUT), that:

Hon. Tony Anyanwu (Ahiazu /Ezinihite): Mr. Speaker, Sir, I think that it is premature to invite comments since the Motion has not been seconded.
I would like to direct the House on a Constitutional matter as to guide the House properly on the ways we can proceed. Mr. Speaker, I would like to draw the attention of the House to the Legislative List that is attached to this Constitution. Under that, I would like to draw the attention of the House to pages 8 and 9 - Functions of the Local Government Councils - if I may read:
Section 2- The functions of the Local Government Councils shall include participation of such Councils in the government of the State with respect to the following matters. The Provision and maintenance of primary, adult and vocational education.
I would like this House to take note of the fact that when it comes to the provision of primary education, it is entirely an affair of the Local Government, so to that extent, it has some conditions on how far we can go.
Secondly, Mr. Speaker, Sir, I would also like to draw the attention of this House to the fact that under the Exclusive Legislative List that defines the parameter of our powers - that is page A1056 paragrah 34, it clothes the Federal Government with exclusivity in terms of Labour Matters and I would agree that the Exclusive Powers of the Federation shall relate to Labour including Trade Unions. NUT is a Trade Union, Industrial Relations, Safety, Conditions and Welfare of Labour. Teachers form part of that. Industrial disputes, which, perhaps, from the terms of the Motion is the subject matter of the Motion, and so, in essence , I would want the House to make a decision on whether or not we are confined by the powers of the Local Government Councils to that extent and whether we would be acting ultra vires the Constitution , were we to delve into the matters that relate to primary school education. Lastly, on the other hand, whether we can bye-pass that by going under paragrah 34 of the Exclusive List that gave us the exclusive powers to deal with labour matters as they relate to industrial disputes, I just think that the House should be guided by this information.
Thank you, Sir.

Hon. Hassan Mudashiru (Oshodi/Isolo): Mr. Speaker, Sir, Hon. Members, I support the Motion being raised by Hon. Olokun, that urgent decision should be taken to stop the strike of teachers.

Hon. Chukwuemeka Chikelu (A Aniocha/Njikoka/Dunukofia): Mr. Speaker, Sir, Hon. Members, in view of the fact that this House has a very limited time and very limited resources, like every other arm of government. The Speaker has just announced that we are forming Committees and I am sure that by next week, all the Committees will be in place. We are going to have a Committee on Labour and other such matters, and we are even going to have a Committee on Education. The Committee on Labour, Employment and Productivity, I believe, may serve the purpose that the Hon. Member intended. It would be in place by next week and they can constitute a Sub -Committee that can look into this matter and report to the House.

Hon. Ethiogie West Idahosa (Ovia North East/ Ovie South): Mr. Speaker, Sir, I wish to disagree entirely with Hon. Anyanwu. I want to say, Mr. Speaker, that what this House is being called upon to do by the Motion is to perform one of the special overside works. Nobody has asked us to pass a Bill and nobody has asked us to dabble into an area within the exclusive legislative list.
Mr. Speaker, the constitutional matter I want to refer the House to is S. 88 (1) of the Constitution of the Federal Republic of Nigeria now in force. I want to also say in particular that by the provisions of, sub-sections (i) and (ii), this House can look into the conduct of affairs of any person, authority, Ministry or Government department charged, or intended to be charged, with the duty of or responsibility for
(i) executing or administering laws enacted by the National Assembly, and
(ii) disbursing or administering moneys appropriated or to be appropriated by the National Assembly.
Mr. Speaker, Sir, the NUC is a creation of the law. It is created by one of the Acts of National Assembly and it is still in force. This House may look into it and pass a regulation directing any government department derelicting in its duties to live up to expectation in the interest of national integrity.

Hon. Aminu Abduwa Gabasawa (Gezawa/ Gabasawa): I stand to support the Motion that an Ad-hoc Committee should be set up to ensure that the teachers strike comes to an end. We have to ensure that primary school teachers are the bedrock of the nation's education, and we should not stand and see that the education of our children comes to a standstill. Therefore, we have to find out the sourcing of primary Education. It comes from two sources. One, it comes from certain percentage of money that is directly coming from the national account via the National Primary Education Commission.
Two, some percentage of money comes from Local Government Education Authority. Therefore, this Ad-hoc Committee will be charged with the responsibility of seeing the Permanent Secretary in charge of the Ministry of Education to ensure that such information is given by the Ministry as to how best we can improve the teaching profession,and how best we can overcome this strike issue. Because the main issue in contention is non-payment of teachers salaries and there is no way we can overcome this problem unless we get a better way to fund education. The only way is to ask the Federal Government to ensure the release of the special fund to local education authorities so that teachers are paid immediately to enable them resume their normal classes. There is no other way; we should not deceive ourselves. Other people in different ministries are paid their salaries with the new minimum wage. The primary school teachers are there in the rural areas suffering and they are the people who promoted us to this level that we are. They are still living in the rural areas trying to impart education unto our children. Therefore, my prayer as a matter of urgency, is to ensure that an ad-hoc Committee is constituted by this House and should be given full responsibility of urging the government to ensure the release of a special fund to cater for the teachers salary.
Thank you, very much.

Hon. Eno Sampson Akpan (Ukanafun/Orua Awan): Point of information.

Mr. Speaker: What is your point of information, hon. Akpan?

Hon. Akpan: Mr. Speaker, Sir, I want to clarify an issue. It is not correct that there is any other source of fund outside the local government allocation: That was what I said yesterday, that it is only the local government that fund primary education. It comes like this, the amount used for primary education is deducted at source from local government allocation and sent to NPEC. Therefore, this House has a duty to set up a committee to obtain adequate information because I am privileged to know that if what is due to the State and Local Government are normally allocated to them, there will be no question of non-payment of salary. The practice is that whatever comes from the federation account, they will deduct it from there, no matter what name they call it. Now what remains. is what the federal government gives the local government. So this Hon. House cannot afford to shy away from this problem. Let us set up a Committee immediately, not necessarily with the Permanent Secretary, Ministry of Education. He is to liaise directly with the National Primary Education Board, the Presidency, and the Local Government to know what the problem is.
Thank you, very much.

Hon. Chief Mike Onuobunwa (Arochukwu/ Ohafia): I hope we are not missing direction and from what we are saying, we can see that whatever Committee we intend to set up will expand and it will take. care of all the committees in the House. What I am trying to say is that first and foremost, I am supporting hon: Idahosa on the fact that this House has the constitutional power to look at issues that affect the well-being of the people of this country. Secondly, I will also want to support hon. Chikelu that setting up an ad-hoc Committee would not help us. You have already announced the list of names of the Select Committee and by next week this committee will be in place because we cannot treat the issue 'of wages in isolation. if you talk about NUT, you talk about other ministries too. The issue of NUT or strike is of paramount importance, and it requires urgent attention. But I do not see any magic whatever Ad-hoc Committee we set up will do between now and Wednesday next week.
As my friend is saying, we are now talking about local government, we are now talking about deducting from source; we are now talking about how NPEC gets their money and this is expanding. So, what I am saying is that in as much as we have accepted that this issue requires urgent attention, I will suggest that since a Select Committee has been set up, let this committee sit, by next week. And then, we pass the issue of wages to Labour, the issue of education, to Education Committee who will now have the power to invite NUT, NPEC and Federal Allocation Committee on Wages so that we can discuss with facts and figures, not just for the fun of it.
Thank you.

Hon. Dr. P. S. Orimoloye (Akiko South East/ South West): As one of the people involved in the preparing the programme for National Primary Education Commission, and as a former Deputy Director in the Federal Ministry of Education in charge of formulating policy on Education, I have the following information to give to back up the action we are taking now today. That as at now, only the Local Government is actually funding primary education. As at 1995 out of the N26 billion given to local Governments, as much as about N 18 billion went to primary education. That was why some local governments were unable to perform properly during that particular period. What we have now is a negation of a particular Decree in 1993 August which established the National Primary Education Commission. A section stated there that Federal Government will give as much as 65 per cent to pay teachers and non-teaching staff salaries. Unfortunately, after 1994, the second coming of NPEC (National Primary Education Commission), the Decree that was promulgated did not include the contribution of the Federal Government. Between 1989 and 1990 the Federal Government was contributing N800 million. And in addition, when the Federal Government discovered that that money was not enough, the Local Governments were made to contribute 15 per cent and State Governments 20 per cent.
But as things are now, it seems to me that the Local Governments, like my colleague has said, is funding primary education alone. We need to know from the Federal and State Governments their own contribution. That is why now, the schools under the Local Governments, so to say, is like an orphan with a father's will which the administrators are using without actually feeding the children. The Local Government is paying the money but the NPEC which is seen ostensibly federal, right up here, is funding and uses (SPEB) State Primary Education Board as a conduit pipe to send moneys. In actual fact, the local governments themselves which is LGA in this circumstance is not actually performing. It does not know what to do.
These LGA in status, do not know what is really happening. That is why they are at sea because they do not know whether to go to the Local
Government, State Government or the Federal Government for money.

Mr. Speaker: Thank you very much, Hon. Member, I think you have made your point.

Hon. (Dr.) Sani Udu (Fakai/Sakaba/WasaguDanko/Zuru): Thank you very much, Mr. Speaker, Sir, My position is that from my interpretation of our function in the Constitution, we should be able to intervene in this matter. This is because we have had two interpretations of the Constitution. One is permitting us to intervene while the other one says we cannot intervene. My understanding of our rule is that we cannot continue from there until we come to a position whether or not we shall continue with the debate and subsequently intervene. Mr. Speaker, Sir, I think that we should vote either to continue with the debate or you over-rule that we do otherwise.

Hon. Ismaila Mohammed Dikko (Alkaleri/ Kirei): Mr. Speaker, Sir, my point of order is based on order 5 sub-section 2 which says;

On Fridays, the House shall meet at 9 a. m. and if not previously adjourned, shall sit until noon.

Mr. Speaker, Sir, again sub-section (c) says: 

Fifteen minutes before the time appointed for the termination of a sitting, the Speaker shall interrupt the business.

Mr. Speaker: Hon. Member, I want to give my honourable ruling on that point of order. We have just inaugurated a Committee that will review the Standing Orders of this Honourable House. The Hon. Member is quoting, l believe, from the 1992 Rules which I quite agree is the same thing with the 1993 Rules. We should know that we have not adopted our own rules and so I have directed that this Hon. House be exempted from that particular Rule that you have quoted. It is on that basis that we have even met today. It is the same Rule which says that we are not going to sit on Fridays. -But I believe we have a duty to perform to this nation and fulfill. Thank you. (Applause)

Hon. Musa Elayo (Awe/Doma/Keana): Mr. Speaker, Sir, the issue before this House is not the issue of making law as regards Primary Education.
I think that is the most important thing. The issue is the strike. Can we intervene? Can we help to resolve the crises between the Nigeria Union of Teachers and the Education Authorities? If that is what is before the House, then the House has the power to render help. So the issue is not making laws for Primary Education and the issue of concurrent legislation does not apply here.
Thank you. (Applause)

Mr. Speaker: I think we have had enough contributions on the Motion. I will want somebody to please second the Motion so that I will put the question.

Hon. (Dr.) Nya Eyoma Asuquo (Calabar Municipal/ Odukpani): Mr. Speaker, Sir, I beg to second the Motion on Education that an Ad-hoc Committee be established immediately to look into the problems in the educational sector as it affects the payment of Primary School Teachers.

Question put and agreed to

Resolved: That in view of the fact that the prolonged strike by the National Union of Teachers is adversely affecting the education of both the Primary and Secondary Schools' Students in Nigeria, and considering the need to resolve the crisis urgently in the interest of the pupils and their parents; this House do constitute an Ad-hock Committee to liaise with the National Union and the Federal Ministry of Education and make appropriate recommendations on how best to resolve the crisis. 

ORDER OF THE DAY

Debate on the Address of the President, Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria (Second Allotted Day). (Adjourned debate 10 June, 1999).

Mr. Speaker: We now go to the second item on the Order Paper or Order of the Day which is Debate on the Address of the President, Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria. I want to draw the attention of this Hon. House to the fact that this is the second allotted day . We will, therefore, start from where we stopped yesterday.
Hon. Members would rise and comment on the speech. And in view of the fact that we do not have enough time , I would like to appeal to Hon. Members to please be time conscious when making their comments.
Thank you.

Hon. (Dr.) Ahmed Ladan (Bade/Jakusko): Mr. Speaker, Sir, Hon. Members, I would like us to cast our minds to the point raised by Hon. Samaila from Gombe. If the proceedings of this House will not be tied to any Rules, I am sure we will run into confusion. The Rules of 1993, as admitted by Mr. Speaker himself, categorically states that on Fridays, sitting would be adjourned by 12 noon. We have been told in this House that we will be using the 1993 Rules and I will advise that we strictly follow the Rules so that we have an orderly proceeding.
Thank you very much, Sir.

Hon. Bello Mohammed (Akko): Mr. Speaker, I am in support of Hon. Ahmed I. Ladan. There is no need going round and round. We know that Fridays are Muslim prayer days. This is just the issue. So, why do we not do what is supposed to be done instead of going round and round. This is ,just my advise.
Thank you.

Hon. Bashiru Adamu (Kazaure/ Roni/ Gwiwa/ Yankwashi): Mr. Speaker Sir, Hon. Members, this issue of adjourning on Fridays is unambiguous in the Draft Rules of 1993. Like the previous speakers had said, I do not see any reason why we should complain at least to give solace to our Muslim brothers who are supposed to go and pray in the Mosque.
Secondly, I have observed in the Votes and Proceedings of Thursday, 10th June, 1993 that I contributed to the debate on Mr. President's Address, but my name has been conspicuously absent on the list of those that contributed. 
Thank you.

ADJOURNMENT

Mr. Speaker: Could any leader of the three Parties move a motion for the adjournment of this House?

Hon. Barrister Mohammed Wakil (Damboa/ Gwaza/ Chibok): Mr. Speaker, Sir, Hon. Members, I am duty bound to draw the attention of Mr. Speaker that it is the House Leader who is to move a Motion for Adjournment before other Members have to second it. So, I want Mr. Speaker to please take note of that, with due respect.
Thank you.

Mr. Speaker: That is noted.

Hon. Barrister Mohammed Wakil: Mr. Speaker, Sir, I hereby move that this Honourable House do stand adjourned till Tuesday, 15th June, 1999 at 10.00 am.

Hon. Abubakar Garuba Shehu Matazo (Musawa/Matazo): Mr. Speaker, Sir, Members, I stand to second the Motion that this Honourable House do stand adjourned till Tuesday, 15th June, 1999 at 10.00 a.m.

Question put and agreed to.

Resolved: That this House do stand adjourned till Tuesday, 15th June, 1999 at 10.00 a.m.

The House adjourned accordingly at 12 noon.