Editorial

October 9, 2024

Why Senate is “upper” chamber

NASS moves to unearth root causes of economic sabotage in petroleum industry

National Assembly

President Bola Tinubu’s announcement, during his October 1, 2024 Independence Day address to the nation, that he had conferred National Honours on some principal officers of the State, has generated some furore, not only within the National Assembly but also many discussion circles and the social media.

The President conferred Grand Commander of the Order of the Niger, GCON, on the President of the Senate, Godswill Akpabio and the new Chief Justic of Nigeria, CJN, Kudirat Kekere-Ekun, while bestowing the third highest Honour, Commander of the Federal Republic, CFR, on the Speaker of the House of Representatives, Tajudeen Abbas.

This generated a rowdy session in the House of Reps, with members unanimously rejecting the apparent abnegation of the status of the Green Chamber. They argued that the House enjoyed equal status with the Senate under the Constitution, and that CJN, being the Fifth in the National Order of Precedence, should not have been given a higher Honour than the Speaker.

Indeed, Section 47 of the 1999 Constitution(as amended) simply says: “There shall be a National Assembly for the Federation which shall consist of a Senate and a House of Representatives”. It does not explicitly say that one chamber is superior to the other. The notion of Upper and Lower chamber is a throwback to our discarded Parliamentary System and is not known to the Presidential System we have practised for 35 years.

The two chambers have equal legislative status. No bill is forwarded to the President for assent unless it has been passed or concurred by both chambers. The Order of Precedence is established to ensure there is no leadership vacuum in case of death or permanent incapacity of the President the First Citizen. The Vice President, Senate President and Speaker of the House are designated as the Second, Third and Fourth.

The CJN is not involved in the succession order. But as the Head of the third Arm of the Federal Government, the CJN justifiably gets the GCON.

The Senate is ahead of the House by power and prestige. It is the only legislative chamber constitutionally empowered to confirm certain categories of presidential appointments, including the CJN.  The Senate represents the equality of the States of the Federation, which is three per state or 109 senators. The House represents the people and landmasses or 360 members.

Governors aspire to the Senate after exhausting their terms of office. None ever goes to the House of Representatives. Moreover, though the National Assembly holds its joint sessions in the Green Chamber because of its bigger seating capacity, the Senate President presides as the Head of the National Assembly, while the Speaker acts as the Deputy. Senators receive higher perks of office.

The rumpus is uncalled for. The House members should stop pursuing shadows. There are numerous challenges awaiting their attention.

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