Date: 2016-06-25

The poor masses of Nigeria who were expecting the fresh move by the members of the eighth National Assembly to review the 1999 Constitution in such a way that would stimulate the economic and political development of the country were shocked last Saturday when senators embarked on a process to appropriate a sizable portion of tax payers' money to protect the interests of the principal officers of the National Assembly for life.

In what appears to have become the tradition of the National Assembly, the senators stunned the poor masses with the demands for immunity and life pension for the principal officers of the nation's legislature after their tenure.

The senators, in spite of the huge perks of office and other undisclosed benefits accruing to them, made the fresh push for immunity and life pension the most important aspect of their deliberation during a-two day retreat on the review of the constitution.

The senators tagged the retreat, "Towards ensuring governance accountability in Nigerian federalism." They identified the principal officers entitled to the immunity and life pension as the President of the Senate, Deputy President of Senate, Speaker of the House of Representatives and Deputy Speaker of the House of Representatives.

The senators, who were apparently not concerned with how the retreat on the review of the constitution would stop the incessant strike by Fulani herdsmen across the country and create a room for foreign direct investment that could lead to creation of jobs for unemployed youths, hinged their major reason for demanding immunity and life pensions on the claim that the executive and the judiciary were enjoying same.

Already, the principal officers of the National Assembly are driving fleet of cars and enjoying other entitlements which are provided with taxpayers’ money. As stated by the Senator representing Lagos Central, Senator Oluremi Tinubu, and the Senate Leader, Senator Ali Ndume, the National Assembly principal officers are the first among equals. It will be recalled that the move to ensure life pension for the National Assembly officers began before the current eighth legislature.

Thirty-three of the 36 states of the federation had voted in support of the alteration of Section 84 of the constitution to insert a new subsection 5A to guarantee life pension for President of the Senate, Speaker or Deputy Speaker of the House of Representatives at a rate equivalent to their annual salaries.

As if desperate to achieve the objective, the Deputy President of the Senate, Senator Ike Ekweremadu, who chaired the Senate Ad hoc Committee on the Review of 1999 Constitution, stoutly defended the current demands.

Ekweremadu went as far as saying that ignoring the push for the everlasting enjoyment for principal officers of the National Assembly at the expense of the taxpayers' money would mean attempts to denigrate the nation's legislature.

He said, "This has nothing to do with an individual. It is about the institution. Let us not politicise it. Nobody elected the Chief Justice of Nigeria, but he enjoys pension. But if we cheapen our own institution, so be it. Let us not make this a personal thing."

But social commentators were irritated by the senators' demands. According to the leaders of the Socio-Economic Rights and Accountability Project and the Trade Union Congress of Nigeria, the demands are "shocking, "irrational, "outrageous" "annoying" "self-serving" "despicable" and "thoughtless."

They said the demands were a grand strategy by the senators to alter the 1999 Constitution in their favour so that they could enjoy life benefits at the expense of millions of economically and socially disadvantaged citizens. Likewise, the National Publicity Secretary of the pan-Yoruba socio-cultural organisation, Afenifere, Mr. Yinka Odumakin, flayed the senators’ action. He was miffed that the demands further underscored the senators’ indifference to the pitiable situation of the country. Nigeria is undergoing economic recession brought about by the fall in the price of oil in the international market, apart from the persistent attacks on oil facilities by a new militant group, the Niger Delta Avengers. Odumakin said it would have been proper for the senators not to seek elections into the National Assembly at all, if they were less concerned with the myriad of the challenges confronting the country. He expressed the belief that the push for immunity and life pension for the principal officers of the National Assembly would disconnect them from the generality of the people and make them above the law. Odumakin said, "The senators’ demands portend institutionalisation of impunity because the demands came when the battle for the removal of immunity for the President and for the governors from the constitution has yet to be over. To now have immunity for the principal officers of the National Assembly is a sign of indifference of the senators to the pathetic situation of the country." While claiming that it might not be wrong to grant immunity to cover civil matters, he said granting it to cover criminal matters would be morally and legally wrong. "We have said that if there is any need at all to allow immunity in the constitution, it should be to cover civil cases, not criminal cases," Odumakin said, while asking individuals with proclivity for crimes to stay off governance. He said, "If you come into governance and you commit crimes, you should be apprehended and dealt with by the law of the land. Nobody should be above the law. So, we reject the demand for immunity and we ask Nigerians to reject it. "In fact, this should intensify the campaign for the removal of immunity for the governors and the President so that all Nigerians will be equal before the law." Senators Stella Oduah (PDP Anambra) and Ahmed Yerima (APC Zamfara), in their contribution to the deliberation during the retreat, emphasised that there was no reason why legislators should be denied all the benefits accruable to the executive and the judiciary. But Odumakin warned them that if they alter the constitution in such a way that would further grant undue advantage to the lawmakers, the document (constitution) would be rejected. He said, "It will be a basis for the total rejection of the constitution. It means the constitution is no longer the people’s property. Anyway, we have not really accepted the current constitution as our document, we are just managing it. If they do that, it will be a basis for total repudiation of the entire document." The eighth National Assembly was riddled with controversies ranging from false declaration of assets to forgery of document among the leadership of the Assembly in its first year. The Executive Chairman, Coalition Against Corrupt Leaders, Mr. Debo Adeniran, condemned the senators for irritating the citizens with their "obsession for institutionalisation of official extortion and protection of official criminals as they begin their second year." Aside from stressing that the proposed immunity and life pension were unhealthy and unwarranted, Adeniran expressed the belief that the National Assembly members might have planned to use the immunity to commit crimes and get away with them. He said, "The senators’ action is a sign of their insensitivity to the plight of Nigerians. What the action of the senators simply portends is that they are planning to commit some crimes and they don’t want the long arm of the law to catch up with them. "Those pushing the proposal are those who commit the worst form of corruption and are desperate to escape justice by every means possible." Adeniran said it was worrisome that in spite of the jumbo pay and privileges the lawmakers have legislated for themselves and which they had been enjoying, their constituencies had not positively felt their impacts. He said, "Members of the National Assembly legislated many things to themselves. They have legislated jumbo pay for themselves and they are enjoying. Taxpayers’ money has also been used to buy expensive cars for them. "Each member of the National Assembly is taking home about N15m every month and they have not impacted their constituencies positively. Despite all these, the senators have not fulfilled the purpose for which they were elected. "Ordinarily, the constitution provides that they should sit for minimum of 180 days in a year, but they did not fulfill that condition in their first year. They have violated the letter of the constitution; it necessarily means that they should be sanctioned according to the provision of the law." Adeniran, however, alerted the senators to the danger the proposed immunity and life pension might attract to them if they succeeded in pushing their demands through. He said, "The life pension they are proposing for their principal officers, they may achieve it, but we are assuring them that such a victory will be temporary. Very soon, they will not be able to walk freely in their communities because the people will revolt against them. "As a matter of fact, this has started happening in Kano State where three lawmakers were humiliated recently by their constituents. Basically, this will percolate to other parts of the country. The fresh controversy created by the proposed life pension will ginger Nigerians to take action against moves that will further undermine their interests." Prof. Dauda Salem of the Department of Political Science, University of Abuja, did not only condemn the senators’ "thoughtless" action, he asked those proposing immunity and life pension for the principal officers to perish the idea. He asked the lawmakers to be contented with the "huge amount of money and other benefits they have been receiving from the nation’s purse." Saleh said, "The kind of money they are receiving is enough. In fact, there is no basis for seeking life pension and immunity for their principal officers. "I agree with those who have condemned the senator’s demands. The senators should concentrate on things that will enhance the development of the country through quality legislation rather than proposing life pension. I think that demand is self-centred. "Nigerians should strongly condemn the proposal. The senators cannot be receiving that huge amount of money and still be thinking or asking for life pension. They should focus more on what Nigerians elected them to do." The 21 lawmakers’ argument that the immunity would prevent the National Assembly from being distracted to perform its lawmaking duty did not hold water, according to a social analyst, Mr. Jenyo Adelana. He asked the lawmakers to pinpoint a particular achievement they had recorded for the country since they were inaugurated on June 9, 2015.

Adelana said, "From all indications, it appears that Nigeria’s lawmakers are not ready for serious legislative business. Have they justified their elections? What can they pinpoint as their achievement for the generality of the country since they were inaugurated last year?"