Wednesday 26 June 2013

House Rejects Bill to Amend 2013 Budget

 National Assembly


•Seeks review of cut-off marks for admissions to unity colleges


Onwuka Nzeshi


After a long-drawn argument and series of postponements, the House of Representatives  Wednesday finally dumped the 2013 Appropriation Act Amendment Bill.

This came on the heels of a motion seeking a reversal of the discriminatory government policy on admission to Federal Government Colleges (unity schools).
The House Committee on Education has been mandated to interface with both the Federal Ministry of Education and the National Examinations Council (NECO) to review the policy to guarantee fairness and restore credibility to the system.

The lower chamber of the National Assembly threw away the budget amendment bill after it received the report of an ad hoc committee set up to scrutinise it and advise the chamber on how to handle it in view of the objections earlier raised on it.

In throwing out the bill, the House argued that Section 81 (1), (2) and (4) of the 1999 Constitution did not envisage an amendment to an Appropriation Act, except through supplementary appropriation.

Chairman, House Committee on Rules and Business, Hon. Albert Sam-Tsokwa, who read the report at plenary yesterday, said the Appropriation Act 2013 Amendment Bill, which President Goodluck Jonathan forwarded to the National Assembly on March 14, had no place in the 1999 Constitution.
Sam-Tsokwa stated that apart from the title of the document, "Appropriation Act 2013 Amendment Bill", the document had nothing again in it to show that it was a document seeking to amend or repeal and re-enact the 2013 Appropriation Act.
According to him, the five-clause bill was completely silent on which sections of the 2013 Appropriation Act it sought to amend or repeal.

It was also silent on the schedules or what aspects of the schedules to the 2013 Act it sought to amend or repeal.

He noted that while the 2013 Appropriation Act appropriated a total sum of N4,987,220,425,601.00 for the 2013 financial year, the 2013 Appropriation Act (Amendment) Bill sought to appropriate a total sum of N4,987,382,196,690.00.
“What the Amendment Bill 2013 seeks to appropriate is more than what was appropriated for the 2013 fiscal year in the 2013 Appropriation Act.

"That is to say, the executive would appear to be seeking additional funds. Obviously, this cannot be achieved through an amendment bill. The answer lies in a Supplementary Appropriation under section 81(4) of the Constitution.  Mr. President, being the only authority constitutionally endowed and empowered to initiate a money bill, may wish to re-submit a proper bill as section 81 clearly ties the hands of the parliament,” the report said.

There was no debate on the report as Speaker, Hon. Aminu Tambuwal, ruled in favour of the earlier objection raised against the bill.
This has effectively put an end to any hope of the House considering the 2013 Appropriation Act Amendment Bill.

The president had via a March 14 letter forwarded the amendment bill to the two chambers of the National Assembly.

The bill passed the first reading stage and was subsequently scheduled for second reading on June 5, but the debate and consideration of the general principles of the bill were stalled when the Chairman, House Services Committee, Hon. Yakubu Dogara, raised a constitutional point of order against the bill.

Dogara drew the attention of the House to section 81(1), (2) and (4) of the 1999 Constitution and observed that the Appropriation Act 2013 (Amendment) Bill under consideration was more of a new 2013 Appropriation Bill than an Amendment Bill 2013.
He argued that the bill was alien to section 81 of the Constitution and therefore unconstitutional.

Tambuwal entertained comments on the constitutional point of order from some members and ruled that being a constitutional issue, the matter should be referred to the House Committees on Rules and Business, Justice and Judiciary for further examination.

Also yesterday, the House entertained a motion seeking a reversal of the alleged discriminatory admission policy to the unity colleges.

Deputy Chairman, House Committee on Media and Public Affairs, Hon. Victor Afam Ogene, who raised the matter, said whereas the 1999 Constitution abhors discrimination of any sort against its citizens, the Federal Ministry of Education was pursuing discriminatory policies in the admission of pupils to the unity colleges.

Section 42 (1) of the 1999 Constitution states that no citizen of Nigeria shall be discriminated against on the basis of his community, ethnic group, place of origin, gender, religion or political opinion through any law in force in Nigeria or any executive or administrative action of government.

Similarly, under the fundamental human rights as enshrined in the 1999 Constitution, no Nigerian child should be denied access to education, based on state of origin or any other consideration.

In the lead debate, Ogene raised the alarm that the recently released cut-off marks for the unity colleges by the ministry and NECO, organisers of the National Common Entrance Examinations in Nigeria, contravened the constitution.

According to him, the system adopted gave candidates from some states undue advantage over the others, describing it as a mockery of the principles of merit and fairness.

“It is a source of concern that while candidates from my home state, Anambra, irrespective of gender, are expected to score at least 139 marks to gain admission to the said unity schools, candidates from some other states are expected to score just two or three marks respectively for the same admission.
“I am worried that at a time when affirmative action is geared towards assisting the girl-child, this executive policy is ironically tilted against female candidates in several states, requiring them to score higher marks than their male counterparts before securing admission, contrary to provisions of the Nigerian constitution that require that nobody should suffer discrimination based on gender,” he said.

Ogene expressed dismay that while candidates from some states were required to score below 70 marks for admission, those from the entire South-eastern states are required to score marks such as: Abia – 130, Enugu – 134, Ebonyi -112, Imo – 138 and Anambra – 139 to be admitted to the unity colleges.

He described as nebulous and illogical the explanation offered by the ministry that this anomaly was a deliberate agenda to encourage "educationally disadvantaged states" in line with the principles of federal character.

Ogene warned that this discriminatory policy, if allowed to stand, would not only encourage illegality, but also destroy the core values of merit, hard work and excellence in favour of indolence and mediocrity.

The motion got the support of the lawmakers and the House Committee on Education has been mandated to parley with both the ministry and NECO to review the policy. The committee is to report back to the House on July 2.


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