The speaker of the house of representatives, Mr. Femi Gbajabiamila yesterday ordered the withdrawal of the contentious National Water Resources Bill 2020 for proper gazette and reintroduction in accordance with the house rules.
The decision to withdraw the bill followed a point of order by a representative of Makurdi/Guma Federal Constituency in Benue State, Mr. Benjamin Mzondu, who complained that his legislative privilege was breached as the bill did not follow the due process and that a copy was not made available to him.
Citing Order 6, Rule 1 (1), 2 and 3, under Matters of Privilege to back his argument, he insisted that it was in an effort to eliminate the “element of surprise” that the House in its wisdom included in its Standing Rule that every Bill must be published in its gazette or clean copies be circulated.
He said he was misled by the use of Order (12) Rule 18 of House Standing Orders, stressing that it was an issue of law and procedure, while adding that the onus of interpretation lies with Gbajabiamila.
According to him, “I wish to refer to Order 6, Rule 1(1), 2 and 3 and Order 12, Rule 18 to state that I was deprived of my legislative Privilege of sighting a gazetted copy of the National Water Resources Bill HB 921, and such could not participate in the consideration of the report by the Committee of the Whole, which also deprived me of my rights and privilege of representation to my people.
“Mr. Speaker, Hon. Colleagues, it is in the effort to eliminate the “Element of Surprise”, that the House in its wisdom, included in its Standing Rule, that every Bill, must be gazetted or clean copies circulated. It is important to note that the word emphasized here, is “gazette”, which means appearing in the Bills Journal of the House.
“The words used are clear and unambiguous; they ought to be given their ordinary meaning, as stated.
“Mr. Speaker, Hon. Colleagues, I was misled by the use of order 12, Rule 18 of our Standing Orders. Mr. Speaker, Hon. Colleagues, it is an issue of law and procedure, and Hon. Speaker, the onus of interpretation, lies with you. Where the Bill was labeled as Bill 2020, it was not considered as such.
“The laws lay, on your shoulder to interpret these rules as stated in Order 7 Rule 1(7). It is important to emphasize that I have painstakingly searched through all the journals of the House, and cannot find where the Bill is gazetted and I stand to be challenged or corrected.
“The next question for your consideration, Hon. Speaker, deals with jurisdiction, whether the House such powers to entertain a bill, such proceedings become a nullity, ab initio no matter how conducted and decided”.
“So having not met this condition, I wish to move, relying on Order 8 Rule 8 and the above-stated rules, that “The House do rescind/expunge its decision of 23rd July 2020, which adopted the National Water Resources Bill, 2020 HB921 to have been read the Third time from our records,” he said.
Members of the legislature, mostly from the southern part of the country and the opposition Peoples Democratic Party, raised various legal and procedural issues on the bill.
Efforts by their northern colleagues to save the bill proved abortive as arguments by the PDP members and other opponents of the bill forced Gbajabiamila to order its withdrawal and reintroduction.
“Fundamental issues have been raised by Hon. Mzondu. He has backed them up, with a clear language, that such bills must be re-gazetted,” Gbajabiamila said.
However, the deputy speaker, Mr. Idris Wase, argued against Mzondu’s position, stressing that the Bill followed due process in its passage.
Wase’s argument was buttressed by the sponsor of the Bill, Mr. Sada Soli and the chairman of the rules and business committee, Mr. Hassan Fulata.
Recall that the same Bill which was earlier introduced as Executive Bill was killed in the Senate, but passed in the House. The instrument, however, couldn’t be retransmitted to the Senate for Senate’s concurrence before the 8th Assembly lapsed.
