The Senate at plenary on Tuesday, had a heated debate on a Bill for an Act to provide for the National Livestock Bureau to ensure protection, control and management of livestock, traceability registration and cattle rustling in the country.
The bill which was sponsored by Senator Bima Muhammad Enagi (Niger South) seeks to ensure protection, control and management of livestock, traceability registration and cattle rustling in the country.
There was a sharp division during the consideration of the bill as spokesman of the Senate Ajibola Bashiru reminded the upper legislative chamber that no portion of the exclusive and concurrent components of the 1999 Constitution (as amended) gave the National Assembly powers to legislate on livestock.
He clarified that only the State Houses of Assembly were lawfully empowered to handle the issue, adding that further deliberation on the piece of legislation was unconstitutional.
While no other southern senators spoke, four of their northern colleagues, including the Senate President, Ahmad Lawan, backed the bill.
Bashiru's position was opposed by a Senator from Kebbi State, Bala Ibn N’Allah, who contended that the National Assembly could legislate on the matter.
He insisted that it was the duty of the Federal Government to ensure food security in the country.
Na’Allah said: “I read in person the debate on the issue as to whether the senate has legal capacity to legislate on issue of agriculture last week. It is by providence that today the same issue is being raised, based on my limited understanding of the constitution, the sectorialzation of powers of National Assembly under what is called exclusive, the concurrent list, one if it was under a system of confederate nature , then you can religiously say that we don’t have the power, but because the system is federal in nature the constitution anticipates a situation might arise where the overriding National interest will be tabled for consideration and that’s why the constitution says if an issue is presented in the concurrent list, both the National and state assemblies have powers to make laws. And that where the laws made by the states becomes inconsistent with the one made by the federal then ours shall prevail so that the provision.
“With due respect to position held by Senator Bashiru , the senate has legislative competence to legislate on issue of agriculture. This is one of the best legislation to be presented for the intervention of the senate. In view of the current crisis we are having, regarding cattle rustling extra ordinary situation requires extraordinary actions and this is the reason why we find justification by the senate to legislate on issue of agriculture. If the contents of this Bill is implemented movement of cattle will be strictly monitored, it means it will make it almost impossible to have access to illegal livestock and sell them elsewhere. It’s better for us to err on the side of action that will bring peace to the country than for us to err on what we can conveniently refer to as legislative convenience”.
Contributing, Senate Deputy Whip, Senator Sabi Abdullahi recalled that the Bill was brought before the Eighth Senate but “unfortunately it never went through.
“This Bill is timely and should be supported. We are talking about diversifying the economy, the livestock sector is key to this effort.”
Corroborating Na’Allah’s position, the Senate President said it was within his powers to interpret the Constitution and the Senate rules.
He recalled that in February, 2010, the National Assembly, without recourse to the 1999 Constitution, as amended, passed the Doctrine of Necessity motion which ushered in Goodluck Jonathan as acting President, adding that national interest was more important.
His words: “I believe that in this Senate, we even had a resolution or intervention that was based on the Doctrine of necessity, because there was need for the National Assembly to intervene even when it was clear that there was no provision for such a situation.
“Sitting here, I believe that we will be doing this country good, we will be doing justice and a great deal of service to our people that we legislate on this. The identification is just one side of it, but the protection and management of this sector of our economy that is so huge and massive is critical to our economy.
“It is not something that we will leave to the states to do whatever they want to do. Let the states also try to legislate to compliment whatever the National Assembly will do.
“So, based on Standing Order 25(h) which gives me the authority to interprete both our standing orders – the rules and constitutional point of orders – I rule that this Senate and, indeed, the National Assembly has the legislative competence to legislate on this matter”.
Lawan said the livestock sector generated between N5 to N10 trillion annually for the country.
“Any government or any parliament will try to do anything possible to ensure that such an industry is protected, promoted to ensure that people earn their livelihood and people have food reserve in the country.”
The Senate President thereafter, ruled in favour of the passage for a second reading of the Bill and referred it to the Senate committee on Agriculture and Rural Development which is to report back to plenary within two weeks.
Meanwhile, three other bills scaled second reading during plenary on Tuesday.
They are: A Bill for An Act to Amend the Nursing and Midwifery Act (Amendment) Bill, 2021; A Bill for An Act to Establish Integrated Corporate Commercial Data Management Commission; and the Critical Infrastructure Protection Bill, 2021.
The bills were sponsored by Senators Hassan Mohammed (Zamfara Central); Yusuf Abubakar Yusuf (Taraba Central); and Mohammed Sani Musa (Niger East), respectively.
While the Bill for An Act to Amend the Nursing and Midwifery Act (Amendment) Bill, 2021, was referred by the Senate President to the Committee on Health; the Bill for An Act to Establish the Integrated Corporate Commercial Data Management Commission; and the Critical Infrastructure Protection Bill, 2021, were both referred to the Committee on Establishment and Public Service.
The Committees are also expected to turn in their reports within four weeks.
