Senate amends section 145 .

The Senate, on Wednesday, voted to alter the provisions of section 145 and 190 of the 1999 constitution.

The amendments make it compulsory for a president or a governor to transmit a letter to the leadership of the National Assembly or House of Assembly respectively to enable the vice president or deputy governor act “whenever the president is proceeding on vacation or is unable to discharge the function of his office.”

The bill also empowers the National Assembly or state legislators to pass a resolution, empowering the vice president or deputy governor to act on behalf of the president or governor if there is a failure to transmit such letter within 14 days of his departure.

The bill is sponsored by the Deputy Senate President, Ike Ekweremadu, and supported by members of the senate Committee on Constitution Review.

The idea to alter the two sections proposed for amendment came up as a result of the inability of the lawmakers to constitutionally get the president to transmit a letter when he was absent. This led the Senate to adopt a creative resolution, empowering Vice President Goodluck Jonathan to act pending the return of President Yar’Adua.

The House of Representatives has already considered a similar bill, seeking to amend the same sections. While the Representatives are contemplating a 21-day grace period for the president or governor to be away on vacation without transmitting his powers, the senate voted in favour of 14 days grace period.

The differences will, however, be harmonised by a joint committee of the senate and House before the bill is passed down to the state Houses of Assembly for consideration.

Speedy passage

The bill was first read by the senate on 17 February. The following day, the senate started the second reading debate on the bill. After three days of debate, when nearly all senators contributed, on Wednesday, the bill passed its second reading.

It was immediately committed to the committee of the whole senate. There, the senate considered the provisions of the amendment bill, clause by clause, after which slight amendments were made on the original proposal.

The bill was then put to vote and senators stood in turns to vote a “yes” or “no” for or against the alterations. Out of the 109 senators, 17 senators were absent from the sitting and 89 senators voted “yes” to amend the first part of the bill.

Two senators, Yale Mallam Kaka (ANPP Borno State) and Garba Yakubu Lado (PDP Katsina State) voted against the alterations.