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  • Reintroduction Of Water Resource Bill

Reintroduction Of Water Resource Bill

Nelson Okoh October 19, 2020
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Abubakar Fulata, Chairman, Committee on Rules and Business has reintroduced The National Water Resource Bill. The bill was earlier rejected on Tuesday, September 29 by a majority in the Green Chamber. A staff of the Committee disclosed that ‘The Bill has now been gazetted to be presented again’.

He further stated that ‘the Northern caucuses of the House and the Senate; herdsmen groups as well as other Northern leaders are pushing for the Bill’. One of the major sponsors is Rep. Sada Soli (APC-Katsina).

The Water Resource Bill, which has faced constant opposition from groups across the country, has been forwarded by the Northern Caucuses of both Houses of the National Assembly, Miyetti Allah Cattle Breeders Association, associated herder groups, Ministry of Water Resources and mostly Northern leaders.

The House discussed extensively on Tuesday, while considering a Matter of Privilege raised by Rep. Benjamin Mzondu (PDP-Benue) to be heard on the contentious National Water Resources Bill, 2020.

Mzondu’s motion sought the withdrawal of the Bill owing to the public outcry against it and its breach of House’ Rules.
In presenting his Matter of Privilege, Rep. Mzondu cited Order 6, Rule 1 (1), 2 and 3, as he argued thoroughly against the transmission of the Bill to the Senate and its finally becoming law. He said,
‘ 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 gazetted copy of the National Water Resources Bill HB 921, and as such could not participate in the consideration of the report by the Committee of the House 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 at 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 has such powers to entertain a bill and 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 23rdJuly, 2020, which adopted the National Water Resources Bill, 2020 HB921 to have been read the Third time from our records’.

Read Also: Between Parliamentary Bills and Presidential Vetoes: A Widening Gulf

His latter pleas were granted after a prolonged debate from both sides of the legislative divide as the Speaker ordered for the withdrawal of the Bill.

‘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. While the Deputy Speaker of the House, Rep. Idris Wase who argued against Mzondu’s position, stressed that the Bill followed due process in its passage.


Wase’s argument was buttressed by the sponsor of the Bill, Rep. Sada Soli (APC-Katsina) and the Chairman of the Rules and Business Committee, Rep.Hassan Fulata(APC-Jigawa).


Lawmakers, led by Rep. Kingsley Chinda (PDP-Rivers), however put up a strong defence for Mzondu’s submission, leading to the decision of the Speaker to demand the withdrawal of the Bill, for a fresh gazetting.
It was recalled that the same Bill was earlier introduced as Executive Bill, but was annuled in the Senate, and passed in the House. The instrument, however couldn’t be retransmitted to the Senate for Senate’s concurrence, before the 8th Assembl y lapsed. The House continues plenary on Tuesday to discuss pending Bills.

Peace

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