A First Time Legislator Who Mastered the Ropes

Udora Orizu writes that as a first time legislator, the 9th House of Representatives Spokesman, Hon. Benjamin Okezie Kalu really knows his onions and strives to make a difference

For legislators in both national and state assemblies to be good, they must carry out the functions expected of them in a system of representative democracy. The main functions are making laws, representing constituencies and power balance. An active legislator, therefore, has to be independent of any form of control from ‘external forces’ and refuse to rubber-stamp most executive proposals. In considering whether the lawmakers are performing their duties, one has to examine how well they are performing the above named functions.

The Ninth National Assembly, which was inaugurated on June 11, 2019, is made up of 109 Senators and 360 members of the House of Representatives elected from various constituencies across the country. While majority of the lawmakers are inactive, the ninth House has a handful of active legislators, whose contributions in the last two years are quite laudable.

One of those active lawmakers is the mouth piece of the Green Chamber, Hon. Benjamin Okezie Kalu (APC Abia). Kalu who is a first timer in the House of Representatives representing Bende Federal Constituency was appointed Chairman, Committee on Media and Public Affairs and official spokesperson of the Ninth House by the Speaker, Hon. Femi Gbajabiamila.

As Chairman, House Committee on Media and Public Affairs, he launched the first ever magazine publication of the Assembly called, “The Green Chamber Magazine”, which according to him would be a tool of transparency for reporting all activities of the House.

In the past two years, his innovative approach towards legislative activities through bills and motions has ranked him as one of the top 10 members of the House by bill sponsorship. He also attracted various projects to his Bende constituency including road rehabilitation, construction and rehabilitation of schools and medical centres, and distribution of educational material.

On Making laws and Representative Democracy

The Lawmaker hit the ground running by moving the first motion of the 9th Assembly. He has since then sponsored several motions. One of his notable motion was the motion praying the evacuation of Nigerians from China as Coronavirus spread from that country to other parts of the world.

Moving the motion at the plenary in February 2020, Kalu called for the evacuation of over 65 Nigerians from the City of Wuhan and the Wider Hubei Province in the Peoples Republic of China. The motion was however rejected by the lawmakers.

Another notable motion, was the motion on the need for intervention in the public health crises of Tuberculosis in Nigeria.

Adopting the motion, the lawmakers urged the Federal Ministry of Health and other relevant ministries, departments and agencies of government to ensure effective and efficient implementation of tuberculosis-related policies, including improving government funding and ensuring the inclusion of TB in the minimum primary health care service package as well as other priority interventions in the health sector.

Also, the House urged the Federal Government to consider the inclusion of TB services into the benefits package of the National Health Insurance Scheme “due to its qualification as a disease of high burden and public health concern.”

Furthermore, the House mandated its committees on HIV, AIDS, Tuberculosis and Malaria Control; Health Care Services; and Health Institutions to interface with stakeholders, relevant professionals and the public “to determine the appropriate legislative intervention required for improved TB control and to mitigate the impact of COVID–19 on tuberculosis, especially the MDR–TB, and to effectively address stigmatisation and all forms of discrimination against people living with TB.”

Some other motions include: Motion on the Need to Suspend the Implementation of the Cashless Policy on Deposits by the Central Bank of Nigeria (CBN), Motion on the Urgent Need to Ensure Speedy Reconstruction of the Akanu Ibiam International Airport Runway and Installation of Landing Aids,Urgent Need to Combat Severe Landslide and Other Threatening Environmental Degradation in Alayi and Other Communities in Bende Federal Constituency, Need to Investigate the Failure and Refusal of the Niger-Delta Development Commission to Submit its Budget Estimates for 2019 to the National Assembly for Approval.

The House Spokesman, has also sponsored over 40 bills within two years. While some of his Bills have successfully passed through different stages of Bills reading, the lawmaker in December 2019 experienced opposition to one of his proposed legislation in the House. He had to withdraw a Constitution Amendment Bill that sought to amend Section 12 of the 1999 Constitution by including committees of the National Assembly in negotiation of treaties. His colleagues who opposed the Bill’s passage, hinged their reason on the proposed legislation breaching the doctrine of separation of powers.

Some of the Bills include: Federal College of Education Bende, (Establishment,etc.) Bill 2020, Industrial Development (Income Tax Relief) Act (Amendment) Bill, Counterfeit Currency (Special Provisions) Act (Amendment) Bill, 2020, Dangerous Drugs Act (Amendment) Bill 2020, Acts Authentication Act (Amendment) Bill, 2019, Nigerian Meteorological Agency Act (Amendment) Bill, 2019, Nigerian Communications Act (Amendment) Bill, 2019, Internal Loans (Rehabilitation, Reconstruction and Development) Act (Amendment) Bill, 2019, Public Accounts Implementation Tribunal Act (Repeal) Bill 2019, Official Secrets Act (Amendment) Bill, 2019, among others.

His Bills awaiting first reading are: “Associated Gas Reinjection Act (Amendment) Bill, National Environmental Standards and Regulations Enforcement Agency Act (Amendment) Bill, National Planning Commission Act (Amendment) Bill, Armed Forces Act (Amendment) Bill, Federal Cooperative College, Oji River (Establishment, etc.) Bill, Federal Cooperative College, Ibadan (Establishment, etc.) Bill, Federal Cooperative College, Kaduna (Establishment, etc.) Bill, Cybercrimes (Prohibition and Protection) Act (Amendment) Bill, 2020, Minerals and Mining Act (Amendment) Bill, 2020, Small and Medium Scale Enterprises Development Agency Act (Amendment) Bill, 2020, Automotive Tyres (Mandatory Inscription of Dates) Bill, 2020, Fiscal Responsibility Act (Amendment) Bill, 2020 and Flags and Coat of Arms Act (Amendment) Bill, 2020.

Power Balance

The 1999 Constitution of the Federal Republic of Nigeria made the theory of separation of powers a fundamental principle of governance. Kalu as the House Spokesman has been able to be balance the uneasy task of being the mouthpiece of the House.

An example of this can be noted in December 2020, when the House Spokeman faulted the Attorney-General of the Federation (AGF) and Minister of Justice, Mr. Abubakar Malami (SAN), for querying its power to summon President Muhammadu Buhari.

The President, who was earlier scheduled to appear before the House to brief lawmakers on efforts by his administration to check the worsening insecurity in the country, expectedly failed to turn up.

Countering Malami, Kalu, told reporters in Abuja that the legislature did not act in error to invite the president.

He also fired back at the minister that contrary to his claim, the constitution empowers it to invite the president

Kalu noted that majority of the lawmakers took the mandate of their constituents and moved a resolution even against the position of the Speaker, adding that the decision of the parliament overrides the Presiding Officer’s because to do otherwise would be biased and undemocratic.

He explained that in deference to Buhari’s office, the House leadership sent a delegation, which included the Speaker; Deputy Speaker, Hon. Ahmed Wase; and House Leader, Hon. Alhassan Doguwa, to engage the President beyond the resolution of the House.

Kalu said: “When they met with Mr. President, he assured them that he will visit and address Nigerians. As the days went by, it was narrowed to Thursday. There was official communication from the Presidency committing to the position of Mr. Speaker that the President has accepted to come. So, the Speaker and Deputy were not operating on the frolic of their own; it was backed up by the President.

“As you know, what we operate is a democracy that hinges on party supremacy. Beyond the president lies the supremacy of the party. The president answers to the party. He’s there as president on the platform of the APC, given to him by the party. So, if he took a position as the president and his political party asks him to alter his position, if he’s truly a party man, he must oblige his party while the discussion goes on.”

“Regarding whether it is constitutional to invite the president, somehow I would have said let’s leave the judicial interpretation of the provisions of the constitution to be in the hands of the judiciary, but as a lawyer, I can assure you the parliament did not act in error and this I say based on the constitution. There’s a mandate and that mandate is well expressed in Sections 88, 89. The position of the law says that granted by Section four of the Armed Forces Act, the president is the chairman of the Security Council. The Armed Forces Act is a piece of legislation made by the parliament.

QUOTE

Moving the motion at the plenary in February 2020, Kalu called for the evacuation of over 65 Nigerians from the City of Wuhan and the Wider Hubei Province in the Peoples Republic of China. The motion was however rejected by the lawmakers. Another notable motion, was the motion on the need for intervention in the public health crises of Tuberculosis in Nigeria