After about two hours of spirited legislative protests made by senators belonging to the main opposition party, the All Progressives Congress (APC), to stop the screening and confirmation of Senator Musiliu Obanikoro as Minister of the Federal Republic of Nigeria yesterday, the Senate eventually confirmed his nomination. However, the APC senators staged a walkout. The protest by APC lawmakers began with a string of point of orders, first raised by Senator Bukola Saraki (Kwara Central) to Ganiyu Solomon (Lagos West), who raised the 8th and the last point of order to stop Obanikoro’s confirmation by the Senate, along with seven other ministerial nominees. All these created drama and tension at the screening session yesterday. Saraki had, immediately the Senate resolved to start the screening of the last four ministerial nominees yesterday, through a motion moved by the Leader of the Senate, represented by the Deputy Leader, Abdul Ningi ( PDP Bauchi Central), raised Order 15 of the Senate rules under personal privilege, to remind the Senate President, David Mark, that the Senate resolved last week during a closed door session, to have another closed door session before carrying out the screening of one of the four, Musuliu Obanikoro. But the Senate President ruled him out of order by declaring that executive session is not a privilege, but just a decision that can be made by the Senate at any time is deemed necessary. Immediately after Saraki’s failed attempt, Senator Gbenga Ashafa (Lagos East) also made a spirited effort to stop Obanikoro’s screening by raising Order 53(5) of the Senate standing rules which states:”That reference should not be made by the Senate to any matter on which judicial decision is pending in such a way as might in the opinion of the Senate President prejudice the interest of parties thereto.” Ashafa, who made reference to a story in one of the national dailies of yesterday, argued that since Obanikoro has a case against his nomination before a Lagos High Court and since Senate President Mark and PDP have also been joined in the suit, that the Senate in line with provisions of the standing order, disallowed Obanikoro from appearing before it for any screening or confirmation. But Mark, ruling him out of order, said nobody has served him any notice on the case and, therefore, as far as he was concerned, “there is no case in court against the subject matter before the Senate for legislative consideration.” After Ashafa came Senator Babajide Omoworare (Osun East), who quoted relevant sections of the constitution and Senate’ standing rules to support his opposition against Obanikoro’s screening; but he was also ruled out of order by the Senate president. The same fate befell Senator Olubunmi Adetunbi (Ekiti North) who even after the Senate had moved into the committee of the whole for screening and confirmation of the nominees still pushed to stop the exercise. Adetunbi had, in his argument against Obanikoro’s screening, premised his debate on Order 15 of the Senate standing rules, saying it would be gross injustice against him if Obanikoro’s screening was allowed to take place on account that a case against that was already in court. A similar judicial process, he disclosed, made him on the advice of the Senate president, to step down a motion he wanted to raise on the floor of the Senate over the Ekitigate saga in which Obanikoro was largely involved. “If the screening of Obanikoro takes place in the Senate today, in spite of the case against his nomination in the court, it would amount to gross injustice against me because the motion I wanted to move on the Ekitigate saga on the floor of the Senate a few weeks back, allegedly revealing how Obanikoro and some others planned the rigging of Ekiti gubernatorial election in June last year, was stepped down based on advice given by the Senate President that the matter was in court,” he stressed. But Mark countered him by saying that the advice he gave to him against the Ekitigate motion was predicated on the fact that the Senate, by his tradition, never investigates any matter already in court. Also, the last effort made by Senator Solomon (Lagos West) to stop Obanikoro also met a brick wall at the Senate. Solomon, who raised Order 53 (9) insisted that since all the three senators from Lagos State are against Obanikoro’s screening, the Senate, in line with its known tradition, should defer his screening to another day, to give room for possible change of position of Lagosians, in particular, and Nigerians, in general. The Senate President said with the situation on ground, the Senate was caught in between two known traditions. One, he said, is to give any former senator nominated for ministerial position a take a bow and go privilege, and two, to stop any senatorial nominee, having two or the entire three senators from his or her state against him from screening and confirmation. “We are no doubt caught between two different traditions here. The simple way out of the dilemma at hand is to put the question to the floor on whether the Senate should, in line with the first tradition, allow Obanikoro, as a former Senator to take a bow and go after which question will be put for the second one if answer to the first one is nay,” he said. But the answer to the first question on whether Obanikoro should take a bow and go, got overwhelming yes from the senators, many of whom were PDP senators. Consequent upon this, the APC senators staged a walkout. Accordingly, the Senate, thereafter, confirmed the nomination of Obanikoro and the seven other nominees screened before him. They are: Mrs Hauwa’u Lawan from Jigawa State, Kenneth Kobani from Rivers State, Senator Joel Danlami Ikenya from Taraba State and Senator Patricia Akwashiki from Nasarawa State. Others are: Professor Nicholas Akise Ada (Benue State), Col Augustine Akobundu (Abia State) and Engineer Fidelis Nwankwo (Ebonyi State). The aggrieved APC senators later briefed the press, disassociating themselves from the confirmation of Obanikoro as Minister of the Federal Republic of Nigeria, alleging that it was null and void since the Senate did not form a quorum to do it after their walkout. But the Senate’s spokesman, Eyinnaya Abaribe (PDP Abia South) , countered them, saying the”matter of quorum in the Senate as guided by its rules is determined at inception of every day’s business and not at the tail end when the APC senators staged a walkout protest.” 






