Senator Proposes Motion to Reverse Amended Senate Rule On Presiding Officers’ Election
* Warns against ‘predetermined’ 11th Senate leadership
Sunday Aborisade in Abuja
Fresh controversy erupted in the Senate on Thursday as Senator Ezenwa Onyewuchi, who is representing Imo East Senatorial District, vowed to move a motion seeking to rescind the recent amendment to the Senate Standing Orders barring newly elected senators in the incoming 11th National Assembly from contesting for presiding officers’ positions.
The lawmaker described the amendment as “self-serving,” unconstitutional and a dangerous attempt to impose a predetermined leadership structure on the next Senate.
Speaking with journalists at the National Assembly shortly before plenary, Onyewuchi said the decision of the Senate to restrict eligibility for the offices of Senate President, Deputy Senate President and other key positions to only ranking lawmakers returning from the current 10th Senate violated clear constitutional provisions.
He disclosed that he would formally present a motion immediately after plenary seeking the reversal of the controversial amendment adopted by the Senate on Tuesday after a marathon executive session.
Onyewuchi said: “So, I think clearly this issue should be revisited. I am formally going to bring a motion to rescind this decision of the Senate for the common good.
“Immediately after plenary today, I will bring a formal motion in that respect.”
The amendment, which has sharply divided senators, introduced stricter eligibility criteria for the emergence of presiding officers in the 11th Senate expected to be inaugurated in 2027.
Under the revised Standing Orders, only senators re-elected from the current 10th Senate would qualify to contest for Senate President and other principal offices.
The amended rules also established a hierarchy for leadership eligibility beginning with former Senate Presidents, former Deputy Senate Presidents, former principal officers, senators who had completed at least one full term, members transitioning from the House of Representatives and, lastly, first-time senators where no higher-ranking lawmakers emerged.
But Onyewuchi argued that the Senate exceeded its constitutional authority by introducing qualifications not contemplated by the 1999 Constitution.
“That’s a contentious issue, which is the amendment to the Senate rules. We tried to address it and air our views, but some of those views were diluted by the cacophony of voices because of the contentious nature of the matter,” he stated.
According to him, Section 50 of the Constitution clearly stipulates that presiding officers of the Senate shall be elected by members from among themselves without imposing additional conditions.
“Section 50 of the Nigerian Constitution is clear on it: there shall be a president and deputy president of the Senate who shall be elected by members from among themselves. It did not set further criteria,” he said.
“And any other criteria set outside this, that is in conflict with the Constitution of the Federal Republic of Nigeria, to that extent, is null and void.”
The senator maintained that although Section 60 of the Constitution empowers the Senate to regulate its internal procedures, such powers could not be stretched to alter constitutional qualifications for elective offices within the chamber.
“The Senate is relying on Section 60 of the Constitution that gives the Senate powers to regulate its internal procedure. But for me, the procedure we are talking about should be for the effective running of the Senate,” he argued.
“It should relate to how bills are handled, oversight functions carried out and how erring members are disciplined, not on fundamental issues that are inconsistent with the Constitution.”
Citing constitutional supremacy, Onyewuchi further invoked Section 1(3) of the Constitution which provides that any law inconsistent with the constitution shall be void to the extent of its inconsistency.
The senator warned that the amendment could undermine democratic principles and erode confidence in the process of electing Senate leaders.
“What has happened shows a lack of faith and confidence in the democratic process of electing presiding officers,” he said.
“It also worries me that we may be foisting a predetermined leadership for the incoming Senate, and that will be unfair.”
According to him, the amendment would infringe on the rights of senators elected into the 11th National Assembly who were not members of the current Senate but may possess the competence and support required to lead the chamber.
Although he admitted that he personally qualifies under the new ranking arrangement, Onyewuchi insisted that his opposition was driven by principle and concern for the institutional integrity of the National Assembly.
“For me, I qualify; I am a ranking member of the Senate, but it is not just about me. It is about this institution,” he said.
“This is my 16th year here and we are concerned about the legacy we are going to leave behind. By the time we leave, are we strengthening democracy by our actions? That is my major concern.”
He stressed that Senate rules remain subordinate to the constitution and cannot supersede its provisions under any circumstance.
“Let me say clearly that the Senate rules are subordinate to the Constitution of the Federal Republic of Nigeria and shall not by any means override the constitution,” he declared.
The rule amendment has continued to generate tension within the upper chamber amid concerns that it may be aimed at shaping the power configuration of the next Senate ahead of the 2027 general election.
The development comes barely 24 hours after a heated session in the chamber during which sharp disagreements emerged over the controversial changes to the Standing Orders.