Politics
Senate In Stormy Session Over Buhari’s N23.7trn ‘Ways And Means’
The Senate was in disarray for several hours, on Wednesday, over how to restructure the payment of N23.7 trillion “Ways and Means” secured from the Central Bank of Nigeria, CBN, in the last 10 years.
President of the Senate, Senator Ahmad Lawan, forced the lawmakers to go into a closed-door session to stop the chaos from degenerating into a brawl.
“Ways and Means” are loans or advances by the CBN to the Federal Government to enable it to cater for short-term or emergency finance to fund delayed government expected cash receipt of fiscal deficits.
Trouble started when Chairman of Senate Committee on Finance, Senator Olamilekan Adeola (APC, Lagos West), came up with a report on Ways and Means 2022 as requested by President Muhammadu Buhari, last week.
Soon after Adeola’s presentation, Senator Apiafi (PDP, Rivers West), raised a point of order, with very strong argument that President Buhari’s request was unconstitutional and what the Senate was about to do by considering the request was unknown to Nigerian law.
Tension engulfed the Senate when the Senate President, Lawan, ruled her out of order on the grounds that the report should be presented and read by the committee chairman for lawmakers to contribute to the debate.
President Buhari had last week written to the Senate, requesting the approval of restructuring of N23.7 trillion Ways and Means advances given to the Federal Government by the CBN.
The President in a letter read by Senate President during the Plenary session last Wednesday, explained that the ways and means balances as of December 19, 2022, were N23.7 trillion.
President Buhari further stated in the letter that he had approved the securitisation of the Ways and Means balances along the following terms: Amount N23 .7 trillion; Tenure 40 years; Moratorium on principal repayment, three years; and Pricing interest rate nine percent.
The Senate had in line with parliamentary procedure, given the request expeditious consideration by passing it for second reading and mandating its committee on Finance to work on it.
Lawan’s ruling annoyed Senator Apiafi and some senators, thereby leading to a charged atmosphere in the chamber.
At this point, Senator George Sekibo (PDP, Rivers East) raised a point of order, calling on Lawan to step down consideration of the report until lawmakers get more details on what the funds were used for.
In a strong move to stop approval of the report without scrutiny, Senator Sekibo rose through constitutional orders by citing Sections 80, 83, Section113(1) of the 1999 Constitution and Section 38 of the CBN Act to kick against the request.
Sekibo said: “We came into this chamber today and were given the report on N23.7trillion, which has been spent in the past 10 years. Whether it is 10 years or five years, whatever it is, the issue is that such payment, when the loans are taken, the Senate should be informed, we should be abreast with the information that such money is going to be taken because it is being taken on behalf of the people of Nigeria and we are entrusted with the power to make laws.
“According to the constitution, we can appropriate. They brought this up without details for us to approve.
“Section 80 of the 1999 constitution as amended provides that all revenues or other monies raised or received by the federation, not being revenue and other monies payable under this constitution or any Act of the National Assembly into any other public fund of the federation established for a particular purpose, shall be paid into and form one consolidated revenue fund of the Federation.
“No money shall be withdrawn from the consolidated revenue fund of the Federation except to meet expenditure that is charged upon the fund or where the issue of those monies has been authorised by an appropriation act, supplementary act or an act passed in pursuance of Section 81 of the constitution”.
“No money shall be withdrawn from any account other than the consolidated revenue fund of the Federation unless the issue of those monies has been authorised by the Act of the National Assembly.
“Section 80 (4) no money shall be withdrawn from the consolidated revenue fund or any other fund of the Federation except by the approval of the National Assembly, except in the manner prescribed by the National Assembly
“Section 83 the National Assembly may make provision for the establishment of Federation fund for.the Federation and for authorising the President if satisfying that there had arisen an urgent unforeseen expenditure to make advances to meet the needs.
“Section 38 of the CBN Act states ‘any money collected by the federal government as loan or emergency fund in form of Ways and Means Advances must be refunded before collection of another one.’
“Mr President, the relevant laws quoted clearly show that the N22.7triillion Ways and Means Advances already spent by Federal Government without informing the National Assembly was wrong and it will be unfair as representatives of Nigerians to approve this request.”
The Senate, thereafter, went into a closed-door session for one and half hours and the request was stepped down at the end of the day for lack of details.
The state chairman of the party, Dr Babandi Gumel, disclosed this in a statement signed and made available to journalists on Saturday.
According to the statement, the Jigawa PDP received news of Alhaji Lamido’s suspension with “profound shock and disappointment”.
The statement added that the suspension, which was reportedly based on allegations that Alhaji Lamido attended meetings capable of undermining party unity, amounts to an affront to justice, internal democracy and the reconciliation efforts recently championed by the PDP leadership.
The party stressed that the exercise of legal and constitutional rights within the party should not be interpreted as an act of disunity. It recalled that Alhaji Lamido approached the court after he was allegedly denied the opportunity to purchase a nomination form to contest the position of National Chairman of the PDP.
The statement further noted that the Federal High Court in Abuja, presided over by Justice Peter Lifu, ruled in Alhaji Lamido’s favour by restraining the PDP from proceeding with its national convention until his right to contest was determined.
The Jigawa PDP argued that the suspension appeared to be a punitive action against Alhaji Lamido for seeking judicial redress over an issue on which the court had already found merit.
The party also faulted the decision of the BoT for contradicting recent public statements by its chairman, Senator Adolphus Wabara, who had emphasised reconciliation within the party, admitted past mistakes and appealed to aggrieved members to return fully to the PDP fold.
However, it maintained that suspending a founding member who sought justice through legal means runs contrary to the spirit of reconciliation and healing publicly advocated by the party leadership.
The chairman said the suspension was premature and prejudicial, as the matter remains before the courts. He also described Alhaji Lamido as one of the few founding fathers of the PDP who has remained loyal to the party without defecting, warning that punishing such loyalty sends a negative signal to other committed members.
The party further argued that the action undermines party unity at a time when the PDP requires cohesion to effectively challenge the ruling All Progressives Congress (APC). It also insisted that there is no provision in the PDP constitution that allows for the suspension of a “life member”.
The party called on the BoT to immediately and unconditionally withdraw the suspension of Alhaji Lamido.
It also demanded that the BoT publicly affirm the right of all party members to aspire to leadership positions in line with the party’s constitution and the laws of the country, without fear of victimisation.
It further urged the BoT to retrace its steps, align its actions with its reconciliation agenda, and tender an apology to Alhaji Lamido.
The Jigawa PDP reaffirmed its commitment to a united, democratic and law-abiding Party.
In a statement signed by its Executive Director, Comrade Auwal Musa Rafsanjani, CISLAC warned that if proven, such actions would amount to a serious breach of constitutional order, legislative integrity, and public trust.
The organisation noted that Nigeria’s law-making process is clearly defined by the Constitution, stressing that any alteration of a bill after parliamentary passage undermines democratic governance and the principle of separation of powers.
CISLAC further emphasised that taxation has direct implications for citizens, businesses, sub-national governments, and the overall economy. It stated that uncertainty or a lack of transparency in tax legislation could erode investor confidence and raise concerns about accountability and the possible abuse of executive power.
The organisation described the situation as particularly troubling given the rare inclusive, and thorough public consultation that shaped the law’s final provisions prior to its passage.
“This process brought together taxpayers, civil society groups, professional organisations, the private sector, labour unions, local governments, and technical experts, ensuring that diverse viewpoints were considered and carefully balanced.
“Any unilateral changes to these agreed-upon provisions, made outside the established legislative process and without renewed public engagement, not only breach public trust but also violate the fundamental tax principle of representation, which holds that citizens must have a meaningful voice in shaping the laws that govern how they are taxed. Such actions undermine democratic accountability, weaken the legitimacy of the tax system, and risk eroding public confidence”, it noted.
CISLAC expressed particular concern that uncertainty surrounding the authenticity of the tax law, coming at a time when a new tax regime is expected to take effect, could exacerbate the economic hardship already faced by many Nigerians.
It observed that citizens are contending with rising living costs, inflationary pressures, declining purchasing power, and reduced access to basic services, warning that implementing a disputed tax framework under such conditions, risks deepening inequality, discouraging compliance, and fuelling public resentment.
The organisation stressed that tax reforms must be anchored in clarity, legality, fairness, and social sensitivity, cautioning that any tax system introduced without full transparency, adequate public communication, and legislative certainty undermines voluntary compliance and weakens the social contract between the state and its citizens.
As part of its recommendations, CISLAC called on the Presidency to urgently publish the exact version of the tax law assented to, alongside the authenticated copy passed by the National Assembly, to allow for public and institutional verification.
It also urged the leadership of the National Assembly to promptly exercise its oversight powers to determine whether the assented law reflects the will of the legislature, including a review of the enrolled bill process.
The organisation maintained that any discrepancy discovered should be treated as unconstitutional and addressed through lawful means, such as the re-transmission of the correct bill or judicial interpretation where necessary. It further called for an independent review of the process by relevant institutions, including the Office of the Attorney-General of the Federation and, where required, the judiciary, to establish the facts and assign responsibility.
CISLAC noted that the controversy highlights the urgent need to strengthen safeguards at the legislative and executive interface. It recommended measures such as digital tracking of bills, public access to enrolled legislation, and more transparent assent procedures.
CISLAC emphasised that the issue is not about partisan politics but about safeguarding the integrity of Nigeria’s democratic institutions. It warned that allowing any arm of government to unilaterally alter laws passed by another sets a dangerous precedent and weakens constitutional democracy.
The organisation urged all parties involved to act with restraint, openness, and fidelity to the Constitution, noting that Nigerians deserve laws that reflect due process, the public interest, and the collective decisions of their elected representatives.
CISLAC added that it will continue to monitor developments and engage relevant stakeholders to promote accountability, transparency, and the rule of law in Nigeria’s governance processes.
