From Collins Edomaruse and Kola Ologbondiyan in Abuja, 05.16.2006

The senators, Chief Arthur Nzeribe, Chief Ifeanyi Ararume and Prof. Osabamen Osunbor, are expected to move that the Senate should amend its rules to provide for the adoption of secret voting, and the barring of media coverage of the last and most crucial stage stage of the amenddment process.
And they have notified the Senate President of their intention to move the motion which according to THISDAY checks, is also seeking the adoption of a simple majority for the passage of the bill instead of the two-thirds of the entire membership of the Senate as stipulated in Section 9 (2) of the constitution.
Incidentally, senators opposed to the proposed amendment to Section 137 of the 1999 Constitution seeking the tenure elongation had yesterday accused the Presidency of plotting to impose secret voting as the mode of determining the bill.
Although the bill has about 116 clauses proposed for amendment, the executive tenure extension clause has drawn so much bad blood and presidential interest that there are palpable fears that the Presidency may employ extra constitutional means to push the elongation plan through.
In line with these fears, anti-third term senators in Abuja yesterday outlined ways the President and his allies planned to change the rules of the Senate to achieve their desire for secret balloting, which they (pro-third term senators) believed would see their project through.
Led by Senator Uche Chukwumerije, the anti-third term senators, under the aegis of 2007 Movement said the Presidency has mandated its supporters in the Senate chamber to ensure that the bill is passed by simple majority against the two-thirds of members required in Section 9 (2) of the constitution.
But THISDAY痴 investigation shows that the Standing Rules of the Senate 2003 is explicit on the mode of amending the rules of the upper chamber.
Rule 110 of the Standing Rules provides for the support of two-thirds majority of the Senate to enable it change its rules.
But the anti-3rd term senators, who addressed the newsmen at the Senate Press Centre, alleged that 鍍he plotters of Third Term have devised a new plan to reverse their defeat of this amendment in the second reading by rigging a favourable response in the third reading.
典he plan seeks to change the procedure used in the second reading in order to manipulate the final verdict in favour of third term,・they further alleged.
The senators noted that 妬n their last meeting, the Presidency痴 hatchet men and their collaborating senators agreed as follows:-
鄭fter the second reading, the Senate must use its power to adopt an entirely new procedure for the third reading, - a procedure different from the transparency in the second reading. This must be done Wednesday (tomorrow), before the third reading begins.
典he new procedure will incorporate three measures, which are: - bypass of Section 9 of the Constitution; secret balloting; and, ban on press coverage.
Commenting on the bypass of Section 9 of the Constitution, Chukwumerije, who spoke on behalf of Senators Tokunbo Afikuyomi; Sule Yari Gandi; and Badamaci Maccido, said the Presidency and its allies are of the opinion that since Senate regulates its business, the Senate should in a pre-third reading session on Wednesday decide on procedure for the section-by-section deliberations by the Committee of the Whole House.
He said: 典his must be done urgently in order to use the advantage of the slim majority scored by pro-third term senators in Senate reading to make a new procedure that will vitiate the provision of mandatory two-thirds majority in Section 9 of the Constitution.
典heir argument will be that since Section 9 of the Constitution states 殿lteration,・and since the bill is entitled 鄭mendment・and not 鄭lteration・ the bill does not, therefore, come under the purview of Section 9 of the Constitution.
典he constitution amendment bill is not alteration because amendment does not mean alteration!!! Therefore, the constitution amendment bill should be treated as a normal bill, subject only to the requirements of a simple majority!!! The Senate should, therefore, be persuaded with Section 60 of the Constitution to use a simple majority, in place of the stipulation of two-thirds majority in Section 9 to pass the constitution amendment bill. This is 419 madness!・
On the secret ballot plot, Chukwumerije alleged that the Presidency and its friends plan to argue that 妬n exercise of its power to adopt its own rules of procedure, the Senate must use secret ballot for the clause-by-clause voting by senators on the constitutional amendment bill, because, they reason, the Standing Rules of the Senate is silent on this mode of voting.・BR>He also alleged that 妬n exercise of its power to regulate its procedures, the Senate on Wednesday will decide that live coverage should be discontinued. The press should also be banned from the coverage of the proceedings.
典hey plot that these measures will be sought in the Senate on Wednesday via two separate motions ・the first on new rules of procedures to be moved by a South-east senator and the second motion on need for media blackout to be moved by a South-south senator.
典he bizarre semantics over 殿lteration・and 殿mendment・is yet to be assigned to either of the two hatchet men, because the meeting was frightened by the anticipated strength of opposition to this legislative coup d弾tat by senators.
的n summary, in the calculation of the third term plotters, a new procedure containing these three counter-democratic illegalities must be forced through the Senate on Wednesday. These new rules have one purpose: pervert rules of the Senate, subvert the Constitution, and rig the voting in the Senate.・
He urged his colleagues to 鍍hrow away these two motions if the plotters have the guts to press on with them on Wednesday or Tuesday,・adding that was the least which the path of duty and honour requires of the Senate.
According to Chukwumerije: 典he Senate痴 mature and statesmen-like position on third term during this second reading has regained for the distinguished body its public respect which the Presidency has destroyed in the last three years.
的f we surrender to this new pressure, we shall again surrender the institutional independence of the Senate and forfeit our public respect. More dangerous still, the credibility of constitutional democracy among our people will be destroyed.
典he motions are blatant attempts to trivialise, ridicule, pervert and violate the Rules of the Senate and the Constitution. The mere fact that any one can contemplate such criminal absurdities once again illustrates a characteristic feature of the third term plotters ・namely, cynical contempt for the rule of law, and readiness to interpret their every wish and obsession as the law.・
Charging senators to remember that their oath of office demands that they reject this subversion, he noted that 鍍he defeat of the third term during the second reading is already public knowledge. It happened in the full glare of the public. Abortion of this patriotic defeat through illegal change of procedure will be a final confirmation that has inflicted a fatal wound on our democracy. The Senate must save our democracy and rule of law.・
But the pro-third term senators might hit a brick wall as Rule 110 of the Standing Rules of the Senate 2003, which guides the procedures of the Senate, provides that introduction of new amendments to the rule book requires two-thirds of members supporting such new provisions.
Rule 110 reads:
(1) Any senator desiring to amend any part of the Rules or adding any new clause shall give notice of such amendments in writing to the President of the Senate giving details of the proposed amendments.
(2) The President of the Senate shall within seven working days of the receipts of the notice, cause the amendments to be printed and circulated to members. Thereafter, it shall be printed in the Order Paper of the Senate.
(3) The mover or movers of the amendments shall be allowed to explain in detail the proposed amendments; thereafter the Senate shall decide by simple majority votes whether the amendments should be considered or rejected.
(4) If the decision is to consider the amendments, then another date shall be set aside by the Rules and Business Committee whereby opportunity would be given to senators to further propose amendments but must strictly be confined to the original amendments.
(5) Two-thirds majority shall decide the amendments and such amendments shall form part of the Rule of the Senate.
When THISDAY contacted the Senate Committee on Media and Publicity Chairman, Senator Victor Ndoma-Egba (PDP, Cross River), he explained that 鉄enate痴 position is informed by senators argument during the plenary session. We will debate the motion and the Senate痴 position will be the outcome of the debate. Any other thing will amount to speculations.
典he only provision that can lead to any change, be it alteration or amendment, that can be deployed is Section 9 of the Constitution.
的n so far as I知 concerned, the issue of alteration or amendment is subject of dialectical argument. Does it lead to change? If it does, the only vehicle is Section 9,・he submitted
Also speaking against the same background of fears that the moribund third term agenda might be realised through unconstitutional means, Chairman of Movement for Unity and Progress, MUP, Colonel Abubakar Umar (rtd), yesterday alleged that there were plans by the President to drive through his tenure elongation plan by forcing the lawmakers to endorse the Constitution of the Federal Republic of Nigeria 1999 {Amendment) Bill, 2006.
He, therefore, urged the lawmakers not to surrender or retreat as 妬t is the last battle that counts.・
Umar, in a press statement, said his group was disturbed by the development, but urged the lawmakers to remain steadfast in the struggle.
The statement read in part: 典he Movement for Unity and Progress, MUP, as indeed all Nigerians, have been following with deep interest, the historic debate underway in the Senate and the House of Representatives on the general principles of the bill to amend the Constitution of the Federal Republic of Nigeria.
典hus far, three inter-related but disturbing facts have become clear from the trend of the debates: One, the sponsors and supporters of the bill and have been labouring on behalf of and on the directive of President Olusegun Obasanjo.
典wo, the President is both desperate and determined to hang on to power and plans to force the National Assembly to rubberstamp the amendment.
典hree, the debate is holding in a climate of intimidation, coercion, blackmail and corruption unprecedented in scale and impunity. Even worse, it is becoming increasingly clear that the President is both ready and prepared to transform the process, if need be, into a major confrontation with the National Assembly, thus threatening grave consequences for the peace and security of Nigeria and its people.・BR>He assured the lawmakers that: 的n the face of these threats and threats of violence, the people of Nigeria have nothing but admiration and praise for the courage and determination of members of our parliament for standing firm against amending our constitution in ways that will subordinate or align it specifically to the inordinate ambitions of one man.・
He reminded the legislators that: 哲igerians are inspired and feel greatly reassured by the heroic resistance being mounted by the majority of the members of the Senate and the House of Representatives against this dangerous onslaught.・