Senate reverses position on alleged unconstitutionality of new standing order

The Senate has reversed part of its controversial amendment to the Senate Standing Orders 2026, rescinding provisions that barred senators-elect from participating in proceedings before taking their oath of office.

The upper chamber, however, retained the newly amended Order 5(a), which restricts eligibility for the offices of Senate President and other principal officers in the 11th Assembly to senators re-elected from the current 10th Assembly.

The reversal came barely two days after the Senate amended its rules, following concerns over possible constitutional inconsistencies.

Under the now-rescinded Order 3(1), senators-elect were prohibited from taking part in any Senate proceedings, including voting during the election of the Senate President and Deputy Senate President, until they had taken the oath prescribed by the Constitution.

The also-rescinded amendment to Order 2(2) had outlined procedures for the Clerk to the National Assembly, including roll calls, confirmation of election writs, declaration of assets and liabilities by senators-elect, and confirmation of quorum before proceedings could commence.

Moving the motion for rescission during plenary on Thursday, Senate Leader Opeyemi Bamidele said further legislative and constitutional review revealed that parts of the amendment could conflict with provisions of the 1999 Constitution, particularly Section 52.

According to him, the Senate must ensure that its rules remain consistent with constitutional provisions, parliamentary conventions and established legislative practices.

Bamidele added that the Senate possesses the parliamentary authority to revisit and recommit issues previously decided in order to preserve the integrity of its proceedings.

The motion was seconded by Senator Enyinnaya Abaribe.

Deputy Senate President Barau Jibrin, who presided over plenary, described the motion as straightforward, saying the reversal was necessary to ensure that Senate actions conform with constitutional requirements.

The Senate subsequently approved the rescission through a voice vote.

However, shortly after the decision, Senator Adams Oshiomhole raised a point of order, warning against suppressing dissenting opinions during legislative proceedings.

Oshiomhole argued that lawmakers should be allowed to openly debate such sensitive matters in future.

But Senate Leader Opeyemi Bamidele pushed back, cautioning senators against turning parliamentary proceedings into what he described as unnecessary drama, while insisting that legislative business must follow proper parliamentary procedures and Senate rules.

Despite the partial reversal, the Senate’s controversial amendment requiring senators seeking principal offices in the 11th Assembly to have served in the current 10th Senate remains intact.