Senators-elect who fail to take their oath of office within 14 legislative days from the inauguration of a new Senate risk losing their seats under the amended Senate Standing Orders.
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This was even as the Senate retained the controversial provision restricting eligibility for presiding officers to only ranking senators who would have completed at least two terms.
These provisions, as stated in the amended Senate Standing Rules, are expected to significantly shape the battle for the senate presidency in 2027 by shutting out incoming senators and restricting the contest largely to returning, ranking lawmakers in the current Senate.
Under the amendment, any senator-elect unable to take the Oath of Allegiance and Oath of Membership on the first sitting of the Senate may still be sworn in at a subsequent sitting by the Senate President, “provided that such swearing-in shall take place within 14 legislative days from the first sitting.”
However, failure to be sworn in afterwards could lead to the loss of the seat as the Senate may declare the seat vacant and notify the Independent National Electoral Commission (INEC) to conduct a fresh election in the affected senatorial district.
The Rule, 2(e) reads thus: Oath of office/swearing in of absent senators-elect.
Any Senator-elect who is unable to take the Oath of Allegiance and Oath of Membership on the first sitting of the Senate shall be entitled to be sworn in by the President of the Senate at any subsequent sitting of the Senate, provided that such swearing-in shall take place within 14 legislative days from the first sitting; and where a senator-elect fails, neglects or is unable to take the oath within the period specified in paragraph (f), the Senate may, subject to the provisions of the Constitution of the Federal Republic of Nigeria, take appropriate steps to declare the seat vacant and notify the Independent National Electoral Commission to conduct a fresh election in the affected senatorial district.”
This amendment is seen as an attempt to prevent prolonged vacancies in the Senate arising from litigation, political disputes or delayed appearances by elected lawmakers after inauguration.
Similarly, according to the amended Senate Rules adopted by the chamber, being ranking senators who have served previously in the Senate or the House of Representatives is no longer enough to qualify an interested person in becoming the Senate President or Deputy Senate President.
He or she must also be a member of the 10th and 11th Senate. Consequently, according to the amended eligibility rule, only senators who are currently in the 10th Senate, if reelected in 2027 to serve in the 11th Senate, are eligible to run for presiding positions.
By implication, reelected senators in the 10th Assembly who get re-elected in 2027 have been pre-qualified to run for Senate president and deputy Senate president, alongside other considerations such as zoning.
The new Rule 3 reads thus: ‘Presiding officers and other officers/qualification of presiding officers.’
A Senator-elect may, before taking the Oaths prescribed in the Seventh Schedule to the Constitution of the Federal Republic of Nigeria, take part in the election of the President and Deputy President of the Senate.
Nomination of Senators to serve as Presiding Officers shall be in accordance with the ranking of Senators and shall be strictly adhered to. In determining ranking, the following Order shall apply- Senators returning based on number of times re-elected; Senators who had been members of the House of Representatives and Senators elected as Senators for the first time.
The appointment of Senators as chairmen and members of committees shall be carried out in such a manner as to reflect the six geopolitical zones of the country and there shall be no predominance of Senators from a few geopolitical zones.
On the eligibility of Senators to contest election as presiding officer, the rule said: “A Senator shall not be eligible to contest as a presiding officer in an election unless he has been elected and served as a Senator for at least two full terms of eight years, one term of which shall immediately precede such election.
“A Senator shall not be eligible to be appointed as a Principal Officer of the Senate unless he has served as a Senator for at least a term of four years, which shall immediately precede such an appointment.”
The Senate, however, reversed only the aspect of the amended rules requiring senators-elect to be sworn in before participating in the election of presiding officers, following concerns over possible constitutional inconsistencies.
The rescinded aspect of the amendment now states: “A Senator-elect may, before taking the Oaths prescribed in the Seventh Schedule to the Constitution of the Federal Republic of Nigeria, take part in the election of the President and Deputy President of the Senate.”
Following widespread confusion over the amendment, the chairman of the Senate Committee on Judiciary, Legal Matters and Human Rights, Adeniyi Adegbomire, explained that the Senate merely reverted to its long-standing parliamentary tradition where senators-elect vote for presiding officers before taking their oaths.
“In the past, you didn’t have to be sworn in before you vote for the Senate President and Deputy Senate President, and now, they said you should be sworn in first, before election. Members were of the opinion that the constitution says ‘you may,’ so that there won’t be any controversy thereafter, we decided to revert to the old Order.”
Similarly, Senate Leader Opeyemi Bamidele also clarified that oath-taking before voting may give rise to constitutional inconsistencies and unintended tensions with provisions of the 1999 Constitution, particularly Section 52.
The amendment had initially marked a departure from long standing parliamentary practice where senators-elect first elect presiding officers under the supervision of the Clerk of the National Assembly before taking their oath of office.
Other amendments approved by the Senate include changes to sitting hours, committee representation across geopolitical zones, suspension procedures and the creation of new committees on Livestock Development, Reparations and Repatriations, as well as regional development commissions.
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