Senate Reverses New Rule On Swearing-in Of Senators-elect

The Senate has rescinded a controversial clause in its amended Standing Orders requiring senators-elect in the next Assembly to take their oath of office before participating in the election of presiding officers.

This comes as the chairman of the Senate Committee on Judiciary, Human Rights and Legal Matters, Senator Adeniyi Adegbomire (SAN), representing Ondo Central, dismissed reports suggesting that adjustments to the Senate Rules were reversed on the directive of the Presidency, describing such claims as “untrue and a deliberate attempt to mislead the public.”

In an exclusive interview after plenary, Adegbomire clarified that the amendments recently considered by the Senate were strictly procedural and did not in any way affect eligibility criteria for lawmakers or candidates.

Earlier, the motion for rescission and recommittal was sponsored by the Senate leader, Opeyemi Bamidele (Ekiti Central).

The Senate said the provision introduced under Orders 2(2) and 3(1) of the amended Standing Orders could create “constitutional inconsistencies and unintended tensions” with Section 52 of the 1999 Constitution.

The upper legislative chamber said the decision became necessary to ensure that its Standing Orders remain consistent with constitutional provisions, parliamentary conventions, and legislative practice.

The rescinded provision was part of the amendments introduced to regulate the first sitting of a new Senate and the participation of senators-elect in proceedings.

Under the amended Order 2(2), the Clerk to the National Assembly was required to administer the Oath of Allegiance and Oath of Membership to senators-elect after roll call and confirmation of writs of election.

Order 3(1) further provided that a senator-elect “shall not participate in any proceedings of the Senate, including voting for the election of the President and Deputy President of the Senate, unless and until he has taken the oaths.”

The amendments effectively made oath-taking a mandatory condition before senators-elect could participate in the election of presiding officers.

With the reversal, the Senate has returned to the previous parliamentary procedure, under which senators-elect can elect presiding officers before taking their oath of office.

However, Adegbomire, who shed more light on the issue, said: “One of the Orders that was considered was about whether you should take your oath of allegiance and membership before elections. The proposal that was passed among others on Tuesday was that you be sworn in before you can vote. It was just a procedural change.”

He explained that the previous arrangement allowed senators-elect to participate in the election of presiding officers before being formally sworn in, but lawmakers reviewed the process to ensure clarity and order.

“In the past, you didn’t have to be sworn in before you voted for the Senate President and Deputy Senate President, and now they said you should be sworn in first before the election,” he said.

“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.”

Adegbomire further stressed that eligibility was never part of the amendment under review, noting that the Senate only revisited voting procedures and oath-taking processes.

“The issue of eligibility remains and it is different from what we rescinded,” he clarified. “We rescinded the order on oath-taking and eligibility to contest elections. This is for clarity.”

The clarification follows media reports alleging that the Senate had reversed its earlier decision following external influence, claims the upper chamber has now firmly denied.

The reversion to the old procedure was contained in the Senate Order Paper of Thursday, titled “Rescission and Re-Committal of Order 2(2) and Order 3(1),” which argued that the earlier procedural adjustment could create constitutional inconsistencies and unintended tensions with the provisions of the 1999 Constitution of the Federal Republic of Nigeria (as amended), particularly Section 52.

The Senate further noted that its Standing Orders must remain consistent with constitutional provisions, established parliamentary conventions, and legislative practice to avoid procedural ambiguity and legal conflict.