Mr. Yerima contested and won the reversal despite a senate policy barring repeat votes on clauses, arguing that an earlier decision was un-Islamic and biased.
The contentious provision, Section 29, allows citizens who are of age to renounce Nigerian citizenship if they wish. For that purpose, the constitution says, 18-year-olds and above shall be considered to be “of age”.
In addition, a woman or girl who is married, shall also be considered to be of age-a section that could be interpreted to imply that even a day old child, once married, shall be considered to be of age.
The senate’s amendment committee had proposed that definition be deleted. At first voting Tuesday, Senators overwhelmingly backed the recommendation that it be removed, leaving the prospect of final passage if accepted by the House of Representatives and Houses of Assembly.
But late into vote of dozens of clauses, while other Senators intermittently contested matters such as health, single election term and the separation of the offices of the Minister of Justice from the Attorney General, Mr. Yerima questioned why the section dealing with age of a married woman was deleted, describing the move as un-Islamic.
He demanded a revisit, a call that was turned down by Senate president, David Mark. Mr. Mark ruled that as a member of the constitution review committee, Mr. Yerima had every opportunity to have sought for a review and was against the chamber’s rule in seeking an amendment while the votes were on.
Mr. Yerima, backed by Danjuma Goje, former Gombe State Governor and current Senator, insisted that under Islamic tenet, a woman is of age once married and countering that order as already stated in the constitution would be discriminatory and in violation of another section of the constitution directing the National Assembly to steer away from Islamic marriage.
“The constitution says the National Assembly shall legislate on marriage except those under Islamic rites,” said Yerima, who is also a former governor of Zamfara State,whose marriage to the teenager, triggered months of controversy. “Islam says once a woman is married, she is of age.”
Mr. Mark however conceded to a second vote after other proposed amendments had been concluded, saying he had to act due to the “sensitivity” of the matter as it concerns religion.
Still, Mr. Yerima’s demand was again thrashed 60 to 35 at a repeat vote but the section could not be deleted as constitution amendments require two thirds of the entire members-73 for the Senate- for a proposal to pass.