National Assembly: Use court, not force over Saraki, Dogara, SANs advise

Date: 2018-10-08

SOME Senior Advocates of Nigeria have called for a judicial intervention to determine the fate of the President of the Senate, Dr Bukola Saraki, and the Speaker of the House of Representatives, Mr Yakubu Dogara, on whether they should continue to be presiding officers of the National Assembly as members of the minority Peoples Democratic Party.

The senior lawyers also said demanding their resignation or plotting their impeachment from outside the National Assembly would not lead to a solution.

They further stated that under the current presidential system of government practised by Nigeria and in keeping with the provisions of the 1999 Constitution, only senators and House members were legally empowered to remove their presiding officers.

The SANs, who spoke exclusively with The PUNCH ahead of Tuesday's (tomorrow) resumption of the National Assembly, argued that "outsiders" calling for the resignation or impeachment of a presiding officer were merely expressing personal opinions since, by law, they had no voting power in the National Assembly.

One of the lawyers, Paul Ananaba, (SAN), said, "The issue of resignation is left to an individual to decide whether he wants to resign or not. Impeachment has a procedure in the constitution. So, nobody should put pressure on them since they are not infants. Saraki and Dogara are knowledgeable enough to know what impeachment or resignation means.

"If anyone feels that they should resign and they have not resigned, the person should head to court, not to put them under pressure. There is no provision of law requiring them to resign or leave their seats because they left one party for another.

"In any case, there are crises in the political parties, which in themselves are sufficient grounds for defection.

"What I will say is that it lies with the members of the National Assembly to decide on their own to take any actions against their presiding officers, not outsiders.

"The Chairman of the APC (Adams Oshiomhole) is not a member of the National Assembly. All he says is his mere opinion, which is not binding on members of the National Assembly."

Another SAN, Ahmed Raji, explained that the courts must first resolve whether there were divisions in the political parties, as grounds for defection.

He added that when this was settled, the courts would again decide whether a change of party must mean that the presiding officers should vacate their positions.

Raji argued that in a presidential system, resignation or impeachment was not necessary because the survival of the government did not depend on the number of members it controlled in the legislature as was the case in a parliamentary system.

He said that the government would continue to run services whether the PDP or the All Progressives Congress controlled the legislature.

Raji stated, "If there is a division (in the political parties) and depending on the decision of the court, then there is no basis for calling for resignation or impeachment. But, if there is no division, call for resignation or removal may be justified.

"However, this is a presidential system of government, where there is really no carpet to cross as we have in a parliamentary system. In a parliamentary system, losing of the majority in parliament may bring the government to an end, but not so in the presidential system that we practise here.

"In any case, why is it that members of the Executive, like the governors, can cross to other parties as they wish but the lawmakers can't cross? Does that make sense?

"Whether the entire members of the National Assembly move from APC today to another party, it will not affect (President Muhammadu) Buhari; he will remain the President. The Executive and the Legislature should both be allowed to defect since majority or minority membership does not really affect the tenure of the government in a presidential democracy."

Source

 

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Kwara Consultative Forum     Kola Shittu     Yahaya Jibril Usman     Folorunsho Erubu     Share-Tsaragi     Abdulahi Abubakar Bata     Twitter     Salihu Alhaji Musa     Salihu Ajia     Ibraheem Adeola Katibi     April 11     Durbar     Sherif Shagaya     Centre For Community Empowerment And Poverty Eradication     Olayinka Are     Bilikis Oladimeji     Tafida Of Kaiama     Oloje     NIPOGA     Tosho Yaqub     Ilorin West     Talaka Parapo     Undergraduate Bursary     Offa Grammer School     Bilikisu Oniyangi     Kwara Liberation Group     Crystal Corner Shops     Abdulrazaq Akorede     Eleyele     Muftau Akanbi Oke     Towoju     Madawaki     Isiaka Abdulrazak     GRA     Dan Iya Of Ilorin     Joana Nnazua Kolo     Obuh     Ishak Mohammed Sabi     Olatunde Olukoya     Demola Banu     Jamila Bio Ibrahim     Moses Rahman Popoola     David Oyedepo     Femi Oladiji     Amasa     Razak Atunwa     Sheikh Ridhwanullah El-ilory     Plat Technologies     Omoniyi     Tanke Flyover Bridge     Adanla-Irese     Ganmo     Aro Yahaya     Albert Ogunsola     KWATMA     Elese Of Igbaja     Minimum Wage     Grillo     Joseph Offorjama     Ayobami Akanbi     Omu Aran     Yetunde Balogun     Patigi Regatta     Adebara     Olaosebikan     Damilola Yusuf Adelodun     Kamaldeen Gambari     Wole Oke     Shettima     Special Adviser On Digital Innovation     Abubakar Ndakene     Abdulmumini AbdulRazaq     Oniyangi Kunle Sulaiman     Rashidi Yekini     Simeon Sule Ajibola     Centre For Peace And Strategic Studies     Sidikat Alaya    

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Abdulkadir Remi Hawawu     Taofeeq Olateju     Raliat Elelu-Habeeb     Fatai Olodo     General Hospital     Odogun Olushola Gabriel     Lateef Alagbonsi     Bello Abubakar     Oniyangi Kunle Sulaiman     Ademola Kiyesola     Jamiu Oyawoye     Ijagbo     Jimoh Lambe Abdulkareem     Egbewole     Onilupeju Of Ilupeju     Habeeb Abdullahi Al-Ilory     HAMFAT Clinic And Maternity     Yahaya Seriki Gambari     Olatunji Moronfoye     Danhawa     Olabode George Towoju     Jare Olatundun     Funmilayo Zubair     Yusuf Olaolu Ali     AbdulRasaq Abdulmajeed Alaro     Ayo Opadokun     Senate Presidency     Hausa     Tayo Alao     Islamiya Abdulraheem     Anilelerin     Kayode Ogunlowo     Moshood Kashimawo Abiola     Abdulquowiyu Olododo     Arandun     Ahmed Idris Mohammed     Rafiu Ajakaye     Just Law Forum     Fatima Abolore Jimoh     Gbenga Adebayo     Doyin Agbamu     Lateef Ademola Olatunji     Ibrahim Labaika     AGM Professional Services     Solomon Edoja     Soffiyyallah Kamaldeen     Code Of Conduct Tribunal     Ahmed Mohammed Rifun     Aliyu Kora Sabi     Park     Emir Of Ilorin     Dan Iya     Mahmud Babatunde Baker     Ayoade Akinnibosun     Zaratu Umar     Alimi     Ramat Oganija     Saliu Ajibola Ajia     Ilorin     Jimba Babatunde     Senior Ibrahim Suleiman     Issa Memunat Moyosore     Segun Olawoyin     Olatunji Abdulmumeen     Dauda Adeniran Adeshola     Ajase-Ipo     Aliyu Kora-Sabi     Kolo     Yusuf A. Usman     SWAN     Akeem Lawal     Ghali Alaaya     Mohammed Alabi Lawal     Kola Olota     Wahab Olasupo Egbewole     Samari     Kwara State Coalition Of Business And Professional Associations