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.

Towobola Abdulrahman Toyin     Tunde Mukaila Mustapha     Lawyers Unite Against Corruption     Olam Food Ingredients     Tunji Folami     Abdulwasiu Bolaji Adeyi     Saeedat Aliyu     Kwara State Football Association     Christopher Ayeni     Sabi     Turaki Of Ilorin     Opolo Global Innovation Limited     Durbar Festival     Ayodele Olaosebikan     FERMA     Ajuloopin     Ganmo Power Sub-Station     Onilu     Code Of Conduct Tribunal     George Funsho Adebayo     Local Government     Abdulkareem Alabi     Kannike     Adesoye College     Laboratory-to-Product     Adekunle David Dunmade     Dapo Teni Nig Enterprise     Ramadhan     Mukhtar Shagaya     Lateef Alagbonsi     Oba Mogaji Abdulkadir     Senate Presidency     Tafida Of Ilorin     Okoolowo     GANZY     New Model Police Station     Ahmed Saidu Rufai     Zara Umar     Barakat Community Secondary School     Dasuki Belgore     CCB     Muritala Awodun     Raji AbdulRasaq     Oro Grammar School Old Students Association     Ben Duntoye     Medview Airlines     Adaramaja     Idi-Ape     IHS Towers     Binta Sulyman     Abubakar Bature Sulu-Gambari     Ilota     Musa Aibinu     Roseline Oni Aremu     Gbemisola Saraki     Moses Afolayan     Azeez Salawu     Gbemi Saraki     TETFUND     Durosinlohun Atiku     State Bureau Of Internal Revenue     Nurudeen Mohammed     Kwarareports.com     Sabi     Wahab Abayawo     Yekini Adio     International Aviation College     Frootify     Oyawoye     Yusuf Arowosaye     Shururat Olatinwo     Olota Of Odo-Owa     Joseph Alex Offorjama     Local Government Pension Board     Abdullah Janet Amudat     Abdulrazak Shehu Akorede     Yeketi    

Cloud Tag: What's trending

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

Raliat Islamic Foundation     Academic Staff Union Of Universities     Akeem Olatunji     Sobi FM     Share-Tsaragi     Muhammad-Mustapha Suleiman     KWSUED     Obasanjo     March 18     CCB     Al-Adaby     Binta Abubakar Mora     Ibraheem Abdullateef     Ibrahim Bio     Bello Oyedepo     Harafat E. Mukadam     Aso Ofi     Khadijat Ayoola Yusuf     Funke Adedoyin     Bahago     Asa     Sunset Workers     General Tunde Idiagbon International Airport     Okanlawon Taiwo     George Funsho Adebayo     Susan Modupe Oluwole     Sherif Shagaya     Abiodun Jacob Ajiboye     Ilorin.Info     Sa\'adu Salau     Sulaiman Gado     AbdulQowiy Olododo     Wakilin Mata Lafiagi     Oba David Oyerinola Adedunmoye     Ayobami Akanbi     Olugbense     SGBN     Abdulhakeem Adelaja Amao     Muslimah Entrepreneurship Forum     Sulu Gambari     Tafidan Kaiama     Ambassador Kayode Laro     Oba Abdulraheem     Yusuf Lawal     Olateju Lukman     Kunbi Titiloye     Kwara State Pension Board     Isaac Aderemi Kolawole     COVID-19 Palliatives     Moses Salami     Pategi     Abdulkadir Akanbi-Oke     Harmony Holdings     AbdulRazaq Abubakar Jiddah     Ndakene     Majlis For Sadaqah, Zakat And Waqf     Galadima     Dar-Al-Handasah Consultants Ltd     Alabi Olayemi Abdulrazak     MATTA Girls Foundation     Abdullahi Adisa Akodudu     Kola Ologbondiyan     Olushola Saraki     Ishola Balogun Fulani     Funmilayo Oniwa     Asiwaju Bola Tinubu     Tsaragi-Share     Christian Association Of Nigeria     Aasiyat Bello Oyedepo     Ilorin Descendants Progressive Union     Babaloja-General     Amuda Aluko     Yomi Adeboye     Kayode Ibrahim     Binta Abubakar-Mora     Sheikh Ariyibi     Sulyman Atolagbe Alege