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.

IDPU     Solomon Edoja     Gbemisola Saraki     Idi-Ape     Barakat Community Secondary School     Umar Ahmed Gunu     Oja-Oba     Abdulrazaq Sanni     Atiku Abubakar     CBT     Playing Host     Amasa     Afin Descendants Union Of Odo-Owa     Gafaru Olayiwola Olorisade     TIC     Olayinka Olaogun     Kwarareports     Jumoke F. Ajao     Joseph Daudu     Hassan Oyeleke     Aiyedun     Ajidagba     SSA Youth Engagement     Monthly Sanitation     Kwabes     Basic Education Certificate Examination     Zulkifli Ibraheem     Taofik Abdulkareem Babaita     Gamji Members Association     Samuel Adaramola     CT Ayeni     Sunday Otokiti     Innocent Okoye     ASKOMP     Haruna Olawale Sulaiman     Adanla-Irese     Yaru     Ibrahim Abdullahi     Javed Khan     Kwara State Geographic Information Service     Aliyu Muhammed     IYA ALFA NLA     Temitope Ogunbanke     Odolaye Aremu     Sulaiman Gado     Funmilayo Isiaka Oniwa     State Bureau Of Internal Revenue     Kola Adesina     Ahmad Olanrewaju Belgore     Ayo Adeyemi     Kawu Baraje     Raliat Elelu-Habeeb     IPSAS     Moses Adekanye     Abdullahi Atanda     Sherif Sagaya     Ibikunle Ogunleye     Gbajabiamila     Balogun Gambari     Christopher Odetunde     Joana Nnazua Kolo     Prince Bola Ajibola     Wahab Kunle Shittu     Obayomi Azeez     Binta Abubakar Mora     Nupe     Tunde Oyawoye     Adamu Ibrahim Sabi     Osuwa     General Tunde Idiagbon International Airport Ilorin     Kupchi Hosea Maxwell     Abdulrazaq Magaji     Ilorin Descendants Progressive Union     Bola Shagaya     Niguel Gallando Marcias     Kwha.gov.ng     Dasuki Belgore    

Cloud Tag: What's trending

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

Tsaragi-Share     Aso-ofi     Boko Haram     Habeeb Abdullahi Al-Ilory     Ibikunle Ogunleye     Trader Moni     Ministry Of Women Affairs And Social Development     Mahfouz Adedimeji     School Of Nursing     COVID-19 Palliatives     Hijab     Yusuf Abdulraheem     Belgore     Economic And Financial Crimes Commission     NSCIA     Tunji Ajanaku     Ibrahim Bio     Idiagbon     Samuel Adedoyin     Ilorin Talaka Parapo     Shonga Farm Project     Ayegbeni     LEAH Charity Foundation     Kwasu     Nigerian Medical Association     Micheal Imoudu     Oniyangi Kunle Sulaiman     Muhammad-Mustapha Suleiman     Muhammadu Gobir     Babajide Ajayi     Awoye     Ajayi Okasanmi     Ndakene     Face Masks     Babatunde Ishola Babaita     Communication Network Support Services     Kwara Coalition Of Business And Professional Associations     Abdulrahman Abdulrazaq     Olayinka Are     NaAllah     Onilupeju Of Ilupeju     Buhari     Asa LGEA School     Suleiman Rotimi Iliasu     Shehu Alimi Foundation For Peace And Development     Abraysports FC     Oluwarotimi Boluwatife Adenike     Kayode Oyin-Zubair     Timothy Olatunde Fadipe     Raimi Iyanda     Maryam A. Garuba     Emir Of Yashikira     Ayeyemi Sulaiman     Makama Of Kaiama     Iyiola Oyedepo     Ilorin Durbar     Ilorin Airport     Dele Belgore     Government High School Adeta     Funmi Salau     Markaz Arabic And Islamic Training Institute, Agege     Ahmed Bolaji Nagode     Elese Of Igbaja     International Public Sector Accounting Standards     Oyeyemi Olasumbo Florence     PPS     Reuben Paraje     Mutawalle     Salake     Bio Ibrahim     Eruku     Alaro     Sardauna Of Ilorin     Shoprite     Saadu Gbogbo Iwe     Folorunsho Alao     Wahab Kunle Shittu