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.

Illyasu Abdullahi     Mufutau Gbadamosi Esuwoye     Oke-Odo     Charles Ibitoye     Mahfouz Adedimeji     Valsolar     Ministry Of Women Affairs And Social Development     Durbar Festival     Abdullahi Samari     Ayo Opadokun     Niyi Osundare     Idris Garba     Hauwa Nuru     KWACOBPA     CT Ayeni     International Aviation College     Taibat Ayinke Ahmed     Saadu Alanamu     Patigi Regatta     Oke-Ogun     Ibrahim Abdulkadir Abikan     Ilorin Curfew     CLAY POT     Ronke Adeyemi     NAWOJ     Vasolar Consortium     Women For Change And Development Initiative     Mamatu Abdullahi     Titus Suberu-Ajibola     Eleja     KWASSIP     Offa Grammer School     Olusin Of Ijara Isin     Abdulwaheed Musa     Olusola Saraki     Muslimah Entrepreneurship Forum     Abubakar Bature Sulu-Gambari     AbdulQowiy Olododo     Abdulkadri Ahmad Alaiye     Mope Dasuki Belgore     Harafat E. Mukadam     SGBN     TESCOM     Ilorin Amusement Park     Rotimi Oyedepo     Akeem Olatunji     Olosi Of Osi     Mogaji Aare     Isapa     Saudat Abdulbaqi     Salihu S. Yaru     Seed Technologies     New Nigeria People’s Party     Zara Umar     Abubakar Kawu Baraje     Tunji Oyawoye     Mutawalle     Emir Of Lafiagi     3MTT     Women Radio     Mary Arinde     Opolo Global Innovation Limited     Facebook     Bashir Adigun     Ahmad Uthman     Ilorin West/Asa Federal Constituency     Babatunde Ajeigbe     Government House     Abdulrasheed Akogun     Wahab Abayawo     Yusuf Abdulkadir     Kayode Yusuf     Abdulrahman Abdulrasak     Federal Allocation     Oko-Olowo     Ilorin Innovation Hub     Habeeb Abdullahi Al-Ilory    

Cloud Tag: What's trending

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

TIIDELab     Bareke     Lithium     Abdullahi Biffo     Lola Olabayo     Ndama Al-hassan     Katibi Ibraheem Adeola     Isiaka Rafiu Mope     Mustapha AbdulGaniyu     Bankole Omisore     Vasolar-Kwara Company Ltd     Nupe     Government High School (GHS), Adeta     Arinola Fatimoh Lawal     Nurudeen Muhammed     Bello Taoheed Abubakar     Moji Makanjuola     Emir Of Lafiagi     Afusat Nike Ibrahim     Press Release     Modibbo Kawu     Yakub Ali-Agan     HAMFAT Clinic And Maternity     Kwara Muslim Pilgrims Welfare Board     2023 Elections     Agboola Abdulraheem     Shagari     Mashood Dauda     Olomu Of Omu-Aran     Congress For National Consensus     Yoruba     Babata     Aisha Gobir     IsDB     Olatunde Jare     Bello John Olanrewaju     Jumoke Monsura Gafar     Maryam Nurudeen     Sabi     Marafan Shonga     Yoonus Lawal     Kunle Suleiman     Toyin Saraki     Tsaragi-Share     Ishaq Oloyede     Abdulganiyu Salahudeen     Okasanmi Ajayi     Mohammed Khadijat Kubura     Femi Oladiji     Gambari     Sa\'adu Salahu     Kazeem Oladepo     Bayo Mohammed Onimode     Hajj     Muhammed Taofeeq Abdulrazaq     Khadijat Ayoola Yusuf     Oyun     Samuel Elizabeth Keatswa     Kwara Volleyball Association     Aro Yahaya     Offa     Kwara State Fire Service     UNILORIN Alumni Association     Yusuf Abdulwahab     Crystal Corner Shops     Y.A. Abdulkareem     Elese Of Igbaja     08001000100     Isaac Aderemi Kolawole     Computer Based Test     Olokoba Abdullahi Ayinla     Basic Education Certificate Examination     Yahaya Abdulkareem Babaita     Adesoye     Federal College Of Education (Special), Afon     Isapa     Ayobami Seriki