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.

Fatai Adeniyi Garba     Joseph Daudu     Ilorin Like-Minds     Samari     IESA     Oke-opin     Falokun-Oja     Abdulkadir Orire     Ahmed Ayinla Jimoh     First Lady     Bashirat Bola Bello     Saliu Mustapha     Ola Falade     Dumagi     Aminu Adisa Logun     Ilorin East     Colleges Of Education Academic Staff Union     Ilorin South Constituency     Owo Arugbo     Asa     Valsolar Consortium     Lucky Omoluwa     Charles Ibitoye     SSUCOEN     Student Learning Support Helpline     Saka Keji     Akeem Lawal     Abdulmajeed Abdullahi     Najim Yaasin     Muslim Stakeholders Of Kwara State     Bahago     Abdulrosheed Okiki     Moses Salami     Iponrin     Oba Mogaji Abdulkadir     Abegunde Goke     Lanre Badmas     Busari Toyin Isiaka     Isiaka Abdulrazak     Bukola Ajikobi     Yusuf Abubakar     Agor     Kwara 2023     Sa\'adu Gambari     Olosi Of Osi     Aso Ofi     Sadiq Umar     Obuh     Dogara     Kannike     Valsolar     Abdulfatah Ahmed     Umar Bayo Abdulwahab     Orire     Oke-Ero     TIIDELab     Shonga     Toun Okewale-Sonaiya     Aliyu Salihu     Rasaq Jimoh     Alikinla     Ilorin.Info     Shehu Raheem Adaramaja     Kamaldeen Gambari     AbdulRazaq Jiddah     Kwara Consultative Forum     Ojuekun     Ronke Adeyemi     Jalala     Code Of Conduct Tribunal     Solomon Edojah     Michael Ologundea     Aminu Ado Bayero     Aremu Bose Deborah     Alfa Belgore     Amule Elementary School     AbdulKareem Yusuf Danhawa    

Cloud Tag: What's trending

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

Government House     Alfa Modibo Belgore     Lanre Badmas     Amada Jidda     Vasolar Consultoria     Titus Suberu-Ajibola     Durosinlohun Atiku     Lawal Arinola Kudirat     Yusuf Amuda Gobir     Kawu Baraje     Alfa Yahaya Road     Harmony Holdings     Kwara NIPR     NIPOGA     Michael Imoudu National Institute For Labour Studies     Amuda Bembe     Alaro     Hassan Saliu     Peculiar Allowance     David Oyepinola Adedumoye     AbdulQowiy Olododo     Risikat Lawal     Just Law Forum     HYPPADEC     Olohungbebe     Sadiq Buhari     National Party Of Nigeria     Emir Of Ilorin     Joseph Daudu     Earlyon Technologies     Hydroelectric Power Producing Areas Development Commission     Sidikat Alaya     Abdulkadir Jimoh     Bayo Ojo     Apado     Shehu Salau     Tinubu     Ubandoma     Isaac Gbenle     Tafida     Yahaya Oloriegbe     Moshood Mustapha     Taofeek Sanusi     Col. Taiwo     Saka Onimago     Ayobami Seriki     Senior Ibrahim Suleiman     Abdulmumini AbdulRazaq     Mohammed Ghali Alaaya     Yinka Aluko     Abioye Bello     Saka Abimbola Isau     Yahaya Dumoye     Wahab Abayawo     Guber Aspirant     Ayodele Olaosebikan     Aliyu Kora Sabi     Tunji Olawuyi     Issa Manzuma     Sa\'adu Salahu     AIT Ilorin     NURTW     Funke Adedoyin     Esinniobiwa Quareeb     Yakubu Danladi     Halidu Danbaba     Kwara State Governor     Sulu Babaita Isiaka     Apaola     Sobi FM     Apata Ajele Secondary School     Muhammad Fawaz Abubakar     Hikmah AbdulKareem     GRA     Abdulwasiu Bolaji Adeyi     Playing Host     Sobi Specialist Hospital