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.

Tunji Folami     AbdulRauf Keji     Alfa Belgore     Ophthalmological Society Of Nigeria     Oloje     Aisha Abodunrin Ibrahim     Ilorin Curfew     Abdulrahman Abdulrazaq     Gbenga Awoyale     Afetu Of Alabe     Bluenile Associates     Oasis Muslim Care Foundation     Oro Grammar School     Oba Of Jebba     Doyin Group     Kolawole Bashirat     Ahmed Bayero     Bureau Of Lands     Ishola Moses Abiodun     Sarakite     Al-Hikmah University     Public Holiday     Kudirat Arinola Lawal     Gambari     Eleja Taiwo Banu     Quareeb Islamic Association     Olayinka Olaogun     Young Progressives Party     Freshvine Nigeria Limited     Turaki Of Ilorin     Benin Republic     Bola Tinubu     Mohammed Ibrahim     Alimi     Oloyede     Matthew Babaoye     Ojuekun Sarumi     Senior Ibrahim Suleiman     Ita-Ore     Tinubu Legacy Forum     Akorede     Zulu Gambari     Isiaka AbdulRazaq     Kayode Ibrahim     Bamidele Adegoke     Salaudeen Oyewale     Sarah Alade     AbdulHamid Adi     Students Union Government     JAAC     Kulende     Yusuf A. Usman     ASUU     Ibrahim Labaika     Clara Nwachukwu     Vasolar-Kwara Company Ltd     AbdulRahman Saad     Just Event Online     Mubarak Oladosu     Tunji Moronfoye     Wahab Femi Agbaje     Reuben Paraje     KWAFFA     Okin High School     Gbemisola Oguntimehin     Oya State     Idris Amosa Saidu     Sa\'adu Salahu     Hassan Taiye Salam     Abioye Bello     Olosi Of Osi     Ilorin South     Temi Kolawole     Economic And Financial Crimes Commission     Nigerian Correctional Service     Alfa Yahaya Road     Abdullahi AbdulMajeed    

Cloud Tag: What's trending

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

Mustapha AbdulGaniyu     Pius Abioje     Usman Yunusa     Senate President     Ayobami Seriki     Shuaib Abdulkadir     Kwara 2019     Oja-Oba     Afolabi-Oshatimehin     Kayode Ibrahim     Photo News     Kwara     Ijagbo Health Centre     Bilikisu Oniyangi     Shuaibu Yaman Abdullahi     Matthew Okedare     Dar-Al-Handasah Consultants     Nigeria Computer Society     C2c@kwarastate.gov.ng     Sulyman Buhari     Apata Ajele Secondary School     Aliyu Salihu     Musbau A. Akanji     Ejidongari     Muhammad Sirajo Aliyu     IESA     Jimoh Akani     Gbugbu     Amusement Park     Kwara Primary Health Care Development Agency     Kayode Bankole     Adolescent Girls Initiative For Learning And Empowerment     Akeem Lawal     Mohammed Danjuma     Colleges Of Education Academic Staff Union     Markaz Arabic And Islamic Training Institute, Agege     Muritala Olarewaju     Yashikira     Iponrin     Ganmo Electricity Sub-Station     Yekeen Alabi     TVC Female National Debate     Abdulmajeed Abdullahi     Kemi Adeosun     Segun Olawoyin     Durosinlohun Kawu     Nurudeen Muhammed     Ilota     Jimba Babatunde     Balogun-Ojomu     Omoniyi Ayinla     Samuel Elizabeth Keatswa     Medview Airlines     Isaac Gbenle     Agbarere     Omoniyi M. Ayinla     Wahab Agbaje     Kawu     Valsolar Consortium     Ola Falade     Facemasks     Sheikh Alimi     Revenue Court     Asa     Shuaib Boni Aliyu     John Dara     Sunday Popo-Ola     Babs Iwarere     Rachael Obisesan     Kwara Liberation Group     PAACO-PCL Consortium     General Tunde Idiagbon International Airport     Babaita     Fatai Adeniyi Garba     NYSC     Mukhtar Shagaya     Rafiu Ajakaye