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.

Facemasks     Jaigbade Alao     Kwara State Coalition Of Business And Professional Associations     Muhammed Danjuma     Baba Issa     GGDSS Pakata     Suleiman Abubakar     Yahaya Abdulkareem Babaita     Kayode Oyin Zubair     Eleja Taiwo Banu     Najim Yaasin     Code Of Conduct     Wahab Agbaje     Kolade Solagberu     Ahmed Alhasssan     Rasaq Jimoh     Awili Pedro     Simeon Ajibola     Ibrahim Abdulkadir Abikan     Abdulraufu Mustapha     Afolayan     Olabode Towoju     N-Power     Olota Of Odo-Owa     Adesoye College     Ayobami Akanbi     Abdulmumini AbdulRazaq     SSA Youth Engagement     Olatunde Oyeyiola     Abiodun Abdulkareem     Segun Adeniyi     Yusuf Lanre Badmus     Abdulbaqi Jimoh     ER-KANG Mining     Stephen Fasakin     Irepodun     Adolescent Girls Initiative For Learning And Empowerment     Seed Technologies     IESA     Obayomi Azeez     Ajayi Okasanmi     Abegunde Goke     MINILS     Usman Alkali Baba     Matthew Babaoye     Mufutau Gbadamosi Esuwoye     Okin Biscuit     Galadiman Ngeri     Eleja     Garba Ado Sanni     Christopher Odetunde     Mohammed Lawal     Agboola Abdulraheem     Crystal Corner Shops     Funmilayo Mohammed     Yusuf Ali     Abdul Jimoh Mohammed     Sa\'adu Salahu     TIC     SWAN     Yahaya Abdulkareem     Wasiu Odewale     Alfa Modibo Belgore     Iyaloja-General     Ndakene     Abdullahi Atanda     Sarakite     Bilikis Oladimeji     Tsaragi/Share     Eghe Igbinehin     Bola Magaji     Jimoh Saadudeen Muhammed     Mohammed Haruna     Kulende-UITH     Chief Imam Of Ilorin     Susan Modupe Oluwole     Mukhtar Shagaya    

Cloud Tag: What's trending

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

Kawu Baraje     Ayo Adeyemi     Umar Adelodun     KWTV     Bello Oyedepo     NURTW     Balogun-Ojomu     Saka Isau     Christopher Odetunde     2023 Elections     Senior Ibrahim Suleiman     Dauda Adesola     Saka Onimago     Ajayi Okasanmi     Kwara Liberation Group     Bureau Of Lands     Ayegbeni     Shao     GRA     IESA     Kwara Consultative Forum     Kayode Zubair     Segun Olawoyin     Ibrahim Kayode Adeyemi     Abdulsalam Firdaous Amosa     Elerin Of Adanla Irese     Majlis For Sadaqah, Zakat And Waqf     Sai Kayi     Aasiyat Bello Oyedepo     Durosinlohun Kawu     Sadiq Buhari     Babata     Earlyon Technologies     Third Estate     UITH     Savannah Centre For Diplomacy, Democracy And Development     Cornelius Adebayo     Ishaq Salman     Khadijat Ayoola Yusuf     Gobir Organization Foundation     AbdulRazaq AbduMajeed Alaro     Oyelere Oyinloye     Ashiru     Tanke Flyover Bridge     Innocent Okoye     Sardauna     Salary     Saadu Gbogbo Iwe     Buhari     George Funsho Adebayo     Universal Basic Education Commission     Akorede     Sulyman Buhari     Abdullateef Abdussalam     Bolakale Kawu     CLAY POT     Muhammed Taofeeq Abdulrazaq     JMK Construction Company Limited     Ilofa     Esuwoye     Valsolar-Kwara Company Limited     Taofik Mustapha     Laolu Saraki     Orire     Harafat E. Mukadam     Ilesha Gwanara Road     Omar Gambari     Arca Santa     Sunset Workers     Abdulrauf Yusuf     Esinniobiwa Quareeb     Kwara State Television     Labour Party     Aminu Adisa Logun     Hameed Oladipupo Ali     Adeleke Ogungbe     Bilikis Oladimeji