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.

Saka Balikis Kehinde     Durbar Festival     Dan Iya Of Ilorin     Ilorin Talaka Parapo     Arinola Lawal     Jimoh Lambe Abdulkareem     Kwara Politics     Adedipe     Onilupeju Of Ilupeju     Split Diamond Interchange     Ghali Alaaya     George Funsho Adebayo     Mubarak Oladosu     Shagari     07039448763     Ajike People Support Centre     EFCC     Ayo Adeyemi     Ramadhan     Ileloke     Boko Haram     Orisa Bridge     Ilota     Baba Issa     Amina El-Imam     Kunle Okeowo     Elerin Of Erin-Ile     Khairat Gwadabe     Tsaragi/Share     Ilorin East     Sulaiman Gado     Garment Factory     Zubair Folorunsho Erubu     Bamidele Adegoke Oladimeji     Frootify     Mopelola Abdulmaliq-Bashir     Unilorin     Omotosho     Bisi Oyeleke     Sabi     Manzuma     Revenue Court     Usman Rifun     Park     Kolawole Bashirat     Ibrahim Sulu Gambari     Computer Based Test     Facebook     Alfa Belgore     Gobir     Ahmad Belgore     Suleiman Yahya Alapansapa     All Confederation Of Principals Of Secondary Schools     Mufutau Gbadamosi Esuwoye     Elese Of Igbaja     Alimi     Musa Ayinla Yeketi     Ramat Oganija     Bello John Olanrewaju     Ajakaye     Ayinde Oyepitan     Alapansapa     Kulende     Owode Market     Iyiola Oyedepo     Yahaya Jibril Usman     Undergraduate Bursary     Kamaldeen Gambari     Kwara Restoration Project     Ilorin Metro Park     Press Release     KWASEIC     Reuben Paraje     Offa Metropolitan Club     Fareedah Dankaka     Ambassador Kayode Laro     Muhammed Abdullahi    

Cloud Tag: What's trending

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

Patience Jonathan     Elerinjare     Saliu Shola Taofeek     Ilorin Water Reticulation     Okin Group     Baba Issa     Babaita     Maryam A. Garuba     IF-K     Samuel Elizabeth Keatswa     Sardauna Of Ilorin     John Obuh     Owode Market     Mustapha Akanbi     Arinola Lawal     Sodiya     Adama Isa     Frootify     Ahmad Ali     Hussein Olokooba     Ayodele Shittu     Gabriel Fashanu     Isin     Kisira     Assayomo     Otuka     Abdulmumini Jawondo     Wasiu Onidugbe     Code Of Conduct     A.G.F Abdulrasaq     Bolakale Saka     Adamu Attah     Osuwa     Omotoso Musa     Ohoro Of Shao     Balogun Gambari     Olam Food Ingredients     Bankole Omisore     Fatai Adeniyi Garba     Sabo-Oke     Share/Tsaragi     Ejidongari     Tsaragi     Shehu Jimoh     Bolaji Nagode     Harafat E. Mukadam     Aishat Mohammed Lawal     Saad Omo\'ya     LABTOP     Esinniobiwa Quareeb     Elese Of Igbaja     Mahmud Durosinlohun Atiku     New Nigeria People’s Party     Christopher Ayeni     Taofeek Sanusi     Eghe Igbinehin     Shettima     Illyasu Abdullahi     Abiodun Abdulkareem     Odo-Owa     Yunus Oniboki     Adesoye     Dan Iya     Isiaka AbdulRazaq     College Of Arabic And Islamic Legal Studies     Monthly Sanitation Exercise     Ibrahim Akaje     Jani Ibrahim     NULGE     Neo Mundo Ltd     Alfa Modibo Belgore     KWSUED     Cornelius Adebayo     Aro Yahaya     Moses Rahman Popoola     Gurei     Surajudeen Akanbi