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.

Prince Sunday Fagbemi     Usman Alkali Baba     Bayo Lawal     Salihu Jibril Garbi     Ayeyemi Sulaiman     Salihu Ajia     CELF     Charles Ibitoye     TVC Female National Debate     Iyabo Adisa Ibiyeye     Ibrahim Labaika     Ilorin Anchor Men And Women     JMK Construction Company Limited     Odogun Olushola Gabriel     Maryam A. Garuba     Mujtabah Bature     Amina El-Imam     Adesina Simon Sodiya     Elewu     Saliu Mustapha     Jaigbade Alao     Toyin Falola     Paul Odama     Jide Ashonibare     Oluwarotimi Boluwatife Adenike     Ijagbo     Baba Issa     Igosun     BECE     Nigeria Customs Service     Hijaab     Yahaya Jibril Usman     Abdulrazaq Akorede     Matthew Okedare     Yaman     Kwara State Health Insurance Agency     Folorunsho Alao     Moronfoye     Okanlawon Musa     Ministry Of Women Affairs And Social Development     AbdulQowiy Olododo     Esinniobiwa Quareeb     Buari Edun     Osi     EndSARS     Quran     Adeniyi Ojo     Shola Odetundun     Dan-Kazeem     JAAC     Oladipo Akanmu Tolani     Shaykh Luqman Jimoh     Gbugbu International Market     Suleiman Abubakar     Alaaya     Raji Ayodele Kamaldeen     Maryam Ado Bayero     AbdulGafar Tosho     Issa Baba     Unilorin     Guber Aspirant     Ahmad Uthman     Buhari     Sulyman Atolagbe Alege     Olugbense     Ilorin International Airport     Salihu Alhaji Musa     Kwabes     National Union Of Road Transport Workers     Seed Technologies     Atiku     IYA ALFA NLA     Olabimpe Olani     Alabi Olayemi Abdulrazak     Kayode Ishola     Omu Aran     Gbenga Adebayo    

Cloud Tag: What's trending

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

Muslimah Entrepreneurship Forum     Abdulganiyu AbdulAzeez     SWAN     Yusuf Lawal     IFK     Savannah Centre For Diplomacy, Democracy And Development     Smart School     Oba Abdulraheem     Bukola Saraki     Katibi Ibraheem Adeola     Tunde Oyawoye     Col. Taiwo     Omoniyi Ayinla     IEDPU     Aiyedun     Umar Ahmed Gunu     Egbejila     N-Power     Onilorin Of Ilorin     Muhammed Akanbi     Government High School (GHS), Adeta     Bello Taoheed Abubakar     AbdulKareem Yusuf Danhawa     Suleiman Ajadi     Mahee Abdulkadir     Galland Marcias     Apaola     Biliaminu Aliu     Yakubu Dogara     Quran     Elesie Of Esie     Erubu     Yusuf Olaolu Ali     Idris Garba     Aisha Abodunrin Ibrahim     Abdulrahman Iliasu     Earlyon Technologies     Ishaq Salman     Idowu Aremu     College Of Health     Tunde Saad     Ilorin Emirate Staff Association     Tsado Manman     Eleyele     Oloyede     Jawondo     Kwara University Of Education     TIIDELab     Yusuf Ibitokun Sherifat     Osinbajo     Ilorin Amusement Park     Aliyu Alhassan     Balogun-Ojomu     MAI Akande     AbdulRauf Keji     James Ayeni     Tunji Moronfoye     Overland     Jide Oyinloye     Tsaragi     Abubakar Ndakene     Salihu Ajia     Afolabi-Oshatimehin Adenike Harriet     Adamu Attah     Maryam Ado Bayero     Emir Of Ilorin     Idofin     Abdulraheem Yusuf     Khadijat Ayoola Yusuf     Fatai Olodo     Quareeb Islamic Association     Alfa Yahaya Road     Rafiu Ibrahim     Oyedun Juliana Funke     NITDA     Makama Of Ilorin     Olokoba