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.

Henry Olaosebikan     Ella Supreme Tissue Paper     Hijab     Adesoye College     Laolu Saraki     Bola Ahmed Tinubu     Sulyman Age AbdulKareem     Toyin Abdullahi     Sarah Jubril     Asiwaju Bola Tinubu     Haruna Tambiri Mohammed     ITEM 7     Joseph Offorjama     Labaeka     College Of Health     Okala Baba     NNPP     Mohammed Alabi Lawal     Ajia-Bako     Muhammad-Mustapha Suleiman     Oke Sunna     Jaiz Bank     Tunji Ajanaku     Abubakar B.M     Idowu Laro     Adolescent Girls Initiative For Learning And Empowerment     Ballah     Ogidi-Oloje     Aso-ofi     Aso Ofi     Tosin Saraki     Dairo Kunle Paul     Kawu     Ghali Alaaya     Esinrogunjo     Ajase-Ipo     Okasanmi Ajayi     Ibrahim Orire     Sidikat Uthman Ajibola     Susan Modupe Oluwole     Sobi Hill     Oasis Muslim Care Foundation     Saka Saadu     Baboko     Countryside Emerging Leaders Fellowship     Lanre Badmus     Abdulfatah Ahmed     Ali Ahmad     Stephen Fasakin     Sarkin Malamai     Lithium Deposit     Centre For Community Empowerment And Poverty Eradication     MalHub     Afetu Of Alabe     Kayode Oyin Zubair     Yusuf Abdulwahab     SSA Youth Engagement     Afolayan     International Vocational Centre     Kayode Ishola     Rice Farmers Association Of Nigeria     KWACOBPA     Oluranti Idowu     Isiaka Yusuf     Olugbense     Amos Justus Sayo     Abdulrahman Iliasu     Olatunji Moronfoye     Mutawali Of Ilorin     Bayo Onimago     Aisha Gobir     Democracy Day     Bola Magaji     Idi-Ape     Bolakale Kawu     Soffiyyallah Kamaldeen     JAMB    

Cloud Tag: What's trending

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

IF-K     Ajia-Bako     Kayode Yusuf     Hassan Oyeleke     Babaloja-General     Towoju     Biliaminu Aliu     Rotimi Samuel Olujide     Ahmed Shuaib Buranga     Baba-Isale     Musa Abdullahi     Gobir     Abubakar Bature Sulu-Gambari     David Oyepinola Adedumoye     Sherif Sagaya     Olomu     Ibikunle Ogunleye     Mahmud Babatunde Baker     Tescom.kwarastate.gov.ng     Tunji Folami     Kwarareports.com     Umar Gunu     Olanrewju Okanlawon Musa     Damilola Yusuf Adelodun     Garba Idris Ajia     Ifelodun     Imodoye Writer’s Enclave     Otunba Taiwo Joseph     Simon Sayomi     Isaac Gbenle     Muhammad Akande Olarewaju Odunade     Government House     Popo-Igbonna     Kwara State Geographic Information Service     Maigida Soludero Transit     Azeez Salawu     Adama Isa     Baba Idris     Monkey Pox     ASMAU PLAZA     Kolo     Kayode Laro     Jimoh Bashir     Shuaib Boni Aliyu     Kwara-SAPZ Project     Kwara Polytechnic     Academic Staff Union Of Universities     Garba Dogo     Abubakar Atiku     Samuel Adedoyin     Gurei     Baba Adini Of Kwara State     Smart School     Ita-Nmo Market     Garba Ado Sanni     Saidu Isa     Neuropsychiatric Hospital     Offa Grammer School     Pakata Patriots     Saheed Akinwumi     Toyin Falola     Ilorin.Info     Kwara State Pension Board     Abdulkadir Remi Hawawu     Adedipe     Gbenga Adebayo     Omoniyi M. Ayinla     Alabere     Eleja Taiwo Banu     Kwara State Governor     Florence Saraki     Sambo Murtala     Sabi     Elese Of Igbaja     BIR     Kabir Shagaya     Ibrahim Abdullahi