A constitutional lawyer, Mr. Jiti Ogunye has declared null and void the election of Senators Bukola Saraki and Ike Ekweremadu, as senate president and deputy senate president respectively, saying it was coup d'état against the country's constitution.

Ogunye who is also a legal commentator and essayist urged the Senate to "return to the path of constitutionalism and rule of law" since its first sitting has not taken place.

In his position paper on the crisis rocking the National Assembly, the legal expert argued that what transpired on June 9, in the red chamber of the federal legislature was not the kind of Senate leadership election that the framers of the 1999 constitution envisaged for the country.

In the position paper made available to LEADERSHIP yesterday, Ogunye regretted that some persons he described as "simple-minded gloaters" have even reduced the serious issues raised about the crisis to a celebration of the " political defeat of Bola Ahmed Tinubu, as if that alleged defeat was all that was needed to make the aberration that occurred in the NASS acceptable".

He added that the crisis was a litmus test for the President and the Vice President, as well as senators who swear to protect and uphold the provisions of the constitution, even as he added that a terrible unconstitutional precedent wittingly or unwittingly must not be created because the actors prefer to cut a deal and settle their differences.

Ogunye said, "What transpired in the National Assembly on Tuesday, 9th June, 2015 was a coup d'état. If it was merely a coup d'état by the treacherous members of the APC against their party's choices for the offices that constitute the leadership of the NA, we would not have been bothered.

"We are bothered because it was also a coup d'état against the Constitution of the Federal Republic of Nigeria, and the rule of law".

The constitutional lawyer contended that apart from the three senators from Ekiti State, an Ogun State senator and two Ondo State senators, the people of South-West did not participate in constituting the Senate leadership.

"Two-third of the people of Benue State did not participate, Senators George Akume and Barnabas Gemade not being there. And largely the people of Kaduna, Kano and Katsina states did not participate, their elected senators not being in the Senate", he added.

He warned that constitutional processes governing compositions of arms of government "must not be reduced to a game of power-grabbing stratagem in which chicaners use foul means to win".

Ogunye argued that the National Assembly leadership crisis must primarily be discussed and resolved on the basis of whether or not there had been a violation of the rule of law and the provisions of the constitution.

To this effect, he said, "All that has taken place is a cocktail of illegalities. All the senators must properly assemble, pursuant to the relevant constitutional provisions and Senate Standing Orders 2011; and the proclamation must be read to all of them.

"Thereafter, a proper roll call must be made and an election of which all senators and the entire Nigerian people shall be proud must be conducted. This is the way to change and govern a country".

Urging the APC leadership to act fast before it becomes late, he noted that it did not matter that following the purported election of Saraki and Ekweremadu, they were subsequently sworn in and they later administered the oath to the other senators.

He said "All that is a grandiose nullity. And also it does not matter that following that farce of an election Senators Saraki and Ekweremade have been receiving courtesy visitors.

Including the Nigerian Bar Association Leadership ( a big shame!) and some funny civil society elections monitors. This sham of an election is incurably defective, and cannot be cured by this ineffectual showmanship.