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.

Saeedat Aliyu     Firdaos Amasa     Oluwarotimi Boluwatife Adenike     Code Of Conduct     Jimoh Lambe Abdulkareem     Durbar Festival     Olayinka Olaogun     Olofa Of Offa     Vasolar-Kwara Company Ltd     Plat Technologies     New Model Police Station     Paul Odama     ITEM 7     Oke-Odo     Ibrahim Bio     Rafiu Ajakaye     Saraki     Ubandawaki     Abubakar Usman Jos     New Naira Notes     Demola Banu     NAWOJ     Umar Yakubu Jaja     Ibrahim Sulu Gambari     Okin Biscuits     Rebecca Bake     Femi Ogunsola     Yahaya Abdulkareem Babaita     Mohammed Saidu     ER-KANG     Communication Network Support Services     NIPR     Kwara     Kwara State Pension Board     CKNG     Adesoye     Sidikat Uthman Ajibola     Government High School (GHS), Adeta     Adamu Jemilat-Baki     UNILORIN Alumni Association     International Aviation College     Charles Ibitoye     Gaa Olobi     Labour Party     Abdulsalam Firdaous Amosa     Sulyman Atolagbe Alege     Logun     Ajayi Okasanmi     Muhammed Aliyu     Umar Saro     Quran     Musibau Akanji     Yahaya Dumoye     UNIFEMGA     Olateju Lukman     Ibrahim Taiwo     Taofeeq Olateju     JAAC     Clement Yomi Adeboye     Transition Implementation Committee     Ali Ahmad     Olokoba     Ibrahim Abdulqadir Abikan     Ileloke     Arinola Fatimoh Lawal     Esinrogunjo     Kwara South     Abraham Ojo     Gobir     Ibrahim Kayode Adeyemi     Balogin Alanamu     NURTW     Abdulhakeem Adelaja Amao     Makama     Musa Aibinu     Aremu Odolaye     Segun Ogunsola    

Cloud Tag: What's trending

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

Ogidi-Oloje     Emmanuel Bello     Kanu Agabi     Abiodun Abdulkareem     Plat Technologies     Chief Imam Of Omu-Aran     Hassan Saliu     Femi Gbajabiamila     Iyabo Adewuyi     Tafida Of Kaiama     Kamaldeen Ajibade     Sulyman Tejidini     Falokun-Oja     Clement Yomi Adeboye     High Court     Suleiman Alege Kuranga     Lawal Olohungbebe     National Union Of Road Transport Workers     Is\'haq Modibbo Kawu     Salihu Ajibola Ajia     Playing Host     Wasiu Onidugbe     Isiaq Khadeejah     International Public Sector Accounting Standards     Ajayi Okasanmi     Yashikira     Yoonus Lawal     Council Of The Wise     Tayo Awodiji     ER-KANG     Monthly Sanitation     Okin Biscuits     Ella Supreme Tissue Paper     Kwabes     Abdullah Janet Amudat     Egbewole     IEDPU     Ilorin Emirate Stakeholders Forum     Jimba Babatunde     Olokoba Sulyman     Adedipe     Ganmo Power Sub-Station     Ebola     Abubakar Imam     Al-Hikmah Radio     Dele Belgore     Yusuf Zulu-Gambari     Makama     Amos Justus Sayo     Dan Iya     Wole Oke     Abdulrasheed Akogun     Akeem Olatunji     Razak Atunwa     Oluwatoyin Lukman     Solomon Edojah     Christopher Ayeni     Jawondo     Rapheal Ashaolu     SUBEB     Isiaka Rafiu Mope     Tunde Yusuf     Umar Ahmed Gunu     Akom Construction And Engineering Synergy Ltd     Muritala Olarewaju     Kayode Yusuf     Mazars Consulting     Christian Association Of Nigeria     Kaiama     Ibrahim Taiwo     Aminat Ahmed     Ilorin General Hospital     Ghali Alaaya     Abdulrahman Abdulrasak     Abubakar Atiku     Elerin Of Erin-Ile     Kwara United