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.

Summit University     Shaaba Lafiagi     Apata Ajele Secondary School     Tafida Of Kaiama     Gwanara     Magaji Are     Olofa Of Offa     Idowu Aremu     Neuropsychiatric Hospital     Nigeria Foundation For Artificial Intelligence     Isiaka Abdulrazak     Jimoh Bashir     Razak Atunwa     Adesina Simon Sodiya     Idris Amosa Saidu     Gani Saadu     Funmilayo Oniwa     Idiagbon     QuickWin     Sheriff Olanrewaju     Temitope Ogunbanke     Kazeem Gbolagade     Special Adviser On Digital Innovation     Okasanmi Ajayi     Bolakale Ayo     Islamiya Abdulraheem     KWAFFA     Kwara Consultative Forum     Abdulrazak Shehu Akorede     Ahmed Saidu Rufai     Ijakadi     Alimi Abdulrazaq     Coalition Of Kwara North Groups     SSUCOEN     Moses Afolayan     Kazeem Adekanye     HICA     NaAllah     Justina Oha     Tunji Moronfoye     Igbomina     Savannah Centre For Diplomacy, Democracy And Development     Centre For Digital Economy     Kwara 2023     Ibrahim Bio     Ilorin Innovation Hub     Lateef Ademola Olatunji     Kunle Okeowo     SSA Youth     Adanla-Irese     Share     Ahmad Olayiwola Kamaldeen     Awodun     Saheed Akinwumi     Apaokagi     11th Galadima     Biliaminu Aliu     Idris Garuba     Ibrahim Jawondo     Adamu B. Yaqubu     Sa\'ad Alanamu     Agbarere     Sulyman Tejidini     Radio Kwara     Tayo Awodiji     Sunset Workers     Abdulwaheed Musa     Olayinka Olaogun     Lithium     Oyelere Oyinloye     Air Peace     Olam Food Ingredients     Lucky Omoluwa     Ilorin Muslim Community     Okanlawon Musa     Association Of Kwara State Online Media Practitioners     Women For Change And Development Initiative    

Cloud Tag: What's trending

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

Old Oyo     Offa Grammer School     Abdulazeez Uthman     Ilorin General Hospital     Oladipo Akanmu Tolani     Sulyman Abdulkareem     Samuel Olusegun Adedayo     Abdulkadir Orire     Kwara North     Ibrahim Labaika     Mufutau Gbadamosi Esuwoye     Tuesday Assayomo     Government Girls’ Day Secondary School Pakata     Shuaibu Yaman     Laduba     Abiodun Jacob Ajiboye     MATTA Girls Foundation     Students Union Government     Maryam Nurudeen     Babaloja-General     Garuba Alikinla Shittu     Ibrahim Agboola Gambari     Gamji Members Association     Ahmed Ayinla Jimoh     Saidu Kawu     Kwara NIPR     Joshua Adeyemi Adimula     Stephen Fasakin     Kayode Ibrahim     Kwara Poly     Sam Onile     Okiki     Laboratory-to-Product     Eleja Taiwo Banu     Amina Susa\'a De Ahmed     Salihu S. Yaru     Oro Grammar School Old Students Association     Emir Of Shonga     Federal Allocation     Baba Isale     Unilorin FM     EFCC     Abubakar Bature Sulu-Gambari     Muyiwa Oladipo Kanu     Kwara Coalition Of Business And Professional Associations     Road Transport Employers Association Of Nigeria     Sulyman Atolagbe Alege     Bello Abubakar     Egbewole     NFAI     Jumoke Gafar     Abdulkadir Remi Hawawu     AbdulRasaq Abdulmajeed Alaro     Ilorin Talaka Parapo     Femi Gbajabiamila     Lola Ashiru     Jumoke Monsura Gafar     Yusuf Amuda Aluko     Raymond Olaitan     Saliu Alamoyo     Haruna Tambiri Mohammed     Agbarere     NURTW     Oba Of Jebba     Yinka Aluko     Yakubu Shaaba     Otoge     Ahman Pategi     Dunmade     Ola Falade     Rapheal Ashaolu     Bisi Oyeleke     Ilorin Like-Minds     KWASSIP     Amosa     Abdullahi AbdulMajeed     Abubakar Baba