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.

Abdullahi Atanda     Ibrahim Abdullahi     Mashood Dauda     Nurudeen Mohammed     Ibrahim Oniye     Mufti Of Ilorin     Abdullateef Abdussalam     Sabo-Oke     Flights To Ilorin     Government House     Olayinka Oladapo Jogunola     Amuda Musbau     United Nigeria Airline     Sherif Shagaya     Pacify Labs     Taofeeq Olateju     Omar Gambari     Savannah Centre For Diplomacy, Democracy And Development     Umar Ahmed Gunu     Sidikat Uthman Ajibola     Kwara Metro Park     Kolade Solagberu     Ibrahim Gambari     Solomon Edojah     Bayer Nigeria Limited     Ilorin Innovation Hub     Sam Onile     Awili Pedro     Kwara State Football Association     Oke-Kura     Abdulquawiy Olododo     Yeketi     Mahee Abdulkadir     Sheriff Olanrewaju     Kale Bayero     Yunus Oniboki     Mustapha AbdulGaniyu     Oniwa     Makama Of Kaiama     Ballah     Zainab Abass     Kwara-SAPZ Project     Ahmed Bolaji Nagode     Taiwo Joseph     Jani Ibrahim     Theophilus Oyebiyi     Mohammed Ibrahim     Omar Bolaji Gambari     Aliyu Muyideen     Igbomina     Bola Iyabo Ibiyeye Adisa     Salman Alada     Folaranmi Aro     Adesoye College     Adamu Attah     Mashood Abdulrafiu Agboola     Barakat Community Secondary School     National Information Technology Development Agency     Adegoke Bamidele     Femtech     Bola Sagaya     Hassan Abdulazeez Elewu     KSIRS     Wakilin Mata Lafiagi     Ahmad Ali     Oniye     Jamiu Oyawoye     Muslimah Entrepreneurship Forum     Towobola Abdulrahman Toyin     Idris Amosa Saidu     Ridhwanullah Al-Ilory     Government High School (GHS), Adeta     Garuba Alikinla Shittu     Abdulraheem Yusuf     Harmony Holdings     Binta Abubakar-Mora     Oasis Muslim Care Foundation    

Cloud Tag: What's trending

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

Shuaibu Yaman     University Road     Abdulkadir Akanbi-Oke     Kishira     Sadiq Buhari     Zara Umar     Kwha.gov.ng     Waziri Yakubu Gobir     Bashir Badawi     Borgu     Idofin     Muhammed Akanbi     Kulende-UITH     Damilola Yusuf     Samuel Elizabeth Keatswa     Kola Bukoye     Universal Basic Education Commission     All Confederation Of Principals Of Secondary Schools     Unilorin     FOMWAN     Admiralty Villa     Ope Saraki     Sarakite     Agbarere     Yahaya Dumoye     Lafia Aliyu Korasabi     Presidential Election     Ilorin Water Reticulation     Ebun-Olu Adegboruwa     Bolakale Kawu     Musbau A. Akanji     Vasolar-Kwara Company Ltd     Mahfouz Adedimeji     Aliyu Adebayo     Tafida Of Kaiama     Kaosarah Adeyi     Olusin Of Ijara Isin     Bahago     Ike Ekweremadu     Femi Agbaje     Gbajabiamila     Aliyu Kora Sabi     Amule Elementary School     Ibrahim Abdulkadir Abikan     Omoniyi M. Ayinla     Seun Bolaji     Yahaya Oloriegbe     Tunji Ajanaku     Aliyu Muhammad Saifudeen     GANZY     KWATMA     Moshood Bakare     Adegoke Bamidele     Funmilayo Mohammed     Sodiya     Harafat E. Mukadam     Alaiye     Sa\'adu Salahu     John Olobayo     National Information Technology Development Agency     Afolabi-Oshatimehin Adenike Harriet     Ajibola Ademola Julius     Federal College Of Education (Special), Afon     NULGE     Saka Isau     Oni Adebayo     Lai Gobir     Adeola Abraham     Abdullah Janet Amudat     Maryam Ado Bayero     Toyin Saraki     Col. Adedipe     Abdul-Rahoof Bello     Roseline Oni Aremu     Kanu Agabi     Tescom.kwarastate.gov.ng     Sheikh Ariyibi