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.

Lawal Olohungbebe     HYPPADEC     Magaji Are     Makama Of Ilorin     Kwara State Government     Shuaib Jawondo     Kwara State Television (KWTV)     Medinat Folorunsho Salman     Ibrahim Jawondo     Orisa Bridge     Senior Special Assistant On Student Affairs     Amada Jidda     Abiodun Jacob Ajiboye     Ahmed Shuaib Buranga     Monsurat Omotosho     Christopher Tunji Ayeni     Nigerian Supreme Council For Islamic Affairs     Lasiele Alabi Yahaya     Durosinlohun Atiku     Salaudeen Oyewale     Ayo Adeyemi     Ilorin Airport     Oyawoye     Kwara State Governor     Abdulrazaq Solihudeen     Abubakar Suleiman     Ubandoma Of Ilorin     Dauda Adesola     Saadu Yusuf     Alabe     Abdullahi Adisa Akodudu     Amina El-Imam     HICA     Garuba Alikinla Shittu     Ibrahim Sulu Gambari     Post-utme     Iyabo Adewuyi     Dankaka     Samuel Elizabeth Keatswa     Garba Dogo     Kayode Ogunlowo     Kunle Suleiman     Oloye     Oro Grammar School Old Students Association     Azeez Bello     Gani Saadu     Modibbo Kawu     Hussein Olokooba     Shagari     Habeeb Saidu     CCEPE     Adekunle David Dunmade     UITH     Saidu Isa     Ifelodun     Ahmad Olayiwola Kamaldeen     Ishola Abdullahi     Bayer Nigeria Limited     Saraki     Tunji Moronfoye     Abdulsalam A. Yusuf     Ilorin Water Reticulation     Yahaya A Paniyaro     Kwara 2019     Adedipe     Niguel Gallando Marcias     Ilorin East     Government Girls’ Day Secondary School Pakata     Kabir Shagaya     Transition Implementation Committee     Countryside Emerging Leaders Fellowship     Sola Saraki Educational Foundation     Abdulsalam Firdaous Amosa     Mustapha Akanbi     Abdulkadir Orire     Ariyo     Raji Ayodele Kamaldeen    

Cloud Tag: What's trending

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

Sabo-Oke     Shehu Alimi Foundation For Peace And Development     Yahaya Abdulkareem     Isin     RTEAN     Olayinka Are     Kolawole Akande     Oyedepo     Abdulmajeed Abdullahi     Economic And Financial Crimes Commission     Baba Adini Of Kwara State     Abdulahi Abubakar Bata     Salman Suleiman     Hamidu Olowo     Raliat AbdulRazaq     Lanre Aremu     Mahmud Ayinla Giwa     University Road     Seun Bolaji     Opolo Global Innovation Limited     Olaiya Victor Mobolaji     Sheriff Olanrewaju     Mamman Saba Jibril     Wahab Olasupo Egbewole     Offa Metropolitan Club     Saka Isau     Ibraheem Adeola Katibi     Apaokagi     Ubandawaki     Abdulquowiyu Olododo     Kudirat Arinola Lawal     Hamidat Sulyman-Yusuf     Smart School     Students Union Government     Sa\'adu Salahu     Makama Of Kaiama     New Naira Notes     Rotimi Samuel Olujide     Tayo Alao     Turaki     Asa LGEA School     Mutawalle     AIT Ilorin     Abubakar Aliagan     Olomu     Buhari     Olayinka Olaogun     KWTV     Haashim Initiative For Community Advancement     Ahmed Ayinla Jimoh     Mumeen Lah     HAMFAT Clinic And Maternity     Col. Taiwo     IPSAS     Majlis For Sadakah, Zakat And Waqf     Muazam Nayaya     Diagnostic Centre     Rihanat Ajia     Kwara State Council Of Chiefs     Yahaya Abdulkareem Babaita     Ogidi-Oloje     Saduki Lafiagi     Rashidi Yekini     Abdulrasheed Na\'Allah     Ahmad Uthman     Olusola Saraki     Kwara North     Yusuf Abdulkadir     Shaaba Lafiagi     Isiaka Saka Opobiyi     Mohammed Yisa     Balikis Jawondo     BIR     MAI Akande     Hikmah AbdulKareem     Jimoh Saadudeen Muhammed     Labaeka