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.

Temitope Ogunbanke     Garba Ado Sanni     Magaji Erubu     Omoniyi Ayinla     Abdulmumini Jawondo     Iliasu     Femi Gbajabiamila     Samuel Adedoyin     Mohammed Ghali Alaaya     SUBEB     Ajidagba     Borgu     Abdullahi Samari     Omoniyi     Michael Imoudu National Institute For Labour Studies     Yakub Ali-Agan     State Bureau Of Internal Revenue     Shero     Savannah Centre For Diplomacy, Democracy And Development     Computer Based Test     Eleyele     Sun Qing Rong     Joseph Daudu     Ita-Nmo Market     COVID     Abiodun Jacob Ajiboye     Aisha Gobir     VADA     Woro     National Party Of Nigeria     Kwara State Football Association     Women For Change And Development Initiative     Wahab Femi Agbaje     Aminat Ahmed     Mope Dasuki Belgore     Muhammad Toyin Sanusi     Durbar Festival     Arandun     Kwara State Governor     Saadu Gbogbo Iwe     Umar Yakubu Jaja     Wale Oladepo     Ahmed \'Lateef     Ojuekun     Sheikh Alimi     AbdulRazaq Abubakar Jiddah     Ethical College     Fatai Garuba Labaka     Niyi Ogundiran     Saudat Abdulbaqi     Gobir Organization Foundation     Amosa     Olupako     Olayinka Jelili Yusuf     Hakeem Idris     Mujtabah Bature     John Obuh     JUSUN     Yahaya Abdulkareem Babaita     Otuka     Aisha Abodunrin Ibrahim     Halimah Perogi     Musa Ayinla Yeketi     Marafan Shonga     Yusuf AbdulRasheed     Just Event Online     Monkey Pox     Lateef Fagbemi     Aliyu Muyideen     Nigerian Supreme Council For Islamic Affairs     Akeem Olatunji     Nigeria Computer Society     Nupe     Muftau Akanbi Oke     John Olajide Adedipe     Muhammed Taofeeq Abdulrazaq     Saraki    

Cloud Tag: What's trending

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

Taofeek Ibraheem     Savannah Centre For Diplomacy, Democracy And Development     Alanamu     Binta Abubakar-Mora     Ajayi Okasanmi     Sango-UITH Road     Tunji Olawuyi     Tunde Idiagbon Road     Abdulrosheed Okiki     Ahmad Ali     Olusin Of Ijara Isin     Abdulmalik Bashir Mopelola Risikatullahi     Aremu Odolaye     Bukola Ajikobi     Muhammad-Mustapha Suleiman     Abubakar Aliagan     AbdulRahman Saad     Abatemi Usman     Lai Gobir     Federal College Of Education (Special), Afon     Akanbi-Oke     Isiaq Khadeejah     Law School Scholarship     Yusuf Ali     ASKOMP     Madawaki     Kaosarah Adeyi     Shuaib Boni Aliyu     Pakata     George Funsho Adebayo     Oro Grammar School     Wahab Isa     Kayode Yusuf     Kwara South     Baboko Primary School     Yomi Adeboye     Garuba Alikinla Shittu     Lanre Badmus     Wasiu Odewale     Hassanat Bello     Gobir Organization Foundation     AbdulRaheem Ahmad Shayi     Abdul-Rasheed Na\'Allah     07039448763     Erin-ile     Rebecca Olanrewaju     Femtech     Zaratu Umar     Mohammed Katsina Ahmed     Idris Amosa Oladipo Saidu     Jare Olatundun     Ibrahim Kayode Adeyemi     Seni Saraki     Adedipe     Balikis Jawondo     Siddiq Adebayo Idowu Salawu     Omupo     Medview Airlines     Abubakar Bature Sulu-Gambari     Bilikisu Gambari     Muhammad Ghali Alaaya     Ike Ekweremadu     Economic And Financial Crimes Commission     Abdulrazak Shehu Akorede     Ojuekun Sarumi     Abdulraufu Mustapha     Abdulazeez Arowona     GAMA     KWASIEC     Gbadeyan Gbadura Yomi     Abubakar Baba Sulaiman     Quarry Royal Valley     Madawaki Of Ilorin     Abdulganiyu Oladosu     Toyosi Thomas     Fatai Adeniyi Garba     Oko-Erin