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.

Mohammed Halidu     Lanre Issa Onilu     Yomi Adeboye     Taofeek Sanusi     Tuesday Assayomo     Sheikh Ridhwanullah     Sulyman Tejidini     Lanre Badmus     Tinubu Legacy Forum     Olatunji Ibrahim     Special Agro-industrial Processing Zone     Abdulmumin Yinka Ajia     University Road     Kabir Shagaya     Tunji Folami     Lawal Jimoh     Garba Idris Ajia     Abdulfatai Ahmed     Suleiman Alege Kuranga     Aminu Ado Bayero     Ahmed     Ita-Ore     Yusuf Lanre Badmus     Volunteers Of Ilorin Community And The Emirate     Muhammad Akande Olarewaju Odunade     Haruna Olawale Sulaiman     Raliat Elelu-Habeeb     Ahman Pategi     Nurudeen Muhammed     Raji Ayodele Kamaldeen     Cassava Growers\' Association     Gabriel Fashanu     Yusuf Amuda Abubakar     Oju Ekun Sarumi     Raliat AbdulRazaq     Kamaldeen Ajibade     KWAFFA     Maryam Ado Bayero     John Olobayo     Ahman Patigi     Centre For Community Empowerment And Poverty Eradication     Yakubu Dogara     Talaka Parapo     General Hospital, Offa     Gbajabiamila     Kola Adesina     Olusegun Adeniyi     Shade Omoniyi     Savannah Centre For Diplomacy, Democracy And Development     Adesoye     General Tunde Idiagbon International Airport Ilorin     IFK     Okin Malt     NNPP     Muhammadu Buhari     Bolakale Kawu Agaka     Onilorin     Press Release     Theophilus Oyebiyi     Markaz Arabic And Islamic Training Institute, Agege     Yomi Ogunsola     2017 Budget     Usman Yunusa     Dogara     Aliyu Umar     Kwara Teaching Service Commission     Taofik Abdulkareem     Abdulmajeed Abdullahi     Olaitan Adefila     Mohammed Ajia Ibrahim     KSIRS     Alapado     Daud Adeshola     Kulende-UITH     Haliru Yahaya     Soffiyyallah Kamaldeen     Muslim Cementary    

Cloud Tag: What's trending

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

Saka Aleshinloye     AGF Abdulrazaq     Fawenu     AbdulGafar Tosho     Orisa Bridge     Yekeen Alabi     Baruten     Wahab Abayawo     Nigerian Correctional Service     Third Estate     Dagbalodo     Abubakar Abdulraheem     Ibraheem Abdullateef     Ayegbeni     Aishat Mohammed Lawal     Muhammad Fawaz Abubakar     Bello Oyedepo     Kamoru Kadiri     Towobola Abdulrahman Toyin     Senate Presidency     Mohammed Ajia Ibrahim     C2c@kwarastate.gov.ng     Peter Amogbonjaye     Kamaldeen Kehinde     Abdulwasiu Bolaji Adeyi     Bola Olukoju     Christian Association Of Nigeria     Babatunde Ajeigbe     Abdulrahman Abdulrasak     Bola Shagaya     Joana Nnazua Kolo     Mustapha Olanipekun     Ijakadi     Musa Aibinu     Apaokagi     Chikanda     Tsado Manman     LEAH Charity Foundation     Umar Sanda Yusuf     Ezekiel Yissa Benjamin     Henry Olaosebikan     Babata     Raliat Elelu-Habeeb     Ahmed \'Lateef     Agboola Abdulraheem     Yusuf Arowosaye     Saka Saadu     Kwara State University Of Education     Saliu Ajia     Magaji Erubu     Balogun Fulani     Student Learning Support Helpline     March 18     ASMAU PLAZA     Olatunji Abdulmumeen     Olosi Of Osi     Yakubu Shaaba     Yusuf Ibitokun Sherifat     Amule     Kola Adesina     Senior Staff Union Of Colleges Of Education     Mansurat Amuda-Kannike     Age AbdulKareem     Oke-Ero     Kunle Suleiman     Abdullahi Atanda     Valsolar-Kwara Company Limited     Shade Omoniyi     Baba-Isale     Ayinde Oki     Ahmed     Sango-UITH Road     Shettima Of Ilorin     Al-Hikmah Radio     John Olajide Adedipe     Hydro-electric Power Producing Areas Development Commission     Femi Agbaje