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.

Gobir Organization Foundation     Ebun-Olu Adegboruwa     Erubu Oba Zubair     Saheed Akinwumi     IQRA College     Kazeem Oladepo     Mamatu Abdullahi     Women Radio     Abdulwahab Olarewaju Issa     Sulyman Abdulkareem     Muideen Olaniyi Alalade     ER-KANG     Jani Ibrahim     Ilorin Innovation Hub     Photo News     Ibrahim Abdulkadir Abikan     Sulaiman Gado     Cornelius Adebayo     Ilorin Likeminds Foundation     Demola Banu     Abdulraufu Mustapha     National Information Technology Development Agency     Kamaldeen Gambari     Olokoba Abdullahi Ayinla     Democracy Day     Seni Saraki     Kwara State Television     Bola Magaji     Yusuf Badmus     Gbenga Adebayo     PharmAccess Foundation     Saliu Tunde Bello     Zaratu Umar     Ejidongari     Kolo     Obasanjo     Abdulkarim Adisa     Muazam Nayaya     Moshood Kashimawo Abiola     Fatima Abolore Jimoh     Femi Gbajabiamila     Moronfoye     Kazeem Adekanye     Patience Jonathan     Abdulrahman Iliasu     Aminu Ado Bayero     Diagnostic Centre     Rasheed Jimoh     Khairat Gwadabe     Raimi Iyanda     Ajasse-Ipo     Abdullahi Adisa Akodudu     Kemi Adeosun     Garment Factory     Sobi FM     Hauwa Nuru     Gamji Members Association     Kolawole Akande     Olayinka Oladapo Jogunola     Salami Adekunle     Societe Generale Bank Of Nigeria     Sobi Hill     Adamu Atta     Amule Elementary School     NIPOGA     Dauda Adesola     Sola Saraki Educational Foundation     Federal Neuro-Psychiatric Hospital     John Dara     Kwara 2019     High Court     Mukhtar Shagaya     Musa Aibinu     Nigeria Association Of Women Journalists     Abdulmumini Jawondo     Offorjama     Aliyu Muyideen    

Cloud Tag: What's trending

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

Special Agro-Industrial Hub     Oba Abdulrahim     Amada Jidda     Salihu Ajia     Majlis For Sadaqah, Zakat And Waqf     Michael Ologundea     Funmilayo Oniwa     Mohammed Tunde-Jimoh     Belgore     BIR     Kayode Issa     Rueben Parejo     Sa\'adu Salahu     TESCOM 2025     Balogun Ajikobi     Adedeji Onimago     COEASU     Raliat Elelu-Habeeb     Atiku     Muhammadu Buhari     Idi-Ape     Tayo Awodiji     Siraj Oyewale     Mahe Abdulkadir     Ilorin South     Folaranmi Aro     Oyin-Zubair     Baruten     Tunde Mukaila Mustapha     SWAN     Prince Mahe Abdulkadir     Seun Bolaji     Harafat E. Mukadam     Issa Baba     Ibrahim Abiodun     Oba Sulaiman Asude     Suleiman Rotimi Iliasu     Ado Ibrahim     Mamman Saba Jibril     Hausa     Tanke Flyover Bridge     Umar Sanda Yusuf     Olubukola Kifayat Adedeji     Onikijipa     Suwa-Arabs     Gbadeyan Gbadura Yomi     Charcoal     Soffiyyallah Kamaldeen     Government Girls’ Day Secondary School Pakata     Wahab Agbaje     Saliu Alamoyo     Bolaji Gambari     Isiaq Khadeejah     Ayodele Olaosebikan     Mubarak Oladosu     Osuwa     Hamidat Sulyman-Yusuf     NAWOJ     FERMA     Laolu Saraki     Adamu Atta     Raimi Iyanda     Ibrahim Taiwo Road     Forgo Battery     Yakubu Gobir     Kwara Hotel     Abubakar Bature Sulu-Gambari     Ahmed Dankaya     Afusat Nike Ibrahim     Olatunji Bamgbola     Crystal Corner Shops     Patience Jonathan     Wole Oke     Mike Omotosho     A.E. Afolabi     Abdulmajeed Abdullahi     Kishira