southsouthman:
Ops you forgot the part of the constitution that says a member of the national assembly stand to lose his/her seat if the person decamp away from the party for which he is voted into the house where there are no factions. So is it honourable for Tambuwal to resign knowing what the constitution says about decamping. Ops it is wrong for you to mislead the public by referring to only a section of the constitution

"STAND TO LOOSE" does not mean must vacate or looses automatically; It is obvious he stands to loose if he is a minority but if he is not voted out by the Majority two-third then does he loose now; stand to loose is probability but if not then he continues; Guys just read, thats all. He needs to be voted out if PDP wants him to Vacate the seat. It is a pity!

betrani:
the Nigerian constitution has to be reviewed and solutions to some of these illegalities enshrined there in! It is criminal for anyone in actual sense and in the real sense of truth for anyone to get elected under a certain party and still one to retain their positions after defection! U can't eat ur cake and have it! Is more like selling a car and still wanting to drive that car! PDP can as a party introduce that as a resolution and a term of membership to whoever wishes to be a part of that party in the future! In Nigeria corrupt and criminal politicians explore every available option to hang onto privileges which judging by good morals and a conscience look more of injustices and like cheating measures! Its is greed and selfishness that drives men who should be honorable to being dishonorable! He has to bow his head in shame and vacate! Its a way of an honorable member! PDP can explore anyway possible to boot him out! He is greedy!

Bros Emotional U are; Not being Lawful and Making sense is alil bit different from law. Mind you your representatives voted him in to be Speaker not the President or the Party. Infact if GEJ can vote him out using 50(2) i will be the first to congratulate him. so no fight my bros it is enshrined in the law.

AZeD1:

You do know that GEJ is from a minority tribe?

please tell him and let him understand he is swallowing his own pill; A word that should also be deleted from the constitution.

Hmmmm! A lot about this Tambawal thing but the law is so clear on this. If PDP can just use 50(2) to sack him from office, i will be the first to congratulate them but otherwise it is going to be resulting to the act of Anarchy; OOPS! please don't quote Section 58 cos it states "stands to loose" because we all know thats a probability word that makes him vulnerable cos he is now in a minority party but it is not the Party that elected him but our representatives so we are waiting for them to vote him out or keep him. Gbaaaaam!

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OP is a bloody liar and a deceitful thief!

Why did you omit subsection 68(G)?

APC Liars!

Constitution of the Federal Republic of Nigeria
1999:
68. (1) A member of the Senate or of the House of Representatives shall vacate his seat in the House of which he is a member if -

(a) he becomes a member of another legislative house.

(b) any other circumstances arise that, if he were not a member of the Senate or the House of Representatives, would cause him to be disqualified for election as a member;

(c) he ceases to be a citizen of Nigeria;

(d) he becomes President, Vice-President, Governor, Deputy Governor or a Minister of the Government of the Federation or a Commissioner of the Government of a State or a Special Adviser.

(e) save as otherwise prescribed by this Constitution, he becomes a member of a commission or other body established by this Constitution or by any other law.

(f) without just cause he is absent from meetings of the House of which he is a member for a period amounting in the aggregate to more than one-third of the total number of days during which the House meets in any one year;

[size=14pt](g) being a person whose election to the House was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected;[/size]

Provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored; or

(h) the President of the Senate or, as the case may be, the Speaker of the House of Representatives receives a certificate under the hand of the Chairman of the Independent National Electoral Commission stating that the provisions of section 69 of this Constitution have been complied with in respect of the recall of that member.

southsouthman:
Ops you forgot the part of the constitution that says a member of the national assembly stand to lose his/her seat if the person decamp away from the party for which he is voted into the house where there are no factions. So is it honourable for Tambuwal to resign knowing what the constitution says about decamping. Ops it is wrong for you to mislead the public by referring to only a section of the constitution

Dear Sir
1. only a court of competent jurisdiction can prove whether or not the PDP is factionalised.
2. the law on the matter is quite clear, unless a 2/3rd Majority vote him out of the speakership (which PDP doesnt have because the APC is almost equal to them in Number) he can retain his seat.

Dazzal

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koko12:
[color=#000099][/color]

Dear Sir
1. only a court of competent jurisdiction can prove whether or not the PDP is factionalised.
2. the law on the matter is quite clear, unless a 2/3rd Majority vote him out of the speakership (which PDP doesnt have because the APC is almost equal to them in Number) he can retain his seat.

Dazzal

Tambuwal defected to the APC.

The APC is not a faction of the PDP.

The law states that only when one belongs to a separate faction. This is what the nPDP guys used to stall the application of section 68(g).

op is this part not in your own...

section 68. (1) A member of
the Senate or of the House of
Representatives shall vacate
his seat in the House of which
he is a member if -
Then
(g) being a person whose
election to the House was
sponsored by a political party,
he becomes a member of
another political party before
the expiration of the period
for which that House was
elected;
Provided that his membership
of the latter political party is
not as a result of a division in
the political party of which he
was previously a member or
of a merger of two or more
political parties or factions by
one of which he was
previously sponsored; or

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I cry fr naija, 2 many idiots. Funny enuf, my 2yrs old son knows dat d removal of d speaker has to com from within d house! Yet a whole lot of aged calibrated idiots do not know ds!! Must we survive by being sycophants all tru? Tambuwal fr nw simply remains d speaker.

[quote author=southsouthman post=27540094]

It is only constitutional to defect from a party to PDP but unconstitutional to defect from PDP to other party.Walahi,PDP is dangerous!

Clerverly:


You are right! We need to put things in an A, B, C way for the daft, ignorant, and Never-Willing-To-Know Pro PDP posters here!

did you read the section 68 too. me think this tambuwal issue is contradictory.

chukwudi44:


BTW THE SAME CONSTITUTION SAYS TAMBUWAL CEASES TO BE A HOR MEMBER UPON HIS DECAMPMENT

DON'T MIND THOSE APC BIGOT WHO TALK ON THE PART THAT FAVOURS THEM. IF TAMBUWAL FEEL HIS RIGHT HAS BEEN ABUSED HE SHOULD GO TO COURT.

Ride on Bro. TAMBUWAL, I which I have money, I would have sponsor you to obtain Nomination form for the presidential ticket under the APC, you really possess the quality to be come our next president come 2015, progressive and great minds always think alike. We will continue to pray for you.

This is a real game of chess and your guess is as good as mine as to who eventually wins. From what i have gleaned from my reads so far, this debate is nearly evenly split, though i think PDP migh have the upper hand here. I set out my thinking below:

On one hand Tambuwal, APC and co site the constitution which clearly outlines the situations in which the speaker losses his position; the salient point being that outside of self resignation, the speaker can not be removed except impeached by a 2/3 majority. knowing fully well that PDP is short of that majority by 40 or so members, Tambuwal seems apparently untouchable and this position does seem convincing .

On the other hand however, the same constitution seems to decree automatic loss of one's seat for cross carpeting if one's party does not have fraction when such decamping or cross carpetting takes place. This is where it gets interesting because PDP seems to have calculated that they would win in court should this be judicially scrutinised, as it is dificult to prove presently that PDP is fractionated. There appears to be recent legal precedents that support the idea that present Jonathan PDP is still a fully functioning party, despite all the wranglings and defections.

I therefore opine my suspicion that it is this calculation that has led the government to instruct the police to withdraw security detail from Tambuwal, with the hope that he will rush to court to seek re-instatement of his security detail. PDP will then spring this defense up indirectly, via the police. The fact that there was a recent rulling (during the new PDP saga) to the effect that the PDP is not fractionated, makes me fear that Tambuwal's days are numbered.

Though the outcome of this political palaver remains to be seen given that both sides are clearly being advised by lawyers, I think PDP might well have the upper hand on this one.

-----------------
By the way, Is there an online or downloadable version of the Nigerian constitution. Some one please post a link. I think it is worth investigating for one's self.

ocholawealth:
It beats my imagination to hear or perhaps read online, adults of all stand spurting and spewing words as though they lack rudimentary knowledge in government as a subject. Tambuwal still remains the speaker not until he is removed. I humbly believe that a speaker from a different party other than the ruling party is healthy for parliamentary disinterested scrutiny of executive bills. Hence, a good omen in furthering the course of our democratic experimentation.

That is your opinion. BUT the norm across every democracy is that the position of the speaker and deputy is meant SOLELY of the MAJORITY PARTY or in some cases the LARGEST coalition, NOT the minority. So why is Nigeria's case different cos of Tambuwal ' s greed? The post of minority leader is there if he wants it.

barcanista:
That is for the court to interpret. Remember, such precedence was set by the PDP. Honestly, the PDP should go to court if they are not satisfied BUT they must be prepared to lose members and Segun Mimiko if the court grants their prayers. In other words, it will boomerang

you forgot too that apc also have four stolen governors too

Adetula1:
you forgot too that apc also have four stolen governors too

There was division in the PDP prior to the time the G-5 Govs defected to PDP.

I am not a legal practitioner, so I may not be able to talk professionally concerning Tambuwa's defection to APC, but I know PDP will not give him peace of mind to contest 2015 election. Even though it may be hard for them to impeach him.



...the game is becoming more interesting towards February 2015.

Read this
Could APC be the Nigerian version of the Egyptian Muslim Brotherhood Party? Check out this: 1. Party Leader - North: Gen Muhammadu Buhari (Muslim). 2. Party Leader - South: Bola Ahmed Tinubu (Muslim). 3. National Chairman: Abdulkareem Bisi Akande (Muslim). 4. Deputy National Chairman: Aminu Bello Masari (Muslim). 5. National Secretary: Tijjani Musa Tumsah (Muslim). 6. Deputy National Secretary: Nasir El-Rufai (Muslim). 7. National Publicity Secretary: Lai Muhammad (Muslim). 8. National Treasurer: Sadiya Umar Faruq (Muslim) 9. National Financial Secretary: Alhaji Shaibu Musa (Muslim). 10. National Youth Leader: Abubakar Lado (Muslim). 11. National Legal Adviser: Muiz Banie (Muslim). 12. National Deputy Auditor: Bala Jibrin (Muslim). 13. National Women Leader: Sharia Ikeazor (Muslim convert). 14. EX-officio Member: Muniru Muse (Muslim). 15. EX-officio Member: Alhaji Yemi Sanusi (Muslim). Yet, these people want us to believe they are PROGRESSIVES and that APC is a national party. I think APC has a hidden religious agenda..Be guided people!
Share to all Christian you know to vote wisely.
we need to wake up before we sale out to the Islamic global agenda, to islamise Nigeria and other nations . They want to use us to destroy what God had built in Nigeria over the years. We have to sensitize believers to actively participate in the election process by voting wisely. Prayers alone cannot redeem the impending danger. Please, Spread this message like wildfire to more than 100 contacts. You guys should run with this.