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Nairaland Forum / Nairaland / General / Politics / Can Tambuwal Be Impeached? (3045 Views)
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Can Tambuwal Be Impeached? by MudRaker: 2:48pm On Oct 30, 2014 |
This is what is being banded by the APC touts here that in order for the Speaker to be removed a 2/3 majority needs to be sought by the PDP to effect his removal. Firstly, we first have to understand what the term impeachment means and which officers the process is applicable to. The 1999 Constitution has 6 entries with the word impeachment and all these are only applicable to executive officers whose office enjoys immunity from legal prosecution. These offices are the President, the Vice President, Governors and their deputies. Other officers that maybe subject to impeachment are Supreme Court Justices, the AGF, President of the Appeal Court and other legal officers. Tambuwal as Speaker can only be removed with regards to section 68 of the 1999 constitution. All these nonsense about two-third majority does not apply. The only thing left for Tambuwal is trickery and stalling to which he is good at. He can mandate the House to go on recess for the time being but that can not be forever. You can bet your last dime that the PDP will go to court to enforce section 68(G) as highlighted below. Constitution of the Federal Republic of Nigeria 3 Likes |
Re: Can Tambuwal Be Impeached? by taiwoflb: 2:52pm On Oct 30, 2014 |
TAMBUWAL REMAINS THE SPEAKER - LAWMAKERS Lawmakers are standing firm by House of Representatives Speaker Aminu Tambuwal over his defection to the All Progressives Congress (APC). He will not quit his seat, the House said, adding that those who are pushing for that are ignorant of the law. A statement issued yesterday and signed by the Deputy Chairman, Media & Public Affairs, Victor Afam Ogene, under the title “You can’t regulate your procedure from outside” reads: “Barely 24 hours after Rt. Hon. Aminu Waziri Tambuwal, CFR, Speaker of the House of Representatives, announced a switch of party allegiance from the People’s Democratic Party (PDP) to the All Progressives Congress (APC), several individuals, party chieftains and groups have gone on a frenzy, dishing out varied interpretations to the decision.” Source: http://www..com.ng/index.php/political-news/item/898-tambuwal-remains-the-speaker-lawmakers 1 Like |
Re: Can Tambuwal Be Impeached? by dunkem21(m): 2:54pm On Oct 30, 2014 |
Na wa o for the bolded. hmmm. |
Re: Can Tambuwal Be Impeached? by Dahkogrin007(m): 2:54pm On Oct 30, 2014 |
dix is Nigeria...a country wia nothing is imposibu |
Re: Can Tambuwal Be Impeached? by Nobody: 2:57pm On Oct 30, 2014 |
You cannot impeach someone who is not a member of the HOR 1 Like |
Re: Can Tambuwal Be Impeached? by MudRaker: 2:58pm On Oct 30, 2014 |
taiwoflb: Impeachment is too strenuous a process for the office of the Speaker who emerged merely on majority votes within the House alone. The majority leader can raise a motion for the conduction of fresh elections and ask for the speaker to step down. A simple majority and not the impeachable number of 2/3rd is required. 1 Like |
Re: Can Tambuwal Be Impeached? by MudRaker: 3:02pm On Oct 30, 2014 |
dunkem21: Meanwhile, the APC urchins created a useless thread and conveniently omitted section 68(g) Clerverly: 1 Like |
Re: Can Tambuwal Be Impeached? by Nobody: 3:07pm On Oct 30, 2014 |
i see no reason why he should be impeached. party defection shouldn't be a prerequisite for his impeachment. |
Re: Can Tambuwal Be Impeached? by brownlord: 3:10pm On Oct 30, 2014 |
Nairaland constitution amendment committee NCAC I thought this premium posters only job is to troll on the net, The Trans-misinformation Ambassadors of Nigeria TAN and the Aggrieved Peoples Congress of Nairaland now amending constitution on the internet. 1 Like |
Re: Can Tambuwal Be Impeached? by MudRaker: 3:10pm On Oct 30, 2014 |
menabadoo: The speaker is not subject to impeachment. The process leading to assuming officers can not be easier than that leading to removal. Tambuwal has shot himself in the foot. The Nigerian Police is the first legal authority to enforce section 68(g). Other institutions such as the presidency, Judiciary will automatically adopt section 68(g). What remains is the election of a suitable replacement. |
Re: Can Tambuwal Be Impeached? by Nobody: 3:15pm On Oct 30, 2014 |
MudRaker:i see, then he must be stvpid for not knowing the constitution as a speaker. he should have gone through the constitution before deciding to defect. |
Re: Can Tambuwal Be Impeached? by hardywaltz(m): 3:20pm On Oct 30, 2014 |
The Constitution is very clear Section 50 (2) The President or Deputy President of the Senate or the Speaker or Deputy Speaker of the House of Representatives shall vacate his office - (a) if he ceases to be a member of the Senate or of the House of Representatives, as the case may be, otherwise than by reason of a dissolution of the Senate or the House of Representatives; or (b) when the House of which he was a member first sits after any dissolution of that House; or (c) if he is removed from office by a resolution of the Senate or of the House of Representatives, as the case may be, by the votes of not less than two-thirds majority of the members of that House. Section 68 (g) which the op is trying to confuse people with is currently before the courts of appeal and Supreme court so till there's a pronouncement from the courts Tambuwal remains the Speaker. 1 Like |
Re: Can Tambuwal Be Impeached? by MudRaker: 3:20pm On Oct 30, 2014 |
menabadoo: The man is depending on his trickery and stalling. If he thinks he can take the House for a ride then he is really daft. The most silly aspect of this story is that Tambuwal has now shelved his Presidential aspiration for that of Governor of Sokoto. This shows how naive he is to step down from Number 4 to be a mere Governor. I guess it is because he was actually handed the office of speaker on a platter of gold. 1 Like |
Re: Can Tambuwal Be Impeached? by akinsadeez(m): 3:23pm On Oct 30, 2014 |
The only thing possible is for his seat to be declared vacant in line with section 68(g). However this issue of declaration of seat as being vacant is a matter that is still in court till now and it has even gone on appeal to the court of appeal. Even if the court enforces that section, it will also affect PDP as they will lose those who have decamped to PDP e.g governor Mimiko. Furthermore the section allows an exception where the defctor's party is in crisis. Tambuwal can also claim that his party in Sokoto has been split into two. I.e the Shagari and Bafarawa camps there by necessitating his defection. Whether that will fly is another matter entirely |
Re: Can Tambuwal Be Impeached? by MudRaker: 3:25pm On Oct 30, 2014 |
akinsadeez: Tambuwal decleared for APC just yesterday. Claiming a factional member won't fly since the PDP will present evidence that Tambuwal has defected. His defection may set the first legal precedence. |
Re: Can Tambuwal Be Impeached? by hardywaltz(m): 3:28pm On Oct 30, 2014 |
MudRaker:All evidence are presented in court not on the internet. PDP should head to court to show that the second paragraph of the Section 68 (g) is not applicable. |
Re: Can Tambuwal Be Impeached? by dotna(m): 3:28pm On Oct 30, 2014 |
Only and only by following the legal procedures stipulated in the constitution. Any other method or mago mago will results to a new Season 2 of River state house of Assembly saga |
Re: Can Tambuwal Be Impeached? by MudRaker: 3:29pm On Oct 30, 2014 |
hardywaltz: On the contrary, PDP will want to enforce section 68(g). They have given Tambuwal a period of grace like that which was extended to Sanusi, Salami and Nyako to resign honorably. |
Re: Can Tambuwal Be Impeached? by Nobody: 3:39pm On Oct 30, 2014 |
hardywaltz:Tambuwal should be the one to go to court to contest his removal. He is no longer the speaker 1 Like |
Re: Can Tambuwal Be Impeached? by hardywaltz(m): 3:41pm On Oct 30, 2014 |
MudRaker:The only other way to enforce section 68(g) is for the Speaker or Senate President to declare a legislators or senators seat vacant by writing to the Chairman of INEC anything other than that is a judgement from a court of competent jurisdiction and still subject to the Speaker or Senate President's approval just like David Mark did with Joy Emordi refusing to declare her seat vacant even after the Court of Appeal had given a ruling. That seat (Speakership) holds a lot of weight. |
Re: Can Tambuwal Be Impeached? by akinsadeez(m): 3:43pm On Oct 30, 2014 |
MudRaker: You don't seem to understand me. The issue is not whether he has defected or not....the whole world knows he has defected. What I am saying is that he might be able to use the excuse that PDP in sokoto state is divided into two factions and that he was thus legally able to defect as stated in the constitution. So I don't understand how PDP presenting evidence that he has defected will defeat that. |
Re: Can Tambuwal Be Impeached? by taiwoflb: 3:51pm On Oct 30, 2014 |
he can, and he should |
Re: Can Tambuwal Be Impeached? by MudRaker: 3:51pm On Oct 30, 2014 |
akinsadeez: The constitution is clear. It states the pre-condition for change of party affiliation. A factional party i.e. a party with parallel leadership contest but claiming the same party as in the case of the nPDP. The nPDP is not a seperate party but a faction of the PDP as the nPDP did not apply to INEC for registration. The other condition is where a party merges with others to form a new party just as the way the ACN merged with CPC to form the APC.
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Re: Can Tambuwal Be Impeached? by dunkem21(m): 3:53pm On Oct 30, 2014 |
MudRaker: Forgetting that section 68 > 50. |
Re: Can Tambuwal Be Impeached? by MudRaker: 3:55pm On Oct 30, 2014 |
dunkem21: Section 68(G) does not require a vote. It is automatic in it's application. Read it again |
Re: Can Tambuwal Be Impeached? by dunkem21(m): 4:06pm On Oct 30, 2014 |
MudRaker: We are saying the same thing. Section 68 is the elder brother of section 50. |
Re: Can Tambuwal Be Impeached? by MudRaker: 4:08pm On Oct 30, 2014 |
dunkem21: OK. I confused the "greater than" sign to that of the "less than" sign. |
Re: Can Tambuwal Be Impeached? by tit(f): 4:12pm On Oct 30, 2014 |
PDP cannot, directly, impeach Tambuwal. They do not have the 2/3 majority or the 240 votes to get it done directly. However, they remove Tambuwal as speaker by other means. Withdrawing his security detail and access to the speaker's office is one way. They could then go ahead to pass a vote of no confidence which only requires majority vote and then elect a new speaker. They could announce an inquest like they did to Okadigbo and get rid of him. Gbajamillha can make all the noise he likes. |
Re: Can Tambuwal Be Impeached? by Nobody: 4:14pm On Oct 30, 2014 |
tit:did u read the op's post at all? 1 Like |
Re: Can Tambuwal Be Impeached? by tit(f): 4:14pm On Oct 30, 2014 |
Meanwhile, Tambuwal is the one that had prevented justice being done to defecting lawmakers in the House. with his removal, all those pdp defectees can take an early okada to their villages. 1 Like |
Re: Can Tambuwal Be Impeached? by tit(f): 4:14pm On Oct 30, 2014 |
menabadoo:no. just the title. |
Re: Can Tambuwal Be Impeached? by Nobody: 4:26pm On Oct 30, 2014 |
1 Like |
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