Doyin2:

The constitution of Nigeria is very clear. Tambuwal is still the speaker of the house!

Section 68(1) and 68(2) should be read together:

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;
(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
(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.

(2) The President of the Senate or the Speaker of the House of Representatives, as the case may be, shall give effect to the provisions of subsection (1) of this section, so however that the President of the Senate or the Speaker of the House of Representatives or a member shall first present evidence satisfactory to the House concerned that any of the provisions of that subsection has become applicable in respect of that member.



The intention of the law is also clear.According to section 68(2),Only the speaker SHALL implement section 68(1),upon any other member of the house.

I am of the humble opinion that the law intended to distinguish the SPEAKER from an ordinary member of the house.

LONG LIVE THE FEDERAL REPUBLIC OF NIGERIA!

The President of the Senate or the Speaker of the House of Representatives, as the case may be, shall give effect to the provisions of subsection (1) of this section

This is the key point.
Neither the president nor the IGP has the constitutional right to give effect to Section 68(1).

Thanks to Doyin2


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The speaker of the house announced his defection.
He thereby satisfied the requirements of subsection 2 which gave effect to the provisions of subsection 1.
If tambuwal had allowed a spox to announce his defection, you may have a leg to stand on.

tit:
The speaker of the house announced his defection.
He thereby satisfied the requirements of subsection 2 which gave effect to the provisions of subsection 1.
If tambuwal had allowed a spox to announce his defection, you may have a leg to stand on.

And your point is?

tit:
The speaker of the house announced his defection.
He thereby satisfied the requirements of subsection 2 which gave effect to the provisions of subsection 1.
If tambuwal had allowed a spox to announce his defection, you may have a leg to stand on.

can I marry you

wicked response there!

tit:
The speaker of the house announced his defection.
He thereby satisfied the requirements of subsection 2 which gave effect to the provisions of subsection 1.
If tambuwal had allowed a spox to announce his defection, you may have a leg to stand on.

The law is clear, the IGP has no constitutional right to declare who occupies a seat in the HOA. For as long as there's no pronouncement from the HOA that the seat is vacant, the IGP cannot act on hearsay.

That's the law, simple, clear and precise.

abes:


The law is clear, the IGP has no constitutional right to declare who occupies a seat in the HOA. For as long as there's no pronouncement from the HOA that the seat is vacant, the IGP cannot act on hearsay.

That's the law, simple, clear and precise.

the acting IGP did not declare any seat vacant.
Like every other Nigerian, he heard Mr. Tambuwal announce his defection in the hallowed chambers of the house.
Like a good citizen who witnesses an infraction of the law,
he has taken the best steps to protect the constitution and the public.
Mr. Tambuwal announced his defection and made his seat vacant.

mikeansy:


can I marry you

wicked response there!

I have three kids

tit:


I have three kids

so? why are all the good ones taken.no fair.

mikolo80:
so? why are all the good ones taken.no fair.

YES OH!

Diaris God sha

mikeansy:


YES OH!

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anago900, bigass, donphilopus, berem, desola ,
demdem , lakpalakpa , whitecat007 , sweetlemon ,
lakpalakpa, omenka, ShehuAba , omenka , Rawani
tribaleast kolaaderin soroptimist and all
Progressives[/size]

Hmmm, seems the devil has gone home to bring his children.

tit:


the acting IGP did not declare any seat vacant.
Like every other Nigerian, he heard Mr. Tambuwal announce his defection in the hallowed chambers of the house.
Like a good citizen who witnesses an infraction of the law,
he has taken the best steps to protect the constitution and the public.
Mr. Tambuwal announced his defection and made his seat vacant.

You still don't get it.

The IGP responsibility is to provide security to the occupier of the seat (speaker in this case), the occupier of the seat is determined by HOA, until the seat is declared vacant by the HOA, the IGP has no constitutional right to assume the seat is vacant.

simple, clear and precise.

abes:


You still don't get it.

The IGP responsibility is to provide security to the occupier of the seat (speaker in this case), the occupier of the seat is determined by HOA, until the seat is declared vacant by the HOA, the IGP has no constitutional right to assume the seat is vacant.

simple, clear and precise.

where did you see this requirement for a declaration by the HOA is our constitution?
The subsection 68(2) only requires action from the speaker,
(which is fulfilled by the speaker announcing his defection,
- if we help you marry husband, na we go open yar legs for am?),
nothing calls for a declaration by the HOA as an entity.
Again which subsection calls for that?

The acting IGP deserves to be made a SAN, a professor of constitutional law of the National Open University and a supreme court justice all at once.

tit:


where did you see this requirement for a declaration by the HOA is our constitution?
The subsection 68(2) only requires action from the speaker,
(which is fulfilled by the speaker announcing his defection,
- if we help you marry husband, na we go open yar legs for am?),
nothing calls for a declaration by the HOA as an entity.
Again which subsection calls for that?

The acting IGP deserves to be made a SAN, a professor of constitutional law of the National Open University and a supreme court justice all at once.

I won't give up on you yet..

I believe you understand the speaker cannot make a pronouncement from his bedroom, it has to be from the HOA with a sitting quorum.

Now tell me, was his announcement for defection done in the HOA?

Let's start from this...

story

abes:


I won't give up on you yet..

I believe you understand the speaker cannot make a pronouncement from his bedroom, it has to be from the HOA with a sitting quorum.

Now tell me, was his announcement for defection done in the HOA?

Let's start from this...

next thing you will ask me whether Jonathan announces govt policy from his parlor.
or whether FOX News correspondents were there when tambuwal defected.
Has the speaker not defected?

tit:


next thing you will ask me whether Jonathan announces govt policy from his parlor.
or whether FOX News correspondents were there when tambuwal defected.
Has the speaker not defected?

I'm not going to ask those questions because they are irrelevant to the discussion here.

Again:

abes:

I believe you understand the speaker cannot make a pronouncement from his bedroom, it has to be from the HOA with a sitting quorum.
Now tell me, was his announcement for defection made in the HOA?
Let's start from this...