...Justifies defection of Ahmed, Ortom, Tambuwal

...Says APC lacks moral rights to question lawmakers’ defection

By Gboyega Akinsanmi

A human rights lawyer, Mr. Femi Falana has said the All Progressives Congress (APC) cannot remove the Senate President, Dr. Bukola Saraki without the required two-third majority of the entire members of the upper chamber of the National Assembly.

Falana, a Senior Advocate of Nigeria (SAN), has also justified the defection of Governors AbdulfatahAhmed, Samuel Ortom and Aminu Tambuwal of Kwara Sokoto, Benue and States from the APC to the Peoples Democratic Party (PDP), citing a precedent by the Supreme Court.

He canvassed these positions in a statement he issued yesterday, stressing that even though the defection of the Reformed APC (R-APC) lawmakers was illegal and unconstitutional, the APC “lacks the moral and political right to condemn their defection to the PDP.”

Due to irreconcilable differences that plagued the APC just after the 2015 elections, the last fortnight has witnessed the defection of Saraki, Ahmed, Ortom, Tambuwal and scores of lawmakers in the National Assembly and State Houses of Assembly to the PDP.

Consequently, the PDP alleged that the federal government and the APC had started shopping for “a fraudulent interim court order to declare vacant the seat of the Senate President following his defection from the APC to the PDP.

In a three-page statement, the senior advocate cautioned against the illegal plot to remove Saraki as the Senate President, lamenting that the crisis of misgovernance in the country “has been accentuated by the official impunity of members of the ruling class.”

He also lamented that the executive “is justifying disobedience of court orders while legislators regularly suspend their colleagues and carry out impeachment of governors outside the ambit of the 1999 Constitution of the Federal Republic of Nigeria.”

On the alleged plot to remove Saraki, Falana noted that section 52 of the 1999 Constitution provided the requirements for the impeachment of the Senate President and the Deputy Senate President, which should be fulfilled to remove Saraki.

Specifically, Falana explained that the section “provides that the Senate President and the Deputy Senate President can only be removed by the resolution supported by the votes of not less two- thirds majority of the entirety of the members of the Senate.”

The senior lawyer noted that since the APC legislators “cannot muster the required two-third majority of the votes of the entire members the plan to impeach Senator Saraki should be dropped forthwith.”

The human rights activist explained that the scenario playing out in the Senate was without precedent in our political history, though explained how the accord between the National Party of Nigeria (NPN) and Nigeria Peoples Party (NPP) collapsed in the Second Republic.

Falana added that when the accord collapsed in the Second Republic, the Speaker of the House of Representatives, Hon. Ume Ezeoke of the NPP, a minority party in the lower chamber of the National was not forced to resign.

He explained that the election of Tambuwal as the Speaker of the House of Representatives was made possible by the alliance of the APC and defunct Action Congress of Nigeria (ACN) legislators.

Falana added that when he decamped from the PDP to the APC, Tambuwal was not asked “to step down from the office of the Speaker. Therefore, the APC should stop from demanding the resignation of Saraki as Senate President.”

On the governors’ defection, Falana observed that the 1999 Constitution “is silent on defection by the president and state governors from the political parties which sponsored their election.”

He, however, cited a decision of the Supreme Court in a case between Atiku Abubakar v Attorney General of the Federation (2007), which upheld that Abubakar’s defection from the PDP to the defunct ACN was not illegal and unconstitutional.

Contingent on this judicial precedent, Falana said the decision of governors “to dump the political parties which sponsored their elections was not challenged.

“I have therefore, canvassed the argument that the defection of Tambuwal, Ortom and Ahmed from the APC to the PDP cannot be said to be illegal or unconstitutional,” he added.

Also citing the decision of the Supreme Court in a case between Abegunde v Ondo State House of Assembly (2014), the senior advocate admitted that the defection of the R-APC legislators from the APC to the PDP and ADC “can be impugned under section 68 (1) (g) of the 1999 Constitution.”

Since the APC had allowed legislators to decamp from the PDP to join its fold recently, Falana noted that the ruling APC “lacks the moral and political right to condemn the defection of the R-APC legislators”.

“But the crass opportunism of the APC cannot legitimise the prostitution of the political system,” he said.

“Having decamped from the APC, which sponsored their elections, the R-APC defectors ought to resign from the legislative houses and seek a fresh mandate from the electorate. In order to curb the dangerous trend, some aggrieved members of the constituencies of the defectors ought to contest the legal validity of the refusal to resign from the affected legislative houses,” Falana suggested.

https://www.thisdaylive.com/index.php/2018/08/06/falana-apc-cant-remove-saraki-without-two-third-majority/amp/

Do the maths.


for US used iPhone6 64gb. Check signature. Ilorin.

Makes it an almost impossible to remove him, but this is Nigeria.

Its very obvious, no amount of rigmarole can change that.

Its quite obvious Nigeria is finally getting into two party system.

We can categorically tag from behavioral tendencies that:

APC - Republicans.
PDP - Democrats.
Others - Labour.

Oga falana APC wants to use political magic to acheive that

Let us see how it all plays out. I remember what happened in Rivers state house of assembly during Amaechi's last days under the cover of strength provided by Jonathan's Federal government.

Anything and everything is possible.

Okowa warming up for transfer o heard.

Corrinthians:
Let us see how it all plays out. I remember what happened in Rivers state house of assembly during Amaechi's last days under the cover of strength provided by Jonathan's Federal government.

Anything and everything is possible.

Okowa warming up for transfer o heard.

Saraki will never be removed. Better face the hard fact

Should APC fail in the impeachment process even after the defection of apkabio an the rest, then it would be a great shame to them. If malami and CCT failed, if omoagege the mace stealing senator failed, IGP transmission failed, Apkabio better get it right for them, or else it is a great ridicule

I firmly believe APC are not that dump not to know this. All the reports saying they want Saraki removed are just media reports.

But trust me Tinubu would finally end Saraki's political career, it is just a matter of time.

Chuksonyeike:

Saraki will never be removed. Better face the hard fact

Calm down. No need shouting. Let's see how things pan out in the weeks ahead. Never underestimate the might of the FG (Executive).

So this is now d new gimmick. Every 4yrs the ruling party in Nigeria breaks up, forms a parallel party and recontests. Smh. And gullible folks will still be following them

Corrinthians:
Calm down. No need shouting. Let's see how things pan out in the weeks ahead. Never underestimate the might of the FG (Executive).

I think Buhari himself know the implication of such and won't forcefully remove Saraki unless there is a legal means that can be harnessed.

But watch and see, Saraki will be totally ruined.

Corrinthians:
Calm down. No need shouting. Let's see how things pan out in the weeks ahead. Never underestimate the might of the FG (Executive).

You are the one underestimating the might of Nigeria. Buhari will never be able to pull up gestapo tactics at the national level. The last one he attempted ended very badly for him.The so-called might of the FG is not stronger than our laws. Its not even as if the impeachment votes could be rigged. Similar things were said about Ekweremadu in 2015.Three years later he is still DSP

abescom:
I think Buhari himself know the implication of such and won't forcefully remove Saraki unless there is a legal means that can be harnessed.
But watch and see, Saraki will be totally ruined.

You forget you are dealing with Saraki the master of cunning tactics.Underate him at your own peril

Chuksonyeike:
You forget you are dealing with Saraki the master of cunning tactics.Underate him at your own peril

You forgot Tinubu is still on Buhari's side and he is Saraki's grandfather politically?

abescom:
You forgot Tinubu is still on Buhari's side and he is Saraki's grandfather politically?

Saraki has already disgraced Tinubu in one of the greatest political Master stroke ever.He already proven to be a lot smarter than him.Tinubu was only Saraki's political grandfather in your dreams

This man made some points but the problem here is that the APC are so much in desperation to remove saraki

It only gets better by the day.


The suspense is intriguing.


Let's see how the party, APC that is desperate to remain in power even at the cost of human lives and disobedience to court rulings, handle this.

princeSammyz:
Makes it an almost impossible to remove him, but this is Nigeria.

where 4 is greater than 12

Chuksonyeike:

You are the one underestimating the might of Nigeria. Buhari will never be able to pull up gestapo tactics at the national level. The last one he attempted ended very badly for him.The so-called might of the FG is not stronger than our laws. Its not even as if the impeachment votes could be rigged. Similar things were said about Ekweremadu in 2015.Three years later he is still DSP

K.

Talking from both sides of the mouth. mtcheew

I agree with Falana here

Saraki should be impeached for negligence of duty if he does not reconvene the senate. Let us forget about 2/3 of the house. He got voted without 2/3 of the full house and should not be suprised if the APC senate members alone impeach him. The aftermath will be taken to court

Falana & Sagay are still double-tongued shameless hypocrites stooges of the APC government.. They cant even hide their sycophancy & partisanship.

https://www.google.com/amp/s/www.vanguardngr.com/2018/08/saraki-tambuwal-others-defection-unconstitutional-falana/amp/

https://www.nairaland.com/1992159/tambuwal-should-not-vacate-seat#27922316

Why's this man speaking from both side of his mouth?

Whole world knows it.

Nigerians as you all can see Nigeria is now on confirmed Auto- Pilot, no governance.

It is now all about next year election, who is defecting VS who is staying.

Please there is no difference between 2017 and 2018, no improvement in any sector of this country.

Let the game continue

phemmyfour:
where 4 is greater than 12

correct

Lol.... Saraki the game changer