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Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker - Politics (4) - Nairaland

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Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Sibabasibaba1: 8:22am On Oct 29, 2014
pendy79:


I don't know of any faction in APGA since the court of appeal verdict. Umeh remains the only and substantive chairman of APGA. Will the Reps who defected to PDP from APGA go back there?

There will be multiple faction in Ondo. The battle line is drawn based on the directive of the NWC to lock up the secretariat which clearly states there are various groups claiming superiority. On what grounds will the PDP dissolve a properly elected and constituted exco just because they want to hand over structure to a governor.
Do we have crisis in labour party too? Didn't Political office holders defect from Labour Party to.PDP.

Nothing is gonna happen to the speaker except he willingly and voluntarily step down.

--------------------------------------

Maxi Okwu is still in court over APGA and he still parades himself as APGA chairman. There has yet to be factions in Ondo PDP. Any thing you are saying in thar regards is mere conjecture.

Now, if Labour Party wishes not to call on INEC to declare vacant the seats of their former members who have defected to another party, that's there business. In law, it is said that equity aids the vigilant.


Remember when many PDP reps defected to APC and PDP went to INEC many of the reps returned because they knew the implications, especially after the court ruled that the newPDP was not a faction.
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Nobody: 8:23am On Oct 29, 2014
DTaj:

One wonders the fuss about the Speaker's defection. It is an axiom that 'politics is essentially local'. The man's mentor, Governor Wammako, had long left PDP for APC; every member of the Sokoto House of Assembly, and majority of the members of the National Assembly from Sokoto State had also done so long ago. And the man is interested in the Sokoto governship, what does PDP expect him to do? Remain in PDP to face Shagari (Wammako's Deputy who remained in the PDP) in the primaries?

The man even respected PDP for staying this long in their party almost a year after his State Governor, the entire Sokoto State House of Asembly, and majority of his Sokoto legislators had left...

The expectation of PDP is akin to expecting Governor Abdulfatah Ahmed of Kwara State to remain in PDP after Senator Bukola Saraki left PDP for APC! He will be history!

This is pragmatic politics in action, aside that Tambuwal has NOT breached any part of the Constitition!

What the PDP expects him to do is to resign as Speaker and concentrate on his so-called gubernatorial ambition. This is because the Speakership essentiallly belongs to the PDP - as the majority party in the House of Representatives. How difficult is that to understand? He can worship any local Sokoto deity that is his 'mentor'; that is not the PDP's business. . . .as long as he surrenders the Speakership. You cannot have your cake and eat it too. That's the simple idea.

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Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by lawrenceunaa: 8:26am On Oct 29, 2014
No concern cos it's non of my business. But

Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by ciceroo: 8:29am On Oct 29, 2014
paramedic:
Can we just move on from this man's defection?
This brouhaha about his defection is becoming too boring!!! Argh
pdp has no case whatseover against the speaker,they should burry their heads and count their loses,but the way politicians move these days is shameful and calls for the qusetion of loyalty and intergrity,u wouldn't find this is developed countries like the united states.
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by OVI75(m): 8:31am On Oct 29, 2014
TAMBUWAL,WHETHER HE CHOSES RESIGN OR NOT WL BE OUSTD FRM D SPEAKERSHP OF D HOUSE.HE WS NT SURPOS TO B DRE BY PDP ARANGEMENT.
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Mclick(m): 8:34am On Oct 29, 2014
Clerverly:
I read an article somewhere, where Oliseh Metuh of PDP, called for the resignation of Hon. Tambuwal for ditching a party on whose majority he rose to the office of the speaker house of Representative.

In his exact words: “After a thorough consideration of the matter, the NWC came to a conclusion that the Hon. Speaker, as a responsible elected officer, knows full well what is needful and honourable of him since his new party is in the minority [in the House]” he said.

I have also read some comments offline and online, when some ignorant/paid commentators have started insinuating that Hon Tambuwal May lose his office for simply not fulfilling the requirements of the law as regards the position of speaker.

It is very unfortunate that some Nigerians including public office holders are too lazy, to read the elementary sections of our Constitution, some of which are self explanatory.

Now, let us examine what Chapter V, Part 1 (Composition Of National Assembly) sections 47 -50 of the Constitution Of The Federal Republic Of Nigeria holds:


There shall be a National Assembly for the Federation which shall consist of a Senate and a House of Representatives.

48. The Senate shall consist of three Senators from each State and one from the Federal Capital Territory, Abuja.

49. Subject to the provisions of this Constitution, the House of Representatives shall consist of three hundred and sixty members representing constituencies of nearly equal population as far as possible, provided that no constituency shall fall within more than one State.

50. (1) There shall be:-

(a) a President and a Deputy President of the Senate, who shall be elected by the members of that House from among themselves; and

(b) a Speaker and a Deputy Speaker of the House of Representatives, who shall be elected by the members of that House from among themselves.

(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.

So where did PDP find the supposedly "loophole" or authority in law, in asking Hon. Tambuwal to resign? The only option left for them, is to rally their members and see if they can muster the required number when plenary resumes in decemeber, in order to satisfy Section 50, subsection 2 C as highlighted above.

Anything else is calling for anarchy!

CC; Barcanista, Omenka, Berem, Obiagelli, Neenar, Donphilopus, ibsultan, Gbawe,pataki, edcure, pendy97, and the progressives!

I thought as much
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Babaflenjor: 8:39am On Oct 29, 2014
UUUUUUUPPPPPPPPPPPPPP. CHELSEEAAAAAAA CHELSEA FOR LIFEEEEEEEE









Oh I've 4goten I'm not on sport section ...........









But manage am











We won yesterday










And I never celebrate








Tambuwal or no Tambuwal


Its all game whoever won



Celebrate




Simple
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Omimah: 8:42am On Oct 29, 2014
pro01:

What the PDP expects him to do is to resign as Speaker and concentrate on his so-called gubernatorial ambition. This is because the Speakership essentiallly belongs to the PDP - as the majority party in the House of Representatives. How difficult is that to understand? He can worship any local Sokoto deity that is his 'mentor'; that is not the PDP's business. . . .as long as he surrenders the Speakership. You cannot have your cake and eat it too. That's the simple idea.
I'm sure you didn't read the OP, or you just decided to show how clannish you are. Section 50 (1) (b) of the Constitution says: "a Speaker and a Deputy Speaker of the House of Representatives, who shall be elected by members of that House from among themselves." There is no place in the Constitution where it is stated that the position of the Speaker is the exclusive preserve of the party with the majority.

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Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by patrickmuf(m): 8:43am On Oct 29, 2014
Montaque:
Op. Its obvious you have not seen Section 68(1)g of the CFRN. I guess you were guilty of the same laziness. Now listen,according to that provision,a member of the Senate or HOR SHALL vacate his seat as a MEMBER if ...being a Person whose election to the house was sponsored by a political party(PDP),he cross-carpets to another political party(APC) before the expiration of the legislative period of 4years as a Legislature. Presently,there is no division in pDP neither was there a merger of PDP and another party,this is the only exception created.
So Alhaji Tambuwal needs to obey the CFRN by vacating his membership of the house,not even his speakership,and an election conducted to fill in that vacancy.
Problem is you didn't quote this section of the constitution when members of the opposition decamped to the PDP... How can you be this insincere?
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Sibabasibaba1: 8:45am On Oct 29, 2014
Clerverly:


The thread is about the office of the Speaker not about Tambuwal as a member of house of rep! Before now, many people believed you can only become a speaker, if your party had the majority of Members in the house, whereas as the constitution didn't say so.

Did you also read where, Oliseh Metuh-the PDP spokesman called for the resignation of Tambuwal citing the minority status of his new party?
----------------------------
You cannot occupy the office of the speaker of the HoR without being a rep.

What Olisa Metu used is a rhetorical device called enthymeme.

My problem with your post is that you would have made your point and leave it for debate without insulting PDP members. That does bode well with people of goodwill. Ditto for PDP members whose posts are filled with insults on APC members. The insults mask whatever point in the post. Yea, there can be a line of funny banters but not heaps of insults.

Shalom!
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by MrKevinBig(m): 8:50am On Oct 29, 2014
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
good one there! What was Anenih doing in Sokoto state weeks back if there's is no faction in the Sokoto state chapter of PDP where Tambuwal heirs from? On that premise he decamped. Check records.
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by mekatroniks(m): 8:53am On Oct 29, 2014
paramedic:
Can we just move on from this man's defection?
This brouhaha about his defection is becoming too boring!!! Argh

pretty xup
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by ayindejimmy(m): 9:07am On Oct 29, 2014
Omimah:
It's obvious PDP is full of dead heads. What does it cost the image maker of the party, Metuh to go through the Constitution?
common sense i guess...which isnt also common
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Paentera(m): 9:09am On Oct 29, 2014
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

How about quoting the specific section of the constitution as the OP has done rather than being lazy and regurgitating hear say?
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Nobody: 9:09am On Oct 29, 2014
Omimah:

I'm sure you didn't read the OP, or you just decided to show how clannish you are. Section 50 (1) (b) of the Constitution says: "a Speaker and a Deputy Speaker of the House of Representatives, who shall be elected by members of that House from among themselves." There is no place in the Constitution where it is stated that the position of the Speaker is the exclusive preserve of the party with the majority.

You have no idea what 'convention' means, do you? By global convention, the majority party in parliarment ALWAYS produces the Speaker/Senate President/Prime Minister and so forth, as the case may be. Not everything must be explicitly stated in the constitution.

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Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Omimah: 9:18am On Oct 29, 2014
pro01:


You have no idea what 'convention' means, do you? By global convention, the majority party in parliarment ALWAYS produces the Speaker/Senate President/Prime Minister and so forth, as the case may be. Not everything must be explicitly stated in the constitution.
I'm sure you don't know that the section 1 of the Constitution says, "This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria."
Are you aware that the Speaker of the House of Common in the United Kingdom ceases to be a member of any political party immediately he emerges Speaker?
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by iyaniwura1: 9:19am On Oct 29, 2014
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

And for FYI, there are factions of PDP in Sokoto (the speaker's state of origin). That's why Tony Anenih was there for a reconciliation meeting recently; and the speaker was not even invited. So, the best the PDP can do: go to court.
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by BruzMoney(m): 9:20am On Oct 29, 2014
yousee:


This is what happens when people refuse to read.
Pls, I will advice everyone to download the Constitution on their mobile devices for easy access.

Pls where can I download it??
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by naijareferee: 9:20am On Oct 29, 2014
please op....don't fool the ignorant. please read number or letter g of that same section 50 you quoted. I hate selective criticism.
I think tanbuwaal knows the law too well, that is why he waited until the next house sitting was adjourned to December 3 before making his defection....knowing well that when the house resumes, members will be too busy with elections than his defection.
Don't forget the matter is still in court and that letter g you omitted will be evoked to judgement.
Pls discontinue from spreading selective constitutional activism to suit your party

1 Like

Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by AZeD1(m): 9:23am On Oct 29, 2014
pro01:


You have no idea what 'convention' means, do you? By global convention, the majority party in parliarment ALWAYS produces the Speaker/Senate President/Prime Minister and so forth, as the case may be. Not everything must be explicitly stated in the constitution.
Did you just say convention? The law did not specifically say that the speaker must come from the majority and that is all that matter, anything outside that is market woman gist because it won't fly in a law court.
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by ayindejimmy(m): 9:24am On Oct 29, 2014
Montaque:
Op. Its obvious you have not seen Section 68(1)g of the CFRN. I guess you were guilty of the same laziness. Now listen,according to that provision,a member of the Senate or HOR SHALL vacate his seat as a MEMBER if ...being a Person whose election to the house was sponsored by a political party(PDP),he cross-carpets to another political party(APC) before the expiration of the legislative period of 4years as a Legislature. Presently,there is no division in pDP neither was there a merger of PDP and another party,this is the only exception created.
So Alhaji Tambuwal needs to obey the CFRN by vacating his membership of the house,not even his speakership,and an election conducted to fill in that vacancy.
You are certainly the laziest critic on this issue. There's currently a friction in Sokoto PDP. Tony Anineh recently had a meeting wit PDP stake holders in Sokoto in order to resolve their differences howeva Tambuwal wasnt invited. That was why he attended the meeting the Governor called.
The speaker is certainly a calculative thinker and i can bet u this is premeditated. He has PDP exacly where he wants them.
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Clerverly: 9:24am On Oct 29, 2014
pro01:


You have no idea what 'convention' means, do you? By global convention, the majority party in parliarment ALWAYS produces the Speaker/Senate President/Prime Minister and so forth, as the case may be. Not everything must be explicitly stated in the constitution.

Who is still listening to this guy?
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Toktee(m): 9:26am On Oct 29, 2014
patriotic007:
when i see our so called progressives rejoice that people like tambuwal.sylva.atiku.yako.has joined them i jus bow my head in shame........these people are corrupt waste products from PDP..........they decamp and suddenly they become saints and progressives.........mtchew
if mr devil repent today and go back to God,he will be wellcome,,,,so pls,stop crying,it is nt time yet,waite after election.
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by D9ty7(m): 9:27am On Oct 29, 2014
Exactly my point. APSh!t believes the members of the rulling party are corrupt and not progressive. But immediately they decamp to APSh!t, they become progressive. I know its only a matter of time when these visiting polithiefians(those that decamped from the ruling party) will hijack the party leadership. Saraki, Amaechi.
patriotic007:
when i see our so called progressives
rejoice that people like tambuwal.sylva.atiku.yako.has joined them i
jus bow my head in shame........these people are corrupt waste products
from PDP..........they decamp and suddenly they become saints and
progressives.........mtchew
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by 500samuel(m): 9:37am On Oct 29, 2014
eleko1:
angry sad sadWonder if the same constitution/useless law is diff when the thief in Alagbaka govt house decamp'ed' to PDP.Dis Jonathanians self

the Constitution never made mention of executive decamping grin grin grin grin
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Nobody: 9:41am On Oct 29, 2014
Omimah:

I'm sure you didn't read the OP, or you just decided to show how clannish you are. Section 50 (1) (b) of the Constitution says: "a Speaker and a Deputy Speaker of the House of Representatives, who shall be elected by members of that House from among themselves." There is no place in the Constitution where it is stated that the position of the Speaker is the exclusive preserve of the party with the majority.

If you read section 68 of the same constitution you would have realized Tambuwal ceased to be a HOR

member d moment he decamped to APC
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by rodbel(m): 9:43am On Oct 29, 2014
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

Kindly reference the chapter, section or subsection bros!
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by ocholawealth(m): 9:44am On Oct 29, 2014
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.
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Nobody: 9:44am On Oct 29, 2014
ayindejimmy:

You are certainly the laziest critic on this issue. There's currently a friction in Sokoto PDP. Tony Anineh recently had a meeting wit PDP stake holders in Sokoto in order to resolve their differences howeva Tambuwal wasnt invited. That was why he attended the meeting the Governor called.
The speaker is certainly a calculative thinker and i can bet u this is premeditated. He has PDP exacly where he wants them.
Just wait till the house resumes then you will see the mother of all crisis
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Nobody: 9:45am On Oct 29, 2014
AZeD1:

Did you just say convention? The law did not specifically say that the speaker must come from the majority and that is all that matter, anything outside that is market woman gist because it won't fly in a law court.

Who is talking about a law court? We're talking about conventions accepted worldwide as standard practice. . . we're talking about good old pollitics here. And the political solution to Tambuwal's dishonourable behaviour is to remove him by any means, legal or extra-legal. That's what's up.

Meanwhile, what would "fly in court" is that he defected from the party on whose platform he was elected into the HoR - even though there is clearly no division or FACTION in the party (which is the only exculpatory condition stipulated by the constitution for such action)..
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Abbey2sam(m): 9:47am On Oct 29, 2014
soroptimist:
Jonathanians are so daft and bereft of knowledge about the dictates of the Constitution.

To them,anyone that is against their Lord and Saviour GEJ must be crushed even if it means trampling on the constitution

nawa o......Your English go fit kill this pdps

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