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
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.

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

Na wa o for the bolded.

hmmm.

dix is Nigeria...a country wia nothing is imposibu

You cannot impeach someone who is not a member of the HOR

taiwoflb:
It's obvious in the constitution naw

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.

dunkem21:
Na wa o for the bolded.

hmmm.

Meanwhile, the APC urchins created a useless thread and conveniently omitted section 68(g)

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!
https://www.nairaland.com/1971447/tambuwal-what-1999-nigerian-constitution#27537432

i see no reason why he should be impeached.

party defection shouldn't be a prerequisite for his impeachment.

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.

menabadoo:
i see no reason why he should be impeached.
party defection shouldn't be a prerequisite for his impeachment.

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.

MudRaker:


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.

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.

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.

menabadoo:
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.

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.

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

akinsadeez:


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

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.

MudRaker:


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.

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.

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

hardywaltz:

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.

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.

hardywaltz:

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.

Tambuwal should be the one to go to court to contest his removal. He is no longer the speaker

MudRaker:


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.

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.

MudRaker:


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.

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.

he can, and he should

akinsadeez:



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.

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.

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...

MudRaker:


Meanwhile, the APC urchins created a useless thread and conveniently omitted section 68(g)

Forgetting that section 68 > 50.

dunkem21:


Forgetting that section 68 > 50.

Section 68(G) does not require a vote. It is automatic in it's application.

Read it again

MudRaker:


Section 68(G) does not require a vote. It is automatic in it's application.

Read it again

We are saying the same thing. Section 68 is the elder brother of section 50.

dunkem21:


We are saying the same thing. Section 68 is the elder brother of section 50.

OK. I confused the "greater than" sign to that of the "less than" sign.

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.

tit:
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.

did u read the op's post at all?

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.

menabadoo:
did u read the op's post at all?

no. just the title.

tit:

no. just the title.

I thought as much

Read it then edit your post