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Defection: Misadventure Of 37 Federal Legislators. - Politics - Nairaland

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Defection: Misadventure Of 37 Federal Legislators. by Alikaxon(m): 8:50pm On Dec 24, 2013
Re: Defection: Misadventure Of 37 Federal Legislators. by gregg2: 8:54pm On Dec 24, 2013
Defection: Misadventure of 37 Federal legislators

By JOHN AINOFENOKHAI

PERMIT me to go straight to the point by calling on Nigerians, in the light of the recent defection of 37 Peoples Democratic Party (PDP) in the House of Representatives to the All Progressive Congress (APC), to draw attention to Section 68 (1)(g) of the 1999 Constitution as amended which states:

[b]“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 – 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.”

Nigerians should also note that on Friday, October 18, 2013, a Federal High Court sitting in Abuja and presided over by His Lordship, Justice Elvis Chukwu, had ruled that there was no division in PDP and thus restrained the self-styled new PDP from using the colour and logo of the PDP under the chair of Alhaji Bamanga Tukur.  Recall that the Court had also ordered the Independent National Electoral Commission (INEC) to refrain from recognising, dealing and relating with the new PDP.
[/b]
It should be further noted that prior to the ruling, the Independent National Electoral Commission (INEC) had on Friday, October 10, 2013, expressly declared that it did not recognize the now defunct new PDP, thus putting paid to the factionalisation plot being orchestrated by members of the group.
The Commission, in a letter with reference number INEC/LEG/PDP/19/111/245 signed by the Acting Secretary, Mr. U.F. Usman, addressed to the National Secretary to the now defunct new PDP, Prince Olagunsoye Oyinlola, had acknowledged receipt of his letters dated 1st and 23rd September wherein he had requested for the Commission’s recognition of the Alhaji Kawu Baraje-led NWC.

The Commission had noted in the letter: “You will recall that the Commission monitored the National Convention and Special National Convention of the PDP held on the 24th of March 2012 and 31st of August 2013 at the Eagle Square, Abuja, after notices to the Commission.

“A National Working Committee (NWC) was elected at the two conventions with Alhaji Bamanga Tukur as the National Chairman.  The Commission will not withdraw recognition from the leadership of the PDP elected at the conventions duly monitored by the Commission.  Be guided accordingly.”

Now that these 37 members of the House of Representatives, in defiance of the provisions of the Constitution and pronouncements by relevant bodies- the Court and INEC- that there is no division in the PDP leadership, have left the party for the APC, I ask: where is the division in the PDP or in its leadership?  Are they saying that the Court and INEC were incapable of determining the presence of a division in the party?  I concur with the court and INEC that there is no division in the party leadership.

So, on what basis have they left the PDP and now keeping their seats in the House?  To answer the question, it was on the basis of an interlocutory injunction purportedly granted them by a Federal High Court sitting in Abuja on Wednesday, December 18, 2013 that they hurriedly effected their defection plan.


The injunction had purportedly restrained the PDP, its chairman, Alhaji Bamanga Tukur, the INEC, Senate President and Speaker of House of Representatives from declaring vacant the seats of the defecting federal lawmakers to the APC.  The leadership of the PDP had gone to court praying that the seats of its members who defected to the APC be declared vacant, which was the right to do in line with the provisions of the 1999 Constitution of the Federal Republic of Nigeria as amended.Now, which ground is provided in the law: is it not the condition for defection, to wit: division, which is absent, in the PDP leadership? Or, is it the restraining injunction granted by the court, which can be vacated?  What will happen tomorrow if the injunction is vacated?

Without a division in the PDP, their defection will be legally flawed, standing on nothing.  In that circumstance, they would be expected to do the needful: leave the House so that INEC can also do the needful: organise new elections to fill their seats.  They can then decide to re-contest the seats on the platform of their new found APC.

Flowing from the above, I expect that men of integrity and honour within the APC, if any, that they should not be involved in political fraud by appropriating what is not rightfully theirs.  What these legislators have done is immoral: taking the mandates given to them on the PDP platform to the APC.  Understandably, the APC is happy to harness the fraudulently acquired mandates which it knows it did not get, directly, from the people.

It is, indeed, in the light of the above that I call on well-meaning Nigerians to urge the INEC to do the needful within the ambits of the law and call for elections where necessary.  If the electoral body needs the pronouncement of the court on the issue to enable it act accordingly, the court should discountenance technicalities and other political shenanigans to rein in and sanitise the political process and system by acting strictu sensus with the provisions of the extant laws.


www.vanguardngr.com/2013/12/defection-misadventure-37-federal-legislators/

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Re: Defection: Misadventure Of 37 Federal Legislators. by hardywaltz(m): 9:06pm On Dec 24, 2013
Why not leave the courts to do their work while u face ur own business.

1 Like

Re: Defection: Misadventure Of 37 Federal Legislators. by onemopol: 9:11pm On Dec 24, 2013
I just read the article and based on these facts presented by the writer, I am curious to know how their seats will not be declared vacant.
Re: Defection: Misadventure Of 37 Federal Legislators. by gregg2: 9:17pm On Dec 24, 2013
Those 37 Rep's members are plain foolish.

Meanwhile, the wise onse - Tambuwal and the Senators stayed behind and are using them to test the waters.

3 Likes

Re: Defection: Misadventure Of 37 Federal Legislators. by Lusola15: 9:19pm On Dec 24, 2013
I am a learner grin
Re: Defection: Misadventure Of 37 Federal Legislators. by IboKiller: 9:25pm On Dec 24, 2013
@Op

The judge ruled that there was no faction in PDP. With the situation on ground, there is a division in PDP. There is crisis going on in PDP. With that crisis, those legislators can move to another party. That is the loophole created in the Constitutional Amendment.
Re: Defection: Misadventure Of 37 Federal Legislators. by oluakadinma: 9:35pm On Dec 24, 2013
I was told to avoid any body who thinks success only by pulling others down! APC policy is too bad.Mark my word,this Association of past/political criminals (APC) won't survive beyound 2015! Its a mouthed party. My only annoyance is the slugish style of GEJ govt. Infact, an answer to prayers of the poor masses is on the way.

2 Likes

Re: Defection: Misadventure Of 37 Federal Legislators. by Xfactoria: 9:49pm On Dec 24, 2013
Ibo-Killer:
@Op

The judge ruled that there was no faction in PDP. With the situation on ground, there is a division in PDP. There is crisis going on in PDP. With that crisis, those legislators can move to another party. That is the loophole created in the Constitutional Amendment.

No, you can't read another interpretation to the court judgment. The court held that there was no faction, no division in PDP (there is only one PDP under the law). If you still want to believe like those foolish legislators that there is a division, then you need to prove it. I am not sure either you or those legislators can prove that there is a division in PDP.

Please brush up your english. You seem to be confused that faction and division mean different things.

1 Like

Re: Defection: Misadventure Of 37 Federal Legislators. by Xfactoria: 9:50pm On Dec 24, 2013
gregg2: Those 37 Rep's members are plain foolish.

Meanwhile, the wise onse - Tambuwal and the Senators stayed behind and are using them to test the waters.

You got the point!

2 Likes

Re: Defection: Misadventure Of 37 Federal Legislators. by Nobody: 9:52pm On Dec 24, 2013
they will all lose their seats
smart onesamong them are speaking with serpent tongues
the dull ones will soon learn a bitter lesson in basic Nigerian constitutional law
Re: Defection: Misadventure Of 37 Federal Legislators. by NgeneUkwenu(f): 10:06pm On Dec 24, 2013
lamentation thread for the e -pdp rats losers ! cry me a river cry cry cry cry cry cry. If Jonathan tries it, he will be impeached the next moment! tongue

1 Like

Re: Defection: Misadventure Of 37 Federal Legislators. by DerideGull(m): 10:19pm On Dec 24, 2013
hardywaltz: Why not leave the courts to do their work while u face ur own business.

I am disappointed that you have the above to say. You seem to have your social order in the right place but I guess it is not so. I have written before now that the courts in Nigeria are ridiculously partisan as such hurt the growth of democracy in Nigeria. The issue about the defection of governors and members of NASS to another party was clarified by sections 177(C) and 68 (1)(g) of the 1999 Constitution respectively.
Re: Defection: Misadventure Of 37 Federal Legislators. by Nobody: 10:47pm On Dec 24, 2013
Ngene-Ukwenu:
lamentation thread for the e -pdp rats losers ! cry me a river cry cry cry cry cry cry. If Jonathan tries it, he will be impeached the next moment! tongue
most people never seem to stop thinking with their anus... that you're not a fan of GEJ doesnt stop you from speaking the truth. what these 37 representathieves did was wrong....BTW to impeach a president na beans?
Re: Defection: Misadventure Of 37 Federal Legislators. by Xfactoria: 10:49pm On Dec 24, 2013
DerideGull:

I am disappointed that you have the above to say. You seem to have your social order in the right place but I guess it is not so. I have written before now that the courts in Nigeria are ridiculously partisan as such hurt the growth of democracy in Nigeria. The issue about the defection of governors and members of NASS to another party was clarified by sections 177(C) and 68 (1)(g) of the 1999 Constitution respectively.

Section 68 (1) (g) of the constitution was straightforward about the consequences of a defection by a legislator. However, section 177 (c) that pertains to the requirement for the person contesting election to the office of a governor only mentions party sponsorship as a requirement for standing for election. It didn't say that Governors can vacate their seat if they defect to another party when elected on the platform of a different party. That is the contentious part that the court would have to interpret because it seems logical that vacation of a seat should happen for a governor who defects since the governor could not have been deem elected without being sponsored by its party. Unfortunately, our funny constitution has restricted the removal of a governor to two occurrences - impeachment and incapacitation.

The judiciary should stand up and help our democracy get some sense of political ideology. Loyalty to a party is important. People should only consider joining a political party because their ideologies align to that of the party rather joining a party and then start to cause trouble with no consequence to them, eating their cake and having it in the process. The current scenario does not encourage internal peace resolution and constitutes a major unnecessary distraction to political parties. If any member of a party no longer feels comfortable with being in the party, they should feel free to leave but not take with them any position sponsored by the party to another party. That is fraud! On another note, people should also bear the brunt of making a bad choice in choosing to align with a wrong political party by losing their seats when they separate from the party. This would make for careful choice of political parties to join and save us some distractions in governance.

Political prostitution does not encourage ideological democracy. It rather encourages rascality!
Re: Defection: Misadventure Of 37 Federal Legislators. by Nobody: 11:01pm On Dec 24, 2013
I beg to also set a record straight here. If a court ruled in the morning of that day before the 37 rep members decided to still defect, that means their defection wasn't what the court held and therefore, it was illegal. The court made itself clear enough even according to the Speaker that there was a ruling that morning. That ruling by implication only applies to anyone who defected before the ruling since it says ALL STATUS QUO should be maintain pending further hearing.

2 Likes

Re: Defection: Misadventure Of 37 Federal Legislators. by drnoel: 1:03am On Dec 25, 2013
hardywaltz: Why not leave the courts to do their work while u face ur own business.
Ur statement has clearly stated the problem with Nigeria. How can u sleep well with this kind of rubbish, and arrogance from elected legistors. Things will keep spoiling and u will be minding ur business...
Re: Defection: Misadventure Of 37 Federal Legislators. by dinachi(m): 1:16am On Dec 25, 2013
Some people are very very funny. Where in the world do you need a court of law to declare that there is a faction in a political party? Where? APC does not need a court judgement. They have some much evidence to prove the existence of a faction. 1, It is on record by the media that Seven Governors walked out of a national convention of the party to form a new block citing rigging of the election process as their main reason. 2, It is on record that President Jonathan had several meetings with the said group several times in Aso Rock to resolve the issue. 3, the fact that the matter was taken to court to determine who the authentic chairman was between Tukur and Baraje is another valid pointer.

1 Like

Re: Defection: Misadventure Of 37 Federal Legislators. by Obiagu1(m): 1:27am On Dec 25, 2013
They knew it was illegal to defect after the court judgment that there was no division in PDP.
However, they were compelled to still go ahead and defect because the plan is to impeach the President before any court case against them would be concluded.

Those masterminding the scheme did not put into consideration that they may not be able impeach the President without any valid reason. The reasons they were banking on were Sanusi's alleged missing $50 billion and Obasanjo's accusations on the President.

As providence would have it, the President swiftly moved to nullify all their accusations leaving those that have already defected at the mercy of the court.

2014 will indeed be an interesting year!
Re: Defection: Misadventure Of 37 Federal Legislators. by IboKiller: 1:36am On Dec 25, 2013
Obiagu1: They knew it was illegal to defect after the court judgment that there was no division in PDP.
However, they were compelled to still go ahead and defect because the plan is to impeach the President before the any court case against them would be concluded.

Those masterminding the scheme did not put into consideration that they may not be able impeach the President without any valid reason. The reasons they were banking on were Sanusi's alleged missing $50 billion and Obasanjo's accusations on the President.

As providence would have it, the President swiftly moved to nullify all their accusations leaving those that have already defected at the mercy of the court.

2014 will indeed be an interesting year!


Another Ibo logic........

You think these people who have the money to buy the best lawyers out there don't know what they are doing? They've thought out their options and found they aren't doing anything wrong before they moved to APC. Keep deceiving yourself Ibo man.

1 Like

Re: Defection: Misadventure Of 37 Federal Legislators. by Alikaxon(m): 6:46am On Dec 25, 2013
Ibo-Killer:



Another Ibo logic........

You think these people who have the money to buy the best lawyers out there don't know what they are doing? They've thought out their options and found they aren't doing anything wrong before they moved to APC. Keep deceiving yourself Ibo man.
I think u need a ban, what called for the tribal sentiment? I may report u to the mod if u don't behave.

1 Like

Re: Defection: Misadventure Of 37 Federal Legislators. by hardywaltz(m): 6:50am On Dec 25, 2013
DerideGull:

I am disappointed that you have the above to say. You seem to have your social order in the right place but I guess it is not so. I have written before now that the courts in Nigeria are ridiculously partisan as such hurt the growth of democracy in Nigeria. The issue about the defection of governors and members of NASS to another party was clarified by sections 177(C) and 68 (1)(g) of the 1999 Constitution respectively.
My dear I think u and most other guys here are confused. The ruling of the court is that Turkur is the authentic PDP leader and faction, the court @ no time declared the other faction illegal. The courts respect the right to free association (even inside an association) as enshrined in chapter 4 of the 99 constitution as amended. The court judgment can easily be interpreted to mean that even if G7 (right to freedom of association) wanted ur own faction, Bamanga Turkur remained the National Leader of the party.
The section of the constitution that deals with NA or SA members losing their seat is ambiguous (unless a faction exist in the party) that is why PDP has been using it to collect other party members without them losing their seats.
However only the Speaker or Senate President can declare a members seat vacant but any court can easily squach it.
Like I said before leave the courts to do their work while u guyz face ur own business.
Shekina

PS: 2 of the guyz that defected from Rivers State are Lawyers as such know the legal implication of jumping ships. I doubt if the writer is one.

1 Like

Re: Defection: Misadventure Of 37 Federal Legislators. by Sunnybobo3(m): 7:20am On Dec 25, 2013
Ngene-Ukwenu:
lamentation thread for the e -pdp rats losers ! cry me a river cry cry cry cry cry cry. If Jonathan tries it, he will be impeached the next moment! tongue

Can you please explain to the house the steps involved in impeaching a president?

Some people just comment out of ignorance.
Re: Defection: Misadventure Of 37 Federal Legislators. by andico34: 8:02am On Dec 25, 2013
their seats are going to be declared vacant in 2014.
Re: Defection: Misadventure Of 37 Federal Legislators. by fkaz(m): 8:36am On Dec 25, 2013
[size=13pt]who is PDP national secretary? [/size]

Like say pdp dey folo constitution, those legislators recognise oyinlola as their sec according to court ruling but pdp doesn't
Re: Defection: Misadventure Of 37 Federal Legislators. by dridowu: 8:44am On Dec 25, 2013
Hmmmm

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