Welcome, Guest: Register On Nairaland / LOGIN! / Trending / Recent / NewStats: 3,194,198 members, 7,953,732 topics. Date: Friday, 20 September 2024 at 01:44 AM |
Nairaland Forum / Nairaland / General / Politics / Tambuwal Should Not Vacate His Seat: He Has The Right To Defect-Prof Itse Sagay (5534 Views)
Wike Climbed Into The Governorship Seat Over Dead Bodies - Prof Itse Sagay / For Peace To Reign In NASS, Tambuwal Should Resign - SAN / Tambuwal Should Go - Agbakoba (2) (3) (4)
(1) (2) (3) (4) (Reply) (Go Down)
Tambuwal Should Not Vacate His Seat: He Has The Right To Defect-Prof Itse Sagay by NgeneUkwenu(f): 4:54pm On Nov 11, 2014 |
An expert in constitutional law, Prof. Itse Sagay, SAN, speaks on the contentious issue of whether the House of Representatives Speaker, Aminu Tambuwal, should resign following his defection from the Peoples Democratic Party to the All Progressives Congress, in this interview with TOBI AWORINDE There has been some disagreement on whether or not the Speaker of the House of Representatives, Aminu Tambuwal, should resign his position, given his recent defection to the All Progressives Congress. What is your view on this? I am strongly of the view that he is entitled to resign from the Peoples Democratic Party and join any party of his wish, in accordance with his constitutional rights; particularly since the provision for election of speaker does not have any party label. It does not say ‘Somebody belonging to the majority party, or somebody who was elected on a particular platform.’ It doesn’t say so. It is a free provision, which allows anybody in the House to be elected, provided he has the simple majority. In March, a court dismissed a suit filed by some lawmakers who defected to the APC in defence of their action. Is this ruling applicable to him? In my view, it doesn’t (apply to him) because the constitutional provision says that if there is a division within a particular party, any legislator in that party can resign and join another party. In my view, there was a major division within the PDP, which has not been resolved. Therefore, I think there is a constitutional basis for him to leave the PDP and join another party. In fact, I don’t agree with the judgment of the Federal High Court, although the judgment is valid until overruled. But that judgment does not apply to him because he wasn’t a party to the case, and I hope the matter might go to the Court of Appeal for a resolution because that judgment, in my view, was wrong by not recognising the separate declaration by a group of PDP people that they are the proper executives and officers of the PDP, as against the orthodox group. Not recognising that as a division within the party shows that that court did not quite understand the language of the constitution. How does this piece of legislation compare with those of other countries? I think, in that regard, we are probably very unique. In most other countries, particularly in the developed Western democratic world—this I can say confidently—anyone can change from one party to another without any problem. The famous Winston Churchill used to be a Liberal, before he became a Conservative. Later, he became a prime minister under the Conservatives. They don’t have this restriction that we have here. And frankly, I think the restriction is illegitimate, because it restricts a person’s right of association. The argument has also been raised that elected officials represent their parties at the point of election and that it is, therefore, illegal for them to defect to other parties. Do you agree with this notion? The party merely provides a platform for electoral contest, so we cannot say it was a party that was elected. It was the person who was elected on that party’s platform. I think it is the case against (Rivers State Governor, Rotimi) Amaechi that is being used. But even that is an incorrect application of the case, because what that case said was that the original person nominated by the party continues to be the valid nominee, regardless of who actually contested an election. So, we must not mix up things. A party is not elected; it is a person who is elected on a party platform, and that person has a right to change his mind. The only penalty he can suffer is for the original party, under which he was elected, to use it to campaign against him in the next election, to ensure that he is not re-elected. That is all. But the Independent National Electoral Commission says they recognise only parties, rather than individuals. Does this position not further justify such a debate? I am not sure in what context INEC says it recognises only parties. It recognises only parties for the purpose of contesting elections. In other words, if you want to contest elections, you must be a party member. You must belong to a party—that is the present law. Beyond that, when the person has been sponsored by the party, and the election has taken place, the party still has a moral hold over him, but certainly not a legal hold. Will you then say the constitution is flawed, because, as you have noted, it doesn’t unequivocally assure everyone of their right to freedom of association? In my view, the constitution should not have any restriction on the right of a person to cross from one party to the other. It is not a good thing, because it shows a lack of integrity; it shows opportunism and lack of principles. What happens in all other communities and political cultures in the world is that the act itself condemns the person and he becomes unacceptable in future. That is the punishment; you don’t need a law for that. You need political culture for that. In essence, we should jettison that law and expect our political culture and maturity to develop and it will take care of that problem. http://www.punchng.com/feature/interview/tambuwal-has-right-to-defect-sagay/ 7 Likes 1 Share
|
Re: Tambuwal Should Not Vacate His Seat: He Has The Right To Defect-Prof Itse Sagay by NgeneUkwenu(f): 4:56pm On Nov 11, 2014 |
Cc Barnista, Omenka, Ibnsultan, Obiagelli, egift, pendy79, Gbawe, Berem, Donphilopus, ayamlaykorn and all! |
Re: Tambuwal Should Not Vacate His Seat: He Has The Right To Defect-Prof Itse Sagay by hugoart(m): 4:58pm On Nov 11, 2014 |
Very exact.Relieves a man from being a slave to evil and retrogression. 3 Likes |
Re: Tambuwal Should Not Vacate His Seat: He Has The Right To Defect-Prof Itse Sagay by egift(m): 5:00pm On Nov 11, 2014 |
PDP has no legal backing to boot out Tambuwal, they are resulting to self-help, intimidation, using the Police and requesting for morality - all in a bid to dispose Tambuwal. That will not happen. 6 Likes |
Re: Tambuwal Should Not Vacate His Seat: He Has The Right To Defect-Prof Itse Sagay by Nobody: 5:02pm On Nov 11, 2014 |
Now a sensible lawyer has spoken. Agbakoba should go fix his brain. NBA should stripp off his SAN status from him and he should be demoted to a "charge and bail" lawyer inshort. Nansense! 14 Likes |
Re: Tambuwal Should Not Vacate His Seat: He Has The Right To Defect-Prof Itse Sagay by NgeneUkwenu(f): 5:06pm On Nov 11, 2014 |
Seun, obinoscopy, market don come 4 Likes |
Re: Tambuwal Should Not Vacate His Seat: He Has The Right To Defect-Prof Itse Sagay by donphilopus: 5:06pm On Nov 11, 2014 |
A plausible fellow has spoken! 2 Likes |
Re: Tambuwal Should Not Vacate His Seat: He Has The Right To Defect-Prof Itse Sagay by NgeneUkwenu(f): 5:11pm On Nov 11, 2014 |
berem: What do you expect? Agbakoba- A Maritime Lawyer! Prof Itse Sagay- An Expert in Constitutional Law 5 Likes |
Re: Tambuwal Should Not Vacate His Seat: He Has The Right To Defect-Prof Itse Sagay by Nobody: 5:11pm On Nov 11, 2014 |
Everyone has been down playing the division in the PDP, anyway i think tambowal should have resigned as speaker. 1 Like |
Re: Tambuwal Should Not Vacate His Seat: He Has The Right To Defect-Prof Itse Sagay by NgeneUkwenu(f): 5:15pm On Nov 11, 2014 |
Obiagelli: On what basis? |
Re: Tambuwal Should Not Vacate His Seat: He Has The Right To Defect-Prof Itse Sagay by Nobody: 5:17pm On Nov 11, 2014 |
NgeneUkwenu:A maritime lawyer? No wonder. I once met his wifey in my former place of work three years ago and she's a very nice woman. Dude really disappointed me with his foolish comments. 1 Like |
Re: Tambuwal Should Not Vacate His Seat: He Has The Right To Defect-Prof Itse Sagay by NgeneUkwenu(f): 5:23pm On Nov 11, 2014 |
berem: Yea he is an expert in Maritime Law. He doesn't know jack about constitutional Law, the reason he is hardly mentioned in Electoral case! 2 Likes |
Re: Tambuwal Should Not Vacate His Seat: He Has The Right To Defect-Prof Itse Sagay by Nobody: 5:31pm On Nov 11, 2014 |
NgeneUkwenu:Tambuwal will remain as the speaker. Jonathanians can go to hell were the belong 9 Likes |
Re: Tambuwal Should Not Vacate His Seat: He Has The Right To Defect-Prof Itse Sagay by seunmsg(m): 5:37pm On Nov 11, 2014 |
Brilliant analysis from prof. Itse Sagay. A division occurs in a party once there is a parallel faction irrespective of whether inec recognises the faction or not. And I also support the idea of allowing political office holders to join whatever party that appeals to them. Their should be no legal restriction for an elected or unelected politician to move from one party to another. The people should be allowed to decide their case during election. |
Re: Tambuwal Should Not Vacate His Seat: He Has The Right To Defect-Prof Itse Sagay by NgeneUkwenu(f): 5:52pm On Nov 11, 2014 |
seunmsg: And the man na from Ijaw! |
Re: Tambuwal Should Not Vacate His Seat: He Has The Right To Defect-Prof Itse Sagay by Nobody: 5:55pm On Nov 11, 2014 |
NgeneUkwenu:On moral grounds, i like the fayemi example, there are incidents not worthy of a fight. |
Re: Tambuwal Should Not Vacate His Seat: He Has The Right To Defect-Prof Itse Sagay by engrfcuksmtin(m): 6:00pm On Nov 11, 2014 |
berem:So many yeye SAN`s in Nigeria, those guys have no heaven or hell Oloshi Agbako abi agbakoba 1 Like |
Re: Tambuwal Should Not Vacate His Seat: He Has The Right To Defect-Prof Itse Sagay by Nobody: 6:07pm On Nov 11, 2014 |
omenka:NL belongs to PDP |
Re: Tambuwal Should Not Vacate His Seat: He Has The Right To Defect-Prof Itse Sagay by LouisVanGaal(m): 6:26pm On Nov 11, 2014 |
omenka:..dat got m cranked up! @ 'dnt be shy'.. |
Re: Tambuwal Should Not Vacate His Seat: He Has The Right To Defect-Prof Itse Sagay by NgeneUkwenu(f): 6:32pm On Nov 11, 2014 |
Obiagelli: Leaving would have been ideal in a saner climate but not this PDP-Rapped-Country, where the winner always takes all! If he attempts to resign today! PDP would bar him from entering the house citing one yeye section of the constitution! This is a pure constitutional matter. It would do the parties well if the court is allowed to settle this once and for all! 1 Like |
Re: Tambuwal Should Not Vacate His Seat: He Has The Right To Defect-Prof Itse Sagay by OrlandoOwoh(m): 7:12pm On Nov 11, 2014 |
Olisah "Alakoba" should come and learn. 1 Like |
Re: Tambuwal Should Not Vacate His Seat: He Has The Right To Defect-Prof Itse Sagay by pendy79: 7:50pm On Nov 11, 2014 |
You can't be comparing a renowned lecturer and i think the only ACADEMIC HOLDER OF SAN, who got not.by practice but by teaching and research. Comparing ITSE SAGAY AND AGBAKOGBA on.constitutional matters is like putting BUHARI.AND JONATAN in the context of governance and efficiency of their ruling when they both had power. 5 Likes |
Re: Tambuwal Should Not Vacate His Seat: He Has The Right To Defect-Prof Itse Sagay by NgeneUkwenu(f): 7:51pm On Nov 11, 2014 |
pendy79: Very apt! |
Re: Tambuwal Should Not Vacate His Seat: He Has The Right To Defect-Prof Itse Sagay by NgeneUkwenu(f): 1:09am On Nov 12, 2014 |
seun |
Re: Tambuwal Should Not Vacate His Seat: He Has The Right To Defect-Prof Itse Sagay by agabusta: 1:51am On Nov 12, 2014 |
Sound and erudite contribution by a learned person. Not some roadside Agbakoba being granted an interview based on his status as a lawyer; but telling us trash that we should leave law aside and reason sentimentally with him. Nonsense I must say. As if it's not the law that guides our actions and inactions. 2 Likes |
Re: Tambuwal Should Not Vacate His Seat: He Has The Right To Defect-Prof Itse Sagay by redsun(m): 1:53am On Nov 12, 2014 |
This myopically as learned man. In uk if an elected member of the house defects to another party,his/her position automatically becomes vacant and subject to a quick by election that involves all participating patties. I'm sure a similar thing happens in America too. Sometimes we forget that the the sleeping electorates are supposedly the ones that sent the representing thieves to the thieving houses under different party banners and "ideaoloots " and that if by any reason their chosen thief switch sides,the same people should be given the chance to choose another person of their choice based on party affiliations and ideaoloots. |
Re: Tambuwal Should Not Vacate His Seat: He Has The Right To Defect-Prof Itse Sagay by agabusta: 3:25am On Nov 12, 2014 |
redsun: Are u sure that is the position of the UK law or that some defectors resigned on personal convictions?? |
Re: Tambuwal Should Not Vacate His Seat: He Has The Right To Defect-Prof Itse Sagay by agabusta: 3:54am On Nov 12, 2014 |
redsun: With reference to your assertion about the US. You seem to be wrong. This is a Wikipedia excerpt: United States This is another reference for you from Reuters Reuters - James Jeffords, a soft-spoken Vermonter whose defection from the Republican Party in 2001 created an unprecedented power shift in the U.S. Senate and gave Democrats control of the chamber for 18 months, has died at age 80, U.S. Senator Patrick Leahy said on Monday. |
Nigeria Becomes A Member Of Islamic Military Alliance- Aljezera / First Imo Tunnel And Propaganda Surrounding It. Enemies Of Progress. / It’s Over Now, There Is Peace In Abia, Gov. Ikpeazu Assures Nigerian Read More
(Go Up)
Sections: politics (1) business autos (1) jobs (1) career education (1) romance computers phones travel sports fashion health religion celebs tv-movies music-radio literature webmasters programming techmarket Links: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Nairaland - Copyright © 2005 - 2024 Oluwaseun Osewa. All rights reserved. See How To Advertise. 63 |