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10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function - Politics (3) - Nairaland

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Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by cptjacksparrow: 9:43am On Apr 28
When INEC withdraws the certificate of return the person will no longer be addressed as a Senator. The person can now go to court to challenge the process that led to the withdrawal. Let's not be sentimental about issues, because we don't like a group of people does not mean we will support every act of Rascality. The power to recall Senator Dino can only be determined by the people of Kogi West Senatorial District. Senator Dino also have the right to challenge the legitimacy of the process in court.
Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by micmond: 9:48am On Apr 28
spartan117:
The Senate President will be breaching the provisions of the Constitution if he doesn't. He simply can't 'decide not to perform the last function'

That's true. But it can only happen in a sane society.

The late Fela once said, "na padi'padi government we dey".
Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by lawman88(m): 9:48am On Apr 28
HAH:
he will simply put it in his drawer tell everyone that he will to it at the right time and may be do it on the last plenary of the 8th senate, this is because the constitution did not stipulate a timeframe for the recall
God bless you sir. That is exactly what he would do. Bello is just wasting his time. Dino will decamp to PDP and be given another chance to contest

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Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by gwuchi(m): 9:57am On Apr 28
myopic views.The if the process is not satisfactory by the Senate after voice vote, the whole exercise becomes an academic exercise.
Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by udemzy101(m): 10:04am On Apr 28
CilicMarin:
[s][/s]

Immediately The INEC finishes with the recall process, it will declare Dino seat vacant and another election conducted.

Dem no born Saraki well.


The way una dey reason ehn, this is Nigeria oga, I believe you were among those calling for buhari impeachment, what happened?

I'm not a buhari fan boy but there are some things you don't need to waste your time on, mere looking at the kind of people who are in the position to run these things.

The inec is just doing the initial gra gra, they have been shouting recall recall since the beginning of this year and till now nothing to show for it.

Oga just go and get your PVC, that's all I can say.
Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by silastemplar: 10:04am On Apr 28
I think the Senate President showing the door is just ceremonial.
Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by smalls001: 10:07am On Apr 28
HAH:
the inec cannot declare the seat vacant until the last process of recall is done which is asking the senator to step down, from the step listed inec will only send certificate of recall to the senate president, it is only when the senate president decides to do his role that the process is complete and a bye election is conducted

Oga, the last step is just ceremonial. At that point he's no longer a valid senator. SIMPLE!!!!
Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by udemzy101(m): 10:09am On Apr 28
musicwriter:
I don't know why some of you think Saraki can't violate the constitution when Buhari can do so. Who cares for rule of law in this country?
Rule of law is for the poor.

I just tire for some comments here, they talk as if they living in America or UK.

This government is just giving them what to talk till the end of this week, I wonder how they even reason, does anything even work in this country?

They keep shouting recall, why not ask why they haven't start or finish the process all this while or is this the first time they are hearing about Dino recall case?

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Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by buffox: 10:11am On Apr 28
He is no more a valid senator after the exercise but whoever is elected also is not valid until they are sworn in by the SP.

Even if Dino is recalled, he would go to court - we know judgement would be delayed. Saraki would harp on that and not raise the matter or swear in anyone. Inec needs a new timetable to conduct another election anyways. All these within 1 month of new primaries? What is all this worth except ego of a few people??
Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by buffox: 10:14am On Apr 28
udemzy101:


I just tire for some comments here, they talk as if they living in America or UK.

This government is just giving them what to talk till the end of this week, I wonder how they even reason, does anything even work in this country?

They keep shouting recall, why not ask why they haven't start or finish the process all this while or is this the first time they are hearing about Dino recall case?

Typical Nigeria. Thats why we get the kind of leadership we have - we support it when it fits us. The people that voted in the main election that brought Dino is about half of those 'signing' recall register. It would all end in futility and money wasted. The governor is spending so much money to emphasize his authority over every politician in the state and to think there are people who would even speak for this illegality - when they forge their 2019 election result we would meet here and debate again - nansense!
Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by cptjacksparrow: 10:16am On Apr 28
We need to understand the genesis of the movie in Kogi. The fight is between Dino and Bello, Dino wants to pose as a godfather in Kogi state politics after the death of Abubakar Audu, he supported Yaya Bello to become governor against Faleke who campaigned in all local governments in Kogi along side Abubakar Audu to win the Governorship sit. knowing the power he possess as the governor Yaya Bello now wants to put Dino in his place. Buhari's has nothing to do with these.
goldman777:
But wait oh if the executive can influence inec the electoral body to recal dino melaye doesn't it mean the presidency is in control of inec how can we then have a free and fair elections 2019 who is the inec chairman sef.there is no smoke without fire
Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by forgiveness: 10:20am On Apr 28
HAH:
By Uche Anichukwu

I have followed the mixed opinions on the comments by the Deputy President of the Senate, Senator Ike Ekweremadu on how very difficult it will be to recall Senator Dino Melaye from the Senate. Some claim that the 1999 as amended does not envisage any role for debate in the entire process. However, this position is constitutionally flawed.

The problem is that many people just read Section 69 of the Constitution and end it there.

Beside being a senior lawyer, Ekweremadu chaired the National Assembly Committee that midwifed the amendments regarding the recall process. So, if he does not understand the position of the Constitution on the recall process, then I just wonder.

Section 69 of the 1999 Constitution is not the only Section that guides the process of the recall of a member of the Senate or the House of Representatives.

Section 69 (a) stipulates that a petition shall be signed by at least one-half of persons registered to vote in the member’s constituency, alleging loss of confidence in that member. It also stipulates that the INEC shall verify the signatures.

Then, if INEC is satisfied that the signature are authentic, then the Commission goes to effect Section 69 (b), which is the conduct of a referendum within ninety days of the date of the receipt of the petition. A simple majority of votes of persons registered to vote in the member’s constituency is required for the recall to pass.

But, that is not the end of the matter because this Section goes hand-in-hand with Section 68 of the Constitution. Section 68 (1) lists conditions based on which a member of the Senate or the House of Representatives shall vacate his seat in the House of
which he is a member. One of the conditions is recall of a member.

Then, Section 68 (1) (h) of the Constitution (as amended) provides that a member of either of the Houses shall vacate his seat if “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 a member”.

But Section 68 (2) further provides that “The President of the Senate or the Speaker of the House of Representatives, as the case may be, shall give effect to the provisions of subsection (1) of this Section, so however that the President of the Senate or the Speaker of the House of Representatives or a member shall first present evidence satisfactory to the House concerned that any of the provisions of that subsection has become applicable in respect of that member”.

So, the key words and phrases in Section 68 (2) are ‘give effect’ and ‘satisfactory evidence’.

It simply implies that if no effect is given by the President of the Senate, it ends as an academic exercise. And if the evidence given is not satisfactory to the Senate; if majority of the Senators vote “Nay” when Saraki puts to question if they were satisfied with the evidence presented by INEC (which Senators are also at liberty to consider in the context of the integrity of the processes that led to the the evidence), how does the Senate President bring it to effect? It ends up, as Ekweremadu put it “an effort in futility”, the hundreds of millions spent on it by INEC notwithstanding.

In the meantime, Senator Dino has alleged that even the name of a dead former governorship aspirant in Kogi as well as his uncles’ names were listed and signatures appended to them in the petition to INEC asking for his recall. That alone could bring the integrity of the process to question.

All these are captured in Section 3 of the 1999 Alteration Act, perfected by 6th National Assembly and signed into law as part of our Constitution (as amended) and signed into law by former President Goodluck Jonathan.

Thus, it would have been better if people sift through or interrogate the Constitution rather than just rely on their emotions or just read one part and go to town with it.

In summary, Ekweremadu meant that the recall of a legislator is akin to impeachment of an executive office holder. If it is not rigid, it will be abused, especially in a political environment like ours. Thus, while impeachment, not the ones done by abuse of power, law enforcement agencies, and other critical institutions of democracy, is not impossible, it is very difficult if the rules are religiously observed.

Meanwhile, I believe that the end result of the attempt to recall Senator Dino will prove Ekweremadu right or wrong. It is not a matter of emotions. It is about the law, the grundnorm for that matter.

Anichukwu is an Aide to the Deputy President of the Senate


Ekweremandu is not empowered to interpret the law hence his interpretation is inconsequential.
Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by HAH: 10:25am On Apr 28
forgiveness:



Ekweremandu is not empowered to interpret the law hence his interpretation is inconsequential.
but he is the DSP who is empowered to enforce recall in the absence of the SP constitutionally
Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by forgiveness: 10:45am On Apr 28
HAH:
but he is the DSP who is empowered to enforce recall in the absence of the SP constitutionally


We practice three tiers of government in order to limit and balance powers.

The Legislative makes laws
The Judiciary interprets the law
The Executive executes and enforces the law


Ekweremandu belongs to the legislative and therefore, not empowered to interpret or execute the law.

If the legislature refuses to act, the Executive will enforce the law by getting interpretation from the Judiciary before taken actions based on the judgement from judiciary.

It is beyond Ekweremandu or Salaki.

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Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by bozzyjoan(m): 10:50am On Apr 28
spartan117:
The Senate President will be breaching the provisions of the Constitution if he doesn't. He simply can't 'decide not to perform the last function'

breaching u say? Okay based on your breaching then what are we going to call what buhari did in the purchase of the aircraft worth billions of naira without the approval of the senate? Is that not breaching cheesy cheesy lolz i no fit laf abeg..dino is going no where.
Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by HAH: 10:51am On Apr 28
forgiveness:



We practice three tiers of government in order to limit and balance powers.

The Legislative makes laws
The Judiciary interprets the law
The Executive executes and enforces the law


Ekweremandu belongs to the legislative and therefore, not empowered to interpret or execute the law.

If the legislature refuses to act, he Executive will enforce the law by getting interpretation from the Judiciary before taken actions based on the judgement from judiciary.

It is beyond Ekweremandu or Salaki.
constitutionally the SP is to perform the last function of a recall, have you not seeing a member who eon a case but was refused being sworn in to house by the speaker until the case was finally exhausted at the supreme court in the case of Hembe Herman

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Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by forgiveness: 10:56am On Apr 28
HAH:
constitutionally the SP is to perform the last function of a recall, have you not seeing a member who eon a case but was refused being sworn in to house by the speaker until the case was finally exhausted at the supreme court in the case of Hembe Herman

The Judiciary will decide, even if the decision must come from the Supreme Court.


Ekweremandu interpretation is inconsequential.
Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by Tecno66: 11:01am On Apr 28
These conditions are rigorous. The stage they have reached so far is only possible if the process is politically motivated. Hand of Esau and voice of Jacob i playing out. The Esau here is Yahaya Bello. I will not be surprised if those voting yes are being paid to do so when salaries of workers are still pending.
HAH:
Senate President To Perform Last Function In Recall Process Of A Senator

See for yourself, this is culled from vanguard newspaper

By Clifford Ndujihe



https://www.vanguardngr.com/2016/07/10-steps-recall-senator-nigeria/

With the above if Saraki just decide not to perform the last function the whole exercise of Dinos recall is in futility.

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Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by HAH: 11:06am On Apr 28
forgiveness:


The Judiciary will decide, even if the decision must come from the Supreme Court.


Ekweremandu interpretation is inconsequential.
I am telling you that judiciary is not interpret but the fact they the SP is mandated by the constitution to conclude the process and even if we follow the judiciary angle you will agree with me that it will not end up to the end of the present senate thereby making the whole thing an academic exercise.

Inec and Yahaya Bello should not waste their money on something that is destined to be futile
Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by spartan117(m): 11:08am On Apr 28
bozzyjoan:


breaching u say? Okay based on your breaching then what are we going to call what buhari did in the purchase of the aircraft worth billions of naira without the approval of the senate? Is that not breaching cheesy cheesy lolz i no fit laf abeg..dino is going no where.
Buhari must be impeached for breaching the Constitution. However bukola saraki should not follow suit, the Constitution must be respected if not the nation will decend into anarchy.
Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by AdamuAudu: 11:08am On Apr 28
spartan117:
The Senate President will be breaching the provisions of the Constitution if he doesn't. He simply can't 'decide not to perform the last function'
How I wish Buhari has been obeying court orders, then the Senate president will be considered to be breaching the laws. Buhari is the greatest enemy of this country. With Buhari doing things in the animal styles and ways, and people like you are singing songs of praises in appreciation of evil by Buhari, the only question available for us to ask each other is why are we the way we are right now? It will not be well with Buhari.
Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by spartan117(m): 11:10am On Apr 28
AdamuAudu:
How I wish Buhari has been obeying court orders, then the Senate president will be considered to be breaching the laws. Buhari is the greatest enemy of this country. With Buhari doing things in the animal styles and ways, and people like you are singing songs of praises in appreciation of evil by Buhari, the only question available for us to ask each other is why are we the way we are right now? It will not be well with Buhari.
Buhari must be impeached we should never allow anyone to breach the Constitution and go unpunished
Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by RisingWars: 11:10am On Apr 28
REFERENDUM! We have to vote these BIAFRANS out of Nigeria!
Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by Chuksonyeike: 11:12am On Apr 28
cptjacksparrow:
When INEC withdraws the certificate of return the person will no longer be addressed as a Senator. The person can now go to court to challenge the process that led to the withdrawal. Let's not be sentimental about issues, because we don't like a group of people does not mean we will support every act of Rascality. The power to recall Senator Dino can only be determined by the people of Kogi West Senatorial District. Senator Dino also have the right to challenge the legitimacy of the process in court.

only when the recall process is completed does he cease to be a senator.INEC is not the last port of call in the recall of a senator.Until his seat is declared vacant by the SP he will remain a senator
Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by forgiveness: 11:13am On Apr 28
HAH:
I am telling you that judiciary is not interpret but the fact they the SP is mandated by the constitution to conclude the process and even if we follow the judiciary angle you will agree with me that it will not end up to the end of the present senate thereby making the whole thing an academic exercise.

Inec and Yahaya Bello should not waste their money on something that is destined to be futile



That is your own interpretation but others have different opinions.

In such case, it's the Judiciary that must interpret the constitutional not you, SP or Ekweremandu..

Even if it doesn't end up with this present Senate, it can be used in future if such scenerio pop up.
Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by Reference(m): 11:17am On Apr 28
Nobody obeys laws in Nigeria so nothing will happen. The Executive does not obey laws, the Legislators donot, even the Judiciary does not obey laws. Just a lawless country. They will simply use him as a bargaining chip saying for example, if you want us to remive Dino, then Magu, x, y ,z.... simple. The power of democracy lies with all arms. In a proper setting none can outmuscle the other. Each arm can only take moral high grounds. Unfortunately the executive has none. It doesn't obey the house nor the courts so it cannot leverage on both in the office of the true power owners, the electorate.
Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by Chuksonyeike: 11:20am On Apr 28
smalls001:


Oga, the last step is just ceremonial. At that point he's no longer a valid senator. SIMPLE!!!!

There is nothing ceremonial about a constitutional matter.The constitution states that the senate resident must be satisfied with the process and give effect to it before a senator is recalled.
Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by forgiveness: 11:23am On Apr 28
Reference:
Nobody obeys laws in Nigeria so nothing will happen. The Executive does not obey laws, the Legislators donot, even the Judiciary does not obey laws. Just a lawless country.

Hence the anarchy.
Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by AdamuAudu: 11:24am On Apr 28
obi4eze:
He is bound by the law to do his part in the recall process.
Which law are we talking here? How I wished Buhari has been obeying court orders!
Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by Reference(m): 11:33am On Apr 28
forgiveness:


Hence the anarchy.

Exactly. In the world of diplomacy leadership must raise poultry to feed the foxes if it wants to rid the country side of such savages. Even terrorists know this so they abduct, not for raw show of power but so they can have a currency of exchange. In a three way power equation there is no way you can win with all your pawns intact. You must make sacrifices to win. This win at no cost approach by the three arms has resulted in significant losses for them all. It is mere foolishness for each arm to try and destroy or debilitate the other arm. Granted stability is guaranteed in diametric tension but it all should be done under the canopy of the rule of law. In this we have not matured. All these 'my way or total destruction' is symptomatic of political toddling which is getting us nowhere.
Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by Reference(m): 11:38am On Apr 28
AdamuAudu:
Which law are we talking here? How I wished Buhari has been obeying court orders!

He doesn't so he does not expect the Senate President to. This is the mess we face.
Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by Chuksonyeike: 11:54am On Apr 28
forgiveness:




That is your own interpretation but others are different opinion.

In such case, it's the Judiciary that must interpret the constitutional not you, SP or Ekweremandu..

Even if doesn't end up with this present Senate, it can be used in future if such scenerio pop up.


In that case when INEC finishes their abracadabra we will spend another 12 months in the court while Dino will remain a distinguished senator of the FRN

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