By Sunusi Musa

The recent upheavals in the National Assembly has further brought to the fore the argument of what is the constitutionally required number of Senators or members of the House of Representatives to remove any of the presiding officers or their respective deputies.
By this, I mean the President of the Senate, the Speaker of the House of Representatives, the Deputy President of the Senate and the Deputy Speaker of the House of Representatives.


While some lawyers hold the view that the removal of any of the above mentioned officers required 2/3 majority of the all the members of each house, others are of the view that what is required is 2/3 of the members present at a sitting provided they form a quorum. Each of the two opposing views are basing their argument on the provision of the Section 50 (2) (C) of the Constitution of the Federal Republic of Nigeria 1999 (as altered) (1999 Constitution). It is apposite to quote the said provision before going further. The section provides;

2 The President or Deputy President of the Senate or the Speaker or Deputy Speaker of the House of Representatives shall vacate his office 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.

The contention of both sides is with respect to the meaning of the phrase ‘…not less than two-thirds majority of the members of that House…’ In other words, what does the framers of the constitution mean by “two-third majority of the members of that House”? Does it mean for instance to remove the President of the Senate, it requires a resolution passed by at least 73 Senators which is 2/3 of the 109 Senators of the Federal Republic of Nigeria? Or it means 25 Senators which the 2/3 of the 37 Senators that the Senate requires to perform its legislative duties as provided under Section 54 (1) of the 1999 Constitution.

It is my humble opinion that for us to unravel the meaning of the phrase not less than two-thirds majority of the members of that House…’ used in subsection (2) (c) of the Section 50 of the 1999 Constitution, the constitution must be looked at holistically. In other words, the provision shall not be read in isolation of other provisions of the constitution. It is important to consider other provisions of the Constitution in order to determine the meaning and effect of the words being interpreted.

In this regard, the provisions of sections 54, 143, and 188 are of relevance vis-à-vis interpretation of section 50 (2) (c) of the 1999 Constitution. This is because the sections contain provisions that deal with required number of legislators needed at different times with respect to particular legislative business.

Section 54 of the constitution deals with the quorum required to conduct legislative business by each house of the National Assembly. Sub section (1) of the section provides;

54. (1) The quorum of the Senate or of the House of Representatives shall be one third of all the members of the Legislative House concerned.
Section 143 makes provision with respect to the removal of President or Vice President from office and of particular relevance here are subsections (1), (2), (4) and (9) thereof which provides;

143. (1) The President or Vice-President may be removed from office in accordance with the provisions of this section.
(2) Whenever a notice of any allegation in writing signed by not less than one-third of the members of the National Assembly-
(3) A motion of the National Assembly that the allegation be investigated shall not be declared as having been passed, unless it is supported by the votes of not less than two-thirds majority of all the members of each House of the National Assembly.
(4) Where the report of the Panel is that the allegation against the holder of the office has been proved, then within fourteen days of the receipt of the report at the House the National Assembly shall consider the report, and if by a resolution of each House of the National Assembly supported by not less than two-thirds majority of all its members, the report of the Panel is adopted, then the holder of the office shall stand removed from office as from the date of the adoption of the report.

I have taken the pain to quote the above provisions in order to make it as easy for non-lawyers to understand my argument. The provisions above, like section 50 (2) of the same constitution make provision with respect to the number of legislators required at a particular time for particular legislative business. Sections 54 (1), 143 (4) & (9) and 188 (4) & (9) have a common denominator that qualifies the number of legislators required for a particular business of to be carried out. The denominator is the phrase ‘all the members’.

On the other hand, reading section 50 (2) (c), 143 (2) and 188 (2) one will observe the absence of the phrase ‘all the members’ in qualifying the number of legislators required for the legislative business being dealt with by the said provisions.

From the provisions of the above sections of the 1999 Constitution, one can easily deduct that by the combined provision of Section 50 (2) (c) and section 54 (1) & (4) of the 1999 Constitution, what is required for any motion intended to remove President of the Senate or his deputy is two-third of the members present at any sitting of the Senate provided there are up to 37 senators when such motion is tabled.

It amount to standing logic on its head to posit that a Constitution that empowers 37 Senators to exercise the legislative powers of the National Assembly provided by sections 58 and 59, will turn around and make the less important duty of dispensing with who is leading the Senators to perform the legislative duty more daunting. It cannot be the intendment of the framers of the same constitution to make it possible for 19 senators to make a President of the Senate to turn around to require 73 senators to unmake him. If 19 can make a President of the Senate, it is only logical to posit that 24 can unmake the same President of the Senate.

If the intendment of the framers of the Constitution is to require 73 Senators to remove President of the senate, certainly the word ‘all’ could have been inserted in between the words ‘of’ and ‘the’ in phrase ‘…not less than two-thirds majority of the members of that House…’ of section 50 (2) (c) of the 1999 Constitution.

https://www.dailytrust.com.ng/how-25-senators-can-impeach-saraki-266061.html



Musa Esq. is Abuja-based legal practitioner

lolz....the national assembly is more of a problem to Nigerians than the presidency...even if you elect an honest man has your president with the national assembly members we have..he will fail

rants of a zombie.

the only thing Apc can do is keep begging saraki to resign on moral grounds.


useless set of undemocratic fools





someone should tell this zombie below me

he will continue gnashing his teeth in misery if his happiness depends on saraki's removal


olodo buhari media cow

Will be one of my happiest moments in 2018

Saraki is untouchable ...

very funny set of people. And you think Saraki will just leave that seat just because APC decides to misinterpret the constitution?
So 37 APC senators seat together and impeach Saraki and Ekweremadu, appointing new SP and DSP and 30 minutes later 37 PDP senators sit together and impeach the new principal officers restoring Saraki and Ekweremadu's positions!!!

You think the NASS is your playground? BTW how on earth do the APC hope to get this plenary where only their members will be present?

Using 25 to impeach him is paying him back in his own coins. We are bigger than that. We don't fight pigs in the mud. We drag them out of the mud and slaughter them.

APC can get the 2/3 to impeach him and this, Saraki knows..Hence the postponement of Doomsday

Some like chukwudi will just be making noise online day and night beating his chest for evil people. He doesn't know that even Saraki is finding this time of his life difficult

The man doesn't even trust the PDP members he has been giving juicy offers to get their support from day one. He knows it's not impossible for the APC to get the 2/3 to impeach him..all it takes is giving the corrupt senators much more juicy offers and it is done.

To the discerning minds, a picture speaks louder than words.

midolian:
Saraki knows..Hence the postponement of Doomsday

Which yeye doomsday? Any illegal impeachment attempt will be met with serious beatings.it is not about simple majority rather do you have majority of members who can fight?

If you APC folks believe that Saraki will just leave his seat because a simple majority says so then you must be politically naive.Unless you secure 2/3 of 109 forget about any dream of impeachment.

Any illegal impeachment attempt will be stopped illegally.De mumu una sef say Saraki will go to Court. Lie lie !!! He is not moving an inch

midolian:
Saraki knows..Hence the postponement of Doomsday

Some like chukwudi will just make noise online day and night beating chest for evil people. He doesn't know that even Saraki is finding this time of his life difficult

To the discerning minds, a picture speaks louder than words.

You are the one making noise after all Saraki is still the SP irrespective of your boasts.Your national chairman has been ranting for weeks now and is almost going mad yet he can't do nada

All the members do not have to be present to have 73, which is the 2/3. Even from 74 you can have a full 73. Do not twist the constitution to suit your purpose. The same thing there did in Kogi that brought bello the tyrant is what they want to do now. This government maybe trying but it needs a democracy class!

It amount to standing logic on its head to posit that a Constitution that empowers 37 Senators to exercise the legislative powers of the National Assembly provided by sections 58 and 59, will turn around and make the less important duty of dispensing with who is leading the Senators to perform the legislative duty more daunting.

It cannot be the intendment of the framers of the same constitution to make it possible for 19 senators to make a President of the Senate to turn around to require 73 senators to unmake him.

If 19 can make a President of the Senate, it is only logical to posit that 24 can unmake the same President of the Senate.

Tuché.

Our arm chair PDP senior advocates of Nairaland, over to you guys. After all, your forte has always been standing logic on its head.

If I were the president, I'd get rid of him and have him go spend the rest of his miserable legislative time in the courts. By the time they're done dispensing the case, Osinbobo must have taken oath of office as elected President of the Federal Republic of Nigeria in 2023!

Corrinthians:
Tuché.

Our arm chair PDP senior advocates of Nairaland, over to you guys. After all, your forte has always been standing logic on its head.

If I were the president, I'd get rid of him and have him go spend the rest of his miserable legislative time in the courts. By the time they're done dispensing the case, Osinbobo must have taken oath of office as elected President of the Federal Republic of Nigeria in 2023!

Noise maker you can't do Nada. Have you heard any APC senator talking? Because they know they can't do Nada.Even 2/3 of a plenary they won't even see.Let me see how they will get only APC members into plenary

Why all the hype about this Senate president seat sef

BTW 19 senators can't elect the Senate president. Saraki was elected unanimously by a single. Majority of 57 senators

princeSammyz:
All the members do not have to be present to have 73, which is the 2/3. Even from 74 you can have a full 73. Do not twist the constitution to suit your purpose. The same thing there did in Kogi that brought bello the tyrant is what they want to do now. This government maybe trying but it needs a democracy class!

You are misinterpreting that portion of the constitution

Corrinthians:
Tuché.

Our arm chair PDP senior advocates of Nairaland, over to you guys. After all, your forte has always been standing logic on its head.

If I were the president, I'd get rid of him and have him go spend the rest of his miserable legislative time in the courts. By the time they're done dispensing the case, Osinbobo must have taken oath of office as elected President of the Federal Republic of Nigeria in 2023!

This is a wicked one, bro!

Amirullaha:
Why all the hype about this Senate president seat sef

Because it has been desecrated and the majority cannot be run by the minority where both senate president and his deputy are in the minority

PaChukwudi44:
very funny set of people. And you think Saraki will just leave that seat just because APC decides to misinterpret the constitution?
So 37 APC senators seat together and impeach Saraki and Ekweremadu, appointing new SP and DSP and 30 minutes later 37 PDP senators sit together and impeach the new principal officers restoring Saraki and Ekweremadu's positions!!!

You think the NASS is your playground? BTW how on earth do the APC hope to get this plenary where only their members will be present?

I'm sure when Saraki was being "elected" as the senate president, you were busy with WAEC. Go consult our legislative history newspapers and give yourself some much needed enlightenment.

Hopefully, Baba would stop trying to play politics as though he's the British Prime Minister and adopt some Obasanjo strategy.

When he's done with your Oga, I hope you'd be the one to tell the judges how the rules should be interpreted.

PaChukwudi44:

Noise maker you can't do Nada. Have you heard any APC senator talking? Because they know they can't do Nada. Even 2/3 of a plenary they won't even see.Let me see how they will get only APC members into plenary

No I have not, and I pray I don't. They should remain stealthy and not noisy like your friends Dino or Goodhead.

Remember, a roaring lion kills no game.

capatainambo:
rants of a zombie.

Go look for where your mates are and play quietly with your toys. What's going on here is beyond your limits kiddo.

Corrinthians:
I'm sure when Saraki was being "elected" as the senate president, you were busy with WAEC. Go consult our legislative history newspapers and give yourself some much needed enlightenment.

Hopefully, Baba would stop trying to play politics as though he's the British Prime Minister and adopt some Obasanjo strategy.

When he's done with your Oga, I hope you'd be the one to tell the judges how the rules should be interpreted.

Lol which obsanjo strategy? Do you think any Senate president during obasanjo's era was impeached by 24 senators? Better go and study Enwerem was impeached by 90 votes ,Okadigbo by 81 votes.He couldn't get enough signatures hence could not remove. Naaba.

Like I said no illegal impeachment attempt will be taken to court. It will be stopped physically on the floor of the Senate or HOR.If anyone will go to court, it will be the APC

Corrinthians:
No I have not, and I pray I don't. They should remain stealthy and not noisy like your friends Dino or Goodhead.

Remember, a roaring lion kills no game.

Keep this advice for your stupid and loquacious national chairman who is running mad over Saraki

PaChukwudi44:
very funny set of people. And you think Saraki will just leave that seat just because APC decides to misinterpret the constitution?
So 37 APC senators seat together and impeach Saraki and Ekweremadu, appointing new SP and DSP and 30 minutes later 37 PDP senators sit together and impeach the new principal officers restoring Saraki and Ekweremadu's positions!!!

You think the NASS is your playground? BTW how on earth do the APC hope to get this plenary where only their members will be present?

Tell them o.

These zombies think say na only them fit form quorom.

Butterflyleo:


Because it has been desecrated and the majority cannot be run by the minority where both senate president and his deputy are in the minority

Noise maker, you are still here? What has been stopping the majority from reopening the NASS shut by the minority?

PaChukwudi44:

Keep this advice for your stupid and loquacious national chairman who is running mad over Saraki

You mean the way PDP are running to every court to try and stop sarakis imminent impeachment or the way they are keeping vigils at the senate or the way saraki keeps postponing the reconvening of the senate?

They all know he is already a gonner and are just trying to postpone it as long as possible because all their selfish plans depend on his remaining as senate president until the elections.

Within the next 2 weeks saraki would be impeached. Write it down

PaChukwudi44:

Noise maker, you are still here? What has been stopping the majority from reopening the NASS shut by the minority?

Because the APC senators are not desperate and selfish thugs like the PDP senators that's why they will not stoop to their level.

What would happen would still take place despite their thuggish shenanigans

PaChukwudi44:

Keep this advice for your stupid and loquacious national chairman who is running mad over Saraki

Dont worry, he'd show your Oga who's stupid in the fullness of time.

Your man will be prunned like the lush greenery in Aso Rock.

Hope you'd be there to console him when the time comes. He'd need all the shoulders he can get to lean on.

Butterflyleo:


Because the APC senators are not desperate and selfish thugs like the PDP senators that's why they will not stoop to their level.

What would happen would still take place despite their thuggish shenanigans

Case in point of one of their thugs.

saraki is a wise man from what I see, before they'll impeach him he will teach them all a lesson
.... Also check http://naijasees.com.. Thanks.

Fayose4President please say something o. E be like say dem don relegate your Fayose

Butterflyleo:


You mean the way PDP are running to every court to try and stop sarakis imminent impeachment or the way they are keeping vigils at the senate or the way saraki keeps postponing the reconvening of the senate?

They all know he is already a gonner and are just trying to postpone it as long as possible because all their selfish plans depend on his remaining as senate president until the elections.

Within the next 2 weeks saraki would be impeached. Write it down

2 weeks abi? I will remember this and remind you at exactly two weeks from now.BTW try and buy high BP drugs for oshiomhole before he dies before the two weeks is over

Corrinthians:
Dont worry, he's show your Oga who's stupid in the fullness of time.

Your man will be prunned like the lush greenery in Aso Rock.

Hope you'd be there to console him when the time comes. He'd need all the shoulders he can get to lean on.

We want less noise and more of actions. You have been talking too much haba!! Make una impeach am make we see