*Saraki, Akpabio, Tambuwal others may lose seats

*As Judiciary plans to implement Supreme Court ruling on defections

*That defection can only be valid if division in a party makes it impossible for it to function

*Otherwise defectors must vacate their seats

The political atmosphere may be thrown into confusion soon, if feelers from the judiciary that it will adhere strictly to the Supreme Court position on defection from one political party to the other while handling cases on the recent gale of defections among politicians are anything to go by.

The Supreme Court had in the case of Atiku Abubakar vs Attorney General of the Federation (2007) 4 SC (part ii) 62 held that it is only a division, factionalisation or fragmentation that can make it impossible or impracticable for a political party to function, that can justify the defection of a legislator from one party to another otherwise the defector automatically loses his seat.

“From the clear and unambiguous pronouncements of the apex court, a division in a political party envisaged by the Constitution cannot be a figment of the imagination of the recent prospective defectors. The division must make it practically impossible for the party to function”, a legal luminary, Mr. Femi Falana argued.

Falana, a Senior Advocate of Nigeria, SAN had explained that defection by legislators, which was a common practice in the first republic, had by this Supreme Court pronouncement been prohibited by the 1999 Constitution.

He further cited the case of Abegunde vs Ondo State House of Assembly (2014) LPELR 23683 whereby the appellant, a member of the House of Representatives defected from the Labour Party to the Action Congress of Nigeria, ACN.

He said, “In justifying his defection, the appellant claimed that the Labour Party in Ondo State was factionalised. Since the division of the Labour Party was limited to Ondo State.”

“The Supreme Court held that the division did not affect the party at the national level to justify the defection. It was therefore decided that the appellant had lost his seat in the House of Representatives.

Prominent among the recent defectors who may be affected by the pronouncement of the Supreme Court are Senate President, Bukola Saraki, Governor Aminu Tambuwal of Sokoto State, Governor Abdulfatai Ahmed of Kwara State, Governor Samuel Ortom of Benue state and former Senate minority leader, Senator Godswill Akpabio alongside some Senators and members of the House of Representatives.

A highly placed judiciary source yesterday told Nigerian pilot that both the ruling All Progressive Congress, APC and the leading opposition party, the People’s Democratic Party, PDP have concluded plans to approach various courts to declare the positions of the affected politicians vacant.

According to the source, with the recent gale of defections, the Nigerian Judiciary will be taking drastic action as well as applying the Nigerian Constitution as it affects defection from one political party to the other.

He said that the decisions that will emanate from various courts of competent jurisdiction will not be in the interest of the various politicians both in the APC and the PDP as well as other political parties.

He further added that the decision of an Abuja High Court sitting in Bwari to entertain the suit filed against Senator Stella Oduah by the People’s Democratic Party, PDP who defected to the All Progressives Grand Alliance, APGA will serve as a pointer to what may befall the affected political office holders.

The source further added that the Chief Justice of Nigeria, CJN; Justice Walter Samuel Onnoghen will personally monitor the cases to ensure that the pronouncement of the Supreme Court and the 1999 Constitution are strictly adhered to.

He said that the courts will determine whether there were crises in all the affected political parties to the extent that warranted the defections or not.

The source also told Nigerian Pilot that all the cases relating to defections will be given accelerated hearing in other to meet up with the elections datelines.

It would however be recalled that even though the Supreme Court pronouncement was made in 2007, there have been defections among governors and legislators without any of them losing their seats.

Prominent among governors who defected from PDP to APC in November 2013 are Rotimi Amaechi (Rivers State), Rabiu Kwankwaso (Kano), Murtala Nyako (Adamawa), Abdulfatah Ahmed (Kwara) and Magatakarda Wamakko (Sokoto)

http://nigerianpilot.com/defections-saraki-akpabio-tambuwal-others-may-lose-seats/

lalasticlala

They are waiting to use Stella Oduah as precedence.

It won't work, go to court, they will appeal the judgement and drag all the way to the Supreme Court and by then, May 2019 will pass

My Sons!

Defections are product of supra-natural manipulations.

You are nothing but pencils in my hands.

APCHIT party make una free Saraki.

the only person losing their seat is Buharry.


if he doesnt want to go after losing his seat next year, he will lose his life

Story story

That would be a good precedent. They should all lose their seats.

My village proverb says "what is good for the geese is also good for the ganders."

, APC desperately trying hard

RAPC takes care of the division from APC...


akpabio however... that's another matter...


they should however, all lose their seats...


a law should also be made that defectors are not eligible to contest any elections for the next election cycle.


this would mean that when a person defects, he loses the right to contest relevant elections for the next 4 years.


that would help reduce the spate of defections...

Good move... Long expected this...

If it goes through... PDP would become majority in the senate.

Yes, it is important to have the judiciary fix this.

Why Saraki Should Resign or be Removed as Senate President

They should leave the seats and get out.

Saraki and co are rascals

How can they bite the hand that was feeding them and still expect them to continue eating?

Buhari saw this coming in 2015 when he wanted to appoint officials, but Nigerians wouldn't allow him have a free hand

Look at the end result now.

Saraku issa chameleon.

When he doesn't find what he's looking for, he will run back to APC.

Let's fold our arms and watch

Woe to u people if it is a political move otherwise it is a welcome Ideal.

The same way Buhari will lose seat come 2019

Mynd44:
They are waiting to use Stella Oduah as precedence.

It won't work, go to court, they will appeal the judgement and drag all the way to the Supreme Court and by then, May 2019 will pass

Exactly only ardent followers of Nigerian politics will understand this..

APC trying to get at the lost politicians tru back door judiciary abracadabra

Oshi.omo.ale right now...

Saraki will surely overcome...

I will be very happy if its implemented.

Wow..

How i wish there was even more.

Maybe half of the NASS and Half of the Governors.

Good riddance.

Let's see how it goes. PDP might be the major looser.

PDP will be on the losing end as bye elections will be held again and the APC candidate of most of the defectors' state will emerge. Most importantly, Saraki will no longer be the senate president which is the goal of APC

Mynd44:
They are waiting to use Stella Oduah as precedence.

It won't work, go to court, they will appeal the judgement and drag all the way to the Supreme Court and by then, May 2019 will pass

Exactly Bro...

The case will die natural death as it will be "overtaken" by events after 2019 election and inauguration of the 9th National Assembly

TheOdd1sOut:
They should leave the seats and get out.

Saraki and co are rascals

How can they bite the hand that was feeding them and still expect them to continue eating?

Buhari saw this coming in 2015 when he wanted to appoint officials, but Nigerians wouldn't allow him have a free hand

Look at the end result now.

Saraku issa chameleon.

When he doesn't find what he's looking for, he will run back to APC.

Let's fold our arms and watch

Wake up.

And which of the people appointed by Buhari are doing well?

Dont deceive yourself, its not political parties that turned these men including Buhari to clowns, its a personal thing.

So dont it sound as if Nigeria would have been paradise if Buhari have unconstitutionally imposed a President on the senate.

Be happy cos a set of clowns might lose their seats not because you see it as a compensation for challenging Buhari.

Think for once without party sentiment.

san316:
PDP will be on the losing end as bye elections will be held again and the APC candidate of most of the defectors' state will emerge. Most importantly, Saraki will no longer be the senate president which is the goal of APC

It is impracticable for Oduah or any legislator/Governor to lose seat to defection.

First thing first, a Governor may argue that he has immunity from being sued and before the case is concluded the next election would have been held.

A legislator will also take you on a very long journey till the conclusion of next election and the case will die natural death

just like that?
imagine the cow region controlling oil region and dictating every thing even though they are not educated

Mynd44:
They are waiting to use Stella Oduah as precedence.

It won't work, go to court, they will appeal the judgement and drag all the way to the Supreme Court and by then, May 2019 will pass

You dey hear say the courts will give accelerated hearing?