₦airaland Forum

lexy2014:
But earlier, you emphatically said

What is the process that must be followed?

When speaker as well defected, what happens to the process?

I won't go back and forth with you. I have answered all your questions. You just have to read and understand. Where the Speaker defected as well, then there is nothing anyone can do except by approaching the court.

The Speaker won't declare his own seat and that of the others on his side, vacant. Where the law has stipulated a procedure, you can't adopt another, else it is null and void.

Here are the relevant sections:

109.
(1) A member of a House of Assembly shall vacate his seat in the House if -

(g) being a person whose election to the House of Assembly was sponsored by a political party, he becomes a member of any other political party before the expiration of the period for which that House was elected:

Here is the important proviso - 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;
or
(h) the Speaker of the House of Assembly receives a certificate under the hand of the Chairman of the Independent National
Electoral Commission stating that the provisions of section 110

(2) The Speaker of the House of Assembly shall give effect to subsection (1) of this section, so however that the Speaker or a member shall first present evidence satisfactory to the House that any of the provisions of that subsection has become applicable in respect of the member.

Human cruelty and barbarism.

Brendaniel:
godfatherism can end because it has a beginning, look I don't care about Fubara, what I care about is no man should decide a leader for me in a democratic era....

That is a fantasy. Godfatherism exists all over the world.

lexy2014:
On what basis can the speaker declare the seats vacant?

Failure to meet the requirements of the proviso in section 109 (1) (g).

The Speaker or a member shall first present evidence satisfactory to the House that any provisions of that subsection has become applicable in respect of the member. See S.109 (2) of the constitution.

Agboriotejoye:
They are not in a position to conjure up the condition. The condition is not ambiguous like you people are trying to paint it. A division or factionalisation is when the main organs of the party are divided or mutilated. There is none of such on ground.
What you guys are inadvertently saying is just like the legislators in Plateau who are now relying on supreme Court precedent to claim they remain valid members of the house. They are simply conjuring up what is not in our laws.
If you support Rivers, then you must of necessity support Plateau as well

The condition is not ambiguous but if they said they complied with it, you have no other option but to approach the court and get a judicial pronouncement.

That is because the speaker, who is empowered by the constitution to declare their seats vacant, if the defection does not comply with Section 109 (1) (g), also defected with them. No other person can assume that role. You have to go to court.

lexy2014:
But sectiin 109 (1g) of the constitution is very explicit on the matter that a legislator can forfeit his seat if he or she defects..

So which constitution are you referring to?
..

It is not automatic. There is a process which must be followed and is provided in Section 109 (2) of the 1999 constitution (as amended). The Speaker is the one who gives effect to that provision, where the defection does not comply with the proviso in section 109 (1) (g).

Curtail the excessive travels. Perhaps it is health related.

illicit:
I guess they know already

It's open secret

I heard of one guy that went hiking in Kubwa and he was said to have identified some bandits that they encountered somewhere on the mountain

The used a matchete on his head

There are a lot of mountains in Kubwa, some bad elements hide there

Seriously, something needs to be done.

If at all anything has to be relocated, it should be the headquarters of oil companies to the region where they are drilling oil.

illicit:
Safer ke

See ehn, there are some parastatal offices located in Bwari or Gwagwalada

I stay in Kubwa and I do have some businesses to do there as an education Consultant

I have been scared to near those places

That's the headquarters of kidnapping

Why not give that information to the security agencies? You guys should help this country.

Of course. That is not one of the problems of Nigeria.

lexy2014:
Based on your constitution, do the members who decamped from PDP to APC constitute the properly constituted house?

Based on the constitution, yes, they are still members of the house. The speaker defected with them and only he can declare their seats vacant.

EFCC should also work on that of Odili. We need accountability.

vanitybutiwanti:
you know nothing about Rivers politics, wike made Amaechi governor and after the victory at the court, Amaechi offered to make him commisioner of finance but he turned it down and chose to be chief of staff, Amaechi said at a thanksgiving service that after God, wike was responsible for his emergence. In 2011, Amaechi never wanted wike to be minister, he worked against his emergence, I can send links of the ministerial nominee as proof, he sent Tonye coles name but knowing wike, he always has a way. Ameachi had issues with the Jonathan's and he decamped to APC, wike was a minister in the PDP government, they needed a strong and influential politician to rally the troops to defeat an incumbent governor, do you really expect wike to defect to apc with Ameachi especially considering the role he played to stop his ministerial appointment? You guys talk about things you know nothing about

Wike never made Amaechi the governor of Rivers State. That is a very wicked lie.

In terms of Wike's political career, Amaechi was the one appointing him into different positions and that is a fact that can never be disputed.

IjawWorldBest:
That is a lie.

Fubara was a civil servant at the top of the grade and he was accountant General before in the State.

Wike was motor park boy collecting commission at Obio Akpor when people took him up and carried him along and that includes Jonathan.

Why didn't they control Wike?

Fubara was in the classroom then civil service. Wike helped him ascend to the governorship position and you are now talking trash. Ingrate.

Evercurious:
Just keep quiet and stop saying what you don't know cos of cheap politics.. People's lives are involved here and not a case of " who I support must win'. Grow old with your senses and not leaving part of your growth behind.okay?

No wonder you ve stupid leaders cos stupid followers or citizens like you and your fellow e rats must definitely produce stupid leaders such as the ones we have

You are in a state of delusion. I hope you get the help you urgently need.

Ignorance is bliss.

Evercurious:
Allegation indeed.. abeg shift... Shut up and stop saying what you know nothing about. That's my point

Take your own advice. Confused element.

Paternity issue. If the man is concerned, he will look into it.

Evercurious:
😂 Slander who? You re obviously the noise maker cos you know nothing about what you say. You just talk to score cheap points and sound like ' hurray !! my side' is winning ' .. 😂 at this your age and height? Abeg get busy with something reason6a.d stop all these senseless asslicking in the name of politics .. Okay?

Madam, substantiate your allegation and stop beating about the bush. We get it, asslicking is your favourite word.

Evercurious:
😂 Abeg go rest with your senseless analysis.. so your small head didn't tell you that an indigene that doesn't reside in PH wld most likely not know what's really happening in Rivers state? Abeg shift. I know you must be one of this senseless APC politics people roaming around. And fyi,, if you reside in PH you LL definitely know the answer to that your question

Empty vessel. I knew it would end here. You wanted to get away with your libelous comment. I was simply establishing basic facts.

You are the one who made an allegation but could not substantiate it. Always speak of what you know.

lexy2014:
When you say "properly constituted house", who and who makes it up?

Don't ask me stupid questions. Read your constitution. The speaker of the house has requested for the budget. The members of the house, presided over by him, properly constitute the house and form a quorum.

Evercurious:
😂 I ve been reading in PH for almost 20 years now after NYSC. Lived in obia kpo LGA and phalga now. Works and still do business there . Got my voter's card and still vote in PH. I know his wife who is my name sake. So I know what I m saying

Right. So you are not an indigene but someone who works and resides there.

Anyway, I ask again, how does he treat his wife?

Sctests:
Leave you alone how. She was elected by the people of FCT to represent them. You are just a mere appointee.

Just say appointee.

The president is the highest public official in Nigeria. It is ridiculous to use the word "mere" to describe his appointees. Smacks of lack of awareness, to say the least.

Evercurious:
😂 Which respect? Ask Rivers state people about how he treats his wife.. You re just here talking nonsense cos of politics

Are you from Rivers State? How does he treat his wife? You come online and slander people.

lexy2014:
Regarding the budget, what's the right thing to do?

It should be presented to the properly constituted house for scrutiny and passage.

God1000:
he doesn't owe me anything but I find it a bit disrespectful.

It is deserved. Nigeria has been mismanaged.

Whatisurproblem:
Anthony Blinking is the current De-facto United States president

Nah. There are people behind the scenes more powerful than Blinken. He takes orders.

Lady, look up. Which kind delegation be dis.

Wazobobia:
Werey, Ikwere is not up to 15 percent of Port Harcourt City.

Strangers kperere..

Local champion and his kitchen LGAs. Na Wike dash Fubara dis one na, we no go hear word again. Every time Ijaw.

Wazobobia:
Ikwerre have 3 and half LGAs, Ijaw have 12 and half so how is Ijaw minority?

Grow up.

Only one Ikwerre LGA will swallow all yours. How many people are in your villages? Empty waterfronts.

All your LGAs can fit into my kitchen. All these small kitchen spaces being declared as LGAs. Go and have a sit.

Wherever the votes of the Ikwerres go, there emerges a governor.

Wazobobia:
Ijaw occupy half of Rivers State hence at any given time Ijaw must either be Governor or Deputy.

Only Ijaw has been Deputy of Rivers for straight 24 years before they gave Governor to Ijaw so and Deputy left Ijaw.

You guys are a minority in Rivers State. Stop making noise. Go to Bayelsa where your people are in the majority.

Again, I ask, with all that you stated, how has your problems been solved? How is Bayelsa? Better stop being primitive.