₦airaland Forum

NgeneUkwenu:
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/

TimFisher2:
NgeneUkwuewu stop disgracing your IQ

Not only 1/3 but also battalion of soldiers to eject them

Anuofia!

What do you expect from a bittered woman that has not mensurated for 35yrs

ican2020:
test with herdsmen first

Ztittude:
More than 50 Soldiers recently lost their life in an ambush.
Did V.P visit...
I don't want to talk of the president but he can go for his party New building campaign launching

SMH

sneezeemek:
why am I feeling u re more desperate than APC National chairman? you're active on every single news page that have to do with Apc..I hope u won't exhaust yourself over nothing bcoz they don't really care about you

SEONaijaExpert:
It's of no doubt that so many politicians that defected to PDP will be disappointed in 2019.

Mark my words!

Ezenwammadu:
See painment

midolian:
Deji is a fool..

The way he, the defectors and his lazy misguided lots from the oza side(called pigs in some quarters) will cry after 2019 elections will be super cool and entertaining to see.

2019 will be a year full of surprises and disappointment

datribune:
Ortom is a political liability.
He has been a disastrous Governor & no way would APC or Akume allow him a second term.
He has made Benue very unsafe.
What most people don't know is that Ortom was actually d one who employed Aliyu Teshaku as Head of Livestock Guards. Teshaku turned out to be d mastermind of d Benue killings. It's good riddance. He must be brought to book

Richdad50:
Anyone who lives in Yoruba Land is one way or the other affected by rape. Why?

NgeneUkwenu:
�

Meritbaba:
Wailers will wail but it won't be enough to stop EFCC, I'm in support of anything that will ensure our common wealth returned.

Lautechgossip:
Looking good is very important, but how many men actually know what it takes to look good

Here are 19 style rules every man should live by

1. Your belt should match your shoes.

2. If you are wearing a black suit, wear black shoes.

3. If you are wearing gray, blue, tan or a combination thereof, please use brown shoes.

4. Get a haircut regularly. Don’t wait until everyone around you knows you need one.

5. Never go out without a wristwatch.

6- If you want a thinner and smart look, go for vertical-striped shirts.

7- You should have at least three suits in your wardrobe.

8- Your tie should cover your collar button down to your top trouser button. Anything longer or shorter makes you look awkward.

9- Have at least one pair of dress shoes.

10- Wear slippers only at home and the beach.

Never leave your house with slippers.

11- If you want to use a tie, use it properly.

Avoid wearing a tie with an untucked shirt or wearing a tucked shirt with a slightly loosened tie.

12- Never match blazers with dress trousers.

13- Do not leave your house with wrinkled clothes.

14- Match your belt to your belt loops. Don’t wear a thin dress belt with trousers that have big belt loops.

15- Always have an elegant pen with you. It helps you look sophisticated and ready.

16- Have lots of white shirts because white shirts make you look like a boss.

17- Wear simple t-shirts without a photo or write-up on it. They make you look simple but sophisticated.

18- Your trousers are too short if you can see your socks as you walk. Your trousers should end just at the top of your shoes.

19- Never be seen wearing boxer or vest out of your bedroom, they are called under wear.

Brothers, take note of the above.

Madam, show these to your husband. Make him look trendy.

http://clemcyebo..com/2018/07/19-quality-dress-code-for-men.html

abiolert:
Bro this is a different ball game

abiolert:
Pls just honourably resign

duduade:
Ben Bruce is just a two faced bleached failed twitter Senator