₦airaland Forum

Before you read section 68 and 69 go and learn common sense. Ike Ekweremadu is a leader of the senate who must show no bias with a constitutional process, it is a completely judicial matter that warrants no preempting from the leadership of the senate. Dead on arrival because he says so or because the process ends up saying so? dead on arrival when a good number of his constituents are dissatisfied with him (never mind if they are up to 52%)? We must learn no to indulge these clueless people.

Before you quote me next time learn to show decorum kid.

DamiBukola:
Before you show your crass .... Go and read section 68&69 of the Constitution then

68. (1) A member of the Senate or of the House of Representatives shall vacate his seat in the House of which he is a member if -

(a) he becomes a member of another legislative house.

(b) any other circumstances arise that, if he were not a member of the Senate or the House of Representatives, would cause him to be disqualified for election as a member;

(c) he ceases to be a citizen of Nigeria;

(d) he becomes President, Vice-President, Governor, Deputy Governor or a Minister of the Government of the Federation or a Commissioner of the Government of a State or a Special Adviser.

(e) save as otherwise prescribed by this Constitution, he becomes a member of a commission or other body established by this Constitution or by any other law.

(f) without just cause he is absent from meetings of the House of which he is a member for a period amounting in the aggregate to more than one-third of the total number of days during which the House meets in any one year;

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

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 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 that member.

(2) 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.

(3) A member of the Senate or of the House of Representatives shall be deemed to be absent without just cause from a meeting of the House of which he is a member, unless the person presiding certifies in writing that he is satisfied that the absence of the member from the meeting was for a just cause.

69. A member of the Senate or of the House Representatives may be recalled as such a member if -

(a) there is presented to the Chairman of the Independent National Electoral Commission a petition in that behalf signed by more than one-half of the persons registered to vote in that member's constituency alleging their loss of confidence in that member; and

(b) the petition is thereafter, in a referendum conducted by the Independent National Electoral Commission within ninety days of the date of receipt of the petition, approved by a simple majority of the votes of the persons registered to vote in that member's constituency.

How has the constitution killed the recall process that Ekweremadu says is dead on arrival?
Come and show wisdom, that's the section of the constitution please.

DamiBukola:
Before you show your crass .... Go and read section 68&69 of the Constitution then

davidif:
But the people have a right to recall their elected representatives that's how things work in advanced democracies. In fact, if this where an advanced democracies, almost every Nigerian politician would be in jail today.

Yes and that's exactly where this started getting wrong because it wasn't initiates by the people but by political rivalry from the governors office

ElSherriff:
68. (1) A member of the Senate or of the House of Representatives shall vacate his seat in the House of which he is a member if -

(a) he becomes a member of another legislative house.

(b) any other circumstances arise that, if he were not a member of the Senate or the House of Representatives, would cause him to be disqualified for election as a member;

(c) he ceases to be a citizen of Nigeria;

(d) he becomes President, Vice-President, Governor, Deputy Governor or a Minister of the Government of the Federation or a Commissioner of the Government of a State or a Special Adviser.

(e) save as otherwise prescribed by this Constitution, he becomes a member of a commission or other body established by this Constitution or by any other law.

(f) without just cause he is absent from meetings of the House of which he is a member for a period amounting in the aggregate to more than one-third of the total number of days during which the House meets in any one year;

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

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 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 that member.

(2) 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.

(3) A member of the Senate or of the House of Representatives shall be deemed to be absent without just cause from a meeting of the House of which he is a member, unless the person presiding certifies in writing that he is satisfied that the absence of the member from the meeting was for a just cause.

69. A member of the Senate or of the House Representatives may be recalled as such a member if -

(a) there is presented to the Chairman of the Independent National Electoral Commission a petition in that behalf signed by more than one-half of the persons registered to vote in that member's constituency alleging their loss of confidence in that member; and

(b) the petition is thereafter, in a referendum conducted by the Independent National Electoral Commission within ninety days of the date of receipt of the petition, approved by a simple majority of the votes of the persons registered to vote in that member's constituency.

How has the constitution killed the recall process that Ekweremadu says is dead on arrival?
Come and show wisdom, that's the section of the constitution please.

"satisfy the house". The house has the prerogative to say, hey INEC, we are not satisfied with what you have so we are rejecting your letter.

You see yourself?

Please...point the exact sentence in section 69 that says "satisfies the house"
69. A member of the Senate or of the House Representatives may be recalled as such a member if -

(a) there is presented to the Chairman of the Independent National Electoral Commission a petition in that behalf signed by more than one-half of the persons registered to vote in that member's constituency alleging their loss of confidence in that member; and

(b) the petition is thereafter, in a referendum conducted by the Independent National Electoral Commission within ninety days of the date of receipt of the petition, approved by a simple majority of the votes of the persons registered to vote in that member's constituency.

DamiBukola:
"satisfy the house". The house has the prerogative to say, hey INEC, we are not satisfied with what you have so we are rejecting your letter.

You see yourself?

ElSherriff:
68.
(2) The President of the Senate or the Speaker of the House of Representatives, as the case may be, shall give effect to the provisions... shall first present evidence satisfactory to the House concerned that any of the provisions of that subsection has become applicable in respect...

Please read this section with a free mind especially from the word.

The house has the final say whether there is satisfactory evidence.

skedman:
have you prepared for your own fathers burial too because it may come before the president

I just came around since a really long time....I am nt going for word exchange nt today not tomorrow...I free u wholeheartedly bro....bury ur father in peace


be responsible by not replying. .......kiddo

DamiBukola:
And your presidiot is one of them and he is at the verge of dying prematurely as per his mandate.

Ntoooorrrrrr

if indeed he is bent on destroying the country, so be it for him

Are you even a lawyer? You will lose several cases on the basis of this. You are focusing on section 68, sub section 2 as a yardstick and qualifier for section 69 which is a stand alone. The senate president or house of representatives speaker 'giving effect' is instructive of the provisions of section 68 and not section 69. So that the points raised in section 68; which must be already glaring by the way, should be backed by the leader. Putting it into context, if a member of the house wins an election in another house, his certificate of return and subsequent confirmation in that house now becomes the tool-of-effect to be considered by leadership of the house (senate and representatives) the when evaluating the provisions of section 68.

So your quote is out of context, its like saying a portion of section 1 of the constitution has effect on section 50 when both issues are mutually exclusive.

Finally, it is the prerogative of the judiciary through the independent national electoral commision to verify the authenticity of the recall process and not the senate president emotively speculating that the recall process is dead arrival.

DamiBukola:
Please read this section with a free mind especially from the word.

The house has the final say whether there is satisfactory evidence.