₦airaland Forum

While the labour party fruadster Abia state governor is busy celebrate JB logo as achievements

Jubilations and celebrations all over south east as president TINUBU arrived Enugu state

This is Victory for democracy

And PETER OBI illiterate Obidients retired him automatically immediately after 2023 election , obi is now going to VIPs houses and beg them to snap pictures with him.

Do anyhow and see anyhow, WIKE you are truly a patriotic comrade

Mr over too know constitution say division you are here bringing crisis in to it, stick on what is exactly writing in it. That's how you guys are misleading FUBARA with different interpretation just to get something from him. Sycophants everywhere 🤣🤣 to you defect and lose your seat is only applicable to rivers state sycophants must eat

Validated:
Courts have no power to determine if a party has division, neither is a member able to, only the NWC can do that. As long as NWC is intact, division CANNOT be established.
Note that there is a difference between CRISIS and DIVISION. If two national officials are contesting a position, that is MERE CRISIS. A division happens when the national leadership operate two different FACTIONS.
With respect to the case of Rivers, the 27 idiots have lost their seats Tay, Tay!

The agulu fraudster will soon misinterprete what IGP said in a hateful and provocative manner

Say it louder Mr WIKE , anyone that think otherwise should hug transformer with full power supply immediately

Thank you very much Mr WIKE for exposing the sycophancy in odili who was busy claiming elder stateman

immortalcrown:
No.

Changing your phone number is just like changing your clothes. Changing your clothes cannot keep your body clean if you have not bathed.

Trying to use changing of your phone number to solve the problem is like chasing the shadow. Whoever you want to avoid can get and call your new number. The same person you want to avoid can stop calling your old line and will even delete it on his or her phone. So, the solution lies in your attitude, not in whichever phone number you use.

100% well said

NOETHNICITY:
Hopefully so

ok

Atm99:
Good day Nairalander,

I am one those that believes "One Good Turn Deserve Another", and As a patriotic Nigerian and with what am seeing I believe Tinubu don't deserve another 4years in Aso Rock.

bitter Obidient detected nairalanders

NOETHNICITY:
The guy is smart to have started his campaign very very early this time around

Nigerians are smart to vote against him also 😆

He should come out on Monday anywhere in imo state and seek for support to his father

Well said Mr WIKE, the people he mentioned he fought to reclaim the party structure are still alive and also at the program.

muykem:
Wike is doing absolutely well as FCT minister. He should please leave Fubara alone also.

FUBARA is not ready to do anything as governor, Chris NGIGE face more than him, yet he did very well as governor of anambra state

Nobody can tell their is no division, only the member that defect can tell where their is division and that is left for the court and the member

Mightyodi:
DEFECTION AND VACATION OF LEGISLATIVE SEAT UNDER THE NIGERIAN CONSTITUTION

To address the issue of defection and the consequent vacation of a legislative seat, we must turn to the provisions of Section 109(1)(g) of the Nigerian Constitution (1999, as amended), which states:

> "A member of a House of Assembly shall vacate his seat in the House if, 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."



Interpretation of Section 109(1)(g)

Under this provision, a member of the legislature who defects from their sponsoring political party (e.g., the AA) to another party (e.g., the BB) is required to vacate their seat unless one of the following exceptions applies:

1. Division: There is a genuine division within the AA, creating recognizable factions.


2. Merger: The AA has merged with another political party or faction.



Application to a Case Scenario

"Lets consider a speaker of the house and some members of legislators in party AA decides to defect in their numbers to party BB".

In assessing the case scenario defection of certain legislators from the AA to the BB, the key question is whether either of these exceptions—division or merger—exists.

If evidence of a division or merger within the AA is established, their defection would be lawful under the Constitution.

If no such evidence exists, the defection is unconstitutional, and the defecting members are required to vacate their seats under Section 109(1)(g).


It is the responsibility of the judiciary to determine whether there was credible evidence of a division or merger in the AA. Without such evidence, the members’ actions would contravene constitutional provisions, necessitating their removal from office.

Another talking point is consideration of plenary session. There is need to establish that the action of defection took place in a plenary session which is in line with provisions of the constitution.


The valid question is whether plenary sessions can validate such defections.

Section 63 of the Constitution stipulates that the National Assembly must hold plenary sessions for not less than 181 days in a legislative year. A similar requirement applies to state legislatures.

Key Questions for Judicial Determination

1. Can plenary sittings be considered legal processes?

Answer: Yes. Plenary sittings constitute formal assemblies of the legislature, conducted for the purpose of lawmaking and guided by constitutional provisions.



2. Can the outcomes of plenary processes be legally binding?

Answer: Yes, the resolutions and decisions made during plenary sessions are legally binding, provided they follow prescribed constitutional procedures.




Application to the Defection Process

If the Speaker of the house and other legislators formally declared their defection during a plenary session, the process could be considered part of the legislative procedure. Do their actions have legal standing and conforms to Section 109(1)(g)?
The declaration of defection, even if made in the hallowed chambers of the Assembly, must be scrutinized for its constitutional validity. Without evidence of a division or merger in the party AA, their actions remain unconstitutional, and the defecting members are obligated to vacate their seats.

In conclusion, the constitutionality of the legislators’ defection depends on both the existence of exceptions outlined in Section 109(1)(g) and adherence to proper legislative procedures.

coputa:
evidence, when it is known in the public domain, okay I should also post evidence that there's disagreement between wike and Fubara

just keep quiet if you can't post it

Frigga13:
Wen you see your father .. call him son.

Adashu

APC ZO**

Ok

Frigga13:
APC and their many brain d*** bots ..

Oga dey read well.. I dey hold phone upside down


Dem no go pay you for this post.. walahi

Stale try again son

Everyone using WIKE name to milk unfortunate FUBARA in the name of support against WIKE sycophants elders with fraudulent minds 😆😆

This is very commendable from the DSS

Thank you Mr WIKE for exposing the sycophancy in odili who was busy claiming elder stateman

thunder Kee una with that gold

Hahahaha chai this life, the whole OBI trying very hard to get Media attention now 😆😆😆

The only way to get your own share from FUBARA is to claims support against WIKE 🤣🤣

Jubilations and celebrations all over Enugu state

lokito:
Please do not disrespect a sitting governor like this now. You call our governor mumu? That's very disrespectful.

That is what he his na

coputa:
didn't you hear the amount of money wike said fabura should be giving to him as a godfather

If he does that, nothing will be left to run the state

Post evidence here for everyone to read when WIKE said that or keep quiet

zebszebs:
*havent* or *hasnt*?

A full-grown aAbaya like you doesn't know the difference between singular and plural?

Are you under a spell or mentally challenged?

ogolemati chaiii 🤣🤣🤣

Creedng:
Haboki with his pea brain 🤣🤣

What has Tinubu that you asslick achieved ?

sycophant detected 😆😆 FUBARA over to you

Typing:
Eyahh the thing pain this Tinubu's Yoruba agent well well

Ok