I blame our courts that have abdicated their responsibilities through judicial laziness & 'delay syndrome.' I blame the lawyers who engage in all sort of delay tactics to frustrate justice. I blame a society where everything (including the Rule of Law) has been politicised. The impact is more felt when the lay ones become interpreters of our constitution, while the "learned ones" engage in 'game theory' of interpretation.
Rt. Hon. Aminu Tambuwal, the Speaker of Federal House of Representative, Abuja, Nigeria is no doubt a shrewd politician. Recall that he contested and won the speakership position against the wish and aspiration of his then political party, PDP. Apparently, the opposition legislators gave him the winning vote. His anti-PDP propensities are as old as the present House.
Tambuwal is not the speaker of the PDP caucus, he is that of the entire House. Smart enough, he timed his defection at a time when the PDP must have lost the numerical strength to oust him from his primus inter pares position.
And a recess was declared. It was never reported that the Speaker imposed the recess in the House. It was a recess OKed & approved by the entire House. It is not on record that any member of the House objected to or opposed the recess. They all welcomed it because it will afford them the chance to go run errand for the forthcoming election... And so there was recess.
Tambuwal acted like our 'men of god' who know what the congregation wants to hear and that they say to the congregation.
Now the PDP saw the recess as a ploy to shortchange them and all that could happen is for the power that be to strip the Speaker of his security details. Citing s. 68 (1) (g). They said the speaker has lost his seat having defected to another political party. The police claim they have a duty to uphold the constitution. Pity!
Who has the duty to give effect to s.68 (1) (g) of the Constitution of Nigeria 1999 (as amended)?
That is the question the "game theorists" and the lay interpreters of our Supreme Constitution have deliberately refused to avert their minds to.
By that same s.68, subsection (2) precisely, the Senate President or the Speaker of the House is empowered to give effect to the provision of s. 68 (1) after a satisfactory evidence is first presented to the House concerning that any of the provisions of the subsection has become applicable in respect of that member.
On the other hand, s. 6 (6) (a) & (b) give the courts inherent powers which the constitution says extends to all matters between persons, or between government and authorities and to any persons in Nigeria, and to all actions and proceedings relating thereto, for the determination of any question as to the civil rights and obligation of that person....
If the PDP caucus feel the need for the House to reconvene, the House Rules enables that. They can compel the Deputy Speaker to write the Speaker to reconvene the House; the Speaker failing, they get a signature of 1/3 members of the House (which they have and can get) to reconvene the House. And if the Speaker absents himself, the Deputy Speaker can preside. It could even be an opportunity for the Deputy Speaker to declare the Speaker's seat vacant, if not that matter relating to the issue as to whether a member who defects to another political party loses his seat, is before the court and noting the House Rules which say that the House shall not take decisions on any matter before that court until the court finally decides. This was the position the Senate President, Sen. David Mark in his characteristic maturity took when he was called upon to declare the seats of defected Senators vacant.
Alternatively, the PDP would have to be patient to wait for the Court decision on the matter, since it's already before the court... Let the court decide whether Tambuwal and other members lose their seat or not by defecting.
On a political note and as an aside, after all, the PDP have been aware of Tambuwal's anti-party activities and they condoned it. He has been attending APC meetings and scarcely attended PDP's. Why haven't they sanctioned him? Amaechi and his co-travelers that were suspended from the PDP didn't even engage in more anti-party activities than Tambuwal did. Yet PDP afforded him the chance to maneuver.
The swift politician has approached the court to seek redress which he would sure get as the courts are wont to ask parties to maintain status quo till final determination of the matters before the court. (Which is likely to last beyond February, 2014, by which time Tambuwal may have won the Sokoto guber election.)
The same way they almost mishandled Sanusi Lamido Sanusi.
There have been series of defections and counter-defections. I am not unaware that some members of other political parties have defected to PDP as well. Has anyone declared their seats vacant?
What trash then is the police talking about defending the constitution?
And to the PDP, lets hope the court rules that a member who defects loses his seat, until then, the addition and subtraction will be done and then the majority and minority will be determined.
Until then let it be borne in mind that Nigeria is not practicing a Parliamentary System of Government where the political party with the highest number of seats in the Legislative House forms the government.
LET'S ALLOW THE RULE OF LAW TO THRIVE IN OUR DEAR COUNTRY NIGERIA.
Reginald A. Uzoechi.
November 1, 2014.
Rt. Hon. Aminu Tambuwal, the Speaker of Federal House of Representative, Abuja, Nigeria is no doubt a shrewd politician. Recall that he contested and won the speakership position against the wish and aspiration of his then political party, PDP. Apparently, the opposition legislators gave him the winning vote. His anti-PDP propensities are as old as the present House.
Tambuwal is not the speaker of the PDP caucus, he is that of the entire House. Smart enough, he timed his defection at a time when the PDP must have lost the numerical strength to oust him from his primus inter pares position.
And a recess was declared. It was never reported that the Speaker imposed the recess in the House. It was a recess OKed & approved by the entire House. It is not on record that any member of the House objected to or opposed the recess. They all welcomed it because it will afford them the chance to go run errand for the forthcoming election... And so there was recess.
Tambuwal acted like our 'men of god' who know what the congregation wants to hear and that they say to the congregation.
Now the PDP saw the recess as a ploy to shortchange them and all that could happen is for the power that be to strip the Speaker of his security details. Citing s. 68 (1) (g). They said the speaker has lost his seat having defected to another political party. The police claim they have a duty to uphold the constitution. Pity!
Who has the duty to give effect to s.68 (1) (g) of the Constitution of Nigeria 1999 (as amended)?
That is the question the "game theorists" and the lay interpreters of our Supreme Constitution have deliberately refused to avert their minds to.
By that same s.68, subsection (2) precisely, the Senate President or the Speaker of the House is empowered to give effect to the provision of s. 68 (1) after a satisfactory evidence is first presented to the House concerning that any of the provisions of the subsection has become applicable in respect of that member.
On the other hand, s. 6 (6) (a) & (b) give the courts inherent powers which the constitution says extends to all matters between persons, or between government and authorities and to any persons in Nigeria, and to all actions and proceedings relating thereto, for the determination of any question as to the civil rights and obligation of that person....
If the PDP caucus feel the need for the House to reconvene, the House Rules enables that. They can compel the Deputy Speaker to write the Speaker to reconvene the House; the Speaker failing, they get a signature of 1/3 members of the House (which they have and can get) to reconvene the House. And if the Speaker absents himself, the Deputy Speaker can preside. It could even be an opportunity for the Deputy Speaker to declare the Speaker's seat vacant, if not that matter relating to the issue as to whether a member who defects to another political party loses his seat, is before the court and noting the House Rules which say that the House shall not take decisions on any matter before that court until the court finally decides. This was the position the Senate President, Sen. David Mark in his characteristic maturity took when he was called upon to declare the seats of defected Senators vacant.
Alternatively, the PDP would have to be patient to wait for the Court decision on the matter, since it's already before the court... Let the court decide whether Tambuwal and other members lose their seat or not by defecting.
On a political note and as an aside, after all, the PDP have been aware of Tambuwal's anti-party activities and they condoned it. He has been attending APC meetings and scarcely attended PDP's. Why haven't they sanctioned him? Amaechi and his co-travelers that were suspended from the PDP didn't even engage in more anti-party activities than Tambuwal did. Yet PDP afforded him the chance to maneuver.
The swift politician has approached the court to seek redress which he would sure get as the courts are wont to ask parties to maintain status quo till final determination of the matters before the court. (Which is likely to last beyond February, 2014, by which time Tambuwal may have won the Sokoto guber election.)
The same way they almost mishandled Sanusi Lamido Sanusi.
There have been series of defections and counter-defections. I am not unaware that some members of other political parties have defected to PDP as well. Has anyone declared their seats vacant?
What trash then is the police talking about defending the constitution?
And to the PDP, lets hope the court rules that a member who defects loses his seat, until then, the addition and subtraction will be done and then the majority and minority will be determined.
Until then let it be borne in mind that Nigeria is not practicing a Parliamentary System of Government where the political party with the highest number of seats in the Legislative House forms the government.
LET'S ALLOW THE RULE OF LAW TO THRIVE IN OUR DEAR COUNTRY NIGERIA.
Reginald A. Uzoechi.
November 1, 2014.
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