And the Constitutional Infractions Continue Let me make it clear from the on-set, am not a fan of PDPs brand of politics; neither would I fall over, over APC. As far as I am concerned, there is no difference between the two parties. APC in fact may be a greater monster if it were privileged to put one of its members in Aso Rock. One is therefore compelled to look at the activities of the political characters in the two parties. Much as I agree that withdrawing House Speaker Aminu Tambuwwals security detail by the Inspector General of Police is politically motivated, I find Tambuwwals defection from PDP to APC a violent assault on the 1999 constitution. Of course some people would argue that it is not new since examples abound. My own opinion however is that it has never happened with a leader of the highest law-making organ in the country. For a leader of the highest legislative organ in the land to brazenly and wantonly disparage the constitution speaks volumes for the character of our political actors. And for a party that claims to have a mission to enthrone an enduring political order where the rule of law prevails, to go applauding the Speakers action just because it benefits it, speaks a lot about the motive of the party. Now, let us look at the issues. Section 68. (1) of the 1999 Constitution of the Federal Republic of Nigeria states inter aliaA 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. Given the above provisions, perhaps the one applicable to Tambuwwal and for which he ought to quit his seat as both speaker and member of the House is section 68 (1)g. Looking at the proviso in section 68(1)g, can one say that there is a division in PDP, a party under which Tambuwwal was elected member of the House of Representatives? The answer is of course no! Has PDP merged with another party? No! Is PDP factionalized? Again, the answer is no! On what possible constitutional basis, then, should Tambuwwal remain as member and Speaker of the House of Representatives? I know it is popular to cite previous examples of a legislator defecting without quitting his seat. However, I opine that Tambuwwals case is different given his position in the National Assembly. For Gods sake Tambuwwal is the Speaker of the House of Reps. As the Speaker he ought to show good example of what constitutional rule ought to be regardless of whatever previous occurrences. If he had quit his seat as Member and Speaker of the House, a new benchmark, or precedence, would have been set in our Legislature - just as Chris Ngige did in the Executive when he vacated office as Governor of Anambra State when the court declared Peter Obi legitimately elected as governor instead of he Ngige. Be that as it may, one is not unmindful of PDPs insincerity in the whole defection drama. Why is it that the heavens do not fall when an elected public official defects from opposition party to PDP, even where the above constitutional provisions do not apply? Why does it become instant drama when reverse is the case, when an elected public official defects from PDP to opposition party? Governor Mimiko of of Ondo State defected from Labour Party to PDP in similar circumstances as did Tambuwwal and the heavens did not fall. PDP gladly welcomed Mimiko with open arms and never touched his security detail. Why is the same PDP now crying wolf in the case of Tambuwwal and is quick to prevail on the IGP to withdraw his security detail? Is the IGP now under the control of the PDP or the Federal Government? Tambuwwal is still the Speaker of Nigerias House of Representatives. So instead of the PDP to instigate the withdrawal of his police security detail in an arm-twisting game, what it should have done is to go to court to enforce the provisions of Section 68 (1) of the 1999 constitution. That the Presidency is a part of this chicanery is unfortunate but not surprising.
Posted on: Sat, 01 Nov 2014 11:43:11 +0000
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