The
speaker of the House of Representative, Hon. Aminu Tambuwal’s security
personnel were redeployed today by the police for defecting from the People’s
Democratic Party(PDP) to the strongest opposition party in Nigeria the All
Progressive Congress(APC) yesterday. It was gathered that this move by the
speaker is to enable him to further pursue his political career for the post of
the Executive Governor of Sokoto State Nigeria which he doubt to be visible in
PDP.
This
latest development has been condemned by all, it is seen as a move to frustrate
the speaker because of his defection from the ruling party, i got series of
messages asking me to shed light on this move, someone went as far as saying
when the Governor of Ondo State Olusegun Mimiko decamped from the Labour Party
in whom he got his mandate to the People’s Democratic Party no one asked him to
resign from office.
The
constitution of the Federal Republic of Nigeria is supreme and all provisions
shall be binding force on all authorities and persons throughout the Federation
and that is what we shall base this discussion.
Chapter
V of the CFRN discuss the Legislature which comprises of the National Assembly
and State Assembly, Section 68 of the Chapter V provide for the tenure of seat
of the members that where a member of the Senate or House of Representative
shall vacate his seat in the house of which he is a member if a-g but we shall
quote G for the purpose of this discussion
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 he was
elected.
From
the above provision and as far as PDP is concerned the seat of the speaker is
vacant but exception to this provision is where 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 which he was previously sponsored.
Chapter
VI of the CFRN (EXECUTIVE POWER ) by
virtue of Section 180 and 182 which talk about disqualification and tenure of
office of the Governor of the state is silent on whether a governor whose
election to the post was sponsored by a political party , decamps to another
before expiration of his tenure is expected to
vacate his/her seat.
Conclusively,
by virtue of the provisions of the constitution it will be right to say that
the PDP can declare the speaker’s seat vacant but Labour Party cannot declare
Gov. Mimiko’s seat vacant.
I
think it is time the constitution of the Federal Republic Of Nigeria be review so
that political parties will not continue to capitalise on the loopholes for
their selfish desires.
Long
Live Federal Republic Of Nigeria.
Thank
you,
Oyenike
Alliyu-Adebiyi LLB(hons)BL
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