Thursday, 30 October 2014

HON. AMINU TAMBUWAL'S DEFECTION AND ITS CONSEQUENCES


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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