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Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker - Politics (5) - Nairaland

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Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Nobody: 9:48am On Oct 29, 2014
ocholawealth:
It beats my imagination to hear or perhaps read online, adults of all stand spurting and spewing words as though they lack rudimentary knowledge in government as a subject. Tambuwal still remains the speaker not until he is removed. I humbly believe that a speaker from a different party other than the ruling party is healthy for parliamentary disinterested scrutiny of executive bills. Hence, a good omen in furthering the course of our democratic experimentation.

That is your own opinion, it remains to be seen how it will stand.Nobody will torelate a minority in power, it will never happen
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by sholasys: 9:51am On Oct 29, 2014
Clerverly:
I read an article somewhere, where Oliseh Metuh of PDP, called for the resignation of Hon. Tambuwal for ditching a party on whose majority he rose to the office of the speaker house of Representative.

In his exact words: “After a thorough consideration of the matter, the NWC came to a conclusion that the Hon. Speaker, as a responsible elected officer, knows full well what is needful and honourable of him since his new party is in the minority [in the House]” he said.

I have also read some comments offline and online, when some ignorant/paid commentators have started insinuating that Hon Tambuwal May lose his office for simply not fulfilling the requirements of the law as regards the position of speaker.

It is very unfortunate that some Nigerians including public office holders are too lazy, to read the elementary sections of our Constitution, some of which are self explanatory.

Now, let us examine what Chapter V, Part 1 (Composition Of National Assembly) sections 47 -50 of the Constitution Of The Federal Republic Of Nigeria holds:


There shall be a National Assembly for the Federation which shall consist of a Senate and a House of Representatives.

48. The Senate shall consist of three Senators from each State and one from the Federal Capital Territory, Abuja.

49. Subject to the provisions of this Constitution, the House of Representatives shall consist of three hundred and sixty members representing constituencies of nearly equal population as far as possible, provided that no constituency shall fall within more than one State.

50. (1) There shall be:-

(a) a President and a Deputy President of the Senate, who shall be elected by the members of that House from among themselves; and

(b) a Speaker and a Deputy Speaker of the House of Representatives, who shall be elected by the members of that House from among themselves.

(2) The President or Deputy President of the Senate or the Speaker or Deputy Speaker of the House of Representatives shall vacate his office -

(a) if he ceases to be a member of the Senate or of the House of Representatives, as the case may be, otherwise than by reason of a dissolution of the Senate or the House of Representatives; or

(b) when the House of which he was a member first sits after any dissolution of that House; or

(c) if he is removed from office by a resolution of the Senate or of the House of Representatives, as the case may be, by the votes of not less than two-thirds majority of the members of that House.

So where did PDP find the supposedly "loophole" or authority in law, in asking Hon. Tambuwal to resign? The only option left for them, is to rally their members and see if they can muster the required number when plenary resumes in decemeber, in order to satisfy Section 50, subsection 2 C as highlighted above.

Anything else is calling for anarchy!

CC; Barcanista, Omenka, Berem, Obiagelli, Neenar, Donphilopus, ibsultan, Gbawe,pataki, edcure, pendy97, and the progressives!



Ops!! You deliberately ignore the other part of the constitution that talks about CROSS-CARPET. You stand to loose your position in the hallow chamber when you decamp to other party. Note that Tambuwal was elected as a house of Rep on the platform of PDP to the National Assembly first before which he became the Speaker through same platform. So He needs to resign as the SPEAKER, you can not compare it with other elected position like Gov. Mimiko and other that decamped.

THE QUESTION IS - WOULD TAMBUWAL BE THE SPEAKER OF THE HOUSE IF HE WAS FORMERLY FROM OPPOSITION PARTY ? NO, SO HE MUST RESIGN
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Omimah: 9:55am On Oct 29, 2014
chukwudi44:


If you read section 68 of the same constitution you would have realized Tambuwal ceased to be a HOR

member d moment he decamped to APC
I'm sure you mean section 68 (1) (g)? Go find out if there is a division in the Sokoto State chapter of the PDP.
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by location(m): 9:59am On Oct 29, 2014
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Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by kaffy4tope(m): 10:16am On Oct 29, 2014
We are watching...... cool

Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Datsme: 10:23am On Oct 29, 2014
PhockPhockMan:
While you're planning how to eat cocoa yam, cocoa yam is planning to ruin your belly.

Tambuwal has never been a member of PDP, he merely dumped ANPP to contest and win Under PDP. PDP knows him since day one, and have been strategizing.
He has done his own, PDP will certainly do theirs.
They wil do w@ they v nt bn able to do all ds while? He contested for d speaker post against their wil n won, he hs bn romancing d opposition n yet they r nt able to do anything
#Mtcheeeew
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by eleko1: 10:26am On Oct 29, 2014
sad grin angry grin ;DI wonder oooo.Set of Jesters.
500samuel:


the Constitution never made mention of executive decamping grin grin grin grin
grin
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Nobody: 10:30am On Oct 29, 2014
Whenever some members defect from another party to pdp, nobody ask for resignation(for example mimko who left the labour party to PDP), however someone defects from PDP to another party dey ask for resignation just imagine!. On what bases, the mere fact PDP give automatic ticket without primaries shows it not a true party, no matter hw perfect any candidate is every member ones meeting all requirement should be given the opportunity to run, i remember hw they tried to ensure mulikat becomes the speaker, if nt that tabuwa was dogged. Abeg make them go sleep. I am tired of them abeg, for all i knw they have nothing to offer, same stories. let try somethin new, that why it called democracy.
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by AZeD1(m): 10:36am On Oct 29, 2014
pro01:


Who is talking about a law court? We're talking about conventions accepted worldwide as standard practice. . . we're talking about good old pollitics here. And the political solution to Tambuwal's dishonourable behaviour is to remove him by any means, legal or extra-legal. That's what's up.

Meanwhile, what would "fly in court" is that he defected from the party on whose platform he was elected into the HoR - even though there is clearly no division or FACTION in the party (which is the only exculpatory condition stipulated by the constitution for such action)..
The bold part is bullsh*t. Show me with proof how many speakers have changed party and resigned because they moved to a minority party.


PS: You know GEJ is from a minority tribe, how come you don't have a problem with that?
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by lotasha(f): 10:40am On Oct 29, 2014
am enjoyin dis
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by yousee(m): 10:54am On Oct 29, 2014
BruzMoney:


Pls where can I download it??
It's on BBWORLD and on Google play store

1 Like

Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Nobody: 11:06am On Oct 29, 2014
sholasys:



Ops!! You deliberately ignore the other part of the constitution that talks about CROSS-CARPET. You stand to loose your position in the hallow chamber when you decamp to other party. Note that Tambuwal was elected as a house of Rep on the platform of PDP to the National Assembly first before which he became the Speaker through same platform. So He needs to resign as the SPEAKER, you can not compare it with other elected position like Gov. Mimiko and other that decamped.

THE QUESTION IS - WOULD TAMBUWAL BE THE SPEAKER OF THE HOUSE IF HE WAS FORMERLY FROM OPPOSITION PARTY ? NO, SO HE MUST RESIGN
Which Constitution are you referencing? i will like to see
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by aris2014(m): 11:08am On Oct 29, 2014
barcanista:
That is for the court to interpret. Remember, such precedence was set by the PDP. Honestly, the PDP should go to court if they are not satisfied BUT they must be prepared to lose members and Segun Mimiko if the court grants their prayers. In other words, it will boomerang
If that's the case the APC we be ready to loose their five governor, who left pdp to join apc
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Nobody: 11:11am On Oct 29, 2014
aris2014:

If that's the case the APC we be ready to loose their five governor, who left pdp to join apc
unfortunately NO! As at the time of the G5 decamp, there was split in PDP NEC. Oyinlola had his own faction- led by Baraje. He Onyinlola got the court judgement in his favor as regards the Secretary of PDP, however other members of NEC were with Bamanga Tukur. Hence, there was a faction/division in PDP as at the time the Govs decamped.
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by twinstaiye(m): 11:17am On Oct 29, 2014
My grouse is that, both party are birds of the same feather. Dont be deceived especially those crying for change, if the Speaker by defecting doesnt find it morally right to resign, then what are we talking about as regard APC? I beg let PDP continue jare, the evil we know is better than unknown one.
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Kingslaw(m): 11:20am On Oct 29, 2014
southsouthman:
Ops you forgot the part of the constitution that says a member of the national assembly stand to lose his/her seat if the person decamp away from the party for which he is voted into the house where there are no factions. So is it honourable for Tambuwal to resign knowing what the constitution says about decamping. Ops it is wrong for you to mislead the public by referring to only a section of the constitution
section 68 of 1999 constitution
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Demdem(m): 11:27am On Oct 29, 2014
cyberguy72:
Tambuwal should just do the needful and step down. You cant eat your cake and have it .You cant be in the Minority and still want to be the speaker its unheard of.

Are u aware that he became speaker as against the wishes of his party that wanted a yoruba woman? Why must he resign because the killer party said so?
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Franzeez(m): 11:28am On Oct 29, 2014
soroptimist:
Jonathanians are so daft and bereft of knowledge about the dictates of the Constitution.

To them,anyone that is against their Lord and Saviour GEJ must be crushed even if it means trampling on the constitution

Next febuary after the election u will shut up ur mouth
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Tonylyte(m): 11:28am On Oct 29, 2014
berem:
story for the gods!


Sai Tambuwal 2015 for Sokoto governor!
U see why me and cohorts dont like you? U dont know how to debate political issues, u shouldnt be found here, perhaps u should be in one of those ''culture and culture tantamounting forums'' doing things there. U dont come up with logical facts to disapprove poster's claims, what u do i to throw one offtopic insults and get likes from your jan...jaweeeedians folks who are not ready to advice you to go and marry....for your days are almost gone. Hippopotamus!
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by drnoel: 11:29am On Oct 29, 2014
soroptimist:
Jonathanians are so daft and bereft of knowledge about the dictates of the Constitution.

To them,anyone that is against their Lord and Saviour GEJ must be crushed even if it means trampling on the constitution

Not really. Don't be too eager to point fingers on GEJ supporters of which I am one. But the constitution is clear on Timbuwals case so if PDP can't impeach him they should shut the 4k up.
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by jennygovy(f): 11:32am On Oct 29, 2014
But why should he shift pleanery to 3rd december. He cannot be in a party with minority members in d house and expect to lead d majority, I think its not done. Just my own opinion
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Kingslaw(m): 11:35am On Oct 29, 2014
barcanista:
Which Constitution are you referencing? i will like to see
68.(1)A member of the Senate or of the House of Representatives shall vacate his seat in the House of which he is a member if - (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; or
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Nobody: 11:38am On Oct 29, 2014
AZeD1:

The bold part is bullsh*t. Show me with proof how many speakers have changed party and resigned because they moved to a minority party.

In sane climes, leaders of parliament do not decamp from their party (which is always the majority party) to another, so I wonder what nonexistent proof you need. In any case, kindly give just one instance of where an incumbent Speaker/head of parliament is a member of the minority party - in any country. Just one.


PS: You know GEJ is from a minority tribe, how come you don't have a problem with that?
This is a really dumb comparison, and it shows that you have zero understanding of the issue/context of the debate going on here. I'm done.

1 Like

Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Nobody: 11:40am On Oct 29, 2014
Kingslaw:
68.(1)A member of the Senate or of the House of Representatives shall vacate his seat in the House of which he is a member if - (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; or
It is for the PDP to prove that there was no division as at when he defected. However, this applies to MEMBERS. The removal of SPEAKER is very clear
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Montaque(m): 11:40am On Oct 29, 2014
patrickmuf:
Problem is you didn't quote this section of the constitution when members of the opposition decamped to the PDP... How can you be this insincere?
Is it now late to start acting right in Nigeria?
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Montaque(m): 11:44am On Oct 29, 2014
patrickmuf:
Problem is you didn't quote this section of the constitution when members of the opposition decamped to the PDP... How can you be this insincere?
Is it now late to start acting right in Nigeria?
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Ajascolove(m): 11:48am On Oct 29, 2014
When one decamp from APC to PDP, its celebration galore for the pdp but when one decamp from PDP to APC, you hear resign, court action, crying, and their paid agents starts abusing and cursing the defectors. Nigerians, I hail thee!
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Montaque(m): 11:52am On Oct 29, 2014
ayindejimmy:

You are certainly the laziest critic on this issue. There's currently a friction in Sokoto PDP. Tony Anineh recently had a meeting wit PDP stake holders in Sokoto in order to resolve their differences howeva Tambuwal wasnt invited. That was why he attended the meeting the Governor called.
The speaker is certainly a calculative thinker and i can bet u this is premeditated . He has PDP exacly where he wants them.
Cool down. There is what you should know. A friction in Sokoto PDP as u said cannot translate into a "division" as envisaged by the constistution. This is because Sokoto PDP is just a branch of the NATIONAL party and does not have a juristic personality,its just for administrative convenience. Secondly,there is no division literally,they are having friction,misunderstanding,disgreement,but they are still under the BIG umbrella called PDP,thats why Anineh is there as a means of truce.there is bound to be disgreement,this is politics. Shalom
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Ositawap: 11:57am On Oct 29, 2014
All this PDP self...always thinking la pigs..dia brain needs update...pls someone should help dem wid Google account..so dem get it downloaded on playstore
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by sammoR: 12:05pm On Oct 29, 2014
Birds of the same feather, they say flock together. This Olisa Metuh guy is just as empty headed as the person he serves. You can attribute so many statements so lacking in common sense to these set of people. The fact that they are capable of such levels of lack of reason negates whatever good they seem to be doing, reveals their half hearted attempts towards the welfare of the Nigerian state and provides enough reason to vote them out. I am from the Niger-Delta but Gid forbid I vote GEJ again on the premise of either tribe or religion. The first time was a costly mistake! I can vote a muslim muslim ticket even though I am a christian. Buhari to fight corruption n bring all these people to book, Fashola for development as he has done in Lag. These guys have records and all those hating have yet to prove a thing. Buhari doesn't have my vote yet, but Jonathan certainly does not have it even if whoever I vote looses. But GEJ, naaaa!!!! Just saying.

1 Like

Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by anonimi: 12:07pm On Oct 29, 2014
barcanista:
It is for the PDP to prove that there was no division as at when he defected. However, this applies to MEMBERS. The removal of SPEAKER is very clear

* Can someone be a Speaker without first being a Member of the HoR
* How can he continue to be Speaker IF the court asks him to vacate his seat in the HoR
Re: Tambuwal:What The 1999 Nigerian Constitution Says About The Office Of Thespeaker by Kagarko(m): 12:08pm On Oct 29, 2014
Clerverly:
I read an article somewhere, where Oliseh Metuh of PDP, called for the resignation of Hon. Tambuwal for ditching a party on whose majority he rose to the office of the speaker house of Representative.

In his exact words: “After a thorough consideration of the matter, the NWC came to a conclusion that the Hon. Speaker, as a responsible elected officer, knows full well what is needful and honourable of him since his new party is in the minority [in the House]” he said.

I have also read some comments offline and online, when some ignorant/paid commentators have started insinuating that Hon Tambuwal May lose his office for simply not fulfilling the requirements of the law as regards the position of speaker.

It is very unfortunate that some Nigerians including public office holders are too lazy, to read the elementary sections of our Constitution, some of which are self explanatory.

Now, let us examine what Chapter V, Part 1 (Composition Of National Assembly) sections 47 -50 of the Constitution Of The Federal Republic Of Nigeria holds:


There shall be a National Assembly for the Federation which shall consist of a Senate and a House of Representatives.

48. The Senate shall consist of three Senators from each State and one from the Federal Capital Territory, Abuja.

49. Subject to the provisions of this Constitution, the House of Representatives shall consist of three hundred and sixty members representing constituencies of nearly equal population as far as possible, provided that no constituency shall fall within more than one State.

50. (1) There shall be:-

(a) a President and a Deputy President of the Senate, who shall be elected by the members of that House from among themselves; and

(b) a Speaker and a Deputy Speaker of the House of Representatives, who shall be elected by the members of that House from among themselves.

(2) The President or Deputy President of the Senate or the Speaker or Deputy Speaker of the House of Representatives shall vacate his office -

(a) if he ceases to be a member of the Senate or of the House of Representatives, as the case may be, otherwise than by reason of a dissolution of the Senate or the House of Representatives; or

(b) when the House of which he was a member first sits after any dissolution of that House; or

(c) if he is removed from office by a resolution of the Senate or of the House of Representatives, as the case may be, by the votes of not less than two-thirds majority of the members of that House.

So where did PDP find the supposedly "loophole" or authority in law, in asking Hon. Tambuwal to resign? The only option left for them, is to rally their members and see if they can muster the required number when plenary resumes in decemeber, in order to satisfy Section 50, subsection 2 C as highlighted above.

Anything else is calling for anarchy!

CC; Barcanista, Omenka, Berem, Obiagelli, Neenar, Donphilopus, ibsultan, Gbawe,pataki, edcure, pendy97, and the progressives!


God bless you.
Let his enemies go to hell

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