Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President - Politics - Nairaland
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Saraki’s Emergence Not Illegal – NBA President / PDP Crying And Having Sleepless Night Over Tambuwal Defection / PDP Must Be Worried Over Tambuwal's Defection- Former Senator (2) (3) (4)
| Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Ayomidric(m): 1:20pm On Nov 02, 2014 |
The president of the Nigeria Bar Association Augustine Alegeh, SAN, on Saturday attributed the leadership crisis currently brewing in the Federal House of Representatives over the defection of the Speaker, Aminu Tambuwal, to loopholes in the Nigerian Constitution. Alegeh, who disclosed this to journalists after a meeting of the Midwest Bar Forum comprising lawyers from Edo and Delta, also identified poor administration of justice in the country as a factor responsible the removal of Tambuwal’s security aides by the Nigeria Police. The NBA chief explained that the Nigerian Constitution did not envisage the defection of the Speaker or Senate President, since both offices were expected to preside over the argument of a lawmaker defecting from one party to another. He said that the police erred by withdrawing the security details attached to the speaker because the power to determine whether or not there had been a breach of the constitution in the defection of the Tambuwal to the All Progressives Congress was beyond the jurisdiction of the agency. “Section 68 of the constitution enumerates the procedure to be adopted by the National Assembly when a member defects from one party to another. “Unless and until that procedure is followed and adopted, Aminu Tambuwal remains speaker of the House of Representatives. “We have stated clearly that the police lacks jurisdictional competence to determine whether or not there has been a breach of the constitution; that duty is a function of the court. “There is no provision in our constitution that says if you are in PDP or APC and you decamp to another party you automatically lose your position of leadership of the House, the NBA president said. Explaining further, Alegeh stated that there was nothing in the Constitution or legal jurisprudence which read that the Speaker or President of the Senate must come from the ruling party, rather “all that must happen is that majority of members of the House must vote for him.” He said “There ought to be an expectation where a speaker of the House who is charge constitutionally to declare a seat vacant is the person in the act of decamping. “He should allow his deputy to preside over the sitting so that when he presents his reasons for decamping, the deputy can take a decision. “In the case of Aminu Tambuwal, he has said that ‘I’m leaving the PDP for the APC.’ The next question under the constitution is that he gives reasons and the Speaker of the House will arrive at a decision whether the reasons he has given are in accordance with the constitution.” Speaking on the role of the court in the matter, Alegeh said that it was important for the court to always act in order to uphold democracy. He also described as unacceptable the pending court cases of some Peoples Democratic Party lawmakers who decamped to the APC, which he said had lasted for an upward of eight months in court, noting that the argument surrounding Tambuwal’s defection would not have arisen, if such cases had been resolved. “We call on our justices and judges that their duty to uphold the constitution is sacred. When there is a delay correcting the constitution, then their is a denial of justice. “And when their is a denial of justice, people resort to self help. The present situation involving Tambuwal would have been avoided if the judiciary had given a pronouncement on the issue of decamping. “The present situation, with respect, is a direct fallout from the inability of our courts to determine this matter earnestly. “As of now, the simple matter of the interpretation of Section 68 is lacking forever. This is unacceptable. Any judge that is charged with that interpretation must be able to do so within one week,” he said. http://www.punchng.com/news/constitutional-loopholes-to-blame-over-tambuwals-crisis-nba-president/ 1 Like 1 Share |
| Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by focus7: 2:57pm On Nov 02, 2014 |
All the ignoramus PDP e-supporters should at least read this and be educated. There was one among them in one thread saying if Tambuwal is a lawyer he should know what the Nigeria constitution says and resign, I read some other posts from these illiterates and I felt sorry for Nigeria educational system. Well I shouldn't expect much since the person they were fighting for is clueless it is not a surprise that the followers will be like him. 15 Likes |
| Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by brownlord: 3:04pm On Nov 02, 2014 |
focus7: “all that must happen is that majority of members of the House must vote for him.” He said “There ought to be an expectation where a speaker of the House who is charge constitutionally to declare a seat vacant is the person in the act of decamping. “He should allow his deputy to preside over the sitting so that when he presents his reasons for decamping, the deputy can take a decision. “In the case of Aminu Tambuwal, he has said that ‘I’m leaving the PDP for the APC.’ The next question under the constitution is that he gives reasons and the Speaker of the House will arrive at a decision whether the reasons he has given are in accordance with the constitution.” 2 Likes |
| Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Ayomidric(m): 3:05pm On Nov 02, 2014 |
focus7:r u saying ur President is clueless? |
| Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by brownlord: 3:06pm On Nov 02, 2014 |
I agree wholeheartedly with him, if the case of defected law makers have been decided, tambuwal's case is no issue. something need to be done about our cash and carry judicial system. 1 Like |
| Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by bappahman: 3:10pm On Nov 02, 2014 |
Nigerian voters are expected to effect a desirous change through the ballot boxes & throw up only the genuine democrats & patriots as their political leaders. The ruling party is busy destroying all the sectors of the nation’s economy & setting the people against themselves.With the calibre of patriots in APC coupled with the resolve of the electorate to facilitate change,the end to PDP has come. We are in politics with the fear of God and we will discharge our responsibilities with the fear of God; we will not allow PDP contractors now in our party to cause chaos in our party. We will only support whoever has the interest of the people. PDP will not distract or divide us. The battle to safe Nigeria will be won by well meaning Nigerians with good plans for all of us”.... APC BBM Channel Pin: C00462FB9 www.pin.bbm.com/C00462FB9 2 Likes |
| Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Mogidi: 3:11pm On Nov 02, 2014 |
focus7:Did you see this “He should allow his deputy to preside over the sitting so that when he presents his reasons for Ihedioha has made a decision, Tambuwal is no longer a rep. Only God knows how this stupid man came to lead our house of rep. A man who moved from APP to ANPP then DPP then PDP and now APC should only be allowed to lead cows in his farm in sokoto. He's not a leader of men, the man is unstable. |
| Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by PaulJohn1: 3:19pm On Nov 02, 2014 |
Our constitution should be thoroughly looked into and redressed. The reason for recent misinterpretation of the constitution is because many of these laws were made without the consideration of exceptional cases. And I think this is the best time for any meaniful amendment, because of the sound opposition we have presently, who are there to agree and/or disagree on matters inorder to favour all parties. Many of our laws were made when the nation was still a one-party state, with little or no consideration for any opposition party that might be a threat to the ruling party. The only part of our constitution that we're making reference to today(section 68) on defection from a party to another, was made in '99, when we had just one national party. 1 Like |
| Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Amanwulu1(m): 3:51pm On Nov 02, 2014 |
focus7:And u think u understand what is meant by d write up? D same court will acquit somebody n u hypocrites will blame d president for swaying d justice, yet he can't sway it in favour of pdp over d 37 reps 4 over 8 months now. Hypocrite Are u telling me now dat u beliv d judiciary is independent or u're saying dis bc somehow it contains an element of what u wnt to hear? 2 Likes |
| Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Amanwulu1(m): 3:57pm On Nov 02, 2014 |
Mogidi:how can d professor fuul see it? He schooled in cambridge, it's only u and me dat schooled here dat can see dat. Did u see whr he was blaming our educ system for his ...? 1 Like |
| Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Nobody: 4:13pm On Nov 02, 2014 |
A balanced analysis devoid of partisanship Selfish reasons on the part of politicians more than anything else have denied Nigeria of good amendments to our constitutions. Thi current set of politicans can't just be trusted to do a holistic amendments to the current constitution with all it inconsistencies and shortcomings. 1 Like |
| Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Chimezie250(m): 4:55pm On Nov 02, 2014 |
ilugunboy: |
| Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Nobody: 5:02pm On Nov 02, 2014 |
“He should allow his deputy to preside over the There is no section of the constitution that mandates the Speaker or Senate President to allow the Deputy to preside over their defection. In fact, such contradict the 1999 constitution that clearly state that the Deputy should only Preside in the Absence of the Speaker. In other words, the Speaker cannot be present while the deputy preside. Section 53(1(b) is very clear as regards presiding over affairs of the House. It amount to illegality should the deputy preside when the speaker is present. Section 53(1)(b) in the case of the House of Representatives, the Speaker of that House shall preside, and in his absence the Deputy Speaker shall preside. 1 Like |
| Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Nobody: 5:05pm On Nov 02, 2014 |
Where is chukwudi44 the naira land lawyer to come and argue with his learned colleague. |
| Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by atlwireles: 5:11pm On Nov 02, 2014 |
The NBA chief explained that the Nigerian Constitution did not envisage the defection of the Speaker or Senate President  Are they not legislators? The constitution is clear on the subject matter. 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 2 Likes 2 Shares |
| Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Nctrice(m): 5:13pm On Nov 02, 2014 |
He just said it all, our justice system is incompetent and filled with unjust men and woman! I say this because just like he has rightly said a case that could have been interpreted in less than a week has lasted for about eight months and still counting. Why has it taken this long? CORRUPTION!!! |
| Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by omenka(m): 5:21pm On Nov 02, 2014 |
“Section 68 of the constitution enumerates the Like I said before, Jonathan is a learner and his advisers are his worst enemies!! |
| Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by redsun(m): 5:22pm On Nov 02, 2014 |
How come it takes a court to decide what happens in the event of defection as if they are contesting for rigged election? Why didn't the electoral or national constitution s say it categorically? |
| Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Descartes: 5:28pm On Nov 02, 2014 |
ilugunboy:Gbam!!! 1 Like |
| Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Nobody: 5:35pm On Nov 02, 2014 |
redsun: All these constitutional hiccups could have been avoided if the military have kept off from government.....most of these issues of our our democracy we are battling with could have been sorted out long time ago 1 Like |
| Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Nobody: 5:37pm On Nov 02, 2014 |
for me what I see here is failure of politics and lack of common sense or maturity on the part of people who call themselves our leaders! Tambuwal is first a House of Rep member before he is a Speaker, just as David Mark is a Senator before he is Senate President. They are bound by all rules that apply to any Legislator in the country! This truth is why every 4years they still have to go back to their constituents and ask to be elected to NASS just like any other legislator. But as custodians of the law then the crafters of our constitution would have thought that Speakers and Senate Presidents will be grown up enough to do the right thing and apply the very same rules they will apply to other colleague should such eventuality arise? Was the constitution and its crafters thinking too highly of the average Nigerian politician? It seems to me that this is actually the real issue here. The stubborn refusal of Tambuwal to do what is right but instead seeking and inventing all loopholes to circumvent the very constitution he was elected to strengthen and defend. No Constitution of any country of the world will ever cover every eventuality. No book or computer will be large enough to cover the sections of such a constitution. What this moment calls from us is to be alert and say the truth to Tambuwal. Which is he should do the right thing, save himself and the Nation the embarrassment, do the right thing and just resign. He has already adjourned for an unsual 1 month eventhough the house has only recently returned from a 2 months recess. This man is toying with an institution as important as the 2nd arm of government and a position as important as the 4th ranking officer in the country. He should not be allowed to invent unexistent loopholes but instead told in clear terms to do the right thing and resign. Failing that the court should be asked to clarify!!!! 1 Like |
| Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Clerverly: 5:44pm On Nov 02, 2014 |
brownlord: Brownfool I have warned you to steer clear of any thread that requires application of one's intelligentsia in analyzing issues, because you ve got none! TAN Tout! 2 Likes |
| Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Nobody: 5:47pm On Nov 02, 2014 |
mikeansy: Yes ...maybe on moral grounds he should resign, but constitutionally he has every right to remain as the speaker until the MEMBERS OF THE LOWER HOUSE removes him as their speaker. |
| Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by anonimi: 5:47pm On Nov 02, 2014 |
ilugunboy: That is what our federal legisLOOTERS should be doing as lawmakers in Abuja. For where? Dem just dey collect our multi millions for nothing as dem sabi sey we all be mumus who sabi hail dem wella and the problems go dey continue dey go. |
| Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Clerverly: 5:48pm On Nov 02, 2014 |
mikeansy: Sentiments Shared by a TANiod! Hon. Tambuwal remains the speaker of the House of Representative, deal with it Or go and hit your head on the wall! 2 Likes |
| Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Nobody: 5:50pm On Nov 02, 2014 |
Can I also add that it is quite remarkable that APC the so called "progressive" party of change are NOT asking Tambuwal to resign. Instead they celebrating their new catch haven produced a minority speaker through the back door!!! |
| Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Nobody: 5:51pm On Nov 02, 2014 |
anonimi: A fact that we all should accept is that ALL our politicians are selfish .....anything or law that will reduce their privilege will be resisted. |
| Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by patrickmuf(m): 5:54pm On Nov 02, 2014 |
Mogidi:Ihedioha has made a decision? See how empty you are...Is it Ihedioha's decision to make? I tire for some people here... |
| Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Chimezie250(m): 5:59pm On Nov 02, 2014 |
Nobody should derail this topic, honest opinion is what we want, kudos to ilunguboy and mikeasy like ur view, cleverly like u have nothing important to say |
| Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by anonimi: 6:02pm On Nov 02, 2014 |
ilugunboy: They are simply being stupid and clueless. They won't be in those positions forever hence they make it easier for themselves when they are no longer holding those positions by making better laws that we ALL respect. Where is Sen. Ashafa today for example? What of Lucky Igbinedion, Segun Oni etc? Our CURRENT state governors are repeating the same mistake by opposing LGA autonomy It is because oyinbos understand this principle of Enlightened Self Interest that their SOCIETIES are so much better than ours even though our IQs are the same. 1 Like 1 Share |
| Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Caseless: 6:07pm On Nov 02, 2014 |
focus7:dont blame the pdp thugs; they are the product of poor education supplied/provided by d pdp-led govt overtime. 1 Like |
| Re: Constitutional Loopholes To Blame Over Tambuwal’s Crisis – NBA President by Nobody: 6:09pm On Nov 02, 2014 |
anonimi: Just like most Nigerians.....most of our politicans of present are shortsighted. Very few can scale the partisanship huddle....reason you hardly see any statesmanship behavior among them. 1 Like 1 Share |
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